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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 Plaintiff’s husband’s husband B (hereinafter “the Plaintiff’s husband”) was determined on June 18, 200 as the urology of defoliants, which occurred in the Vietnam War, and was recognized as a person of distinguished service to the State, who was killed or wounded in action.
B. On October 17, 2011, the Deceased was hospitalized at the Busan Veterans Hospital, but the state of the deceased aggravated, and was transferred to the East Asian Hospital on January 9, 2012, and continued hospitalized treatment upon the diagnosis of pulmonary dysium, dysium, and he was diagnosed on March 15, 2012.
C. The Plaintiff filed an application for compensation to the bereaved family members of soldiers and police officers killed and wounded in action who died pursuant to Article 12(3) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11452, May 23, 2012; hereinafter “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), but the Defendant rejected the application on May 25, 2012 on the ground that there is no proximate causal relation between the death of the deceased and urology.
The Plaintiff supplemented relevant documents and re-written the same application to the Defendant twice, but the Defendant again rejected the same on October 22, 2012 and August 25, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 20, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased died from urology, but the instant disposition that was determined differently is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Medical opinions on the Deceased are as follows.
1) The diagnosis date of September 13, 2010, written opinion of the Changwon Industrial Complex A) dated 13, 2010: The name of sick on September 13, 2010 (2): Waste collection, urology, and alcohol disease records.