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(영문) 서울고등법원 2017.12.06 2017누71552
장애인주차구역주차표지발급거부 처분 취소 청구의소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The grounds cited in the judgment of the court of first instance, which the Defendant asserted in the trial while filing an appeal, are not significantly different from that of the Defendant already asserted in the court of first instance.

Considering the evidence submitted in the first instance court as a whole, the fact-finding and decision of the first instance court is justified.

Therefore, the reasoning of this court concerning this case is the same as the reasoning of the judgment of the first instance except for the addition of the following contents. Thus, this court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The instant motor vehicle is subject to the issuance of a parking sign for parking spaces reserved for the disabled, in full view of the circumstances added by the first instance court as well as the following circumstances acknowledged by the evidence submitted by the first instance court.

① The Plaintiff, who is a disabled person registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities, is using the instant automobile.

The instant automobiles are registered as Plaintiff 3% and Co-owners D 97%.

② Article 39(2) of the Act on Welfare of Persons with Disabilities provides for the issuance of a car sign using persons with disabilities to “motor vehicles used by persons with disabilities for convenience in supporting motor vehicles, etc. used by persons with disabilities,” and Article 17(2) of the Act on Welfare of Persons with Disabilities, Etc. provides for the issuance of a car sign using persons with disabilities to “persons with walking disabilities.”

Accordingly, Article 26 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities stipulates that the vehicles used by persons with disabilities shall be subject to the issuance of parking signs for parking spaces reserved for persons with disabilities by registering under the name of "persons with disabilities registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities" and Article 7-3 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities, Etc.

In addition, Article 26 subparagraph 3 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities and Article 7-3 subparagraph 2 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities shall be more than

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