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(영문) 서울행정법원 2015.11.20 2014구단16777
상이등급결정처분등급미달취소
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. The plaintiff entered the Army on September 30, 1967 and was discharged from military service on February 6, 1971 after he participated in the Vietnam War from August 28, 1968 to April 1, 1970.

B. On October 1, 2010, the Plaintiff asserted that the “urine disease or toxic blood disease” occurred, and the Defendant applied for registration of a patient suffering from defoliants, and was recognized as a certificate of defoliants, but was determined to fall short of the grade standards in both physical examinations conducted on April 7, 201 for registration of patients suffering from potential aftereffects of defoliants and for reexamination conducted on August 5, 2011.

C. On October 10, 2013, the Plaintiff filed an application for re-verification of patients suffering from potential aftereffects of defoliants with the Defendant on the ground that the Plaintiff filed an application to the Defendant for re-verification of patients suffering from potential aftereffects of defoliants, but on November 11, 2013, conducted a re-verification physical examination with the Central Veterans Hospital on November 11, 2013, the Plaintiff was determined to fall short of the standard for rating.

On March 18, 2014, the Defendant notified the Plaintiff of the determination that both of urology and livering symptoms fall short of the grade standard as a result of the above physical examination.

(hereinafter “instant disposition”) e.

On May 16, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on September 23, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is that the Plaintiff suffered a cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptive cryptives

In light of these circumstances, the instant disposition that was judged to fall short of the grading standards is unlawful.

B. The Act on Assistance to Patients suffering from Actual or Potential Diseases and Establishment of Related Associations (hereinafter “Special Act on Assistance to Patients suffering from Actual or Potential Diseases”) is applicable.

Article 6 (1) and the honorable treatment and support of persons, etc. of distinguished services to the State.

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