2014Gudan31678. Revocation of the refusal to register as bereaved family members of patients suffering from actual aftereffects of defoliants

A

Head of Suwon Veterans Branch Office

May 1, 2015

June 19, 2015

1. The plaintiff's claim is dismissed.

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

The Defendant’s refusal to grant registration to the bereaved family members of patients suffering from actual aftereffects of defoliants on August 4, 2014 shall be revoked.

1. Details of the disposition;

A. On October 19, 1966, 1966, 199, the Plaintiff’s husband’s husband entered the Army and participated in Vietnam from August 16, 1969 to April 19, 1970, and was discharged from military service on March 29, 1972.

B. On March 10, 1997, the Deceased applied for the registration of a patient suffering from defoliants with respect to Mali-pathal disease, nephalopic disorder, chronic mastalosis, nephalosis, and ethic disease among regions. On May 4, 1998, the Deceased was judged to have a serious degree of disability with respect to 'the severe disability' as a result of disability grade assessment.

C. In addition, on May 13, 2011, the Deceased filed an application for re-examination of 'culposis', cerebral chronology, and urine disease. On November 29, 2011, the Deceased was found to have been recognized as actual aftereffects of defoliants, 'pulphal transfusion, and chronology' as potential aftereffects of defoliants, but the results of the physical examination were determined to fall short of the grade criteria.

D. On February 9, 2012, the Deceased was judged as having been judged as having been additionally recognized as potential aftereffects of defoliants on the part of the deceased. On July 12, 2014, the person who died and the person who was directly in charge of the death was determined as having been 'obsescy and pulmonary cancer (e.g., liver and pulmonary cancer)'.

E. Meanwhile, the diagnosis of the Central Veterans Hospital issued on July 21, 2014, after the deceased’s death, stated that “as a person who was diagnosed with urine disease before six years prior to the diagnosis of urine disease and received continuous medical treatment from urine urine urine urine urine as a patient with urine urine urine urine urine urine urine urine urine urine urine, and was implemented seven times due to urine urine urine urine urine urine urine urine.”

F. On July 29, 2014, the Plaintiff, the deceased’s spouse, asserted that the deceased died of urine disease, the actual aftereffects of defoliants, and filed for registration of bereaved family members of the patients suffering from actual aftereffects of defoliants. On August 4, 2014, the Defendant rendered the instant disposition rejecting the application for registration of bereaved family members of the patients suffering from actual aftereffects of defoliants on the ground that the deceased’s urine disease, the actual aftereffects of defoliants, was registered and does not meet the requirements under Article 8 of the Act on Support for Patients with Aculatory Diseases (hereinafter “AP”).

[Ground of recognition] A without dispute, entry of Gap evidence 6, purport of whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

According to Article 6-3(3)1 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, which applies mutatis mutandis to the physical examination of patients suffering from actual aftereffects of defoliants pursuant to Article 6-2 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter referred to as the “Act on Persons of Distinguished Service to the State”), “if a person fails to receive a disability rating on a new physical examination, reexamination, physical examination, or re-verification physical examination, such application for registration or physical examination shall be deemed dismissed.” Since the deceased was judged to fall short of the grade standards on urology, the deceased’s application for registration of actual aftereffects of defoliants was dismissed. Thus, the deceased’s application for registration of the deceased’s actual aftereffects of defoliants was recognized as the deceased who died from the rapid aggravation of urology who died from actual aftereffects of defoliants by applying Article 8(1)1 of the Act on the Honorable Treatment and Support of Persons of

B. Relevant statutes

It is as shown in the attached Form.

C. Determination

On May 13, 201, 201, before the death of the deceased, an application for re-examination of the “urine disease” was filed and judged as actual aftereffects of defoliants on November 29, 201, but as a result of the physical examination, it was judged as falling short of the grade standard.

As asserted by the Plaintiff, with regard to whether an application for registration of a patient suffering from actual aftereffects of defoliants can be deemed dismissed, Article 3 of the defoliant Act provides that a patient suffering from actual aftereffects of defoliants is a person determined and registered pursuant to Article 4 of the defoliant Act as a patient suffering from actual aftereffects of defoliants, and Article 4 of the defoliant Act provides that upon receipt of an application for registration of a person subject to legal application of the Act, the Minister of Patriots and Veterans Affairs shall send relevant data to the head of the veterans hospital for medical examination to determine whether the applicant is a patient suffering from actual aftereffects of defoliants and shall be notified of the result and the applicant is determined to be subject to the Act, and if the applicant is determined to be subject to the Act, the registration shall be registered in the register, and among those determined to be, as a patient suffering from actual aftereffects of defoliants pursuant to Article 6(1) and (2) of the defoliant Act, a person whose degree of disability was determined to be a victim suffering from a disability rating under Article 6-4(1) of the Act on the Persons of Distinguished Service to the State.

Although Article 6-3 (3) 1 of the Act on Persons, etc., of Distinguished Service to the State, which Article 6-2 of the Act on Persons, etc., applicable mutatis mutandis, stipulates that an application for registration or a physical examination application shall be deemed dismissed if the person was unable to receive a disability rating in a new physical examination, physical examination, or physical examination, as alleged by the Plaintiff, although Article 4 (1) 4 of the Act on Persons, etc., of Distinguished Service to the State, which is one of the persons subject to the Act on Persons, etc., was wounded or wounded in the course of performing duties corresponding to "the person who was judged to have suffered physical disability falling under the disability rating under Article 6-4 of the Act on Persons, etc., in a physical examination, and Article 4 (1) and Article 2 subparagraph 2 (a) of the Act on Persons, etc., of Distinguished Service to the State, provides that "the person, who was a Vietnam War veteran, and suffers from a disease falling under any subparagraph of Article 5 (1) of the same Act, unlike the Act on Persons, does not require a physical examination.

In full view of the above provisions, if a requested disease of a patient suffering from actual aftereffects of defoliants constitutes actual aftereffects of defoliants under Article 5(1) of the Act, it is reasonable to view that the Act does not change the status already registered as a patient suffering from actual aftereffects of defoliants even if the applicant is determined to fall short of the grade standards in the physical examination thereafter.

Therefore, as long as the deceased applied for registration of urine diseases and was registered as a person subject to the application under Article 4 of the defoliant Act after being recognized as actual aftereffects of defoliants, the above application for registration of patients suffering from actual aftereffects of defoliants cannot be deemed dismissed on the ground that the deceased was judged to fall short of the grade based on the result of a new physical examination. Thus, it shall not be deemed that the deceased's application for registration of patients suffering from actual aftereffects of defoliants

Therefore, the instant disposition rejecting the registration of bereaved family members against the Plaintiff on the ground that the deceased’s urine disease was already registered as a patient suffering from actual aftereffects of defoliants is legitimate, and the Plaintiff’s assertion is without merit.

3. Conclusion

Thus, the plaintiff's claim shall be dismissed as it is without merit.

Judges Lee Sung-ho

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.