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(영문) 의정부지방법원 2017.05.30 2016구합8949
고엽제후유(의)증환자비해당결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) entered the Gun on April 18, 1969 and participated in Vietnam from May 1, 1970 to May 1, 1971, but was discharged from military service on March 18, 1972.

B. As the Deceased died on July 29, 2015, on August 4, 2015, the Plaintiff applied for the registration of the bereaved family member of the patient suffering from actual aftereffects of defoliants to the Defendant on the ground that the Deceased died in the cardiopulmonary color, which is a breathic heart disease. However, on December 17, 2015, the Defendant rendered a decision on the non-existence of the bereaved family member of the patient suffering from actual aftereffects of defoliants, on the ground that there is no clear ground for the boomer disease following the deliberation and resolution of

C. The Plaintiff raised an objection to the foregoing decision, and filed an application for a re-examination on December 18, 2015, but the Defendant rendered a decision on May 10, 2016 to the extent that the bereaved family members of the patients suffering from actual aftereffects of defoliants were not the bereaved family members (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 1 through 8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. According to the Plaintiff’s medical certificate of death, diagnosis certificate, patient opinion, copy of medical records, and examination result of the examination of the heart, it is recognized that the deceased died in the heart color, which is a bruent heart disease.

Therefore, even though the Plaintiff constitutes a bereaved family member of a patient suffering from actual aftereffects of defoliants under Article 8(1)1 of the former Act on Assistance to Patients suffering from Actual aftereffects of defoliants, etc. and Establishment of Related Associations (amended by Act No. 13605, Dec. 22, 2015; hereinafter “former Act on Assistance to Patients suffering from Actual aftereffects of defoliants”), the instant disposition that did not recognize the Plaintiff as the bereaved family member on a different premise is unlawful.

(b) as shown in the attached Form of the relevant statutes;

(c) Determination 1) A: A medical opinion, etc. on July 29, 2015 - Medical certificate of death of the person directly related to death on July 29, 2015 - An acute heart color certificate - Prestigious death certificate of July 18, 2016 - Medical certificate of July 18, 2016 - sick name (final diagnosis: i) (the first diagnosis, i.e., self-consulatory disorder, cardiopulmonary resuscitation;

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