부당지급 급여 환수처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is an institution that provides recipients with activity support allowances, such as activity assistance, visiting bathing, and visiting nursing, as prescribed by Article 2 subparagraph 6 of the Act on Activity Assistant Services for Persons with Disabilities (hereinafter “ Activity Assistant Services Act”).
B. On July 1, 2016, when a recipient B (hereinafter “instant recipient”) was provided with activity support allowances by the Plaintiff from April 1, 2015, he/she admitted to C, a single-parent family welfare facility whose activity support allowances are restricted pursuant to Article 19(3)1 of the National Basic Living Security Act (hereinafter “instant facility”) around July 1, 2016.
Nevertheless, the instant recipient received activity support allowances from the Plaintiff by October 26, 2018.
C. Accordingly, on September 21, 2018, the Defendant issued a disposition to recover unfair benefits of KRW 28,11,300 (including interest) to the Plaintiff on the ground that the Plaintiff falls under Article 35(1)2 of the Act on Activity of Persons with Disabilities (in cases where a person subject to restrictions, etc. on the payment of activity support benefits (admission to a security facility)).
hereinafter referred to as "the disposition of this case"
d. The Plaintiff’s objection to the instant disposition filed an administrative appeal with the Daegu-gu Administrative Appeals Commission. However, on April 29, 2019, the said administrative appeal was dismissed, and the written adjudication on the administrative appeal was served on the Plaintiff on May 20, 2019. The Plaintiff was served on the Plaintiff on May 20, 2019 without any dispute over the grounds for recognition. The purport of the written adjudication on the administrative appeal was as follows: (a) the Plaintiff did not have any dispute
2. Whether the instant disposition is lawful
A. The plaintiff's assertion (1) revealed that the beneficiary of this case was receiving activity support allowances while entering the facility of this case, but the facility of this case did not receive information from the facility of this case as a facility under Article 32 of the National Basic Living Security Act, and did not notify the plaintiff of the change of address and the reason for restricting activity support allowances.