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(영문) 서울행정법원 2020.04.16 2020구합1063

보험료부과처분취소및 손해배상청구

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Before the instant case, the Plaintiff filed a lawsuit seeking revocation by collecting a monthly amount of health insurance premium imposed by the Defendant on the Plaintiff each month prior to the instant case, and filed a lawsuit over 25 times as the details of the lawsuit, and some of them sought the payment of damages.

Article 5 of the National Health Insurance Act, which provides that the causes of each lawsuit are subject to compulsory purchase of national health insurance and payment of insurance premiums, demands for the unpaid payment of insurance premiums, and dispositions on default, is in violation of the principles of a democratic state, and thus excessively limits the freedom and rights of the people, and thus, in violation of the Constitution’s full text, Articles 1, 10, 11, 17, 23, 34, 37, and 119, and thus, unconstitutional, the imposition of insurance premiums is unlawful.

[Attachment of Lawsuit 208Guhap874 - 2002.7 and 208.2 of the Seoul Administrative Court - the insurance premium after Oct. 9, 2008 - Seoul High Court 2008Nu1952, Nov. 27, 2008, Seoul High Court 2008Du22860, Feb. 12, 2009 - Seoul Administrative Court 2008Da2692.3 and 201.6.3 and 6.4.209. 208. 201. 207. 201. 209. 3 and 201. 208. 201. 208. 201. 3 and 201. 201. 3 and 201. 209. 3 and 201. 204. 3 and 201. 3 and 201. 3. 204. 201. 2. 20. 204. 2 and 2. 2. 2