2020Nu38357. Revocation of revocation of determination of actual aftereffects of defoliants patient rating

A

Attorney Park Do-young et al., Counsel for the defendant

The head of the Incheon Veterans Branch Office

Incheon District Court Decision 2018Gudan1319 Decided March 10, 2020

October 16, 2020

2020, 11,20

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The judgment of the first instance is revoked. On September 22, 2017, the Defendant’s disposition of grading patients suffering from defoliants against the Plaintiff shall be revoked.

1. Quotation of the first instance judgment

The reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except for the following parts written by the court, and thus, it cites it pursuant to Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (other contents asserted in the court of first instance are not significantly different from the contents asserted by the plaintiff in the court of first instance, and even if all the evidence submitted in the court of first instance and the court of first instance are examined, the fact-finding and the judgment of the

[Supplementary Use]

○ 2nd 4-5 of the first instance judgment, “The above Grade 7-702 was changed to Grade 7-5111 thereafter.” The above Grade 7-702 was changed to Grade 7-702 of the former Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, which was amended by Presidential Decree No. 23885 on June 27, 2012.”

○ In the second judgment of the first instance, the "physical mitigation" of the 18th judgment is regarded as "physical assessment".

○ On the two pages of the judgment of the first instance court, "a person who has lost labor force of at least 1/3 of the average person" shall be deemed "a person who has lost labor force of at least 1/3 of the average person".

Article 6-2 (1) shall apply mutatis mutandis to 3 pages 10 of the judgment of the court of first instance. "(Article 6-2 (1) shall apply mutatis mutandis)."

Article 6-4(2) of the 15th judgment of the first instance court is "Article 6-4(3)". The 00th judgment of the first instance court is "not less than 17 to 18, 21, 4, and 12 of the 12th judgment". The 3th judgment of the first instance court is "not less than 17 to 18, 21, 4, and 12."

○ 4th of the first instance judgment, the "determination of disability ratings by physical parts" in the fourth 3th of the first instance judgment shall be "determination of disability ratings by physical parts".

○ 5th of the judgment of the first instance, “A measure has been taken” as “A measure has been taken. The 6th of the judgment of the first instance, 4th of 5th of 000, “A prosecutor who has been commissioned to conduct physical examination by this court,” “A prosecutor who has been commissioned to conduct physical examination by this court,” and “a written examination (written examination)” in the 8th of the judgment of the first instance, 13th of 00, was “a written examination,” and “a written examination (written examination)”. In the 8th of the judgment of the first instance, the 00th of 15th of 00, the 4th of 5th of 4th of 000, “a final examination (written examination)” is regarded as “a final examination”.

In the 9th judgment of the first instance court, the "Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State" is "Enforcement Rule of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State" (amended by Ordinance No. 1412, Aug. 2, 2017).

○ 10 pages of the first instance judgment are as follows.

A person shall be appointed.

A person shall be appointed.

2. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is just, the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

The presiding judge or assistant judge shall be appointed;

Judges Han Young-young

Judges Sung-ju