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(영문) 인천지방법원 2018.11.30 2017구합53570

사회보장급여 부적합결정처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On March 28, 2017, the Plaintiff filed an application for social security benefits with the Defendant for livelihood and medical care benefits.

On June 7, 2017, the Defendant recognized the Plaintiff’s recognized amount of income as follows, and thus, determined the lack of social security benefits on the ground that the standard for the selection of recipients by each benefit (the cost of living benefits is 30% of the standard median income, 495,879 won per single-person household, and the medical benefits is 661,172 won as the standard median income, and housing benefits is 43% of the standard median income, and 710,760 won as the standard median income):

(hereinafter referred to as “instant disposition”). The assessed amount of income: Amount of private transfer income of KRW 1,793,538 per month: Amount of KRW 300,00 per month: Amount converted into property of KRW 1,493,538 (subsidies such as deposits from April to March 2016) (amount of KRW 7,300,700: Housing of KRW 53,000,000: Financial property of KRW 151,92,000 (as of January 31, 2017): Amount of KRW 702,730 (liability of KRW 50,000,000, KRW 1,000, KRW 1,498c): Amount of KRW 00,000 per month: Amount of loans, KRW 00,000, KRW 200, KRW 937,984,208, KRW 209, KRW 309,737,987, etc.).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 8, and 9 of the evidence Nos. 1, 1-1, 8, and 9, and the purport of the whole oral argument of this case is legitimate. The defendant asserted that the plaintiff's action of this case was legitimate, ① although the plaintiff stated that the plaintiff had a high blood pressure with urology at the time of applying for social security benefits, the plaintiff had ability to work for the plaintiff without any investigation accordingly. ② The plaintiff's Banae Eul and Manae C evaluated the termination of the insurance, refund money, insurance money, etc. purchased under the plaintiff's name as the plaintiff's private transfer income, thereby restricting the plaintiff

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 8 (2) of the National Basic Living Security Act.