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(영문) 서울행정법원 2018.11.21 2018구단13769 (1)
고엽제 후유증환자 등급판정 처분취소
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. From September 2, 1969 to September 24, 1971, the Plaintiff entered the Army on the determination and registration of patients suffering from actual aftereffects of defoliants, and worked in the “area adjoining the Southern Limit Line” as stipulated by the Act on Assistance to Patients suffering from Actual aftereffects of defoliants, etc. and the Establishment of Related Associations. On March 31, 1996, the Plaintiff discharged from the Republic of Korea on the part of the Plaintiff, who was recognized as actual aftereffects of defoliants pursuant to the said Act, and was determined and registered as a patient suffering from actual aftereffects of defoliants.

B. On September 13, 2007, the Plaintiff of the new physical examination and the re-verification physical examination was determined to fall short of the grade standard, but on January 7, 201, the Plaintiff was diagnosed by the Seoul National University University Hospital to close the opportuneculium, and applied for a re-verification physical examination at that time, and was determined to be “Class 7 202” under the re-verification physical examination conducted on July 8, 201.

C. On November 11, 201, the Plaintiff determined the grade of a reclassification physical examination and the previous procedure’s reclassification physical examination rating applied to the Defendant for a reclassification physical examination.

After conducting a reclassification physical examination, on April 13, 2012, the Defendant notified the Plaintiff of the result of the reclassification physical examination that “the grade is maintained at Grade 7, but the classification number is changed to Grade 7 202 through Grade 7 201 according to the opinions of non-diversified urology urology symptoms at the longitude or the intermediate level.”

On May 16, 2012, the Plaintiff filed an administrative appeal seeking revocation of the notification of the results of the re-classification medical examination, asserting that the real name of the subject was diagnosed by the Central Veterans Hospital, and that it was due to the urology recognized as actual aftereffects of defoliants with the Central Administrative Appeals Commission on July 2, 2012.

On October 16, 2012, the Central Administrative Appeals Commission revoked the notification of the result of the re-classification physical examination on the ground that the Plaintiff did not properly perform the procedure for measuring the reclassification.

After re-examination of the physical examination for reclassification, the defendant issued the physical examination for reclassification to the plaintiff on April 10, 2013, and the letter is as follows.

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