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(영문) 서울고등법원 2016.11.25 2015누58944
지적장애등급외결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. The decision that the Defendant rendered to the Plaintiff on August 1, 2014 is revoked.

Reasons

1. The reasoning for the judgment of the court of first instance regarding this case is as follows, and the part of Article 2(c) of the judgment of the court of first instance (from Class 6 to Class 5 and 9) is as stated in the reasoning of the judgment of the court of first instance, except for deletion under paragraph (3). Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Attachment 1] Article 2(1) and (2) of the Act on Welfare of Persons with Disabilities provides that "the disabled subject to the Act on Welfare of Persons with Disabilities refers to a person who has been subject to considerable restriction in his/her daily life or social life for a long time due to a physical disability (the external disability, internal disorder), or mental disability (the development disorder or mental disease) and falls under the type and standard of disability prescribed by Presidential Decree." Article 2(1) [Attachment 1] [Attachment 6] of the Enforcement Decree of the Act on Welfare of Persons with Disabilities delegated by the Act on Welfare provides that "the persons with intellectual disabilities shall be deemed to have difficulty in treating their intellectual ability permanently due to the permanent delay of mental development, insufficient or incomplete treatment of their intellectual ability and adaptation to their social life." Article 2(2) provides that "the degree of disability shall be classified according to the degree of disability, and the degree of disability shall be prescribed by Ordinance of the Ministry of Health and Welfare."

In accordance with Article 2(2) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities (Notice of the Ministry of Health and Welfare No. 2013-174 of the Ministry of Health and Welfare) of the Act on Welfare of Persons with Disabilities, “persons who are able to receive social and vocational rehabilitation through education, with respect to the degree of disability falling under class 3 of intellectual disability,” among the disability grade criteria notified by the Minister of Health and Welfare pursuant to Article 2(2).

한편, 지적장애는 웩슬러 지능검사 등을 실시하여 지능지수(IQ)에 따라...

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