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1. The plaintiff B's lawsuit shall be dismissed.
2. The plaintiff A's claim is dismissed.
3. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The deceased C (hereinafter “the deceased”) entered on December 4, 1969 and participated in the Vietnam War from September 19, 1970 to September 29, 1971, and the Plaintiff A’s father and the mother of the deceased.
B. On November 21, 200, the Deceased applied for the registration of a patient suffering from actual aftereffects of defoliants to the Defendant on the following grounds: (a) on January 19, 2001, the Defendant rendered a decision on the occurrence of actual aftereffects of defoliants against urine disease (However, the judgment below was rendered on the ground that urology was not observed; (b) on the ground that the urology was not observed; and (c) the urine infection was non-specific.
(C) Article 3 of the former Act on Support, etc. for Patients with Calenda (amended by Act No. 6647 of Jan. 26, 2002, which classified urine diseases as potential aftereffects of defoliants at the time, was included in actual aftereffects of defoliants. A person who had already been registered as a patient suffering from potential aftereffects of defoliants, such as the deceased, was deemed to have been registered as a patient suffering from potential aftereffects of defoliants pursuant to Article 3 of the Addenda to the same Act).
On March 26, 2001, the Deceased applied for a review on the determination of the above disability grade against the Defendant, and the same year.
4. On 16. 16. Filing an application for re-examination of actual aftereffects of defoliants with respect to the Malipathitis and Marigrade infection.
However, on April 19, 2001, the defendant rendered the same decision as the previous disability grade with respect to urology, and the same year.
8.9. Based on the result of the re-examination by the Korean Veterans Hospital, the Korean Veterans Hospital rendered a non-applicable determination as to whether the Korean Veterans Hospital constitutes actual aftereffects of defoliants, such as Malipa infection.
On the other hand, the deceased died on June 10, 201, and “the deceased” among “the corpse” prepared at the time stated no indication on “the deceased’s death,” and “other physical conditions unrelated to the deceased’s death,” stated “the state of the deceased’s death after surgery with urology or urology.”
E. Plaintiff A is the deceased on August 21, 2015.