logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.09.19 2013구단100523
고엽제후유증환자 유족등록 거부처분취소 청구의 소
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 October 17, 1968, the deceased B (Cre, hereinafter “the deceased”) was discharged from military service on September 25, 1971 by entering the Army as the Army Soldiers.

The Deceased was in Vietnam War on December 26, 1969 to December 1, 1970.

B. On December 24, 2007, the Deceased filed an application for registration of actual aftereffects of defoliants and potential aftereffects of defoliants with the Defendant on the ground of high blood pressure, urology, and cliology. On April 3, 2008, the Defendant rendered to the Deceased the determination that the deceased fell short of the classification criteria for actual aftereffects of defoliants, high blood pressure of potential aftereffects of defoliants, and toxic blood transfusion.

C. On April 15, 2009, the Deceased died at the Daejeon Alver University Hospital.

The reason for the death of the certificate of death issued by the Dong hospital is "Sechopathical fluence".

On January 14, 2013, the Plaintiff, the deceased’s spouse, filed an application for registration of bereaved family members of patients suffering from actual aftereffects of defoliants with the Defendant on the ground that “the deceased died in a serious background.”

E. On August 20, 2013, the Defendant issued a rejection disposition against the Plaintiff on the ground that “the specific and objective medical data that the deceased died of a her hovas heart disease is not verifiable” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap 1, 2, 6 evidence, Eul 1, 5, 7 through 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has been receiving treatment from actual aftereffects of defoliants, her Hemal heart disease, and high blood pressure, suffering from potential aftereffects of defoliants after discharge.

Since the Deceased’s life was caused directly and indirectly by urology and herthic heart disease, which is actual aftereffects of defoliants, and was caused by her death, the instant disposition was unlawful on a different premise.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. According to the statements in the evidence Nos. 3 and 4, the deceased's statements are as follows: 3 times from March 7, 2005 to May 27, 2005, 3 times from a medical institution; 4 from January 2, 2006 to September 1, 2007.

arrow