고엽제후유의증재확인장애등급기준미달결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The plaintiff entered the Army on November 9, 1967 and was Vietnam Wared on September 12, 1968, and returned on September 18, 1969 and discharged on September 19, 1970.
B. The Plaintiff filed two applications with the Defendant for registration of patients suffering from defoliants (hereinafter “the injury of this case”) on the ground that the Vietnam War occurred due to the spread of defoliants at the time of the Vietnam War, but the level of disability was determined to be below the criteria for disability rating.
C. On July 17, 2014, the Plaintiff filed an application with the Defendant for re-verification of defoliants patients for the disability grade of the injury and disease in the instant case on the grounds as above.
(hereinafter “instant application”) D.
On September 4, 2014, the Defendant rendered a physical examination for the determination of the disability grade of the instant injury to the Plaintiff, on the ground that, as a result of the physical examination for the determination of the disability grade of the instant injury, the Defendant determined that the instant injury was below the criteria for grade grade.
(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap’s 1 through 3, entry of Eul’s 1 through 5, each entry of Eul’s 1 through 5, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff had never been suffering from a brupt disease before entering the military, but since 2002 after having returned to the Vietnam War, there were symptoms such as difficulty in telegraph transfer from around 2002, and was diagnosed as the disease of this case. The plaintiff was seriously diagnosed as the disease of this case as the disease of this case due to the deepening symptoms, and the disease of this case was treated as a patient in an emergency room due to the aggravation of the symptoms, but the disposition of this case which deemed that the disease of this case falls short of the disability
(b) as shown in the attached Form of the relevant statutes;
C. (1) Determination of the Act on Assistance to Patients and Establishment of Related Associations, Etc., including potential aftereffects of defoliants (hereinafter “Grain Industry Act”).
Article 7 (7) provides that allowances may be paid to patients suffering from potential aftereffects of defoliants who are judged to have disabilities prescribed by Presidential Decree.