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(영문) 수원지방법원 2017.05.12 2014구단3925
고엽제법적용대상비해당결정처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 2, 1957, the Plaintiff’s husband B entered the Marine Corps B as a noncommissioned Officer of the Marine Corps, and participated in the Vietnam War from May 16, 1967 to March 24, 1968, and died on May 4, 1995.

B. On December 26, 2013, the Plaintiff filed an application with the Defendant for registration of bereaved family members suffering from actual aftereffects of defoliants pursuant to Article 8 of the former Act on Support for Patients Affected by Aggravated Injury, Etc. and Establishment of Related Associations (amended by Act No. 13605, Dec. 22, 2015; hereinafter “former Act”) on the ground that the deceased, his husband, was in Vietnam, and died as “urine disease” as the victim of the instant application on May 4, 1995.

On July 31, 2014, the Defendant rendered a non-applicable disposition against the Plaintiff on the ground that it is difficult to recognize that the deceased died of a “urine disease” as the victim of the instant application, thereby failing to meet the requirements of Article 8(1) of the former Act (hereinafter “instant disposition”).

【Court-Appellants 1, 5, 6, 7, Eul evidence 1, and the purport of the whole pleadings】

2. Under the former defoliant Act, ① a soldier under the Military Service Act in the Vietnam War on July 18, 1964 to March 23, 1973 who was discharged from actual aftereffects of defoliants and served as a soldier under the same Act in the area where defoliants was sprayed, and “purology disease (except for congenital urine disease)” constitutes a patient suffering from actual aftereffects of defoliants (Articles 2 subparag. 2(a) and 5(1)13), ② his spouse was recognized as having died of actual aftereffects of defoliants for meeting the requirements for the registration of bereaved family members suffering from actual aftereffects of defoliants (see Article 8(1)1 of the former Act, Article 4(1)3 of the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, etc.). In this case, the Plaintiff is the deceased’s “purology” and the death of the deceased who was actual aftereffects of defoliants.

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