사회복지서비스및급여제공신청부적합처분에대한행정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The reasons for the disposition are as follows: (a) the Plaintiff (B) is living together with D as a person other than marriage, not married, in the Plaintiff’s family relation register. The Plaintiff’s spouse or children are not registered.
On April 20, 2017, the Plaintiff filed an application with the Defendant for livelihood benefits, housing benefits, and medical benefits under the National Basic Living Security Act through D.
The head of Bupyeong-si E head of Dong requested D to submit data, etc. necessary for investigating the Plaintiff’s benefit application in relation to the Plaintiff’s benefit application to D on May 17, 2017 and on June 2, 2017, and D did not submit such data.
On June 30, 2017, the Defendant issued a decision to dismiss the Plaintiff’s application for benefits pursuant to Article 22(8) of the National Basic Living Security Act (hereinafter “instant disposition”) on the ground that the Plaintiff requested D, a person obligated to support, to submit data necessary for investigating the person obligated to support, etc., but D did not submit such data.
[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence Nos. 2, 5, and 6, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Article 2 subparag. 5 of the National Basic Living Security Act and Article 2 subparag. 6 of the Housing Benefits Act provide that “a person responsible for supporting a beneficiary, who is a lineal blood relative of the first degree of beneficiary and his/her spouse,” with respect to a person responsible for supporting the beneficiary,” and the Plaintiff did not have a “dive blood relative of the first degree of relationship” in the family relations register, and thus, there is no obligatory provider. Therefore, the instant disposition taken by deeming D as a person responsible for supporting
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. Article 2 subparag. 5 of the National Basic Living Security Act and Article 2 subparag. 6 of the Housing Benefits Act provide that "a person who is responsible for supporting a beneficiary is a lineal blood relative of the first degree of beneficiary and his/her spouse" with regard to a person responsible for supporting the beneficiary, and thus, the concept of " lineal blood relative" is based on the premise that he/she is legally responsible for supporting the beneficiary