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(영문) 울산지방법원 2016.03.24 2015구합1308
고엽제후유(의)증 환자등록 거부 등 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Progress of the disposition;

A. On August 6, 1969, the Plaintiff served in the Vietnam War from May 22, 1971 to April 20, 1972 while serving in the Army, and was discharged from military service on July 7, 1972.

B. The Plaintiff asserted that defoliant suffered from high blood pressure, al Hemosis, and urine infection (hereinafter “high-tension and other diseases”), and applied for the registration or re-verification of patients suffering from actual aftereffects of defoliants or patients suffering from actual aftereffects of defoliants on several occasions from 2001 to 2012 under the Act on Assistance, etc. to Patients suffering from Actual aftereffects of defoliants (hereinafter “HHA”), and the Defendant determined that the disease, such as high blood pressure, is below the level of disability or the degree of disability under the Act on Support, etc. for Patients suffering from Actual aftereffects of defoliants, even if the Defendant recognized that the disease, such as high blood pressure, falls short of the level of disability or the degree of disability under the Act on Support, etc. for Patients from Actual aftereffects of defoliants.

C. On June 23, 2014, the Plaintiff asserted that defoliant suffered from cronology, Danepathal disease, Malaysia (hereinafter “cronology, etc.”) and urine disease, and filed an application with the Defendant for registration of an application for registration of defoliant infection with regard to disease such as cronology, and for a physical examination for re-verification of urine disease with regard to urology.

Accordingly, on December 30, 2014, the Defendant rendered a non-eligible decision for the application of the Act on defoliants (hereinafter “instant first disposition”) by comprehensively taking account of the results of the medical examination of the Busan Veterans Hospital and the Daegu Veterans Hospital (hereinafter “instant disposition”). On January 12, 2015, the Defendant issued a grading disposition that determines the disease as a result of the re-verification of defoliants on January 12, 2015 after a medical examination by a specialist and deliberation by the Board of Patriots and Veterans Entitlement classification (hereinafter “instant second disposition”). In addition, each of the above dispositions was referred to as “each of the instant dispositions”).

E. On March 23, 2015, the Plaintiff filed an appeal with the Central Administrative Appeals Commission against each disposition of the instant case, but was dismissed on July 21, 2015.

[Ground for recognition] A.

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