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(영문) 인천지방법원 2017.06.29 2016구합999
생활수급비 등 지급 기준 재조정
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. On February 9, 2012, while the Plaintiff was designated as a recipient of national basic livelihood security and received basic living benefits, such as livelihood benefits, housing benefits, and medical benefits, the Plaintiff submitted an income declaration to the Defendant on February 9, 2012. Accordingly, the Defendant notified the Plaintiff on the same day of change in the recognized amount of income that “if the Plaintiff’s wage and salary income in wife B is paid in KRW 57,080, reduced to KRW 600,000,” and then, on July 16, 2012, the Plaintiff again notified the Plaintiff of change in the recognized amount of income.”

B. On September 30, 2013, the Defendant: (a) collected the cost of living benefits and housing benefits paid to the Plaintiff from March 20, 2013 to August 20, 2013; and (b) rendered a disposition suspending the eligibility of the National Basic Living Benefits.

C. On April 8, 2014, the Plaintiff filed an application for designation as a basic livelihood security recipient again, and the Defendant notified the Plaintiff of the suitability on April 30, 2014.

On the other hand, the Plaintiff is above B.

A lawsuit seeking the cancellation of a collection disposition as stated in paragraph (1) and a beneficiary qualification suspension disposition (In Incheon District Court 2014Guhap2151) was filed, but the lawsuit was dismissed on February 5, 2015 on the ground that the time limit for filing the lawsuit was exceeded.

(B) Around January 2016, the Plaintiff’s appeal was dismissed and finalized. (3)

On May 23, 2016, the Plaintiff filed an application with the Defendant to the effect that “The payment of the supply and demand expenses equivalent to class 1 of the National Basic Living Security recipient was made to the Defendant on the ground that there was no change in the Plaintiff’s living environment and the wife’s labor income was made, and thus, it is unreasonable to adjust the payment of the supply and demand expenses corresponding to class 1 to class 3 of the National Basic Living Security recipient.”

AB made it.

E. As to this, the Defendant shall make the Plaintiff around May 27, 2016.

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