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(영문) 춘천지방법원강릉지원 2015.11.19 2015구합319
고엽제후유(의)증환자비해당결정취소
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. On July 9, 1966, the Plaintiff entered the Army and left the Republic of Korea on October 26, 1967 and participated in the Vietnam War, etc., and returned to the Republic of Korea on May 31, 1969 and discharged from military service on July 5, 1969.

B. On May 198, the Plaintiff was diagnosed with chronic virus B infection and livers, and on April 9, 2015, the Plaintiff filed an application for registration of potential aftereffects of defoliants patients with potential aftereffects of defoliants on the ground that the Defendant was suffering from defoliants after having participated in the Vietnam War.

C. The Defendant requested the head of the Central Veterans Hospital to conduct a medical examination as to whether the Plaintiff was a patient suffering from potential aftereffects of defoliants, and on May 22, 2015, the head of the Central Veterans Hospital rendered a non-specific determination against the Plaintiff.

Accordingly, on June 8, 2015, the Defendant notified the Plaintiff that the disease claimed by the Plaintiff was not a potential aftereffects of defoliants, and accordingly, decided to be exempt from the application of the Act on Assistance to Patients from Actual or Potential Diseases, etc. and Establishment of Related Associations.

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition】 Evidence Nos. 1, 3, and 4-1, 2, 2, and 3 of Evidence Nos. 4-2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in the instant disposition that the Plaintiff, while serving in the Vietnam War and suffering from liver diseases, on the ground that it is a patient with hepatitis B.

(b) as shown in the attached Form of the relevant statutes.

C. According to Article 5(2)13 of the Act on Assistance, etc. to Patients Accruing from Actual or Potential Diseases (hereinafter “the Act”), diseases are included in the scope of potential aftereffects of defoliants, but are excluded from the extent of potential aftereffects of defoliants.

Therefore, a Vietnam War veteran suffers from a disease.

The cause is due to hepatitis B and C.

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