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(영문) 수원지방법원 2017.08.30 2017구단6499
재판정신체검사등급판정처분 취소
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 August 23, 1973 with the maturity of the hospital.

B. The Plaintiff, while serving in the military in the Vietnam War, sustained the injury or disease of the Vietnam War, which was “patched, chronology,” and applied for registration of a person of distinguished service to the State on January 6, 1992 by the Army Chief of Staff after obtaining a “certificate of fact corresponding to the requirements for persons of distinguished service to the State.” On February 27, 1992, the Plaintiff received a new physical examination conducted at the National Armed Forces Waterworks Hospital on February 27, 1992, and was judged to be identical in the physical examination on May 28, 192. However, as a result of the physical examination for reexamination for confirmation on December 17, 1992, the Plaintiff was registered as a soldier or policeman after being judged as “patched,” and registered as a soldier or policeman on December 6, 191.

C. Since then, on May 12, 200, the Plaintiff was recognized as having additional differences with regard to the Maternal Disease, an actual aftereffects of defoliants, and maintained the same grade in the reclassification physical examination on May 12, 2007, on which the Plaintiff was determined as having been subject to the same grade 6, Paragraph 1, 38 of the same grade as that of the transfer. On the reclassification physical examination conducted on July 28, 2004, the Plaintiff maintained the same grade in the reclassification physical examination on August 29, 2007.

On March 6, 2008, the Plaintiff was recognized as having been additionally disabled with regard to the “hovascular disease” which is potential aftereffects of defoliants and was registered as “hyedo,” and thereafter, according to the revision of the Act on Assistance to Patients, including Prevention of Actual and Potential Diseases, etc., the Plaintiff was determined as to “hye cancer” and “hyemic heart disease” as a result of a new physical examination and reexamination conducted to convert the “hyemic heart disease” into actual aftereffects of defoliants. However, the Plaintiff had already been registered as class 5 and was registered as class 5, and thus, only the number of diseases was added without any change in beneficiaries.

E. On October 12, 2015, the Plaintiff again filed an application for a physical examination for trial on October 12, 2015.

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