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(영문) 인천지방법원 2016.08.23 2015구단964

고엽제후유증환자등급판정처분취소

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. The plaintiff was discharged from military service on June 30, 1967 after he participated in Vietnam from July 1, 1968 to June 25, 1969 while serving in the Navy on June 30, 1967.

B. The Plaintiff filed an application for registration of patients suffering from actual aftereffects of defoliants with the Defendant, and recognized the “heremic heart disease (hereinafter “the instant disease”) as actual aftereffects of defoliants. On April 14, 2014, the Defendant rendered a disposition on August 27, 2014 on the ground that, based on the results of physical examination conducted by the Central Veterans Hospital, the Board of Patriots and Veterans deliberated and decided on April 14, 2014, the Plaintiff did not meet the grading standards on the ground that there was no merger objection regarding the instant disease (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an appeal with the Central Administrative Appeals Commission on November 25, 2014, but was dismissed on April 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion continues to perform drug treatment through the extension of the treatment until now after receiving the internal arbitration on July 18, 2013 due to the instant difference. Article 14 [Attachment 3] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on Persons, etc.”) and Article 8-3 [Attachment 4] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, and Article 8-3 of the Enforcement Rule of the Act on Persons, etc. of Distinguished Service to the State, constitutes a disability rating of Grade 6-6(2)5108, which constitutes “a person in need of drug treatment after undergoing internal arbitration due to the toxic blood heart disease,” but is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. (1) The Plaintiff’s diagnosis name of the doctor (the Medical Service Foundation of the Humanistic Medical Service Foundation): Opinions on the existence, etc. of acute brupted Hemal Hemal Hemal Hemal Hemal Hemal Hemal Hemal Hemal Hemals and shemal hemal hemal hemal hemal hemals: 90% of the hemal hemal hemal hemal hemal hemal hemal hemal hemals