beta
(영문) 서울행정법원 2016.08.19 2015구단6852

고엽제후유(의)증환자등록신청거부처분취소

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 February 20, 1964, the deceased B (the Deceased, on June 25, 2014, hereinafter the deceased) entered the military on February 20, 1964 and participated in the Vietnam War from December 19, 1971 to March 1, 1973. On May 31, 1974, the deceased applied for registration of patients suffering from defoliants under the Act on the Support for Patients from Actual Diseases and the Establishment of Related Associations (the Act on the Support for Patients from Actual Diseases and the Establishment of Related Associations) as the name of the disease, but did not meet the physical examination result rating criteria.

B. After that, the Deceased filed an application for additional registration of patients suffering from defoliants under the name of disease, and was recognized as the “malignation” under Article 5(2)12 of the defoliant Act, and registered as a patient suffering from potential aftereffects of defoliants on March 18, 201 as a result of the physical examination.

C. After that, on August 16, 2013, the Deceased filed an application for a physical examination for re-verification of urine disease (hereinafter the instant injury), but on December 9, 2013, the Deceased and the Plaintiff, his/her spouse, submitted an attempted inspection report to the Defendant on December 9, 2013, the Deceased died on June 25, 2014 when the physical examination was not conducted on the deceased. On September 19, 2014, the Defendant notified the Plaintiff that he/she falls short of the disability rating standards (hereinafter the instant disposition) according to the medical examination conducted with respect to the deceased in writing, such as medical records, etc. with respect to the Deceased, as a result of the physical examination conducted on September 19, 2014, the Defendant notified the Plaintiff of his/her failure to meet the disability rating standards (hereinafter the instant disposition).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5, Eul 1 to 17, the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고의 주장 망인은 2013. 5. 당뇨병으로 인하여 혈중 크레아틴 농도가 2회 이상 1.8mg /㎗ 이상으로 측정되었으므로, 이는 고엽제법 시행규칙상 상이등급 6급에 해당한다.

Therefore, the instant disposition that deemed that the deceased’s disability rating falls short of the grading standards is unlawful.

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

(c)a date for recognition is as follows:

The time of measurement shall be Lesia. Mesiace.