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(영문) 대구지방법원 2013.11.27 2013나300947
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The facts subsequent to the facts of recognition may be recognized by adding together the purpose of the entire pleadings to the entries in Gap evidence Nos. 1, 3 through 5, Eul evidence Nos. 1 to 3, 5, and 6.

On October 24, 2002, the Plaintiff returned to the Vietnam War and was registered as a patient suffering from potential aftereffects of defoliants after being judged as a result of a physical examination conducted by the Daegu Veterans Hospital’s disability grade on the grounds of high blood pressure and blood transfusion, which was a disease suffering from potential aftereffects of defoliants, and became a patient suffering from potential aftereffects of defoliants.

B. After that, on December 23, 2004, the Plaintiff filed an application for additional registration with the Defendant to recognize that he was suffering from actual aftereffects of defoliants. Accordingly, on March 7, 2005, the Defendant conducted a new physical examination for disability classification with the Plaintiff at the Daegu Veterans Hospital on March 7, 2005, the Plaintiff was registered as a person of distinguished service to the State on April 6, 2005, subject to the judgment of grade 7 of the disability rating with the urology certificate.

C. On September 11, 2008, the Plaintiff applied for a reclassification physical examination to the Defendant (hereinafter “instant primary reclassification physical examination”). However, on November 26, 2008, the Defendant judged that the results of the reclassification physical examination constituted “ Grade 7” of the same different grade as the previous one and notified the Plaintiff.

On December 15, 2008, the Plaintiff appealed and filed an administrative litigation (hereinafter “instant administrative litigation”). On December 16, 2009, the Plaintiff appealed against the dismissal ruling issued by the Daegu District Court 2009Guhap2902, and filed an appeal. On November 1, 2010, the Daegu High Court 2010Nu185, which was pending in the appellate trial, filed an application for a reclassification physical examination (hereinafter “the second reclassification”) with the Defendant on December 21, 2010, and dismissed the appeal against the said administrative litigation on January 3, 2011.

E. On November 2010, the Defendant paid the difference between the amount of veterans’ benefits under the disability rating “6 grade 2” and “7 grade” from November 2010, retroactively to the Plaintiff.

2. The plaintiff's assertion is in the appellate court of the administrative litigation of this case.

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