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(영문) 서울행정법원 2017.09.21 2017구합3151

보험료 부과처분 취소 등

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1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the defense prior to the merits

A. The Defendant’s assertion in this case is unlawful as it constitutes an abuse of the right of lawsuit, since it repeatedly filed a final and conclusive judgment against the same content.

B. 1) The following facts are significant in this court. ① The Plaintiff filed a suit with the Seoul Administrative Court 18 times before the instant case, seeking revocation of the imposition of insurance premiums from July 2002, and the Plaintiff also sought payment of the amount equivalent to or KRW 50-1 million. Article 5 of the National Health Insurance Act, which allowed the National Health Insurance to make the payment of insurance premiums mandatory, and demand payment of insurance premiums and disposition on default, violates the principles of a democratic state, thereby excessively restricting the freedom and rights of the people. Article 5 of the Constitution, Articles 1, 19 of the Constitution, Articles 1, 11, 17, 23, 34, and 37 of the current Constitution, and Article 20 of the National Health Insurance Act, Article 201 of the Act, which provides that the first imposition of insurance premiums from July 1, 200 to 30 of the instant case is unconstitutional, and Article 201 of the Act, 209 of the first imposition of insurance premiums, etc., 2009 and 2081 of the instant case.