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(영문) 서울행정법원 2014.10.17 2012구단11020
고엽제후유증의환자등록거부처분취소
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 October 13, 1970, the Plaintiff entered the Army and was discharged from military service on April 26, 1972 to February 20, 1973 on the Vietnam War but was discharged from military service on August 30, 1973.

B. On April 14, 201, the Plaintiff filed an application for registration of patients suffering from potential aftereffects of defoliants (hereinafter “the instant award”) with the Defendant on the ground that the Defendant, while in Vietnam Wared in the military service, suffered from neutism, one of the symptoms of defoliants. However, on September 7, 2011, the Defendant rendered the instant disposition rejecting the registration of patients suffering from potential aftereffects of defoliants on the ground that the Plaintiff did not have any special visit in the MRI, and that there was an occurrence after the closure of the medical history.

C. The Plaintiff filed an administrative appeal against the instant disposition on September 19, 201, but was dismissed on March 20, 2012.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap6 or 7 evidence, the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion was unlawful since the harm of this case occurred after the Vietnam War was discharged from active service. Thus, the defendant's disposition of this case on different premise is unlawful.

3. According to Article 2 subparag. 2, subparag. 3, and Articles 5(2), (4), and (6) of the Act on Assistance to Patients from Actual or Potential Disease, etc., and Establishment of Related Associations (hereinafter referred to as the “Act on defoliants”), where a discharged or retired person who served as a soldier or a civilian military employee in the Vietnam War suffers from a disease falling under any of Article 5(2) in the area where defoliants was sprayed in the Vietnam War during the period from July 18, 1964 to March 23, 1973, the relevant disease is deemed to be a patient suffering from defoliants unless it is proved that the disease was caused before the military service, ② a disease found to have occurred in connection with the state of genetic or outbreak, ③ a disease caused by external wounds, ④ a disease caused by external wounds, or a disease found to have been medically and clearly clear that the cause of defoliants was not related to defoliants in the clinical process.

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