The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Article 34(1) of the Constitution provides that “All citizens shall have the right to a life worthy of human dignity.” Article 34(5) provides that “All citizens shall have the right to a life worthy of human beings, and citizens without a livelihood due to physical disability, disease, old age, or any other reason shall be protected by the State under the conditions as prescribed by Act.”

Accordingly, the Welfare of Disabled Persons Act is human beings for disabled persons.

The purpose of this Act is to contribute to social integration through the promotion of the welfare of persons with disabilities and the participation in social activities by clarifying the responsibilities of the State, local governments, etc. to guarantee their lives and rights, prescribing projects for medical treatment, etc. of persons with disabilities to comprehensively implement measures for persons with disabilities, and prescribing necessary matters concerning protection of persons

(1) According to Article 1. According to the Welfare of Disabled Persons Act, “person with a disability” means a person whose physical or mental disability is subject to considerable restrictions in daily life or social life for a long time (Article 2(1)), and “person with a disability subject to the Welfare of Disabled Persons Act” means a person with a disability falling under any of the above disability or mental disability and who satisfies the type and standards of disability

(Article 2(2). Here, “physical disability” means a disability of major external bodily functions, internal organs, etc. (Article 2(2)1), and “mental disability” means a disability caused by developmental disorder or mental disease.

(Article 2(2)2. Accordingly, Article 2(1) [Attachment 1] of the Enforcement Decree of the Act on Welfare of Persons with Disabilities (hereinafter “Enforcement Decree of this case”) provides that “persons with disabilities falling under the 15 types of disability as persons with disabilities subject to the Act on Welfare of Persons with Disabilities (hereinafter “instant provision”) shall be physically disabled persons, brain dyphomatic disorders, visually disabled persons, visually disabled persons, intellectually disabled persons, pulmonary disabilities, mentally disabled persons, mentally disabled persons, and kidne