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(영문) 서울고등법원 2016.10.06 2014누8072

고엽제후유증의환자등록거부처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Details of the disposition

On October 13, 1970, the Plaintiff participated in the Vietnam War from April 26, 1972 to February 20, 1973 and was discharged from military service on August 30, 1973.

On April 14, 2011, the Plaintiff, while serving in Vietnam War, filed an application for registration of potential aftereffects of defoliants (hereinafter “instant wounds”) with the Defendant on the ground that he suffered from potential aftereffects of defoliants (hereinafter “instant wounds”). However, on September 7, 2011, the Defendant rendered a disposition rejecting the registration of patients suffering from potential aftereffects of defoliants (hereinafter “instant disposition”) on the ground that the Plaintiff did not have special characteristics in the MRI, and that there was an occurrence after the closure of the medical history.

C. The Plaintiff filed an administrative appeal against the instant disposition on September 19, 201, but was dismissed on March 20, 2012.

【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the overall disposition of evidence Nos. 6 and 7, and the purport of the entire pleadings was lawful, and the instant difference occurred due to legacy after having participated in Vietnam but discharged the Vietnam War. Thus, the Defendant’s disposition of this case on different premise is unlawful.

The details of the relevant statutes are as shown in the attached statutes.

Judgment

According to Article 2 subparags. 2 and 3, and Article 5(2), (4), and (6) of the former Act on Assistance, etc. to Patients suffering from Actual or Potential aftereffects of defoliants (amended by Act No. 11203, Jan. 17, 2012; hereinafter “the former Act”), where a person discharged from active service or retired from military service after serving as a soldier or a civilian military employee in the Vietnam War in the area where defoliants was sprayed during the Vietnam War during the period from July 18, 1964 to March 23, 1973, suffers from a disease that falls under any of the subparagraphs of Article 5(2), the disease in question: (i) the disease in question was found to have occurred in connection with the state of defoliants or the development; (ii) the disease that was found to have occurred before the military service; and (iii) the disease arising from external wounds; and (iv) the cause of the disease in the clinical process.