The defendant is based on the Act on Welfare of Persons with Disabilities against the plaintiff on July 28, 2015.

A. The summary of the case is that the Plaintiff, who was subject to considerable restrictions in daily life, etc. due to a magnetic disorder, constitutes a disabled person as stipulated in Article 2 of the Act on Welfare of Persons with Disabilities (hereinafter “Enforcement Decree”), who is an administrative legislation delegated by the Act on Welfare of Persons with Disabilities (hereinafter “Enforcement Decree”), was unable to obtain a disability diagnosis certificate due to the lack of regulations on the type and standard of disabled persons under [Attachment Table 1], and was unable to submit an application for disabled registration, and thus, the Defendant’s disposition rejecting the application for disabled registration based on Article 32 of the Plaintiff’s Welfare of Persons with Disabilities Act was practically refused to apply for the registration of the disabled, and thus, sought the revocation of such disposition on the ground that it is unlawful because it violates the principle of equality prescribed in the Constitution

The first instance court dismissed the plaintiff's claim on the ground that it is difficult to view that the state with limited financial resources should preferentially protect the disabled persons falling under certain types and standards as the subject of the Act on Welfare of Persons with Disabilities, taking into account the necessity of stability of the disabled persons' lives and the permissible limit of their finances, and that there is no circumstance to see the content itself of Article 2 (1) [Attachment 1] of the Enforcement Decree as being unreasonable and unreasonable. The plaintiff appealed against this.

[Related Acts and subordinate statutes] Attached Form

나. 전제된 사실관계 【증거】갑1의1, 2, 갑11의1, 2, 갑13, 을1, 3과 변론 전체의 취지 ⑴ 원고의 틱 장애(투렛증후군) 발병 ㈎ 원고(D생)는 초등학교 저학년 때 음성 틱 증상이 처음 나타난 후 2003. 10. 무렵부터 그 증상이 악화되어 음성 틱(vocal tic)과 운동 틱(motor tic)이 함께 나타났고, 2005. 4. 21. B병원에서 음성 틱과 운동 틱이 함께 나타나는 투렛증후군 Tourette...