상이등급결정취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On August 13, 1971, the Plaintiff entered the Army and participated in the Vietnam War on June 18, 1972, and was discharged from military service on June 6, 1974.
B. On August 26, 2015, the Plaintiff was determined to be eligible for support for patients suffering from actual aftereffects of defoliants, etc. and establishment of related associations by filing an application for registration of patients suffering from actual aftereffects of defoliants. As a result of the physical examination, the Plaintiff was determined on April 14, 2016 (hereinafter “instant disposition”).
[Ground for recognition] Unsatisfy
2. Determination on the legitimacy of the disposition
A. The plaintiff's assertion is that the plaintiff is currently unable to lead a normal life due to the current Hemal heart disease, and at least Grade 6 Paragraph 2 of this case's disposition, which has been judged differently, should be revoked as unlawful.
B. Determination of disability ratings by physical parts of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Enforcement Rule of the Act”) [Attachment 4] (Related to Article 8-3]
5. Disability, such as chest clothes and organs;
(b) A person who has lost his/her ability to work for at least 1/2 of the average person on average due to a disability, such as a disability in the contents of disability rating, chest-and long-term, etc., and who has lost his/her ability to work for at least 5106/2 of the average person on average due to a disability in class 5, chest-and long-term disability, and falls under any of the following persons (8) a person who falls under any of the following subparagraphs due to a He/shedne heart disease) and cannot perform an operation only because he/she is in need of cardio-wincoper arbitration or ornamental becopercopic surgery, and who has undergone an cardio-highopercopic surgery or ornamental becopic becopic surgery at least 40 percent from a cardio-highoper examination conducted after treatment for at least six months, and falls under any of the following persons: