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(영문) 부산지방법원 2013.11.29 2013구합674
고엽제후유증전환허열성심장질환유족비대상결정취소
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. A. From November 1, 1965 to December 10, 1966, the Plaintiff’s husband, entered the Vietnam War. On July 26, 2000, pursuant to the provisions of the Act on Assistance, etc. to Patients suffering from Actual or Potential Diseases, the Plaintiff’s husband (hereinafter “the deceased”) was determined as a patient suffering from potential aftereffects of defoliants by suffering from high blood pressure and cerebrovascular infection. On September 21, 2005, as a result of the disability rating review on disability rating, the Plaintiff died on May 18, 2010.

B. On June 7, 2012, the Plaintiff asserted that the deceased died of an actual aftereffects of defoliants as a her bereaved family member, and filed an application for registration of bereaved family members of the patients suffering from actual aftereffects of defoliants. However, on January 3, 2013, the Defendant rendered a decision on the eligibility of bereaved family members of the her actual aftereffects of defoliants (hereinafter “instant disposition”) on the ground that specific and objective data were not verified that the deceased died of the her chronic heart disease.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that ① the direct cause of death of the deceased was caused by a cardiopulmonary fluor, and in light of the fact that there is clinical fluorial fluorial fluoral disease, the deceased appears to have been suffering from the her actual aftereffects of defoliants at the time of his/her death, ② the deceased had been suffering from the her actual aftereffects of defoliants since long, and ② the deceased had been suffering from the her chronic emeric emeric emeric emeric emeric emerc emeric emeric emerc emerc emeric emerc emeric emerc emeric emerc emeric emer

As such, it is reasonable to view that the Deceased died from the Hemson’s Hemson’s disease, which is actual aftereffects of defoliants.

Therefore, the defendant's disposition of this case on different premise is taken.

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