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(영문) 대전지방법원 2013.11.22 2012구단2073
국가유공자비해당결정처분취소
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. B, while serving in the Army as a staff sergeant, was diagnosed and treated as a “compactite” and died on May 4, 201.

B. On June 14, 2011, the Plaintiff, who is the deceased B (hereinafter “the deceased”), claimed that “the deceased died of liver cancer due to occupational and stress while serving in the military.” However, on October 18, 201, the Defendant rendered the instant disposition rejecting the Plaintiff’s application on the ground that it is difficult to find there exists a proximate causal relation between the deceased’s liver cancer and the military performance of official duties.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was diagnosed as a hepatitis B-type hepatitis around 2002 and was regularly inspected. There was no particular error in the function.

However, there is a proximate causal relation between the death of the deceased and the performance of military duties, since there was a liver cancer that has been exposed to a long-term harmful substance in the course of maintenance, due to excessive work while mainly in charge of vehicle maintenance work, and there was a liver cancer that has been caused by the above excessive, stress, exposure to harmful substances, etc., or the existing liver infection has rapidly aggravated due to the rapid aggravation of the liver cancer due to the above reasons.

B. 1) On August 18, 1992, the Deceased’s military service content and the deceased’s death (around 1992, the deceased was assigned to the position of the vehicle driving officer, the vehicle maintenance officer, the vehicle repair officer, the vehicle repair officer, the work support officer, the head of the maintenance and inspection team, etc.

B. On January 19, 201, the Deceased was treated as a hospital with an inner fals, salphals, and clothes. After the diagnosis conducted by the Seoul Asan Hospital, the Deceased was diagnosed as a “liver and galphalum cancer” as a result of the diagnosis conducted by the Seoul Asan Hospital, and died on May 4, 201.

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