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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 was discharged from military service on March 27, 1971 after he participated in the Vietnam War from January 1, 1970 to January 1, 1971 while serving in the Army on May 2, 1968.
B. The Plaintiff asserted that a herthmal heart disease caused by exposure to defoliants (hereinafter “instant injury”) occurred, and filed an application for registration of patients suffering from actual aftereffects of defoliants with the Defendant. Although the Defendant was recognized as a herthal heart disease due to actual aftereffects of defoliants, the Plaintiff was determined on June 1, 2016 to fall short of the disability grade criteria for disability ratings for disability ratings.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, Eul’s evidence Nos. 1 through 4, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s principal initiative expressed that the Plaintiff’s treatment of the instant case requires continuous treatment while diagnosing as “unstrush ties, heart misconduct, and high blood pressure heart disease.” Although the instant difference falls under the disability rating criteria under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, the instant disposition that rendered a judgment below the grade criteria on different premise is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. 1) Determination of whether patients suffering from actual aftereffects of defoliants are registered as patients suffering from actual aftereffects of defoliants and the Act on Assistance to Patients suffering from Actual or Potential aftereffects of defoliants and the Establishment of Related Associations (hereinafter
(1) In order to be eligible for compensation under Article 6(1), it is insufficient to say that the instant wound occurred solely with the fact that the instant wound occurred, and further, the degree of disability caused by the instant wound is the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State
Article 6-4(1) of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, Article 14(3) [Attachment 3] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, and Article 8-3 [Attachment 4] of the Enforcement Rule of the Act on Persons of Distinguished Services to the State, shall be subject to the degree of disability of Grades 1 through 7 as provided for in the