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(영문) 서울행정법원 2018.01.05 2017구합63900
국가유공자유족비해당결정취소
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. Article 2 Subparag. 2(a), and Articles 3 and 5(1)7 of the Act on Assistance to Patients, etc. of Actual aftereffects of defoliants and Establishment of Related Associations (hereinafter “Act on Assistance to Patients, etc. of Actual aftereffects of defoliants”) defines persons, among Vietnam Wared and discharged, who suffered from certain diseases, including lung cancer, as patients registered as patients suffering from actual aftereffects of defoliants (Article 2 Subparag. 2(a), Article 3, and Article 5(1)7 of the Act on Assistance to Patients, etc. of Actual aftereffects of defoliants). The Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons,

(see Article 8 of the Act on Support for Patients, etc. of Actual aftereffects of defoliants)

B was registered as a soldier in Vietnam War in around 1965 and was later registered as a soldier and a person of distinguished service to the State.

C. On November 5, 2015, B, as a result of a computer screen (comed toney, CT) conducted by the Red Cross Hospital in Seoul on the Red Cross on November 5, 2015, there was a discovery of 3.9cm in diameter on the chest, and there was a possibility of pulmonary cancer. However, it was not determined whether waste cancer was waste cancer through organizational inspection, etc.

On September 19, 2016, the Plaintiff, a spouse of B and B, asserted that B suffered from lung cancer listed as one of actual aftereffects of defoliants under the Act on Support for Patients, etc. of Actual aftereffects of defoliants, and filed an application with the Defendant for the registration of B as a patient suffering from actual aftereffects of defoliants, and died at the Seoul Red Cross Hospital on October 13, 2016.

The doctor of the above hospital who diagnosed the death of B stated the death in the death diagnosis as “the organ of the nomenclature or the malicious life of the waste” as the cause of death.

E. Meanwhile, the defendant did not undergo organizational inspection on the application filed for registration of patients suffering from actual aftereffects of defoliants between B and the plaintiff.

(1) shall be accompanied by the entry in the subsection (1).

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