고엽제후유증2세환자등록거부처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties:
The Plaintiff, as a child of Nonparty B registered as a patient suffering from actual aftereffects of defoliants (hereinafter “instant wounds”), was suffering from wounds. On December 7, 2010, the Plaintiff filed an application with the Defendant to register himself as a second-generation patient suffering from actual aftereffects of defoliants, and subsequently filed an application to the same effect as of February 18, 2011.
B. On April 12, 2011, the Defendant rendered the instant disposition rejecting registration on the ground that “the instant difference does not fall under the scope of the disease of the second-generation patients suffering from actual aftereffects of defoliants.”
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion was suffering from the instant wounds since his father was born due to the influence of actual aftereffects of defoliants revealed by his father. The instant difference constitutes a second-generation patient suffering from actual aftereffects of defoliants.
B. Determination 1) Related Provisions: Article 2 of the former Act on Assistance, etc. to Patients suffering from Actual or Potential aftereffects of defoliants (amended by Act No. 10258, Apr. 15, 2010) (the definitions of the terms used in this Act are as follows.
1. Above
3. Omitted.
4. The term "second-year-old patient suffering from actual aftereffects of defoliants" means a child of a person determined to be, and registered as, a patient suffering from actual aftereffects of defoliants pursuant to Articles 4 and 7, or a child of a person recognized as a patient suffering from actual aftereffects of defoliants pursuant to Article 8 (referring to a child born over and born after the Vietnam War, served in an area adjoining the Southern Limit Line, or participated in spraying, between October 9, 1967 and July 31, 1970) who suffers from a disease referred to in Article 5 (3).
Article 5 (Criteria for Determination of Patients, etc. of Actual aftereffects of defoliants) (1), (2) omitted, the scope of diseases of second-generation patients suffering from actual aftereffects of defoliants, which serves as the basis for determination under Article 4 (7), shall be
1. vertebrate dives: Provided, That vertebrate divesium shall be excluded herefrom;
2. Maternal 3.