(영문) 창원지방법원 2014.04.15 2013구합1643

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(영문) 창원지방법원 2014.04.15 2013구합1643

비상이사망결정통보처분취소

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1. The Defendant’s decision on death of an emergency shall be revoked on April 8, 2013.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. B(C) entered the Navy on July 7, 1969, and discharged from the military service on February 29, 1972. B (C) on July 30, 1970, and entered the Vietnam War, from July 30, 1970 to August 10, 1971, B was registered as a person of distinguished service to the State on April 19, 2006, with the physical examination conducted at the Busan Veterans Hospital, where the urology, a disease suffering from actual aftereffects of defoliants, was recognized as a disease suffering from actual aftereffects of defoliants, and was registered as a person of distinguished service to the State.

3) From 2003 to 2003, B had been receiving treatment of human sulgin urine-sulgynosis accompanied by human urine disease, sulgin sulgynosis-her sulgynosis, and other detailed dysulgn sulgnosis together, and received treatment of sulgrosis from around 2008. B’s death B was killed on December 13, 2012, when the head was hospitalized in an emergency room after the sulgn sulging the sulgn, and after being hospitalized in the emergency room (hereinafter “the deceased”).

(C) The death diagnosis document states that “direct private persons are “pathosome shocks, middle pre-satissis, acute renals, and pre-saturology.” (c) The Defendant’s instant disposition against the Plaintiff’s death recognition application for Grade 6 injury to the Deceased is the deceased’s spouse, and the Plaintiff, as the deceased’s spouse on January 8, 2013, submitted a written report on his/her change of status and a written statement of death, and applied for recognition of the death of Grade 6 injury to the deceased.

2) On April 8, 2013, the Defendant rendered a ruling that “The deceased does not constitute “the deceased who died as a cause of injury” under Article 12(3) of the former Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (amended by Act No. 11041, Sept. 15, 201) on the ground that there was no objective evidence to prove that the deceased died of urology or due to the combination thereof (hereinafter “instant disposition”).

(1) 【A dispute on the grounds of recognition.’

참조조문

-국가유공자 등 예우 및 지원에 관한 법률 제12조 제3항

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