2015Gudan20590 Revocation of non-eligible decision for bereaved family members of patients suffering from actual aftereffects of defoliants

A person shall be appointed.

The Commissioner of Busan Regional Veterans Administration

October 21, 2015

November 18, 2015

1. The Defendant’s decision against the Plaintiff on January 12, 2014 as to the non-existence of the bereaved family members suffering from actual aftereffects of defoliants shall be revoked.

2. The costs of the lawsuit shall be borne by the defendant.

The order is as set forth in the text.

1. Details of the disposition;

A. On November 27, 1965, the Plaintiff’s husband B (hereinafter referred to as “the Deceased”) entered the Gun and discharged from military service during the Vietnam War from February 3, 1968 to April 25, 196.

B. After having been recognized as having been suffering from potential aftereffects of defoliants A, the deceased was determined as having been "pulse potential aftereffects of defoliants (pulmic heart disease)" as a result of the physical examination conducted by the Busan Veterans Hospital as a result of the disability classification conducted by the relevant Busan Veterans Hospital, and died on January 8, 2005.

C. The former Act on Assistance to Patients, Etc., as amended after the Deceased’s Death (amended by Act No. 112, Dec. 2, 2012)

21. When the He was found to be suffering from actual aftereffects of defoliants under the Act prior to amendment by Act No. 11600, hereinafter referred to as the "Act on defoliants"), the Plaintiff suffered from a Hemal heart disease (hereinafter referred to as the "the instant wound") in the Vietnam War and applied for registration of bereaved family members of patients suffering from actual aftereffects of defoliants under Article 8(1) of the Act on the ground that the deceased died of the instant wound on January 8, 2005.

D. Accordingly, on December 10, 2014, the Defendant rendered a decision on the non-determination of the bereaved family members suffering from actual aftereffects of defoliants (hereinafter “instant disposition”) on the ground that “The specific and objective medical data that the deceased died due to her her hovascular disease is not verified” in accordance with the deliberation and resolution of the Board of Patriots and Veterans Entitlement.

AB made it.

2. Whether the disposition of this case is lawful

A. The plaintiff's assertion

Since the deceased died due to the cardio-cerebral heart disease, an actual aftereffects of defoliants, the Plaintiff constitutes the bereaved family members of the patients suffering from actual aftereffects of defoliants as prescribed by the defoliant Act, the Defendant’s disposition of this case on a different premise is unlawful.

(b) Related statutes;

As shown in the attached Form.

(c) Medical opinions1) On January 8, 2005, a medical certificate of death of a person;

- Type of death: Soldiers;

- Cause of death: Records of the entry into, and discharge from, a university hospital of East Asia, in direct death presumption 2)

- Final diagnosis: Madle-type colony

- In November 2001, the Deceased was a patient whose normal judgment was made under the cardio-fluenculous examination by using a fluoral fluoral fluoral fluoral fluorry in the main body of the deceased in the central body of November 2001. On March 14, 2002, the Deceased was released from a prosecutor who was carried out with a plebruc fluor in the main body of the deceased, and was suspected of a cardio-fluorial flusium was discharged from the prosecutor who was carried out with a plebruc fluor in the main body of the deceased. On March 14, 2002, the Deceased visited the emergency room due to serious respiratory difficulties during which he was carrying out pharmacologic after visiting the emergency room, as a result of the heart examination,

- Corercing and beer operations on December 3, 2001: Normal conditions

- In-depth test on March 19, 2002: 59% of the coefficient of in-depth confinement, 59% of the middle of the post-building, and a severe physical reduction in side walls from the middle to the bottom.

- - Corercly operated on March 202, 200: Normal circumstances

- Government Macam Macam Macam on March 25, 2002: A diagnosis letter on December 11, 2001 at East University Hospital Macam Macam Macam Macam Macam test, Spas tests - MRCA & diffuse LCA 50 to 70% Macam Macam Macam 3)

- Sick: Morse Morse Morse Morse (Grain composition)

- Notification of the results of the examination of patients suffering from potential aftereffects of defoliants, etc. on February 19, 202, 2002

- The name of the applied disease: the cardiopulmonary color certificate;

- Opinions: Opinions on the in-depth background of the heart;

- Sick name: 5 Maternal heart disease) Busan Veterans Hospital on February 26, 2002

- Opinions on interference with the exercise of national walls at the beginning of the Simpha University Hospital of East Asia

-the name of disease: Hedic heart disease;

- Degree of disability: First Instance 6) Written opinion on June 4, 2004 at the East Asian University Hospital

- Notification of the results of the examination of patients suffering from potential aftereffects of defoliants on July 18, 2014

- The name of the applicant diseases: Hemovascular disease (bereaved family members);

