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(영문) 대전고등법원 2014.11.27 2014누11821
고엽제후유증환자 유족등록 거부처분취소 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On October 17, 1968, the deceased B (Cre, hereinafter “the deceased”) was discharged from military service on September 25, 1971 by entering the Army as the Army Soldiers.

The Deceased was in Vietnam War on December 26, 1969 to December 1, 1970.

B. On December 24, 2007, the Deceased filed an application for registration of actual aftereffects of defoliants and potential aftereffects of defoliants with the Defendant on the ground of high blood pressure, urology, and cliology, but on April 3, 2008, the Defendant determined that the deceased fell short of the grade criteria respectively with respect to the disease suffering from actual aftereffects of defoliants, high blood pressure from actual aftereffects of defoliants, and toxic blood transfusion.

C. On April 15, 2009, the Deceased died at the Daejeon Estol University Hospital, and the reason for the death of the death certificate issued by the said hospital on January 8, 2013 is indicated as the intermediate event as the “stomical color certificate.”

On January 14, 2013, the Plaintiff, the deceased’s spouse, filed an application for registration of bereaved family members of patients suffering from actual aftereffects of defoliants to the Defendant on the ground that “the deceased died in a serious background.”

E. On July 30, 2013, the Board of Patriots and Veterans Entitlement deliberated and resolved on “the deceased who does not meet the requirements under Article 8(1) of the Act on Assistance to Patients from Actual or Potential Aggravated Diseases, Etc. and Establishment of Related Associations.” Accordingly, on August 20, 2013, the Defendant issued a notification to the Plaintiff on the ground that “the deceased was dead due to a herthmal heart disease, specific and objective medical data are not verified” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, 2, 6 evidence, Eul 1, 4, 5, 7 through 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) From the discharge to the discharge, the Deceased contracted urine disease, her Hemal heart disease, and high blood pressure, potential aftereffects of defoliants, and was treated, and was caused directly and indirectly by them, and was caused by the Defendant’s request for medical examination.

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