피부양자자격소급적용거부처분취소
1. Of the instant lawsuit, the part seeking the revocation of the disposition imposing insurance premiums from March 2008 to February 2015.
1. Details of the disposition;
A. From July 7, 1999, the Plaintiff maintained the eligibility of an individually insured person of the National Pension Service, and the Defendant imposed monthly insurance premium on the Plaintiff.
B. On March 16, 2015, the Plaintiff acquired the eligibility of the dependent B, an employment provided policyholder, as the dependent.
C. On June 12, 2015, the Plaintiff filed an objection with the Defendant to the effect that “Inasmuch as an application for the Plaintiff’s eligibility as a dependent was delayed due to erroneous guidance by Defendant employees regarding the qualifications of dependent, the Plaintiff’s eligibility as a dependent was retroactively recognized as of May 1, 2007, and the Defendant’s disposition of imposition of insurance premiums from May 1, 2007 to March 2015, which was imposed by the Plaintiff, was revoked,” but the Defendant dismissed this on July 9, 2015.
On February 3, 2016, the Plaintiff appealed to the Health Insurance Dispute Mediation Committee, but the said Committee dismissed it.
[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings
2. After the Plaintiff’s assertion on September 9, 2005, the Plaintiff, who became eligible as a dependent of the same birth, was asked from March 2008 to the Defendant several times on the acquisition of the eligibility as a dependent of the same birth. However, each time, the Defendant employee responded that the Plaintiff was unable to obtain the eligibility as a dependent of the same birth due to the Plaintiff’s marriage history, and the Plaintiff did not report the qualification as a dependent on March 16, 2015.
As such, since the defendant's wrong guidance leads to delayed application of the plaintiff's dependent eligibility, the plaintiff's dependent eligibility should be recognized retroactively as of March 1, 2008, and the defendant's disposition of insurance premium from March 1, 2008 to March 2015 should be revoked.
3. The attachment to the relevant Acts and subordinate statutes shall be as specified;
4. Whether the lawsuit of this case is legitimate
A. The Defendant’s main defenseal Plaintiff on June 12, 2015 is the Defendant on June 12, 2008.