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(영문) 의정부지방법원 2017.11.29 2014구단5772

고엽제후유증환자등급판정처분 취소

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 June 27, 1969, the plaintiff was discharged from military service on May 26, 1972 after he served in the Vietnam War.

B. On November 20, 2012, the Plaintiff filed an application for additional disease with a patient suffering from actual aftereffects of defoliants on the ground of the rapy examination (hereinafter “instant injury”) and was recognized as an additional disease suffering from actual aftereffects of defoliants. However, on February 21, 2013 at the Central Veterans Hospital, the Plaintiff received a judgment below the rating on the ground that there was no verification of merger in the physical examination and the reexamination on July 11, 2013 at the Central Veterans Hospital, and on December 10, 2013, the Defendant rendered a disposition to grade the patient suffering from actual aftereffects of defoliants (hereinafter “instant disposition”) with the purport that the Plaintiff falls short of the rating criteria.

C. On January 8, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on June 24, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the instant case’s injury had been recognized as additional disease and continued to perform drug treatment after having re-exploitation and luxation after having been conducted on March 2013. The instant injury constitutes a disability rating under Paragraph 6(2) 5108 of Paragraph 2 of the same Article, which is the “persons who need drug treatment after having been conducted internal medicine arbitration due to her sexual heart disease,” as prescribed by Article 14 [Attachment 3] of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter “Act on Persons, etc. of Distinguished Service to the State”), and Article 8-3 [Attachment Table 4] of the Enforcement Rule of the Act on Persons, etc. of Distinguished Service to the State. However, the instant disposition that otherwise fell short of the grade standard is unlawful

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

C. (1) Determination is based on: (a) Registration as a patient suffering from actual aftereffects of defoliants and Act on Assistance to Patients suffering from Actual aftereffects of defoliants and Establishment of Related Associations; and (b) 'Special Act on

The provisions of paragraph (1) of Article 6.