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(영문) 서울고등법원 2016.01.22 2015누42260
고엽제후유증환자등급판정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively considering the following facts: Gap evidence 2-1-3, Gap evidence 5, Eul evidence 13, Eul evidence 1-4, Eul evidence 6-29, Eul evidence 36-3, the results of the entrustment of medical record appraisal to the director of the Seoul Medical Center of the first instance court, and the results of fact inquiry.

On November 12, 1969, the Plaintiff entered the Army, and participated in Vietnam from April 23, 1970 to April 21, 1971, and discharged the Plaintiff from military service on October 19, 1972.

B. On November 11, 2003, the Plaintiff applied for registration of a patient suffering from defoliants with the name of the disease, the Plaintiff applied for registration of a patient suffering from defoliants. However, on January 15, 2004, only the Plaintiff’s “high blood pressure” as of January 15, 2004, the Defendant refers to the “Act on Assistance to Patients suffering from Actual or Potential Diseases, etc. from Actual Aggravated Diseases and Establishment of Related Associations” (amended by Act No. 7791, Dec. 29, 2005; hereinafter referred to as “the High Blood Act”).

(2) On April 21, 2004, the Plaintiff filed an application for re-examination of the “pathologal disease, neutal disorder, and nephalosis, etc.,” and filed an application for re-examination of the “high blood pressure,” but on June 18, 2004, the Defendant rendered a judgment below the “high blood pressure,” and on August 5, 2004, rendered a non-specific determination on other diseases.

3. On July 9, 2009, the Plaintiff filed an application for a physical examination for re-verification with respect to “high blood pressure” with the Defendant, and filed an application for additional registration with respect to “high blood transfusion diseases and blood transfusions.” Accordingly, on September 16, 2009, the Defendant is re-written with respect to “high blood pressure.”

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