logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.02.18 2015다243781
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 convenience appearance and tax reduction and exemption for the reduction of economic burdens, shall be established when the disabled uses cars, etc. as mobility means. From July 1, 2001, the Ministry of Health and Welfare decided that the spouse, lineal ascendant and descendant, the spouse of lineal descendant, the lineal descendant, and the sibling of the ELG, who are registered in the name of the disabled or his family, can 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 stipulates that the head of a Si/Gun/Gu shall issue a mark identifying the disabled person's car for convenience of support related to the use of the disabled person's car, etc., and each item of Article 23 subparag. 2 of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Health and Welfare No. 424 of Dec. 28, 2007) stipulates that the disabled person is subject to issuance of the above disabled person's car sign, which is registered under the Act on Welfare of Persons with Disabilities or the disabled person's spouse, lineal ascendants and descendants, the spouse

In full view of the purport of the above statutes and guidelines, the disabled family members were issued with the disabled car sign, but they did not reside together with the disabled and the resident registration card without the same address.

arrow