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(영문) 수원지방법원 2019.08.23 2019구단7113
고엽제 후유증 환자 유족 등록거부처분 취소 청구
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 January 10, 1972, the Plaintiff’s husband B entered the Korea Army Academy at Army on January 10, 1972, and was transferred to the Army on December 21, 1973, and was discharged from military service on June 30, 1993.

Since then, B suffered from diversous diversative species, etc. on May 3, 2018.

(hereinafter referred to as “the deceased”). B

The Plaintiff asserted that the deceased constituted actual aftereffects of defoliants pursuant to the former Act on Assistance to Patients suffering from Actual or Potential Aggravated Diseases, Etc. and Establishment of Related Associations (amended by Act No. 16090, Dec. 24, 2018; hereinafter “the former Act”). On December 28, 2018, the Plaintiff filed an application for registration with the Defendant as a bereaved family member of a patient suffering from actual aftereffects of defoliants on December 28, 2018.

C. On January 21, 2019, the Defendant notified the Plaintiff of the decision to dismiss the application for registration on the ground that the deceased did not serve in an area adjoining the Southern Limit Line and did not constitute a patient suffering from actual aftereffects of defoliants on the ground that “from October 9, 1967 to January 31, 1972,” as stipulated in Article 2 Subparag. 2(b) of the defoliant Act.

A. [The fact that there is no dispute over the basis for recognition, Gap evidence 2-1, Gap evidence 3, 12, and 13, Eul evidence 3, the purport of the whole pleadings and arguments.

2. Whether the instant disposition is lawful

A. As part of the education of officers of the Korea Army Academy at Army, the deceased asserted that he had served as the 20th Army C commander in the Army as a part of the education of officers of the Korea Army at Army. From June 1973 to June 2, 1973, the deceased performed a project to supervise the spread of the sprinkes, such as the Ma New Zealand, in the vicinity of the Southern Limit Line C, and around March to September 1974, the deceased served as the small commander in the 7th Army Group C, and used water flowing into the spraying area for the purpose of planting and cooking the sprinkes of the sprinkes for about 40 days each year.

Since then, the deceased discharged from military service due to the afterma New Zealand, etc. that had contacted with the deceased during military service, such as multi-diveralone type, type II urology, high blood pressure, and brain stroke.

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