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(영문) 광주지방법원 2020.10.15 2020구합206

건강보험료부과처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On December 31, 2018, the Plaintiff lost the eligibility as an employment provided policyholder by the National Health Insurance Act, and thereafter was incorporated as an employment provided policyholder.

From January 2019 to October 2019, the Defendant imposed the health insurance fee of KRW 1,390,180 in total on the Plaintiff.

On November 28, 2019, the Plaintiff reported the qualification of national health insurance as a dependent of the employment provided policyholder B, who is the Plaintiff, as the Plaintiff, and the Defendant registered the Plaintiff as a dependent of B, retroactively on November 1, 2019.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 (including the number of branch numbers; hereinafter the same shall apply), and the purport of the whole argument by the plaintiff, as a whole, stated that the data distributed by the defendant at the time of education on the National Health Insurance System of November 29, 2018, under the supervision of the defendant, stated that "it shall meet the requirements of a dependent only if annual income is not more than 34 million won," but did not state that "it is eligible to be a dependent until annual income reaches 34 million won."

Therefore, while the Plaintiff stated in the Plaintiff’s annual income in the Plaintiff’s complaint “1-year pension receipt amount,” the Plaintiff appears to mean “1-year pension receipt amount” in light of the Plaintiff’s content of claim and the purport of the entire pleadings.

This exceeds 34 million won, without reporting the qualification of the insured within 90 days from the date on which he/she loses his/her eligibility as an employment provided policyholder, he/she paid 1,390,180 won of health insurance premiums imposed from January 1, 2019 to October 2019, before the annual amount of income reaches 34 million won.

From January 2019 to October 2019, the Plaintiff, immediately after being disqualified as an employment provided policyholder, met the requirements to obtain the eligibility as a dependent of B, an employment provided policyholder, but only failed to receive information from the Defendant or made a report of the qualification as a dependent by receiving wrong information, and later made it late.