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(영문) 광주고등법원(전주) 2019.12.11 2019누1178
상이등급구분 재판정 신체검사 결과 통지 처분 취소의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Details of the disposition

The plaintiff was admitted to the Marine Corps on August 1, 1966 and served in Vietnam on July 8, 1967 and was discharged from military service on September 30, 197.

On June 30, 1999, the Plaintiff filed an application with the Defendant for registration of patients suffering from actual aftereffects of defoliants. The Defendant determined that Machopathal disease was actual aftereffects of defoliants disease, high blood pressure, and epidemism disease. However, in a physical examination at the Gwangju Veterans Hospital, the Plaintiff was determined that Machopathal disease was below the grade standard, high blood pressure was below the grade standard, and Malithal transfusion was below the grade standard.

On February 20, 2002, the Plaintiff filed an application for a physical examination for re-verification with the head of the Seoul Regional Veterans Administration on the ground of the aggravation of Machopathic disease. On March 7, 2002, the Plaintiff was judged by the Seoul Veterans Hospital that 6th grade 2(4) of the disability rating was a Machopathic disease.

On December 1, 2003, the Plaintiff won a lawsuit seeking the revocation of the above determination, and was judged by the Gwangju Veterans Hospital as being 1 grade 2 Item 3 of the disability rating.

However, as the Plaintiff is able to conduct a single conduct, a civil petition was filed that the above-grade was erroneous. The Plaintiff became a person subject to a reclassification physical examination on January 5, 2007, and around August 5, 2007, the Plaintiff was determined as Grade 6-6(2)44 of the disability rating by the Gwangju Veterans Hospital, and was notified by the Defendant that the disability rating was reduced accordingly.

The plaintiff filed a lawsuit seeking the revocation of the above judgment but lost it.

On June 24, 2010, the Plaintiff filed an application for a reclassification medical examination with the Defendant on June 24, 2010, and was judged by the Defendant on August 16, 2010 that it was 6th grade 2 of the disability rating as a Manene

The plaintiff filed a lawsuit seeking the revocation of the above judgment but lost it.

On June 25, 2012, the Plaintiff filed an application for a re-examination with the Defendant, and on December 4, 2013, the Plaintiff was determined by the Defendant that he/she was subject to the 6th grade 6th grade 4113 of the disability rating.

The plaintiff shall file a lawsuit seeking the revocation of the above judgment.

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