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(영문) 부산지방법원 2015.07.01 2015구단20583
고엽제후유증환자 유족비대상결정처분취소
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 July 27, 1965, the deceased’s spouse B (hereinafter “the deceased”) entered the Army and participated in Vietnam from April 18, 1967 to April 10, 1968 and died on April 28, 1982.

B. On July 16, 2014, the Plaintiff asserted that the deceased died of a her toxical heart disease, and filed an application for the registration of bereaved family members of patients suffering from actual aftereffects of defoliants pursuant to Article 8(1) of the Act on Support for Patients Affected by Aggravated Injury, Etc. (hereinafter “Act”).

C. As a result of the deliberation of the Board of Patriots and Veterans Entitlement, it decided that the deceased was not subject to legal application on the ground that specific and objective medical data were not verified that the deceased died due to a brudial heart disease. On November 13, 2014, the Defendant issued a notice to the Plaintiff on the ground that “the deceased cannot be deemed as having died of a brudial heart disease” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 2 to 4, Eul evidence 1 to 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased died of an acute fluence caused by a bruent heart disease, an actual aftereffects of defoliants, and thus, the Plaintiff constitutes the bereaved family members of the patients suffering from actual aftereffects of defoliants under Article 8(1)1 of the Act, but the instant disposition that the Plaintiff refused to register as the bereaved family members of the patients suffering from actual aftereffects of defoliants on different premise is unlawful

B. Article 8(1) of the Act provides that a bereaved family member of a Vietnam War veteran who is recognized to have died of actual aftereffects of defoliants before being registered as a person subject to the above Act shall be deemed to be the bereaved family member of a soldier or policeman killed in action under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished

Therefore, in order to become a bereaved family member under Article 8 (1) of the Act, a Vietnam War veteran, etc.

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