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1. On July 17, 2013, the Defendant’s decision on the grade of potential aftereffects of defoliants against the Plaintiff is revoked.
Reasons
1. Details of the disposition;
A. The plaintiff entered the Army on November 7, 1969 and was Vietnam Wared on March 24, 1970, and returned on May 21, 1971 and discharged from military service on October 12, 1972.
B. On June 10, 2008, the Plaintiff filed an application with the Defendant for registration of patients suffering from exposure to defoliants on December 17, 2008 and on April 20, 2012, for physical examination for re-verification of patients suffering from defoliants, on the grounds that the defoliants spread occurred due to defoliants spread at the time of Vietnam, and the level of disability was determined to have been below the degree of disability.
C. On February 20, 2013, the Plaintiff filed an application with the Defendant for registration of a patient suffering from defoliants on the ground of cerebral typhism (hereinafter “the instant injury”). On July 17, 2013, the Defendant notified the Plaintiff of the result of the physical examination conducted by the Daejeon Veterans Hospital that the Plaintiff was determined to fall short of the grading standard.
(hereinafter referred to as the "disposition of this case"). / [Grounds for recognition] Gap 1, 3 (including paper numbers, hereinafter the same shall apply), Eul 1 through 4, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the disease of this case occurred due to language disorder, the far away from severe losses, the ability to walk, and the degradation of eyesight. Thus, the plaintiff's condition due to the disease of this case constitutes potential aftereffects of defoliants, etc. and establishment of related associations (hereinafter "the High School Act") under Article 9 (1) and [Attachment 1] of the Enforcement Decree of the Act on Assistance to Patients, etc. and Establishment of Related Associations (hereinafter "the High School Act"), but the disposition of this case that the plaintiff judged that the disease of this case falls short of the disability grade standard under the above provision is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. Article 7(7) of the Act on defoliants provides that patients suffering from potential aftereffects of defoliants shall have disabilities determined by Presidential Decree.