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(영문) 부산지방법원 2015.11.18 2015구단20590
고엽제후유증환자유족 비대상 결정 취소
Text

1. On December 10, 2014, the Defendant’s decision against the Plaintiff as to whether to belong to the bereaved family members of patients suffering from actual aftereffects of defoliants shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband’s deceased B (hereinafter “the deceased”) entered the Gun on November 27, 1965, and was discharged from military service during the Vietnam War from October 19, 1966 to September 5, 1967, and from February 3, 1968 to April 25, 1969.

B. After having recognized “heremic heart disease” as a potential aftereffects of defoliants, the deceased was determined as having been suffering from potential aftereffects of defoliants as a result of the physical examination conducted by the Busan Veterans Hospital on the classification of disability grades, and died on January 8, 2005.

C. Prior to the amendment by Act No. 11600, Dec. 21, 2012, the Deceased’s Death, etc., at the time of the death of the deceased.

c. The term “satisfy” means:

(A) When the Hudne heart disease was recognized as actual aftereffects of defoliants, the Plaintiff is the Defendant who participated in the Vietnam War and caused the Hudne heart disease (hereinafter referred to as the “instant disease”).

(D) The Defendant applied for the registration of bereaved family members suffering from actual aftereffects of defoliants pursuant to Article 8(1) of the defoliant Act on January 8, 2005 on the ground that the disease occurred and died due to the instant wound. Accordingly, on December 10, 2014 following the deliberation and resolution of the Board of Patriots and Veterans Entitlement, the Defendant rendered a non-determination of the bereaved family members suffering from actual aftereffects of defoliants (hereinafter “instant disposition”).

[The facts without dispute over the basis for recognition, the entries in Gap evidence 1 to 3, and the purport of the whole pleadings.]

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased died due to the cardio-cerebral heart disease, an actual aftereffects of defoliants, and thus, the Plaintiff constitutes the bereaved family members of the patients suffering from actual aftereffects of defoliants as prescribed by the defoliant Act, but the Defendant’s instant disposition based on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

(c) medical opinions 1.1.8 of 2005 - types of death: sick death.

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