고엽제후유(의)증환자비해당결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 4, 1966, the Plaintiff entered the Gun and discharged the Vietnam War on August 31, 1968.
B. On September 7, 2006, the Plaintiff, upon the implementation of the Human Content insertion, filed an application for registration of a patient suffering from defoliants (hereinafter “the instant injury”) on the ground of the Hemical heart disease (hereinafter “the instant injury”). The Plaintiff was registered as a patient suffering from defoliants upon the Defendant’s determination of the degree of her symptoms.
C. On the other hand, the Defendant refers to the Act on Assistance to Patients suffering from Actual or Potential Diseases and Establishment of Related Associations.
(B) If the Plaintiff’s disability rating falls under class 702 prescribed in attached Table 3 of the Enforcement Decree 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 of Distinguished Services to the State”), the instant disability, which was an actual aftereffects of defoliants, was stipulated as actual aftereffects of defoliants, (including the amended Act by Act No. 11556, Dec. 18, 2012; and (d) determined that the Plaintiff’s disability rating falls under class 702 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.
On March 3, 2014, the Plaintiff applied for a re-determination for the instant injury and received a physical examination at the Busan Veterans Hospital. On July 22, 2014, the Defendant changed the instant disability rating to Grade 7-702 at Grade 7, Grade 5111, based on the amendment of the Enforcement Decree of the Act on Persons, etc. of Distinguished Services to the State, which was the same as that of the previous physical examination, on the ground that it is possible to treat the Plaintiff only by means of drugs or scopical expansion rather than scopic treatment.
and notify the result of the determination.
(hereinafter referred to as "disposition of this case"). 【No dispute exists, Gap evidence Nos. 1, 3, 4, and 6, Gap evidence No. 7-1, 2, Gap evidence No. 8, Gap evidence No. 17-1, and 2, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is different from the case of this case, actual aftereffects of defoliants.