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(영문) 부산고등법원(창원) 2017.04.19 2016누11691
국가유공자 재판정처분 취소
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff entered the Army on September 29, 1970 and was discharged from military service on August 9, 1973 after the Vietnam War from May 22, 1971 to April 22, 1972.

B. On October 5, 2007, the Plaintiff filed an application for registration of a patient suffering from defoliants with the Defendant. On April 14, 2008, the Plaintiff received a disability rating under Grade VII 201 on the “cathologic urology” as a result of the physical examination conducted on April 14, 2008.

C. Around October 29, 2010, the Plaintiff filed an application for a reclassification physical examination. Around October 29, 2010, the Plaintiff rendered a judgment that the results of the physical examination conducted at the Busan Veterans Hospital constituted a disability rating of class 7 and class 201 as in the previous case. On November 15, 2010, the Defendant notified the Plaintiff that the disability rating is identical to that of the Plaintiff.

On May 17, 2012, the Plaintiff appealed against this and claimed revocation of the grading of a patient suffering from actual aftereffects of defoliants by Changwon District Court 201Guhap2116, but the above court rendered a judgment of dismissal of the claim on the ground that there is no proximate causal relation between the Plaintiff’s degradation of eyesight and urology.

The Plaintiff appealed as Busan High Court (Capwon) 2012Nu839, but was sentenced to the dismissal of the appeal on September 26, 2013. The Plaintiff appealed as Supreme Court Decision 2013Du22772, but the appeal was dismissed on January 23, 2014.

(hereinafter referred to as “prior judgment”) e.

On May 6, 2015, the Plaintiff filed an application for a re-determination with the Defendant on May 6, 2015, and according to the Plaintiff’s correction trial history and the result of the fact inquiry on the Busan Veterans Hospital of the first instance court of the Naan-si, Busan Veterans Hospital, the Plaintiff may recognize the same fact as the correction trial history and Naan-si (unCorrectioned trial history) in a state where the eyesight is not corrected.

This is 0.04, and it is suggested that the correction eyesight of one eye is 0.05 or less and the correction eyesight of other eye is 0.5 or less due to the dystrophism of dystrophism and the gystrophism of the two sides.

The defendant.

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