beta
(영문) 춘천지방법원강릉지원 2016.02.18 2015구합272

상이등급결정취소

Text

1. On July 28, 2015, the part of the Defendant’s disposition of disability rating rendered to the Plaintiff pertaining to the Hemical heart disease.

Reasons

1. Details of the disposition;

A. On February 3, 1967, the Plaintiff entered the Army and discharged the Vietnam War from military service from military service on October 13, 1968 to May 4, 1970.

B. The Plaintiff was determined as wounded in action or potential aftereffects of defoliants and registered as a patient suffering from potential aftereffects of defoliants after having been determined at Grade 7 of the disability rating.

C. On July 12, 2014, the Plaintiff was administered with an scopic heart disease and scopic scopic scopic scopic scopic scopic in B Hospital.

On July 15, 2014, the Plaintiff filed an application for registration of a patient suffering from actual aftereffects of defoliants with the Defendant. On July 28, 2015, the Defendant conducted a physical examination for the determination with respect to the Plaintiff, and on July 28, 2015, determined that the Plaintiff’s urine disease “Class 7 grade 511” and “Class 7 grade 5115” are applicable to the Plaintiff’s urine disease recognized as actual aftereffects of defoliants.

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition】 【Nos. 1, 2, and 4, and No. 3, the purport of the entire pleadings and arguments

2. Whether the instant disposition is lawful

A. Under [Attachment 4] of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State”), the Plaintiff’s assertion that he/she should determine his/her disability rating when he/she undergoes an internal arbitration operation due to her He/shedic heart disease, and the Plaintiff was subject to an internal arbitration operation due to herphical heart disease, thereby falling under class 6(2).

Since the part of the instant disposition with respect to the Hemal heart disease is different from that of this case, it is unlawful.

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

C. (1) The Plaintiff, as a patient suffering from potential aftereffects of defoliants, was judged at Grade 7 of the disability rating and was subject to pharmacologic treatment after being judged as 'domination on high blood pressure' on July 12, 2014. As a result of the Plaintiff’s implementation of meconium surgery in an emergency from the hospital B with plebrocon, 95% of the meconium abandonment was shown to be 95% of the meconium on the same day.