(영문) 서울중앙지방법원 2016.05.30 2016나5435

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.05.30 2016나5435

부당이득금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 125,520 as well as the full payment with respect thereto from May 31, 2016.

Reasons

1. Relevant statutes;

A. Article 29(1) of the former Act on Welfare of Persons with Disabilities (wholly amended by Act No. 8367 of Apr. 11, 2007; hereinafter the same) provides that "the disabled, their legal representatives or guardians prescribed by the Presidential Decree shall register the state of disability and other matters prescribed by the Ordinance of the Ministry of Health and Welfare with the head of Si/Gun/Gu, and the head of Si/Gun/Gu shall issue a registration certificate for persons with disabilities

Article 3(1) of the former Enforcement Rule of the Act on Welfare of Persons with Disabilities (wholly amended by Ordinance of the Ministry of Health and Welfare No. 424, Dec. 28, 2007; hereinafter “Enforcement Rule”) provides that “A person who intends to apply for registration of a disabled person pursuant to the provisions of Article 29(1) of the Act on Welfare of Persons with Disabilities shall submit to the head of Si/Gun/Gu via the head of the competent Eup/Myeon/Dong along with two photographs attached to the application form in attached Form 1.” Article 4(3) provides that “The head of Si/Gun/Gu

B. Article 9(1) of the former Act on Welfare of Persons with Disabilities provides that the State and local governments shall be responsible for promoting the welfare of persons with disabilities by supporting their self-reliance and by protecting persons with disabilities in need of protection.

In addition, Article 35(1) of the former Act on Welfare of Persons with Disabilities provides that "the State, local governments, and other public organizations shall take necessary support measures, such as reduction or exemption for convenience and economic burden when persons with disabilities use cars, etc. as means of mobility, and the head of Si/Gun/Gu shall issue a mark identifying persons with disabilities that they use cars, etc. for the convenience of support related to the use of cars, etc. for persons with disabilities."

In addition, Article 23.

참조조문

유사 판례

-서울중앙지방법원 2016.01.27 2015나1511

-대법원 2016.1.14.선고 2015다237922 판결

-서울중앙지방법원 2016.02.05 2015나12832

-서울중앙지방법원 2016.06.24 2016나19014

-대법원 2016.01.14 2015다219733