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(영문) 부산고등법원 2015.06.12 2014누22373
유족신청비대상결정처분취소
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. The issues of this case and the judgment of the court of first instance

A. The key issue of the instant case asserted that the Plaintiff died of the deceased (hereinafter referred to as “the deceased”) due to the toxic heart disease, and filed an application for registration of bereaved family members of the patients suffering from actual aftereffects of defoliants under Article 8(1) of the Act on Assistance to Patients from Actual aftereffects of defoliants, Etc. and Establishment of Related Associations (hereinafter “the Act on Assistance to Patients from Actual aftereffects of defoliants”). On September 30, 2013, the Defendant issued a disposition of refusal to register the bereaved family members of the deceased patients suffering from actual aftereffects of defoliants (hereinafter “instant disposition”). Article 8(1) of the Act on Support for Patients from Actual aftereffects of defoliants provides that the bereaved family members of a person recognized as having died of actual aftereffects of defoliants before being registered as the bereaved family members of the persons who participated in the Vietnam War and were subject to the Act on Support for Patients from Actual aftereffects of defoliants shall be deemed to have been the bereaved family members of the persons who died from actual aftereffects of defoliants under the Act on Persons of Distinguished Services to the State.

The direct death of the deceased is “comprehion of brain by acute cerebral cerebral cerebral cerebrovascular,” and the preceding death is “emergency cerebral cerebriform.” The key issue of the instant case is whether the deceased suffered from the Hemical heart disease ( actual aftereffects of defoliants under Article 5(1)17 of the High School Support Act), etc. caused acute cerebral cerebral cerebral cerebriform, etc., and whether the deceased died of actual aftereffects of defoliants.

B. The judgment of the court of first instance at the court of first instance at the court: (a) the heart disorder caused by various causes, and (b) the heart disorder between the heart and the core room, causing abnormal disorder in its original function to maintain the flow of blood in the heart in a certain direction; and (c) the heart disorder that supplies the heart with nutrition and oxygen in the heart itself through the supply of blood in the heart, and the supply of blood in the heart is narrow or narrow so that the supply of blood in the heart is not sufficient to the heart.

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