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(영문) 수원지방법원 2015.02.06 2013구단3942

상이등급결정처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the instant disposition

A. On December 2, 1968, the Plaintiff entered the Navy and was discharged from military service on October 30, 1971 after he participated in the Vietnam War from October 18, 1969 to February 10, 1971.

B. The Plaintiff asserted that, during the Vietnam War, the Defendant suffered from a disease, such as mathal disorder, skin infection, and urine disease, and applied for the determination and registration thereof as a patient suffering from actual aftereffects of defoliants. However, on May 16, 1994, the Defendant rendered a disposition to determine only urology from a disease claimed by the Plaintiff as a patient suffering from potential aftereffects of defoliants and to reject the remainder of the application.

C. Accordingly, on September 6, 1995, the plaintiff filed an administrative litigation seeking the revocation of the above rejection disposition and was sentenced to the Seoul High Court 94Gu28170 on September 6, 1995 to revoke the defendant's rejection disposition. The above decision became final and conclusive around that time, and accordingly, the defendant was decided as a patient suffering from actual aftereffects of defoliants.

On March 10, 2008, the Plaintiff was judged as having the same level of 5th grade as the previous urology, urology, and Mediology as a result of a reclassification physical examination.

E. On September 27, 2012, the Plaintiff filed an application for a re-examination for adjudication on actual aftereffects of defoliants. Accordingly, the Defendant rendered a disposition of adjustment under class 6 Paragraph (2) upon the comprehensive determination on July 8, 2013, when the Plaintiff determined as “hovascular disease (Grade 6)” as a result of the physical examination of the adjudication of actual aftereffects of defoliants (comprehensive judgment).

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 5, 6, Eul 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the urinology was administered in an insulgic sulphy, and lives a day, and the body was not exposed to nephy, due to nephy and ney infection, and the disease is worse due to complications, etc.

Nevertheless, the disposition of this case, which judged that the disability rating was lower than the previous one, shall be taken.