피부양자 자격 소급적용 거부처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 18, 2010, the Plaintiff lost the eligibility as the National Health Insurance policyholder and thereafter was incorporated as the self-employed insured. On January 18, 2016, the Plaintiff was exempted from the obligation to pay health insurance from the time of reporting the qualification as the insured of the National Health Insurance as a dependent of the insured B, who is the Plaintiff’s child.
B. On June 16, 2017, the Defendant notified the Plaintiff that the insurance benefits would be restricted pursuant to Article 53(3) of the former National Health Insurance Act (amended by Act No. 14776, Apr. 18, 2017; hereinafter the same) on the ground that “the Plaintiff was delinquent in paying KRW 2,713,440 for 15 months’ health insurance from November 2014 to January 2016.”
(hereinafter “instant disposition”). C.
On June 23, 2017, the Plaintiff received the notice of the instant disposition and filed an objection to the Defendant on the same day.
According to the written objection, the subject of the objection is that “the content of the disposition: the health insurance premium amounting to 15 months from November 2014 to January 2016, 2016: 2,743,440 won; and the date of the delivery of the disposition: June 23, 2017.” The reason for the objection is that “The Plaintiff was entitled to obtain the status of the dependent of the Plaintiff’s child B’s employment provided policyholder (from the time when the Plaintiff lost the status of employment provided policyholder), but it was not recognized as the dependent solely on the fact that the Plaintiff did not immediately report, and it was improper to treat the health insurance premium in arrears for 15 months as the self-employed insured, and thus, request relief.”
On January 18, 2016, when the plaintiff filed a report on the qualification of National Health Insurance as a dependent of an employment provided policyholder, the defendant objection committee recognizes that the defendant applied for and rejected the retroactive recognition of the qualification. The purport of the above objection is to apply the above qualification of the dependent of the employment provided policyholder retroactively on March 18, 2010. The defendant's refusal disposition is issued against the defendant's application to apply the above qualification of the dependent of the employment provided policyholder retroactively on March 18, 2010.