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(영문) 의정부지방법원 2017.11.29 2014구단5505

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. The Plaintiff entered the military on August 23, 1969 and was discharged from actual service on July 31, 1994 in the area where defoliants was sprayed in Korea from April 3, 1969 to August 13, 1970.

B. On June 21, 2012, the Plaintiff: (a) registered as a patient suffering from actual aftereffects of defoliants on the basis of “high blood pressure and blood transfusion”; and (b) applied for an additional disease on August 31, 2012 as a patient suffering from actual aftereffects of defoliants; and (c) recognized as a patient suffering from actual aftereffects of defoliants on the ground that he/she was found to have been suffering from actual aftereffects of defoliants. On May 3, 2013, the Plaintiff received the disability grade determination and new physical examination conducted by the Central Veterans Hospital on May 3, 2013; and (d) was determined below the rating on the ground that there was no verification of merger in the physical examination on November 15, 2013; and (e) on December 4, 2013, the Defendant rendered a disposition to grade the patient suffering from actual aftereffects of defoliants of defoliants (hereinafter “instant disposition”).

C. On January 28, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 to 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On August 31, 2012, the Plaintiff asserted that the instant wounds continued to perform drug treatment after being inserted into the content of the ornamental beer and beer and beer, and the instant wound constitutes a person who needs drug treatment after being performed an internal surgery due to a bruptic 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 “the Act on Persons, etc. of Distinguished Service to the State”), and Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on Persons, etc. of Distinguished Service to the State, and Article 8-3 of the Enforcement Rule of the Act on Persons, etc. of Distinguished Service to the State, and falls under the disability rating of “6(2)5108” or at least the disability rating of “7 Grade 5111.” However, the instant disposition otherwise determined