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(영문) 서울중앙지방법원 2020.04.17 2019나31145

손해배상(위자료)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Facts recognized;

A. When the head of Jongno-gu Seoul Metropolitan Government (hereinafter referred to as the “head of Jongno-gu”) becomes aware of the fact that the Plaintiff, who received basic payment through an investigation to verify the welfare recipient in the latter part of 2013, did not report the income even if he/she was a daily-use income, through the tax office, etc., he/she confirmed the Plaintiff’s income through the tax office, etc., and then issued a decision on collection of the cost of livelihood benefits and housing benefits for the total amount of KRW 1,036,920 in the period of investigation (from April 2013 to September 2013) around March 30, 201

B. Around August 2017, the Plaintiff filed a civil petition with the purport that the cost of guaranteeing the disabled was calculated erroneously, and the head of Jongno-gu re-Adjustment of the amount of the cost of collecting the cost of guaranteeing the disabled amount of KRW 1,146,600 (it shall be applied from the aggregate of KRW 1,638,000 on August 6, 2013 to September 2013).

C. On March 9, 2018, the Plaintiff filed an administrative appeal against the head of the Gu against the head of the Gu, seeking revocation of the decision on collection of expenses for guaranteeing unjust recipients. On July 9, 2018, the said administrative appeals commission rendered a decision to revoke the decision on collection on the ground that it is unjust to collect benefits for other periods, not income, on the ground that it is not an income, from August 8, 2013 and September 2013, when the Plaintiff failed to fulfill his/her duty to report income.

The head of Jongno-gu decided to exclude the Plaintiff from the collection of livelihood security expenses through a resolution by the subcommittee around July 25, 2018, while the Jongno-gu Office failed to clearly take measures in accordance with the purpose of the adjudication because the matters prescribed in the "National Basic Living Security Project Guidance" and the purpose of the adjudication are somewhat contradictory.

E. Meanwhile, the head of Jongno-gu sent a notice of payment and demand for the decision on collection of guarantee expenses to the Plaintiff on 32 occasions from April 2015 to April 2018 on the basis of the National Basic Living Security Act, and thereafter three times payment and demand notices from March 2019 to May 2019.