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(영문) 서울행정법원 2016.10.12 2015구단60184
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. The plaintiff entered the Army on July 3, 1969 and was discharged from military service on June 9, 1972 after he participated in the Vietnam War from May 29, 1970 to June 14, 1971.

B. The Plaintiff filed an application with the Defendant for registration of a patient suffering from defoliants with a high blood pressure, Athro-ray symptoms, and urine disease under the name of the applicant, and applied for registration of a patient suffering from defoliants with high blood pressure, Athro-ray infection, and Curology was determined and registered as a patient suffering from potential aftereffects of defoliants, and Curology was determined and registered as a patient suffering from actual aftereffects of defoliants. Around that time, high blood pressure was determined to be light blood pressure for the classification of disability ratings conducted with respect to high blood pressure and Athro-ray infection, and determined that the Athro-ray infection was below the rating

C. On October 3, 2014, the Plaintiff: (a) on October 8, 2014, upon filing an application for registration of cerebral typhism with the Defendant under the name of the applicant for registration; and (b) on October 8, 2014, the Plaintiff was determined and registered as a patient suffering from potential aftereffects of defoliants.

The Plaintiff filed for a re-determination for the determination of disability grades classified as potential aftereffects of defoliants with the Defendant and received a re-determination for the trial at the Central Veterans Hospital. The Plaintiff’s doctor in charge of the physical examination determined that the Plaintiff’s degree of disability was below the disability grade by presenting to the Plaintiff the opinion that his/her high blood pressure, Gap’s upper-line function low-level function, and cerebrovassis fall short of the disability grade. On August 26, 2015, the Defendant determined on August 26, 2015, that the Plaintiff’s degree of high blood pressure, Gap’s upper-line function low-level function, and cerebrssis falls short of the disability grade criteria.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] . [In the absence of dispute, entry in Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, 4, 5, 7 (including provisional number), and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1 has decreased in the view of both sides due to cerebral typhism, and that the left hand and the bridge cannot be freely used, 'the side side of the water or brain salurbine', and her walking is possible, but it has the function in other daily activities.

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