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(영문) 서울고등법원 2015.03.20 2014누62793

피부양자자격상실처분취소및지역건강보험료부과처분취소

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1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 3, 9, 11, 23, and Eul evidence Nos. 5 and 6 (including the serial numbers; hereinafter the same shall apply), with a view to the whole purport of the pleadings:

From November 3, 2009, the Plaintiff lost the Plaintiff’s dependent eligibility as “spouse without income” of the National Health Insurance-provided policyholder B, which is the employee insured of the National Health Insurance, and is an employee insured’s dependent status. However, around November 2012, the Defendant, who was provided by the National Tax Service with the income data belonging to the year 201 by the Plaintiff from the National Tax Service, was recognized as business income belonging to the year 2011, on the ground that “the Plaintiff was registered as a business operator, and is recognized as business income belonging to the year 3,5310,000 won.”

(hereinafter “instant disposition of deprivation of qualification”). (b)

The Defendant recognized the Plaintiff as an individually insured person, and imposed and collected the following premiums (hereinafter “each of the instant premiums”) on the Plaintiff pursuant to Article 69(5) of the National Health Insurance Act, Articles 8(2) and 9(1) of the Long-Term Care Insurance Act, and Article 4 of the Enforcement Decree of the same Act.

The Defendant imposed and collected each of the instant insurance premiums, and notified the Plaintiff of the following amount after the lapse of the payment deadline:

(2) The amount of the premium and the amount of the premium after the due date shall be deemed to be the amount of arrears. < Amended by Presidential Decree No. 23420, Oct. 21, 2013; Presidential Decree No. 24420, Oct. 21, 2013; Presidential Decree No. 24470, Oct. 23, 2013; Presidential Decree No. 24470, Oct. 24, 2013; Presidential Decree No. 24447, Oct. 23, 2013; Presidential Decree No. 24470, Oct. 24, 2013; Presidential Decree No. 24447, Oct. 24, 2013; Presidential Decree No. 244475, Feb. 21, 2013; Presidential Decree No. 24475, Oct. 23, 2014; Presidential Decree No. 2444530, Feb. 201, 201, 201, 207>

C. Meanwhile, the Plaintiff did not pay the instant insurance premium.