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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. The plaintiff entered the Army on July 24, 1969 and transferred the Vietnam War from December 21, 1970 to April 30, 1972, and was registered as war veterans in the Ministry of Patriots and Veterans Affairs on March 26, 199.
B. In around 2006, the Plaintiff was recognized as actual aftereffects of defoliants from the Defendant as actual aftereffects of defoliants and as actual aftereffects of defoliants. Around that time, the Plaintiff was determined to fall short of the grade criteria both of the Malisung branch and the Malisis level.
C. On April 16, 2014, the Plaintiff filed an application for a physical examination for re-verification with the Defendant. On June 26, 2015, the Defendant rendered a disposition (hereinafter “instant disposition”) to the effect that both the Malineneal pathal (HH) and the high blood pressure (HH) did not meet the grading standards based on the result of the physical examination for re-verification conducted with the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 1 to 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff's Mali-pathal disease has an obvious flasium and flasium on both parts of Mali-pathal disease, such as being subject to a determination of grade 5 with delay from the Geumcheon-gu Seoul Metropolitan Government
Therefore, even though the plaintiff was a person with disability falling under Grade 6 or 7, the defendant issued the disposition of this case against this.
Therefore, the instant disposition is unlawful.
B. (1) Article 5(1)4 of the Act on Assistance to Patients and Establishment of Related Associations, Etc. (hereinafter “Grain Industry Act”) provides that the instant wounds are included in the “ actual aftereffects of defoliants.”
Furthermore, Article 6 (1) of the defoliant Act is to provide honorable treatment and support to persons who have rendered distinguished services to the State, in a physical examination conducted by the Minister of Patriots and Veterans Affairs, after Vietnam Wared and registered as patients suffering from actual aftereffects of defoliants.