부작위위법확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On April 5, 2018, the Plaintiff submitted to the Defendant a “written application for social security benefits (revision)” with the content that the Plaintiff applied for “reduction of personal burden on the second-class income”, and the Defendant notified the National Health Insurance Corporation of the details of the said application.
On April 24, 2018, the head of Eunpyeong-gu Office of the National Health Insurance Corporation notified the Plaintiff of the result of application for reduction of his/her own ability to pay the next higher-ranking pension.
The above notification states that "I may raise an objection within 90 days from the date on which I became aware of the decision to reduce the burden of the principal pursuant to Article 87 of the National Health Insurance Act if I have an objection to this decision."
On July 4, 2018, the Plaintiff filed an objection against the Defendant against the disposition of inappropriate notification pursuant to Article 38(1) and (2) of the National Basic Living Security Act (hereinafter referred to as the “Basic Livelihood Security Act”).
In the case of an objection against the result of the "decision on the reduction of the principal's burden", the Defendant determined the transfer as a matter to be handled by the National Health Insurance Corporation, and notified the Plaintiff thereof.
【In the absence of dispute, the Plaintiff’s assertion of the respective descriptions of Gap’s Nos. 1, 3, 4, and 6 (including family numbers; hereinafter the same shall apply), Eul’s evidence Nos. 1 and 5, and the purport of the entire pleadings, the Plaintiff filed an application for benefits to the Defendant pursuant to Article 21 of the Basic Livelihood Security Act. Pursuant to Article 38(1) of the Basic Livelihood Security Act, a person who files an objection against the disposition of the head of Si/Gun/Gu, and the head of Si/Gun/Gu in receipt of an objection shall send the written opinion and relevant documents to the Mayor/Do Governor within ten days.
However, the defendant did not send an objection to the Governor of Gangwon-do within 10 days after receiving an objection pursuant to Article 38(1) of the Basic Livelihood Security Act, along with his/her written opinion and relevant documents, and does not take any reply or measures.