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(영문) 서울행정법원 2014.08.12 2013구단23310
부작위위법확인의소등
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed.

3. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On August 9, 1967, the Plaintiff entered the Army and served for the Vietnam War from August 24, 1969 to June 17, 197, and was discharged from military service on July 18, 1970.

B. On April 29, 2003, the Plaintiff was recognized as suffering from actual aftereffects of defoliants (Grade VII) and Malineal pathy (in short of grade) and as suffering from actual aftereffects of defoliants. As a result of the physical examination conducted on June 7, 2004, the Plaintiff was judged as Grade VII 702 on urology.

C. On April 7, 2005, the Plaintiff filed an application with the Defendant for recognition of the “competence” as an additional status.

On July 26, 2005, the defendant decided on August 23, 2005 that "the plaintiff does not recognize any additional proposal as a whole," and "the decision on August 23, 2005 is equivalent to the requirement of a person of distinguished service to the plaintiff."

(A)(2-1). Title: Guidance equivalent to the requirements of persons who have rendered distinguished services to the State.

1. He has the honor to notify you of their application for registration;

2. As a result of deliberation by the Board of Patriots and Veterans on the basis of facts and relevant data related to requirements for persons of distinguished service to the State, which have been notified by the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State and the Enforcement Decree of the same Act with respect to an application for registration of shipment, the Minister of Patriots and Veterans with respect to the application for registration of persons of distinguished service to the State, shall confirm the facts and determine the injury suffered during combat for the following reasons and notify them to the Ministry of Patriots and Veterans.

This paragraph shall not apply.

A. The applicant entered the Army on August 9, 1967 and was dispatched to the Army under the jurisdiction of the 100 Gun Support Headquarters and was discharged on July 18, 1970 after the war, and was registered as a patient suffering from actual aftereffects of defoliants on April 29, 2003.

B. The applicant is in a white color with a small range of booby-traps of the iron network around January 1, 1970, in which the scrap was in the war, and in the right eye of which the booby-traps were explosiond.

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