생활수급비등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was designated as a recipient of national basic livelihood security and received basic living benefits, such as livelihood benefits and housing benefits every month.
B. On February 9, 2012, the Plaintiff submitted an income return to the Defendant on the same day, and accordingly, the Defendant notified the Plaintiff on the same day of the change in the recognized amount of income that “The amount of KRW 577,080,000 reduced at the time of payment of wages on February 2, 2012 shall be paid in KRW 600,000.”
C. On July 16, 2012, the Defendant notified the Plaintiff of the change in the recognized amount of income to the effect that “20,000 won increased at the time of paying benefits on July 2012, 200 shall be paid.”
On January 2013, the Defendant confirmed the fact that the Plaintiff failed to report the new income accrued from January 2013, thereby illegally receiving basic living benefits. On September 30, 2013, the Defendant issued a disposition to collect the total of KRW 3,972,550 from March 20, 2013 to August 20, 2013, and to suspend the eligibility of the National Basic Living Benefits (hereinafter “instant disposition”).
E. On April 8, 2014, the Plaintiff filed an application for designation as a qualified recipient of the National Basic Living Security again, and the Defendant notified the Plaintiff of the suitability on April 30, 2014.
[Reasons for Recognition] Unsatisfy, entry of Eul's evidence 1 to 13 (including virtual numbers) and the purport of the whole pleadings
2. Whether the period for filing a suit in an administrative litigation against the legitimacy of the suit in this case is a matter of ex officio investigation by the court as a litigation requirement. Pursuant to Article 20(1) of the Administrative Litigation Act, a revocation suit must be filed within 90 days from the date the disposition, etc. is known, and within one year from the date the disposition, etc.
With respect to this case, around September 30, 2013, the Plaintiff appears to have been aware of the disposition of this case, and the time when around September 30, 2013, the Plaintiff applied for registration of a recipient of the National Basic Living Security (after the latest, April 8, 2014). The 90 days thereafter exceeded.