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(영문) 부산고등법원 2020.01.15 2019누23784

고엽제후유(의)증환자등록신청법적용비대상

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. In light of the Plaintiff’s assertion and the grounds for appeal cited in the judgment of the court of first instance, a thorough examination of the evidence submitted in the court of first instance and the court of appeal, we affirm the fact-finding and judgment of the court of first instance that the disposition of this case cannot be deemed to violate the principle of trust protection and proportionality, and therefore, it cannot be deemed that the disposition of this case is a deviation or abuse of the discretion of the disposition authority.

The reasons why this court should be explained are as follows: “E. Meanwhile, the Board of Patriots and Veterans Entitlement reviewed the application for registration of patients suffering from actual aftereffects of defoliants pursuant to Article 4(1)10 and (5) and Article 79(3) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), “the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” of the same section 13, “Article 79(1)3 (c) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State,” and “Article 79(1)3 (c) of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State,” and “Article 5(1)17 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State” is as follows.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.