직장가입자 자격상실처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Case summary
A. The Plaintiff is a person who owns the Gangseo-gu Seoul Metropolitan Government building B (hereinafter “instant building”).
From July 1, 2009 to the National Health Insurance Act, the Plaintiff reported that the instant building should employ workers and carry out a real estate rental business, and was classified as a "provided policyholder" under the National Health Insurance Act, and paid long-term care insurance premiums for health insurance. From January 1, 2010, the Plaintiff reported that the Plaintiff should employ C as the only employee and carry out a real estate rental business.
B. On November 2013, the Defendant continued to conduct a guidance and inspection on the instant building.
As a result, the defendant judged that C did not constitute a full-time employee in the building of this case.
Accordingly, on March 4, 2014, the Defendant rendered a guidance to the Plaintiff, stating that “C is a “non-standing employee,” and the Plaintiff constitutes a “representative of an individual workplace without workers,” and thus, should lose the Plaintiff’s eligibility as an employment provided policyholder retroactively on January 1, 2010” (hereinafter “instant guidance”).
In addition, on March 20, 2014, the Defendant imposed an insurance premium of KRW 13,610,40 (long-term care insurance premium of KRW 12,773,870) on the aggregate of KRW 14,004,80 (long-term care insurance premium of KRW 13,14,030) on the Plaintiff, when imposing an insurance premium for March 20, 2014, the Defendant imposed an insurance premium of KRW 14,004,80 (long-term care insurance premium of KRW 13,14,030) on the Plaintiff.
C. On May 19, 2014, the Plaintiff filed an objection with the Defendant on May 19, 2014, stating that “The Defendant retroactively lost the Plaintiff’s entitlement as an employment provided policyholder, a worker at the workplace operated by the Plaintiff, and revoked the disposition imposing KRW 13,610,400 on the Plaintiff from March 1, 201 to February 2014, the Plaintiff filed an objection with the Defendant, and the Defendant dismissed the Plaintiff’s objection on July 10, 2014.
On this issue, the plaintiff filed a request with the Health Insurance Dispute Mediation Committee.