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(영문) 의정부지방법원 2016.07.05 2015구합1651
기초연금부적합결정 및 장애인연금부적합결정 취소
Text

1. On March 12, 2015, the Defendant’s decision to incorporate the disabled persons’ pension pension as of March 12, 2015, and March 14, 2015, that the Plaintiff provided.

Reasons

1. Details of the disposition;

A. On January 15, 2015, the Plaintiff: (a) was a person aged 65 or older, who falls under the class 1 for the visually disabled; (b) applied for the payment of a basic pension under Article 10 of the Basic Pension Act; and (c) applied for the payment of a disability pension under Article 8 of the

B. As a result of the investigation into income property on July 30, 2014, the Defendant: (a) deemed the Plaintiff’s financial property of KRW 338,574,00 (261,842,00 for other property of gift) and the spouse’s financial property of KRW 396,00,000 for general property; and (b) deemed the amount as KRW 134,000 for the Plaintiff’s monthly income calculated pursuant to Article 2 subparag. 4, etc. of the Basic Pension Act to exceed KRW 1,48,00 for the standard amount selected.

Accordingly, on March 14, 2015, the defendant notified the plaintiff of the decision that social welfare services and benefits (basic pensions) are inappropriate and notified on March 12, 2015.

(hereinafter “each disposition of this case”). (c)

The Plaintiff was dissatisfied with each of the dispositions in this case and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on July 8, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 23-1, 2, 25-2, 3, Eul evidence Nos. 7 and 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff alleged that he/she concluded a lease agreement on behalf of B when his/her husband and wife B leases 102, 103, 300,000,000 won (hereinafter “instant apartment”), and borrowed the above money from B by promptly receiving the lease deposit from the lessee. On July 4, 2014, the Plaintiff returned the above money to B.

Therefore, the defendant should calculate the plaintiff's recognized amount of income, excluding the above KRW 185,00,000, and each of the dispositions of this case issued on a different premise is unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

(c) Evidence A 1 to 8, evidence 1 to 4-1, evidence 5-1, 2, 7-6, evidence 8-1 to 6, 9, evidence 10 to 14, and evidence 17.

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