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(영문) 서울행정법원 2017.06.15 2016구단18128
장애등급미달처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff entered the Army on August 17, 1965 and was discharged from military service on July 27, 1966 through July 20, 1967, and October 11, 1967 through September 30, 1968.

The Plaintiff was recognized as having been suffering from potential aftereffects of defoliants on August 25, 199 by applying for registration of potential aftereffects of defoliants to the Defendant on the basis of “brupt infection,” and was judged as having been around December 17, 1999 in a physical examination for disability classification.

Afterwards, from around 199 to around 2013, the Plaintiff filed an application with the Defendant for registration of patients suffering from defoliants, or for physical examination for re-verification, and received the recognition of “machopathy’s disease” as actual aftereffects of defoliants, and “high blood pressure and infection” as potential aftereffects of defoliants.

However, in the physical examination of the disability grade in this part, all were judged to fall short of the grade standard.

The Plaintiff filed an application for registration of patients suffering from actual aftereffects of defoliants with the Defendant several times due to the applicant’s disease. On or around 2007, around 2013, and around 2014, the Plaintiff was notified of the determination that “urine was not actual aftereffects of defoliants” due to the normal blood relative as a result of the examination.

In other words, on June 9, 2015, the Plaintiff filed an application for registration of patients suffering from actual aftereffects of defoliants with the Defendant on the ground that “urine disease in the following (hereinafter “the instant wound”)” was the applicant’s disease. On July 18, 2015, as a result of the examination of veterans hospital, the Defendant notified the Plaintiff on September 8, 2015, on the ground that the instant wound does not constitute defoliants disease under Article 5 of the Act on Assistance to Patients from Actual aftereffects of defoliants, Etc. and Establishment of Related Associations (hereinafter “The High School Act”).

On October 30, 2015, the Plaintiff filed an application for re-examination of the instant wounds, and on December 9, 2015, the Plaintiff was recognized as actual aftereffects of defoliants as the result of the re-examination of veterans hospitals on December 9, 2015 as “inception of urine-disease medicine due to blood increase.”

However, there is no physical examination at veterans hospitals for the classification of disability grades with respect to the instant wounds.

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