보험료반환청구
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. As to the lawfulness of the instant lawsuit, the Plaintiff asserted that the Defendant erred in ascertaining the Plaintiff’s annual income amount and imposed and collected the insurance premium based on monthly income from September to October 2013, 2012, and sought a refund of KRW 4,809,848 of the monthly income paid by the Plaintiff during the said period against the Defendant.
However, according to Article 39 of the Administrative Litigation Act, a party suit must be the defendant. The defendant is merely an administrative agency which imposed insurance premium based on monthly income on the plaintiff, not the subject of rights, but the administrative agency which imposed insurance premium based on monthly income on the plaintiff. Thus, the defendant cannot be deemed to have the eligibility
Although the court ordered the correction of the defendant and the amendment of the purport of the claim, the plaintiff expressed that he did not wish to correct the defendant or modify the purport of the claim on the second date for pleading of the case.
Therefore, the instant lawsuit is unlawful as it is against a non-qualified person.
2. As such, the instant lawsuit is unlawful and thus dismissed. It is so decided as per Disposition by the assent of all participating Justices.