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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 12, 2014, the Plaintiff filed an application with the Defendant for benefits under the National Basic Living Security Act, and the Defendant, around April 17, 2014, decided to pay the Plaintiff living benefits, etc. on the condition that the Plaintiff would participate in projects necessary for self-support pursuant to Article 9(5) of the said Act.
B. On July 7, 2014, the Defendant decided to suspend the payment of the cost of living benefits to the Plaintiff for three months from July 2014 to September 2014 on the ground that “the Plaintiff was a conditional recipient who received the cost of living benefits on condition that he/she participated in self-support projects, and did not participate in the designated self-support projects even though he/she was necessarily required to participate in the self-support projects.”
(hereinafter referred to as “instant disposition”). [The grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.
2. On April 7, 2015, the Plaintiff filed the instant lawsuit with the purport that the instant disposition was made without any grounds, and thus ought to be revoked.
However, a lawsuit seeking the cancellation of an administrative disposition shall be filed within 90 days after the disposition is known (main sentence of Article 20(1) of the Administrative Litigation Act), and the period for filing the lawsuit shall be a peremptory term (Article 20(3) of the same Act): Provided, That if a party is unable to comply with it due to any cause not attributable to him/her, he/she may subsequently complete the lawsuit which has been neglected within two weeks after such cause ceases to exist pursuant to Article 173(1) of the Civil Procedure Act which is applicable mutatis mutandis pursuant to Article 8 of the same Act. Here, the reason why the party cannot be held liable refers to the reason why the party could not comply with it even though the party had paid general
In this case, the Plaintiff was served by mail (Evidence No. 3) around July 2014.