고엽제후유의증환자지원등에관한법률적용비대·상결정처분취소
2012Nu1360 applicable expenses for patients suffering from potential aftereffects of defoliants, etc.
cancellation of the above decision-making
A.
Chuncheon Head of Chuncheon Veterans Branch Office
Chuncheon District Court Decision 2012Guhap629 Decided November 16, 2012
June 26, 2013
July 10, 2013
1. Revocation of a judgment of the first instance;
2. On March 14, 2012, the Defendant revoked the decision-making process under the Act on Assistance, etc. to Patients suffering from Actual or Potential aftereffects of defoliants against the Plaintiff.
3. All costs of the lawsuit shall be borne by the defendant.
The same shall apply to the order.
1. Circumstances of the disposition, relevant statutes, and Plaintiff’s assertion;
The court's explanation on this part is the same as the entry in the corresponding column of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
(a) Facts of recognition;
1) On August 11, 201, at a hospital B, the Plaintiff was diagnosed respectively by the Machopathal disease, at a hospital B on December 7, 201 of the same year, at the hospital C Council members of the Malithal boundary line and other obstacles, and at the hospital on December 12 of the same year, the Machopathal ma expenses on the left-hand side at the hospital, and at the clinic of the E internal department on December 26 of the same year.
2) As to the commission of physical assessment and fact-finding to the Plaintiff by the court of first instance, the president of the F Hospital held that the Plaintiff was a national flameal disease upon observing the left-hand Balchialalaltoology test of the flame and the abnormal flame of less than 50 per cent from the Faltoology test.
3) According to the 'the examination standard for each disease related to Maternal Products' prepared by the Korea Veterans Welfare and Health Corporation, in order to recognize the Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Matern, Maternal Ma, Maternal Matern, Non-Matern Matern, and Maternal Maternal Maternal Maternal Matern, which were performed in both sides and both sides of the Maternal Maternal Maternal Maternal Matern.
【Ground for Recognition: Evidence No. 6-1, Evidence No. 7-1, Evidence No. 8, Evidence No. 9-1, Evidence No. 9-1, the result of the commission of physical appraisal to the F Hospital Head of the first instance court, the results of fact-finding, and the purport of the whole pleadings】
B. Determination
As seen earlier, even if the medical examination standard by the Korea Veterans Welfare and Healthcare established by the Korea Veterans Welfare and Healthcare Corporation is to be conducted in an abnormal manner at least 50% of the result of the relevant negotiology examination, the above standard does not have legal basis, nor does it constitute a general standard for medical judgment of mechopathic disease (see, e.g., Supreme Court Decisions 2010Du1436, Sept. 9, 2010; 2005Du5307, Aug. 19, 2005; 2009Nu31702, May 12, 2005; 2004Nu1416, etc.). Thus, it is medically clear that the Plaintiff’s negotithic disease and the negotithic disease were not related to the negotithic disease in the process of performing the relevant negotithic disease.
3. Conclusion
Thus, the claim of this case is justified, and the judgment of the court of first instance is unfair with different conclusions, and it is decided as per the disposition to cancel it and accept the plaintiff's claim.
Oral (Presiding Judge)
Kim Jong-tae
Long-term salary