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(영문) 광주고등법원 2019.07.25 2019누10657
상이사망인정거부처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of the deceased B (hereinafter “the deceased”), and on April 18, 2012, the deceased was determined as having been in line with class 7 and registered as a person of distinguished service to the State (hereinafter “the deceased’s disease”), who is actual aftereffects of defoliants, as stipulated in the Act on Assistance to Patients from Actual or Potential Affected, and Establishment of Related Associations (amended by Act No. 13605, Dec. 22, 2015; hereinafter “HA”), as actual aftereffects of defoliants (hereinafter “instant injury”).

B. On January 9, 2016, the Deceased was transferred to the emergency room of the Gwangju Veterans Hospital by means of symptoms among the acute symptoms occurred around 24:00. The Deceased was killed on January 15, 2016, after being transferred to the C Hospital as a result of the diagnosis, suspected of the closure of the listing stopculing.

C. The deceased’s death diagnosis report is written as follows: (The deceased’s death diagnosis report is written as a deceased’s blood certificate, a person holding an intermediary line: blood transfusion, a person holding an intermediary line, a person holding a pre-listed line, and the cause of a pre-listed line: a person holding a pre-listed line; a person holding a post

On May 30, 2016, the Plaintiff deemed that the direct death of the Deceased was caused by the “brupted heart” caused by the Hemical heart disease, an actual aftereffects of defoliants, while he/she was a person who was directly dead, and applied for the deliberation of the death of the cause of the injury (in lieu of the report on changes in the personal body).

E. However, on July 26, 2016, the Defendant’s closing of the Listing Maddong, which is the cause of the deceased’s death, was caused by “herical heart disease”

The deceased did not discover any opinion of aggravation or aggravation, and it did not verify specific and objective medical proof that he/she died due to the cause of “herthic heart disease”. As such, the deceased made a decision of non-eligible for the death of wounds on the ground that he/she does not constitute “the deceased who died due to the cause of injury” as prescribed by the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State

F. On October 20, 2016, the Plaintiff is dissatisfied with the administrative appeal to the Central Administrative Appeals Commission.

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