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(영문) 부산지방법원 2018.07.13 2017구합3572
기초수급자 생계급여중단처분취소
Text

1. The Defendant’s disposition of collecting the cost of livelihood security against the Plaintiff on September 11, 2017 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

As a beneficiary of basic livelihood security under the National Basic Living Security Act, the Plaintiff received monthly livelihood benefits and housing benefits from the Defendant from October 1, 200.

On June 23, 2017, when the Plaintiff received a written petition to the effect that the basic livelihood security cost is being illegally supplied, the Defendant conducted a field investigation. Based on the result, on August 24, 2017, the Defendant notified the Plaintiff of the collection of KRW 14,267,240 of the unlawful amount of the livelihood security cost (=12,696,290, residential benefits 1,570,950,950) due to the following reasons, under Article 46 of the former National Basic Living Security Act (amended by Act No. 14880, Sep. 19, 2017; hereinafter “former Basic Living Security Act”) and Article 41 of the same Act, and Article 41-3 of the Enforcement Rule of the same Act, and notified the Plaintiff of the collection of the cost of living benefits to the Plaintiff on September 11, 2017.

(hereinafter “instant disposition”). 1. Collection of the cost of guaranteeing the non-exclusive recipient of the proposed disposition;

3. Facts constituting the cause of disposition - Business income generated by operating a restaurant without permission from September 2014 to June 2015, but not reported income - Non-reported income - operated a Dong business and a B restaurant with business registration registered independently from July 2015 to March 2016, but not reported income - Non-reported income - Non-reported income - Unreported income - From September 2014 to June 2017 by entering into a contract on pursuant to a sub-lease contract with C during the period from April 2016 to June 2017, but the illegal receipt period: 14,267,240 won (living benefits/residential benefits).

4. Collection of expenses incurred in guaranteeing the details of the intended disposition.

5. The Defendant, from September 20, 2017, collects the cost of guaranteeing unjust recipients who deducts KRW 491,970 per month from the cost of living benefits and housing benefits of the Plaintiff from September 20, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2, Eul evidence 6, Eul evidence 8.

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