기초연금수급자 지위확인등
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs received basic pensions from the Defendant.
B. On October 21, 2015, the Defendant: (a) on October 21, 2015, and (b) on the changes.
1. As a result of confirmation of a regional pension (a lump-sum retirement pension for public officials, lump-sum retirement pension for special post offices, implementation of a special post office retirement pension, etc.), the basic pension amount is applied from October to 10 as a result of reduction and suspension of 50%.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. Determination as to the legitimacy of the claim for confirmation of the status of a recipient of basic pensions among the instant lawsuit
A. Since the Administrative Litigation Act does not provide for the benefit of a lawsuit against a party suit under public law, the Civil Procedure Act applies mutatis mutandis to the benefit of a party suit (Article 8(2) of the Administrative Litigation Act). Accordingly, the lawsuit for confirmation, which is a party suit under the Administrative Litigation Act, is recognized only when it is the most effective means to obtain a judgment of confirmation in order to eliminate the Plaintiff’s right or status unstable and danger, and to eliminate such apprehension and danger (see, e.g., Supreme Court Decision 2008Da60568, Sept. 24, 2009).
Article 10(1) of the Basic Pension Act provides that a person who intends to receive a basic pension or his/her agent prescribed by Ordinance of the Ministry of Health and Welfare may apply for the payment of a basic pension to a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. Article 13(1) of the Basic Pension Act provides that a Special Self-Governing City Mayor, Special Self-Governing Province Governor,
In full view of these provisions, only those satisfying the requirements for payment of basic pensions as prescribed by the Basic Pension Act are beneficiaries, not just a specific right to receive basic pensions, but a Metropolitan Autonomous City Mayor at the request of a beneficiary.