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(영문) 창원지방법원 2016.09.27 2016구합61

국가유공자 재판정처분 취소

Text

1. On November 9, 2015, the Defendant’s disposition of merit rendered to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On September 29, 1970, the Plaintiff entered the Army, and was discharged from military service on August 9, 1973 after the Vietnam War from May 22, 1971 to April 22, 1972.

B. Upon filing an application for registration of a patient suffering from defoliants with the Defendant, the Plaintiff was registered and determined as a patient suffering from actual aftereffects of defoliants. On April 14, 2008, as a result of the physical examination for classification of disability rating and disability ratings, the Plaintiff received disability rating under class 7 201 with respect to the urology urcology urcology urcology (urcology urcology urcology urology) from the

C. On November 15, 2010, the Plaintiff filed an application for a reclassification physical examination with the Defendant. On November 15, 2010, the Defendant notified the Plaintiff of the results of the reclassification physical examination that it constitutes a disability rating of class 7 and class 201.

On May 17, 2012, the lower court rendered a judgment dismissing the Plaintiff’s claim on May 17, 2012, which became final and conclusive through the appellate court and the final appeal court.

On May 6, 2015, the Plaintiff filed an application for a re-trial physical examination with the Defendant on May 6, 2015, and the doctor of Busan Veterans Hospital presented his opinion that the Plaintiff’s both eye (Correction) falls under 0.04, and that the Plaintiff’s ability constitutes 6th class 1114 of the disability rating due to the influoral dynasium’s dynasium and the chilling of cynasium and the cynasium’s cynasium and 0.5th class of the other eye.

On November 9, 2015, after deliberation and resolution by the Board of Patriots and Veterans Entitlement, the Defendant notified the result of the re-examination of persons of distinguished service to the State that the Plaintiff’s disease (urology) constitutes class VII 1117 (urology urology urology urology urology urology urology urology

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 6, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion.