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(영문) 창원지방법원 2014.12.12 2014구합20269
고엽제후유증환자재확인신체검사신청각하처분취소
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed.

3. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 3, 2013, the Plaintiff’s husband (CB, hereinafter “the Plaintiff’s husband”) was a Vietnam War veteran, and died on April 3, 2013, when the Plaintiff was registered as an actual aftereffects of defoliants and was supported by the 6th grade 2 of the disability rating after having been recognized as actual aftereffects of defoliants.

B. The developments leading up to the registration of the deceased as a patient suffering from actual aftereffects of defoliants are as follows.

1) On July 24, 2002, the Deceased filed an application for registration of a patient suffering from actual aftereffects of defoliants with respect to the urology, and was found to have been suffering from actual aftereffects of defoliants as a result of the examination conducted by the Busan Veterans Hospital. However, on December 16, 2002, the Deceased was determined to have failed to meet the standards for rating as a result of a new physical examination conducted on December 16, 2002. (ii) While the Deceased was receiving compensation for a herphal heart disease recognized as a disease suffering from actual aftereffects of defoliants, the Deceased was amended by Act No. 11203, Jan. 17, 2012, as amended by Act No. 11203, Apr. 18, 2012, and changed into actual aftereffects of defoliants, the Defendant ex officio filed for registration of a patient suffering from actual aftereffects of defoliants with respect to the Deceased.

3 On March 12, 2012, the Deceased was registered as Class 6 wounded in action in action on April 18, 2012, following the decision of Grade 6(2) based on “in-depth arbitration” in a new physical examination.

C. From December 2012, the Deceased died on April 3, 2013 while receiving a chronic kidne disease.

The direct deathist mentioned in the death diagnosis report is a show of blood shock caused by the chlostosis fever, the secretary is a chronic beanne disease, and the indirect death is a urine disease.

On the other hand, on April 19, 2013, which was issued after the deceased's death, the doctor's opinion on the Busan Veterans Hospital was "the deceased was a person who had been suffering from urology, high blood pressure, chronic kidney disease, and her Hemical heart disease, and was transferred to the veterans' hospital due to the aggravation of the overall state accompanied by her hospitalization in the Gupobu Hospital after the procedure for the crycsis at Busan University Hospital, and was transferred to the hospital for treatment in the middle patient room.

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