장애인등록거부처분취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s father B was from the Republic of Korea of Pakistan, and around May 2009, applied for refugee status by entering Korea on June 3, 2014, and was recognized as a refugee under the Refugee Act. The Plaintiff entered Korea around April 2015 and was recognized as a refugee on June 11, 2015 and resides in Korea as F-2.
B. On June 2015, the Plaintiff obtained an admission permit from C Schools, a public special school for disabled persons, and the same year.
9. From January 1 to October 201, 201, the Yangsan National University Hospital was diagnosed with brain cerebralopic disorders with the following purport: “The overall development of cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Mady was delayed; a short distance is partially possible in the interior, but it is highly likely to cause a high risk of malutism, thus another person’s assistance is always required.
C. On January 19, 2017, the Plaintiff filed an application for registration of disabled persons with a view to receiving welfare services for disabled persons, such as dispatching disabled persons to assist their school attendance and school attendance staff to the hospital, but the Defendant rejected the application for registration of disabled persons on the same day (hereinafter “instant first disposition”), and the Defendant rejected the registration of disabled persons on January 26, 2017 on the ground that the F-2, which is the Plaintiff’s status of sojourn, does not permit the registration of disabled persons.
(hereinafter “Disposition No. 2 of this case”). 【No. 1 of this case’s ground for recognition, there is no dispute, Gap’s evidence No. 1 through 4, 6 through 8, and Eul’s evidence No. 2, and the purport of the whole pleadings.
2. Determination on the defense prior to the merits
A. The defendant's assertion No. 2 of this case is merely a civil petition informing the plaintiff that it is not possible to register a person with a disability who is recognized as a refugee, and there is no disposal nature.
B. In full view of the purport of the Plaintiff’s evidence Nos. 1 and 2, the Defendant’s return of the Plaintiff’s application for registration of disabled persons on January 19, 2017, and the Plaintiff’s disposition is based on the Defendant’s disposition on January 23, 2017.