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(영문) 서울행정법원 2017.08.09 2017구단5938
고엽제후유(의)증 상이등급판정처분 취소
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. On November 7, 1969, the Plaintiff entered the Army and was discharged from military service on April 12, 1971 to April 20, 1972 after the Vietnam War was discharged from military service on October 12, 1972.

B. On April 15, 2002, the Plaintiff: (a) was determined and registered as a patient suffering from potential aftereffects of defoliants on May 22, 2006; (b) was determined and registered as a patient suffering from potential aftereffects of defoliants on January 15, 2015; (c) was determined and registered as a patient suffering from potential aftereffects of defoliants on January 15, 2015; and (d) was determined and registered as a patient suffering from potential aftereffects of defoliants on April 8, 2015 as a result of the physical examination for disability ratings on April 8, 2015.

C. On September 22, 2016, the Plaintiff applied for a re-examination to the Defendant for the determination of disability grades in potential aftereffects of defoliants with respect to “compacterosis, high blood pressure, blood transfusion, and liver disease,” and as a result, applied for a re-examination for the determination of disability grades in potential aftereffects of defoliants, the Plaintiff determined that the disease was below the grading standard.

Accordingly, on January 20, 2017, the Defendant notified the Plaintiff of the results of the physical examination as above and decided that the previous and the disability grade are the same.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 1 to 3 evidence, Eul’s 1 to 7 evidence, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. On April 8, 2015, the Plaintiff asserted that he/she had been issued a warning judgment on the Maclass Maclass Maclass Maclass Maclass Maclass Maclass Maclass, high blood pressure, Maclass Maclass, and Maclass Maclass Maclass were worse.

The plaintiff is currently suffering from a lot of daily work due to his or her difficult galm, his or her fingers and losses, and these symptoms constitute a grade higher than the degree of serious pain.

Nevertheless, the instant disposition made on a different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. One medical view is currently high blood pressure.

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