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(영문) 수원지방법원 2020.07.03 2017구단8693
상이등급결정취소
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 July 16, 1969, the Plaintiff entered the Army and discharged the Plaintiff from military service on June 16, 1972 (the Defendant discharged from military service).

B. From September 5, 1969 to June 12, 1972, the Plaintiff asserted that he had worked IMO in an area adjacent to the Southern Limit Line, and filed an application for registration of patients suffering from actual aftereffects of defoliants several times for various diseases, and was recognized as actual aftereffects of defoliants in 2001, and in 2013, her climatic disease was recognized as actual aftereffects of defoliants.

C. After that, on April 8, 2014, the Plaintiff was in a physical examination to determine a disability rating for the foregoing urology, but with respect to the Mediology, the Plaintiff was determined to fall short of each grade standard based on the opinion that “it falls short of the grade standard as a result of the examination of the Mediology,” and the opinion that “it is not possible to have the Mediology with respect to urology,” and the Board of Patriots and Veterans Entitlement deliberated on July 16, 2014 to fall short of the grade standard.

Accordingly, on September 19, 2014, the Plaintiff applied for a physical examination for re-verification of the foregoing urology with the urology on the ground that the results of physical examination conducted on November 11, 2014 fall short of the grade criteria, and the Board of Patriots and Veterans Entitlement also deliberated and decided on February 25, 2015 on the ground that “it is confirmed that there is no urology merger with the urology falling under the disability grade and the symptoms of the urology are the same as the previous urology.”

On May 27, 2016, the Plaintiff filed an application for a physical examination for re-verification with respect to Malaysia, which was conducted on July 11, 2016, and was determined to be “not to have a combined urology” for urology in a physical examination conducted on July 11, 2016. As to Mediologic disease, the Plaintiff was determined to fall short of each grade standard as “previous the same as previous one,” and the Board of Patriots and Veterans Entitlement also deliberated on May 31, 2017.

Accordingly, on July 13, 2017, the Defendant issued a notice of the result of the physical examination of patients suffering from actual aftereffects of defoliants to the Plaintiff, stating that both the Plaintiff’s urology and the Plaintiff’s urology were determined to fall short of the disability rating standard.

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