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(영문) 광주지방법원 2015.05.07 2014구합1604

기초노령연금부적합처분취소 청구

Text

1. On August 8, 2014, the Defendant’s disposition of non-conformity with the basic old age pension rendered against the Plaintiffs is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiffs were married couple, and the Plaintiff A served as a police officer for at least 33 years, and the Plaintiff B was living as the family head office.

B. From February 2010, Plaintiff A received the basic old age pension of KRW 92,00 from Defendant. On December 30, 201, the Defendant confirmed that there was financial assets of KRW 970,451,00 in the deposit account in the name of Plaintiff B in the name of Plaintiff B as a result of the investigation of the Plaintiff’s income and property, and subsequently suspended the payment of the basic old age pension to Plaintiff A from February 2012.

C. On June 8, 2014, the Plaintiffs filed an application for payment of basic pensions with the Defendant, but the Defendant rendered a decision on the inappropriate payment of social welfare services and benefits (hereinafter “instant disposition”) to the Plaintiffs on August 8, 2014 on the ground that the Plaintiffs’ recognized amount of income 3,984,062 won calculated by the following methods exceeds KRW 1,392,00,000, which is the standard amount of selection for senior citizens’ households with a spouse of basic pensions in 2014.

The Plaintiffs’ recognized amount of KRW 3,984,062 [3,984,062 converted amount of income of KRW 00 converted amount of income (= KRW 3,988,229 converted amount of general property – KRW 4,167 converted amount of financial property – KRW 3,988,229] converted amount of financial property] cf. 3,988,229 [ [3,98,229 won converted amount of financial property - [3,98,229 won] converted amount of financial property - [3,98,175,00 won (Calculation of financial property of KRW 970,451,00 in the deposit account in the Plaintiff’s name) - conversion rate of KRW 20,00,000] converted amount of basic financial property 】 4,167 won converted amount of cf. (i.e., debt 1,000,00 x 5/12%) converted amount

2. The Plaintiffs’ assertion on August 18, 201 is recognized that KRW 909,324,318 was deposited in the treatment securities deposit account under the Plaintiff’s name on August 18, 201, but this is deemed that Plaintiff B’s Dong C used the deposit account under the Plaintiff B’s name to purchase the public offering shares. Therefore, in calculating the recognized amount of income of the Plaintiffs, the Plaintiffs’ assertion is based on the name of