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(영문) 수원지방법원 2015.04.17 2014구단346
고엽제후유증환자등급판정취소
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. The Plaintiff entered the Army and was discharged from military service on October 19, 1972 after the Vietnam War.

B. On July 9, 2009, the Plaintiff filed an application for registration of patients suffering from potential aftereffects of defoliants with respect to “here-cerebrovascular diseases” and was determined to fall short of the standards for classification.

C. The former Act on Assistance to Patients from Actual or Potential Diseases, Etc. (amended by Act No. 11203, Jan. 17, 2012; enforcement on April 18, 2012) changed to be recognized as actual aftereffects of defoliants, based on the findings that the correlation with actual aftereffects of defoliants is recognized with regard to the toxic heart diseases classified as potential aftereffects of defoliants.

On the other hand, around March 2012, the Plaintiff has been subject to pharmacologic treatment until now after performing the luxal marization of the luxal marry and the luxal mixment, which is the internal and internal arbitration.

E. On October 11, 2012, the Plaintiff received a physical examination for a disability rating on the part of the Plaintiff with respect to the Hemical heart disease (hereinafter “the instant disability”). As a result of the physical examination for a new disability rating, the Defendant rendered the instant disposition that determined the Plaintiff to fall short of the disability rating standard on October 22, 2012, as the result of the physical examination for a new disability rating.

[Reasons for Recognition] Evidence No. 5, Evidence No. 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made in the instant case with the instant wound, and thus, it was unlawful for the Plaintiff’s disposition that deemed that the instant case fell under the disability ratings at least Grade 6(2) and Grade 5108 to Grade 5111 pursuant to attached Table 4 of the Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter “Act on the Honorable Treatment of Persons, etc.”) and

B. Determination of disability ratings by physical parts in attached Table 4 of the Enforcement Rule of the Act on Persons of Distinguished Services to the State

5. Disabilities, such as chest clothes and organs;

B. Of the disability grade, “a person who has lost his/her ability to work due to a disability, such as chest-do and long-term disability, not less than 1/3 of the average person,” and the content of disability is eight.

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