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(영문) 광주지방법원 2015.08.27 2015구합721

기초연금부적합결정처분취소

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1. On March 4, 2015, the Defendant’s disposition of non-conformity with the basic pension made against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

The plaintiff and B (hereinafter referred to as "the plaintiff, etc.") have received basic old age pension since December 7, 2009 between the plaintiff and the plaintiff (hereinafter referred to as "the plaintiff, etc.") as both husband and wife.

On November 30, 2012, the Defendant confirmed that the Plaintiff’s financial property increased from KRW 52,459,00 to KRW 762,781,00 for the Plaintiff’s financial property, from KRW 908,00 for the financial property of KRW 701,647,00 for the financial property of KRW 908,00 for the financial property of KRW 1,464,428,00 for the financial property of the Plaintiff, etc., and confirmed that the total amount of the financial property of the Plaintiff, etc. was increased to KRW 1,464,428,00 for the financial property of KRW 95,87 for the financial property of the Plaintiff, etc., and suspended the payment of the basic old age pension for the Plaintiff, etc. on February 28,

On January 22, 2015, the Plaintiff filed an application with the Defendant for payment of the basic old age pension on the ground that financial assets have decreased and did not exceed the basic old age pension selection criteria. However, the Defendant considers the amount of KRW 1,448,454,00,00, which falls under the scope of property calculated by converting the amount of property income into property by the Plaintiff, etc. as other donated property, and calculates the monthly recognized amount of income as KRW 6,435,490. The Defendant asserts that the monthly recognized amount of income is KRW 1,48,000, the standard amount of selection for the elderly household with the spouse of the basic pension in 2015. However, according to Article 2014-228 of the Ministry of Health and Welfare’s notice on the criteria for selection, standard amount of pension benefits, and the detailed criteria for calculating the recognized amount of income, the Defendant’s monthly recognized amount of income is KRW 1,392,00,000.

On March 4, 2015, the Plaintiff et al. rendered a decision on non-conformity with social welfare services and benefits (hereinafter referred to as “instant disposition”) to the effect that it is inappropriate for basic pension recipients.

[Reasons for Recognition] The plaintiff's assertion as to Gap's 1, 2, 7, and Eul's 1 to 4, and the plaintiff's assertion as to related laws and regulations, and the plaintiff's assertion as to the plaintiff's subscription for a contest.