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Unlawful Order Denying the Right to Receive a Rent Subsidy
Unlawful Order Denying the Right to Receive a Rent Subsidy

The Plaintiff notified the Defendant No.3 that she would like to return official accommodation because it was not suitable to reside. She instead requested a rental subsidy from the Defendant No.3. The Commander only accepted the return of the house yet disapproved the request. The Plaintiff brought this case to the Administrative Court, claiming that the order of the Defendant No.3 not approving the rent payment was unlawful. The Supreme Administrative Court held that considering the reasonable person standard, the Defendant No.3 provided the inappropriate house to the Plaintiff. The allocation of accommodation was not in accordance with Clause 6 paragraph one of the Rule and Procedure on Management of Official Accommodation. Additionally, it was considered that the Defendant No.3 failed to comply with Clause 3 paragraph one (1) of the Rule and Procedure requiring the government to grant accommodation to an official. Therefore, the Plaintiff was entitled to a rental reimbursement under Section 7 paragraph one of the Royal Decree on a Rent Subsidy Provided to a Civil Servant. The mentioned order, denying the right to receive a Rent Subsidy, was unlawful. The Court revoked the order and ordered the revocation thereof to be in effect retrospectively on the day the order was issued.

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