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(영문) 수원지방법원 2021.02.18 2020구합1330

조건부 기초생계급여 결정처분 무효확인의 소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On January 22, 2020, the Plaintiff filed an objection against the determination of exclusion from social security benefits (non-conformity) and the result thereof (1) filed an application for basic livelihood security benefits under the National Basic Living Security Act at the time of Mapopopo-si, 2020.

2) On March 1, 2020, the Defendant notified the Plaintiff on April 6, 2020 of the decision to exclude the subject of social security benefits (non-conformity) on the ground of “the non-self-support ability of the support” on the ground that “the non-support ability of the support exceeds the standard for the converted amount of income of the non-resident’s property and the estimated amount of household income of the second children (27,07,316 won) and of the third children (C) (6,414,178 won).

3) On April 28, 2020, the Plaintiff filed an objection against the Gyeonggi-do branch office on the ground that the decision to exclude the above social security benefits was unfair. However, the Gyeonggi-do branch office dismissed the above objection on May 20, 2020.

On July 14, 2020, the Plaintiff appealed to the above dismissal decision and again filed an objection with the Minister of Health and Welfare, and the Minister of Health and Welfare accepted the Plaintiff’s assertion and rendered a decision that “the Gyeonggi-do branch office revoked the decision to dismiss the objection against the Plaintiff on May 20, 2020.”

B. On July 28, 2020, on the basis of livelihood benefits on the starting date of livelihood benefits based on the livelihood security benefits for the Plaintiff (general) as to the provision of social security benefits, and on the basis of the provision of basic medical benefits (general), on December 28, 2020, and on December 10, 2018, the Defendant issued a notice to the effect that on July 28, 2020, the Plaintiff was determined as the recipient of the basic livelihood security benefits for the Plaintiff on the following basis: (a) cash-deposit basic housing benefits (cash - monthly rent); and (b) the Defendant decided as the recipient of the basic livelihood security benefits for the Plaintiff on July 28, 2020.

(c)

The fact that the defendant's decision on the collection of living expenses is based on the notification of the decision on the collection of living expenses - the father-A shall give priority to the vulnerable class.