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(영문) 대구지방법원 2015.10.23 2014구단10757
상이사망인정거부처분취소
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. The plaintiff's spouse B entered the Army on May 13, 1966 and was dispatched to the Vietnam War on March 10, 1967 and was discharged on April 26, 1969.

B. On October 10, 1997, the Plaintiff filed an application for registration of defoliants patients, and received the judgment of “do” as a patient suffering from potential aftereffects of defoliants on September 24, 1998, and applied for an additional medical examination, and received the judgment of “Do” as to the injury or disease of “serious disorder, urology, and high blood pressure” on December 17, 199.

C. After that, “urinary disease” that was suffering from potential aftereffects of defoliants was converted to actual aftereffects of defoliants, and was judged to be class 7, class 702, and 201 on the physical examination conducted on April 17, 2002, and registered as a person of distinguished service to the State, each of whom was determined as “urinary disease” in the physical examination conducted on December 12, 2005 and January 25, 2008, and was determined as “mathal disease” in class 7, class 401 on February 14, 2008.

B The Plaintiff died on June 14, 2008. On June 24, 2013, upon filing an application for changes in the status on the grounds that the deceased status was caused by the above injury and disease, the Defendant was deliberated by the Board of Patriots and Veterans Entitlement, and on September 16, 2013, notified the Plaintiff of the result of deliberation on whether the deceased status was deceased (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 9, 10, 11, 14, Eul evidence Nos. 1 through 4, 6 through 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the plaintiff's assertion was suffering from high blood pressure and urology, neutal disorder, cerebral disorder, cerebrovascular disease for a long time, the defendant's disposition of this case is unlawful, even though the plaintiff's assertion died due to her complication.

(b) as shown in the attached Form of the relevant statutes;

C. As seen earlier, Article 12(3) of the former Act on Persons of Distinguished Services to the State and Article 20 of the Enforcement Decree thereof.

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