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(영문) 서울행정법원 2015.07.23 2015구합998

국민건강보험료체납보험료청구취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

From November 1, 1997 to December 2, 2003, the Plaintiff did not pay a total of KRW 1,565,240 (i.e., premium of KRW 1,359,200) for health insurance premiums under the National Health Insurance Act and long-term care insurance premiums under the Long-term Care Insurance Act, which the Defendant imposed every month (i.e., premium of KRW 203,040).

The Plaintiff lost eligibility as an individually insured person due to unknown domicile on December 30, 2003, but again acquired eligibility as an individually insured person on November 30, 2012. From April 2014 to September 2014, the Plaintiff did not pay health insurance premiums and long-term care insurance premiums each month imposed by the Defendant.

On December 15, 2000, the Defendant decided to restrict the insurance benefits of the Plaintiff until the Plaintiff paid in full the health insurance fees in arrears, and notified the Plaintiff of the aforementioned purport.

On December 10, 2004 and December 13, 2004, the Plaintiff received medical treatment using the health insurance, and the Defendant paid the amount of KRW 69,770 in total to the health care institution, and then notified the Plaintiff of the payment of other collected amount of KRW 69,770 (unlawful gains) on March 3, 201.

On December 18, 2007, the Plaintiff received medical treatment using the health insurance again, and the Defendant paid the amount of KRW 7,060 to the medical care institution on January 31, 2008, and notified the Plaintiff of the payment of the amount of KRW 7,060 as well as other amount of money collected (illegal gains) on April 9, 2013.

On July 31, 2014, the Plaintiff paid to the Defendant the sum of KRW 76,00,000 for other collected money and arrears described in the foregoing Paragraph (c). On November 10, 2014, the Plaintiff paid KRW 2,230,870 in total, and KRW 7,690 in total, from November 1, 2097 to December 2003, and from April 2014 to September 2014, and from April 2014 to September 2014, the Plaintiff paid KRW 2,230,870 in total, and other collected money and arrears described in the foregoing Paragraph (d).

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2, 4 through 7, and 12, and the purport of the entire pleadings, and the whole purport of the lawsuit of this case, which sought revocation of the disposition imposing delinquent insurance premiums among the lawsuits of this case.