기초연금지급 부적합결정 취소 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 20, 2014, the Plaintiff applied for a basic pension to the Defendant.
B. On August 25, 2014, the Defendant rendered a decision that the payment of a basic pension is inappropriate on the ground that the Plaintiff’s recognized amount of income exceeds KRW 1,392,000 on the basis that the monthly income of the Plaintiff exceeds the standard amount of selection in 2014 (hereinafter “instant disposition”).
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. Whether the instant disposition is lawful
A. Article 3(1)3 of the Enforcement Decree of the 1st Basic Pension Act provides that the scope of property calculated by converting the value of the property donated or disposed of to another person after July 1, 201 shall be included in the calculation of the value of the property to be converted into the income. The phrase “ July 1, 2011, which is the time when the property is deemed as property,” is without any reasonable ground, and this is null and void since the scope of income and property calculated by converting the value of the property to the income and the amount of the property to be converted into the income exceeds the limit of the delegated legislation prescribed by Presidential Decree.
2) In calculating the amount of income conversion of the Plaintiff’s property to the Plaintiff, the Defendant calculated without properly reflecting the Plaintiff’s obligation to the Korean card, the National Bank, the National Card, the New Card, and the Ballast Parent Base Limited Company, and the instant disposition is unlawful since the Plaintiff’s repayment of the obligation to the Ballast Parent Base Limited Company constitutes a case where it is proved that the amount of the disposal of the property was used by the Plaintiff for the principal or his spouse, such as repayment of the obligation. (B) The instant disposition is unlawful. (1) Whether Article 3(1)3 of the Enforcement Decree of the Basic Pension Act is invalid under Article 75 of the Constitution provides that the President may issue Presidential Decree with regard to the matters delegated by the Act.
Here, .