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(영문) 대법원 2016.04.12 2015다251973
부당이득금
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Article 35(1) of the former Act on Welfare of Persons with Disabilities (wholly amended by Act No. 8367 of Apr. 11, 2007) provides that necessary support measures, such as tax reduction and exemption for convenience appearance and economic burden reduction for the use of cars, etc., which are mobile means by persons with disabilities shall be established. From July 1, 2001, the Ministry of Health and Welfare decided that the spouse, lineal ascendant and descendant, spouse, lineal descendant, lineal descendant, and sibling of the person with disabilities who are registered in the name of the disabled or his family members may receive the above support after receiving the guardian card upon application from the disabled.

Meanwhile, Article 35(2) of the former Act on Welfare of Persons with Disabilities provides that the head of a Si/Gun/Gu shall issue a mark identifying that a disabled person is a motor vehicle used by the disabled for the convenience of support related to the use of a motor vehicle, etc. (hereinafter “motor vehicle mark for persons with disabilities”). Each item of Article 23 subparag. 2 of the former Enforcement Rule of the Act on Welfare of Persons with Disabilities (amended by Ordinance of the Ministry of Health and Welfare No. 424, Dec. 28, 2007) is subject to the issuance of a motor vehicle sign for persons with disabilities, and includes a motor vehicle used by persons with disabilities under the name of the spouse, lineal ascendants and descendants, the spouse

In full view of the above statutes and the purport of the instant guidelines, the families of the disabled have been issued the car signs for the disabled, but thereafter, they are disabled persons.

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