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(영문) 춘천지방법원 2014.04.25 2013구합2271
고엽제후유증환자유족 등록거부처분 취소
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 husband’s husband B (hereinafter “the deceased”) entered the Navy on July 6, 1964, and participated in Vietnam from October 9, 1965 to October 21, 1966, but was discharged from military service on December 31, 1966.

On August 12, 1992, the deceased died on August 12, 1992, and his own death was “malone cancer” and the pre-surinate was “mal and urine”.

B. On December 27, 1993, the Plaintiff asserted that the deceased died of actual aftereffects of defoliants, and applied for registration of the Plaintiff as the bereaved family of the patients suffering from actual aftereffects of defoliants pursuant to the Act on Support, etc. for Patients suffering from Actual aftereffects of defoliants.

However, the defendant, after the deliberation of the Board of Patriots and Veterans Entitlement on March 16, 1994, rejected the plaintiff's application on the ground that the disease constitutes potential aftereffects of defoliants, although it is recognized that the deceased suffered from malmal crymosis and urine disease.

C. Following the amendment of the Act on Assistance, etc. to Patients from Actual aftereffects of defoliants (amended by Act No. 6647, Jan. 26, 2002; hereinafter referred to as the “Act on Assistance, etc. to Patients from Actual aftereffects of defoliants”), the Plaintiff filed an application for registration of bereaved family members of patients suffering from actual aftereffects of defoliants with the Defendant on July 9, 2002, asserting that the Deceased died of a urine who was actual aftereffects of defoliants.

However, on February 13, 2003, the defendant rejected the plaintiff's application according to the result of the deliberation of the Board of Patriots and Veterans Entitlement that the cause of death of the deceased should be deemed to be urine rather than urine.

On August 1, 2012, the Plaintiff filed an application with the Defendant for the registration of bereaved family members of patients suffering from actual aftereffects of defoliants by asserting that the proximate causal relationship between the death of the deceased and the urology, who is actual aftereffects of defoliants, has been recognized.

However, on October 18, 2012, the defendant should be deemed as liver cancer, and there are no circumstances to reverse the existing results of deliberation by the Board of Patriots and Veterans Entitlement.

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