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(영문) 수원지방법원 2015.09.18 2015구단30177
고엽제후유(의)증환자장애등급결정취소
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 March 1, 1970, the Plaintiff entered the Gun and discharged the Vietnam War on August 30, 1972.

B. On November 14, 2012, the Plaintiff was subject to pharmacologic treatment in accordance with the opinion that the 80% of the coconceptivity (LCX) reaches 80% at the Gangseo-dong Hospital.

C. On November 22, 2012, the Plaintiff filed an application for registration of a patient suffering from actual aftereffects of defoliants with respect to “hovascular disease” (hereinafter in this case) and the Defendant recognized the Plaintiff as actual aftereffects of defoliants on June 20, 2013, but determined that the Plaintiff fell short of the standards for rating as a result of the physical examination.

Accordingly, on July 22, 2013, the Plaintiff filed an application for a physical reexamination, and the Defendant again rendered the instant disposition on February 5, 2014, which rendered a decision of falling short of the grade standard and notified the Plaintiff.

E. The Plaintiff filed an administrative appeal, but was dismissed on October 8, 2014.

[Ground of recognition] Evidence Nos. 1, 2-1, 2-2, 1 and 2-2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion constitutes “a person who needs pharmacologic treatment after having undergone internal arbitration due to an anti-cerebral disease” as prescribed by the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act”) [Attachment 4] [Attachment 6] 2 and 5108 of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, but the instant disposition which was judged below the grading standard is unlawful

(b) Rule 1 of the Act on Persons of Distinguished Services to the State.

5. A person who needs to receive drug treatment after undergoing an internal arbitration procedure due to a scarcity disease in the disability rating content of chest-do, etc., shall be classified into “Class 6(2)(5108)” and, on the other hand, a person who continuously needs to receive drug treatment by showing a cardiopulmonary blood in the heart, heart, MRI or the heart of nuclear medicine at the examination of the heart, or a person who continuously needs to receive drug treatment by showing a cardiopulmonary blood in the examination of the heart, heart, or the heart of nuclear medicine.

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