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(영문) 춘천지방법원 강릉지원 2018.10.11 2017구합184
고엽제2세 후유증 등급판정 비등급처분 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. The Plaintiff’s father B participated in the Vietnam War from April 1, 1968 to January 1, 1969, and registered as a patient suffering from defoliants with the disability grade “Seoul” on July 30, 2007.

The plaintiff was born on the third day after he participated in Vietnam War B.

B. On September 23, 2016, the Plaintiff filed an application with the Defendant for registration of the second-generation patients suffering from actual aftereffects of defoliants pursuant to Article 4(1) of the Act on Assistance to Patients Affected by Contagious Diseases, Etc. and Establishment of Related Associations (hereinafter “Grain Industry Act”).

C. On July 5, 2017, the Defendant decided that the Plaintiff’s brain disease was not a second-generation patient suffering from actual aftereffects of defoliants and was ineligible for the application of the defoliant Act.

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 3, and 4

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s brain disease was caused by actual aftereffects of defoliants, and thus, the Defendant’s instant disposition against the Plaintiff is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. To register as a second-generation patient suffering from actual aftereffects of defoliants, vertebral dye, which is a disease referred to in subparagraphs of Article 5(3) of the defoliant Act (Provided, That this shall not apply to concealed spine dye dye dye dye dye dye ece

However, in full view of the following circumstances, i.e., the evidence evidence Nos. 2, the result of the medical record appraisal entrustment to the Korean Medical Association, and the overall purport of the arguments, i.e., the brain, spine MRI conducted by the Central Veterans Hospital on Dec. 10, 2016 on the Plaintiff; and ii) the Korean Medical Association presented the opinion that cerebral disease disorder on the medical record appraisal entrustment by this Court does not seem to be related to spine dye dye dye dye dye sye sye sye sye sye sye sye c

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