고엽제후유(의)증환자장애등급결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff entered the Army on July 18, 1964 and was discharged from military service on October 21, 1976 after he participated in the Vietnam War from April 29, 1968 to May 9, 1969.
On September 1, 2001, 2009, the Plaintiff was recognized as suffering from defoliants respectively with respect to high blood pressure, cerebral chronology and urology on January 19, 2009, and Madneosis on March 18, 2013 (hereinafter “instant disease”). However, in a physical examination for determining the degree of disability for registering patients suffering from potential aftereffects of defoliants conducted around that time, the Plaintiff was judged to fall short of the grade standard.
On September 6, 2013, the Plaintiff filed an application for re-verification of potential aftereffects of defoliants with respect to the instant disease to the Defendant, but was determined to fall short of the grading criteria as a result of the re-verification conducted by the Central Veterans Hospital on December 5, 2013.
(hereinafter referred to as “instant physical examination”). Accordingly, on December 23, 2013, the Defendant notified the Plaintiff that the instant disease was determined to fall short of the disability grade standard as a result of the instant physical examination.
(2) The Plaintiff’s assertion as to the illegality of the disposition of this case is based on the following facts: (a) there is no dispute; (b) the Plaintiff’s assertion as to whether the disposition of this case was unlawful; (c) the Plaintiff appeared to have shown symptoms, such as the high water level and the fall of the eyesight due to the disease of the witness after defoliants; and (d) the disease of this case suffered considerable impediment to daily life due to any eumatic disease, and thus, the disability grade of the disease of this case ought to be deemed as a disability at least a light.
Therefore, the instant disposition that was judged to fall short of the grading standards is unlawful.
It shall be as shown in the attached Form of the relevant statutes.
Judgment
㈎ ‘고엽제후유의증 등 환자지원에 관한 법률’(이하 ‘고엽제법’이라 한다) 제7조에서 정한 모든 질병에 대한 진료를 받고 수당을 받을 수 있는 등의 혜택을 받기 위해서는 고엽제법 제5조...