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(영문) 서울고등법원 2015.06.25 2014누4469

고엽제 재심 장애등급결정처분 취소

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. Facts of recognition;

A. On December 20, 1952, the Plaintiff was enlisted as the Second Lieutenant of the Marine Corps of the Republic of Korea on December 20, 1952, and served in the Vietnam War and served on January 31, 1980 in the area where defoliants was sprayed, from May 19, 1970 to February 27, 1972. 2) thereafter, the Plaintiff was discharged from the military service on January 31, 1980. < Amended by Act No. 1, 2000; Act No. 17777, Dec. 2, 1952; Act No. 3378, Apr. 2, 1970; Act No. 3178, Apr. 2, 1980; Act No. 3077, Apr. 2, 2008>

3) On July 1, 2005, in order to prevent the narrow or narrow interference of the ornamental connection, the Plaintiff received a procedure of inserting the string (a device inserted into the blood line to prevent the narrow interference of the blood line) into the ornamental beer (a device in the shape of the body, which is fixed by inserting it into the blood line) on July 1, 2005.

B. Around October 2006, the registration of patients suffering from potential aftereffects of defoliants and the determination of disability ratings (Hudovascular disease) 1) the head of the Seoul Regional Veterans Administration around October 2006, the Plaintiff served as a soldier in the Vietnam War and served as a soldier in the area where defoliants was sprayed, and suffered from her Hescular disease, who was suffering from potential aftereffects of defoliants.

The former Act on Assistance, etc. to Patients suffering from Actual or Potential aftereffects of defoliants (amended by Act No. 11203, Jan. 17, 2012; hereinafter the same shall apply) on the ground of the same Act.

) 제2조 제3호, 제5조 제2항 제17호에 따라 원고를 고엽제후유의증환자로 등록하였다. ◆ 구「고엽제후유의증 환자지원 등에 관한 법률」 (2012. 1. 17. 법률 제11203호 고엽제후유의증 등 환자지원에...