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(영문) 창원지방법원 2015.11.17 2014구합1848

고엽제후유(의)증환자비해당결정취소

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. On May 22, 1970, the Plaintiff participated in the Vietnam War from April 15, 1971 to March 19, 1972 and was discharged from military service on April 5, 1973.

B. On May 26, 2014, the Plaintiff filed an application for registration of potential aftereffects of defoliants with the Defendant, stating that “the Vietnam War was exposed to defoliants during the outbreak of skin disease,” but on June 20, 2014, the Plaintiff was determined as “non-specific opinion” with respect to the infection of which detailed identification is unknown as a result of the examination by the Busan Veterans Hospital (Imposition).

C. Accordingly, on September 1, 2014, the Defendant rendered a decision on the Plaintiff’s non-existence of potential aftereffects of defoliants as stipulated in Article 5 of the Act on Assistance to Patients from Actual or Potential Aggravated Diseases, Etc. and Establishment of Related Associations (hereinafter “HHA”) on the ground that “The Plaintiff’s detailed unknown infection as a result of the examination of a veterans hospital does not constitute potential aftereffects of defoliants.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence 6, Eul evidence 1 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Vietnam War was exposed to defoliants at the time of the Vietnam War, and the Plaintiff was registered as a patient suffering from high blood pressure at the time of suffering from defoliants, and since 2009, it is clear that the detailed and unexplosion occurred additionally, and that it was caused by defoliants.

Nevertheless, the Defendant’s disposition that the Plaintiff was not a patient suffering from potential aftereffects of defoliants was unlawful solely on the ground that no special opinion was found at the time of the veterans hospital examination.

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

C. 1) The Plaintiff, including the Plaintiff’s medical record, was treated ex officio from April 21, 201 to September 5, 2014 by her grandchildren, etc. in the B hospital, C hospital, D hospital, and Eburology hospital, etc., and received outpatient treatment from the Plaintiff due to her descendants’s non-training scarcitys, the red scarcitys of grandchildren, and the scarcitys of telegraphs. 2) Busan University Hospital.