보상금등지급신청기각결정취소
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 7, 2014, the Plaintiff applied for a basic pension to the Defendant.
B. On September 5, 2014, the Defendant decided not to pay a basic pension on the ground that the recognized amount of income exceeds KRW 1,392,000 in the standard amount of selection in the year 2014.
(hereinafter referred to as “instant refusal disposition”). [Grounds for recognition] The non-contentious facts, entry of Gap’s evidence 1, and the purport of the whole pleadings.
2. Whether the rejection disposition of this case is legitimate
A. The plaintiff's assertion 1) procedural defects include assets that can not create cash flow, such as one house per household, farmland, etc. in the Enforcement Decree of the Basic Pension Act by comprehensively delegating the basic pension law without setting clear criteria for calculating the amount of deemed income under the basic pension law, and the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State (hereinafter referred to as the "Act on Persons of Distinguished Services to the State") in calculating the amount of deemed income, on the grounds that the defendant presented abstract reasons for the refusal disposition in this case and did not disclose the grounds for calculating the relevant statutes and the amount of deemed income. Accordingly, the procedural defects of the refusal disposition in this case are unlawful.
the compensation and part of the allowances are included under this subsection.
As a result, Articles 3(1) and 2(4) of the Basic Pension Act violate the right to equality by equally treating persons in need of beneficiary birth, persons holding non-profitable assets, persons who have rendered distinguished services to the State, persons who have rendered distinguished services to the State, and persons who do not do so without reasonable grounds, and the Act on Persons of Distinguished Services to the State excludes the receipt of basic pensions on the ground that compensation is paid
violates the right to life.
In addition, the recognized income is specified.