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(영문) 대전지방법원 2017.11.23 2017구단287
국가유공자및보훈보상대상자요건비해당결정취소
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. On April 8, 1966, the Plaintiff entered the Army and discharged the Plaintiff from military service on March 22, 1969.

B. From July 3, 1967 to January 16, 1969, the Plaintiff participated in Vietnam War, and filed an application for registration of persons who have rendered distinguished services to the State with respect to the Defendant, alleging that legacy was caused by defoliants.

The Defendant: (a) deemed that the Plaintiff was suffering from urology due to defoliants; and (b) decided that the Plaintiff constitutes “be injured and wounded in action” as prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State; and (c) around 2002, determined that the Plaintiff’s disability

C. On October 25, 2016, the Plaintiff filed an application for recognition of additional status with the Defendant, stating that “The Vietnam War was exposed to defoliants at the time of the Vietnam War, living in the air affected by the concentration and spread of smoke coal and the sowing away, and the residents infected by soil disease at the time of support for the public, contacted the residents affected by the soil disease and caused tuberculosis (hereinafter “the instant injury”).”

On March 21, 2017, the Defendant rendered the instant disposition rejecting an application for recognition of the status of a person who was killed or wounded in action, soldier or policeman wounded in action or person wounded in action, or person wounded in action eligible for veteran’s compensation (disaster wounded in action) on the ground that it cannot be deemed that the “on the left side tuberculosis” upon which the Defendant filed an application for recognition of the status of an additional status cannot be deemed as having caused the occurrence or aggravation of the said additional causal link

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4 and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was suffering from tuberculosis infection during Vietnam War while suffering from tuberculosis germs, but he did not receive any treatment during the Vietnam War period, and received a diagnosis of pulmonary tuberculosis from a genetic public health clinic after discharge due to a lack of treatment. The plaintiff's claim continues to be bequeathed until now.

Therefore, this case.

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