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(영문) 서울행정법원 2015.03.19 2014구합65691

등록거부처분취소

Text

1. On May 23, 2014, the Defendant rejected the registration of private qualifications concerning the qualifications of rehabilitation counselors against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is an incorporated association that carries out policy research projects for social welfare and operation of and support for social welfare facilities for persons with disabilities, etc.

B. On January 2, 2014, the Plaintiff filed an application with the Defendant for registration of the qualification of “Rehabilitation counselor” (hereinafter “instant qualification”) performing the following duties as “private qualification” under the Framework Act on Qualifications.

-personal counseling and group counseling to adapt to disabilities - evaluation of the ability, history, experience, experience, skills, health conditions, education, etc. of persons with disabilities - evaluation of the advantages, functional limits, and goals of persons with disabilities - design, formulation and support of employment and self-reliance planning on the basis of goals - supply of rehabilitation services to rehabilitation institutions - Resource linkage such as assistive devices to live self-reliance life of persons with disabilities - experts who support the community life of persons

C. On May 23, 2014, the Defendant issued a notice on May 23, 2014 that the Plaintiff cannot register the instant qualification as a private qualification on the grounds that there is room for conflict due to overlapping of professional human resources and duties in the medical and social welfare sector, and that it is directly connected with the lives of citizens, and that it is impossible to establish a private qualification pursuant to Article 17 of the Framework Act on Qualifications as a private qualification (hereinafter “instant refusal disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings

2. The Defendant’s judgment on the main safety defense is that the Defendant is entrusted or re-entrusted with the management of private qualification registration by the competent Minister by private qualification pursuant to Article 38(2) of the Framework Act on Qualifications and Article 34(2) of the Enforcement Decree of the same Act, but the scope of such entrustment or re-entrustment does not include the decision of registration under Article 17(2) of the Framework Act on Qualifications and Article 23(4) of the Enforcement Decree of the same Act.