장애인복지법 시행령에 열거되지 않은 투렛증후군과 장애인등록 - 대법원 2019.10.31. 선고 2016두50907 판결에 대한 평석 -

The plaintiff had suffered from severe Tourette’s syndrome for a long time, and his disability registration was rejected because the type of disability (Tourette’s syndrome) was not listed in the Enforcement Decree of the Act on Welfare of Persons with Disabilities. The Supreme Court found that the types of disabilities listed in the Decree were examples, and held that the refusal of the administrative agency was unlawful. This decision is meaningful in that it requires an active interpretation and application of the administrative agency in the disability registration process and provides an opportunity to review the definition of a person with disabilities. The concept of disability is changing from the medical model centered on physical or mental impairment to the social model that understands it as a result of society’s failure to adequately respond to the needs of persons with disabilities. However, even after the decision, local governments do not accept the disability registration if the applicant does not meet the detailed criteria listed in the related administrative rules. This article urges administrative agencies to exercise more discretion in relation to social security benefits, and furthermore, proposes amendments to the Act on Welfare of Persons with Disabilities.