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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 deceased B (hereinafter “the deceased”) entered the Army on September 15, 1966, and was Vietnam Wared from June 20, 1968 to June 30, 1969, and was discharged from the military on August 16, 1969, and registered as a person who was recognized as having been suffering from defoliants (class VII 702 above) and died (class VII 7:02 above) at the Gannam University Hospital on May 29, 2018.
B. On June 12, 2018, the Plaintiff, the deceased’s spouse, submitted a report on the changes in the deceased’s status, and applied for the deliberation of the death causing the injury. However, on July 30, 2018, the Defendant rendered a decision non-conformity with the requirements for the death of the deceased (hereinafter “instant disposition”) on the ground that “the deceased was sick with medical treatment for six months with a pulmonary electric certificate around October 2016, and the directly death was recorded in the death certificate, and the objective medical data that could have been recognized as having died due to the aggravation of the injury in the instant case and the merger are not verified.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 3 and 5 (including provisional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Since the Plaintiff’s fluoral fladism was caused by aggravation of the injury of this case caused by defoliants, there is a considerable causal link between the deceased’s direct death and the injury of this case.
Therefore, the instant disposition made by the Defendant on a different premise is unlawful.
B. Determination 1) Article 12(3) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (amended by Act No. 11041, Sep. 15, 2011) provides that “where a soldier or policeman wounded in action, soldier or policeman wounded on duty, wounded on duty, wounded on the April 19 Revolution, or wounded on duty