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(영문) 서울행정법원 2018.07.26 2018구단9111
국가유공자 상이등급 조정 신청
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. With respect to the legitimacy of the instant lawsuit ex officio on the determination of the legitimacy of the lawsuit, the summary of the Plaintiff’s claim is that “the Defendant revoked the disability rating granted by the Plaintiff on high blood pressure, potential aftereffects of defoliants, and subsequently changed the Plaintiff’s disability rating to Grades VII through III,” and that the Defendant sought a performance suit as a performance judgment ordering a certain disposition.

However, in addition to the form of litigation prescribed in Articles 3 and 4 of the Administrative Litigation Act, a lawsuit seeking a certain disposition against the Defendant is not allowed under the current Administrative Litigation Act to confirm the existence of a lawsuit seeking performance of an obligation or an obligation against an administrative agency to order performance of an obligation (see, e.g., Supreme Court Decision 92Nu1629, Nov. 10, 1992). Therefore, the instant lawsuit seeking a certain

2. As a matter of course, the Act on Assistance to Patients suffering from Actual or Actual aftereffects of defoliants and Establishment of Related Associations separates the potential aftereffects of defoliants and potential aftereffects of defoliants, and separates the disability ratings for patients suffering from actual aftereffects of defoliants and disability ratings for patients suffering from potential aftereffects of defoliants.

The Plaintiff was registered as “patient suffering from actual aftereffects of defoliants,” and “high blood pressure,” and was determined as “patient suffering from actual aftereffects of defoliants.” On September 21, 2015, the Plaintiff received a disability rating 7 from the Defendant’s urine disease assessment around September 21, 2015, and the Plaintiff’s high blood pressure assessment around April 20, 2018 (Seoul Administrative Court Decision 2015Gudan9196, Seoul High Court 2016Nu6805, Seoul High Court 2017Du42071, Seoul High Court 2017Nu81795).

On April 20, 2018, the lower judgment of the disability grade rendered by the Defendant against the Plaintiff on April 20, 2018 is related to “high blood pressure,” and is separate from the lower judgment of the Plaintiff’s “urinary disease.”

The disability grade.

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