- Opinions: Madern type of compromise

- Soldiers: Results of commissioning the evaluation of medical records to the head of the High School Uniforms Hospital at the High School of this Court;

- It is determined that the accurate cause of the deceased's death immediately before the death in January 2005 can be known through autopsy. However, in any cause, it is thought that the deceased's blood breath or might have been the highest possibility of the heart function due to misappropriation, etc. - The reason why the deceased's normal judgment was issued in the ornamental bed with a cardio-fluorial fluorial fluorial fluorcing and being diagnosed with a cardio-fluorial fluorial fluorial fluorcing may be a case where the deceased's temporary fluorial fluoral fluoral fluoral fluor is unflu

- It can be inferred that the deceased determined by taking into account the overall condition of the deceased at the time of receiving the determination of disability due to the Hemical disease at the Busan Veterans Hospital on February 19, 2002, including the overall condition of the deceased and the opinion on the cardiomphyphism. It is thought that the deceased diagnosed as a disability by taking into account the clinical aspects and various inspection opinions of the deceased, but there is no document attached to the accurate criteria at present.

- In light of the deceased's medical history, there is a possibility of in-depth coloring, and there are the most serious cases of in-depth funerals when the deceased died suddenly, so it is thought that the person directly in the death report of the deceased was written in in-depth coloring.

- The accurate trend about the deceased's death due to herthic heart disease is considered to be possible only through the autopsy. However, in the case of the deceased's own death, the deceased's death is most likely to have died due to herthic heart disease, and it is determined that the deceased's death due to herthic heart disease is highly likely to have died due to herthic heart disease 9) by fact-finding on the head of the High University Hospital at

- In the event that he/she has received treatment due to a He/shedic heart disease in the previous medical history, he/she is highly likely to die due to a He/shedic heart disease;

- Ssas test - MRCA & 46use LCA 50 to 70% can be judged to have a bottled, but can be seen as having overall blood transfusion reduction. It is not reduced compared with normal figures of 100%.

- A method of using the greatest number of ornamental beer, but there are cases where hemopic heart diseases are not diagnosed even through an ornamental beercopic beercopic beer.

[Grounds for Recognition] The absence of dispute, entry of Gap evidence No. 5, the result of the entrustment of the examination of medical records to the head of the High University Uniform Hospital at the High University at the High Court and the fact-finding results, the purport of the whole

D. Determination

1) Article 8(1) of the defoliant Act provides that bereaved family members of a Vietnam War veteran who are recognized to have died of actual aftereffects of defoliants prior to the registration of a person eligible for the application of the aforementioned Act shall be deemed to be the bereaved family members of a soldier or policeman killed in actual aftereffects of defoliants under the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State. Therefore, in order to become a bereaved family member under Article 8(1) of the defoliant Act, the causal relationship between actual aftereffects of defoliants and the death of a veteran in Vietnam should be recognized. However, such causal relationship must be proved if there is a proximate causal relationship between actual aftereffects of defoliants and the death of a veteran of defoliants, considering various circumstances, rather than

2) As to the instant case, comprehensively taking account of the following circumstances revealed by adding up the aforementioned facts and the overall purport of the evidence duly admitted and the evidence duly admitted, it can be found that there is a proximate causal relationship between the Hemical disease of the deceased who is actual aftereffects of defoliants and the death of the deceased.

0 At the time of February 26, 2002, the Deceased was judged as having been in the middle of the physical examination in relation to the toxical heart diseases caused by potential aftereffects of defoliants.

○ The Deceased showed an overall blood ties from Sscarm Te, compared to normal figures, and was exposed to the risk of death due to herphical heart disease, such as 59% of the cardio-high wave from the heart to the heart, 59% of the cardio-high wave test from the middle of the back wall to the lower body, and the severe physical decrease in the side wall from the middle to the lower body.

In light of the medical view that: (a) the ○○ death report includes the presumption of cardiopulmonary color on the deceased’s direct death; and (b) there is a possibility of cardiopulmonary color when considering the disease of the deceased; and (c) there is a medical view that there is a possibility of the death of the deceased due to any cause, such as the blood breath of the heart, or that there is a high possibility of the death of the deceased due to any malfunction in the heart function due to misappropriation, it is difficult to deny

○○ The Deceased was diagnosed with a heart color and was judged as a normal result of the implementation of an ornamental beercing surgery. However, even if it is abnormal in the heart, there is a temporary closure in the heart, or it may occur due to a cause for the heart or the heart itself. As such, it is difficult to deem that there is no relationship between the Deceased’s Hemal heart disease and the death immediately due to the foregoing circumstance.

3) Therefore, the Defendant’s disposition of this case on a different premise is unlawful, and the Plaintiff’s assertion is with merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.

Warrant of Judge

A person shall be appointed.