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(영문) 인천지방법원 2016.12.16 2016구합203
부양가족불이행의 행정처분취소 및 압류취소
Text

1. Of the instant lawsuit, ① the Defendant’s Plaintiff on November 19, 208, ② March 2, 2009, ③ June 12, 2013, ④ June 2014.

Reasons

1. Details of the disposition;

A. On November 24, 1993, the Plaintiff married with B, but divorced on October 9, 2002.

There are C(D) and E(F)(hereinafter referred to as “C, etc.”) between the Plaintiff and B, and at the time of divorce, C, etc. is designated as the exerciseer and guardian of parental authority, such as C, etc. at the time of divorce, and thereafter C, etc. is living together with B.

B. On April 14, 2005, the Defendant designated C et al. as a recipient of livelihood benefits, housing benefits, etc. under the National Basic Living Security Act.

C. In accordance with Article 46 of the National Basic Living Security Act, the Defendant: (a) as the Plaintiff was in the unemployed on January 16, 2006, was reinstated on the ground that he/she failed to perform his/her duty to support even though he/she had the ability to support; (b) as to the Plaintiff on November 19, 208; (c) as to March 272, 2009; (d) ③ as to June 12, 2013; (d) KRW 638,120; (e) KRW 834,09; and (v) KRW 8,60,470 on August 27, 2015; and (v) KRW 19 through 40 on July 4, 2016; and (e) as to each of the above dispositions, the Defendant’s assertion that each of the instant measures should be taken including the specific number of KRW 17,70 on the ground that each of the instant measures should be taken (hereinafter referred to as “the grounds for collection”).

2. Determination as to the legitimacy of the part concerning each disposition of November 19, 2008 among the instant lawsuit, March 2, 2009, June 12, 2013, and June 18, 2014

A. Article 20(2) of the Administrative Litigation Act provides that “A revocation suit shall not be instituted after the lapse of one year from the date of the disposition, etc., except where there is a justifiable reason.”

B. According to the purport of each of the statements and arguments in the evidence Nos. 4, 6, 8, 9, and 19 as well as the entire purport of the pleadings, the defendant sent to the plaintiff a notice for payment of each of the dispositions issued on Nov. 19, 2008, Mar. 2, 2009, Jun. 12, 2013, and June 18, 2014, and received by the plaintiff around that time.

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