부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The gist of the Plaintiff’s claim is the self-employed insured of the National Health Insurance Act, and the amount of health insurance is excessive even without any income. As such, the Defendant should retroactively change the Plaintiff’s medical insurance fees into KRW 50,000 per month, and refund KRW 3,557,370 to the Plaintiff for 59 months.
In addition, since husband B died around February 2009, her husband B requested payment of the death refund as additional benefit under the National Health Insurance Act.
2. One-time stand, and Article 69(5) of the National Health Insurance Act provides that "the amount of monthly insurance premium of an individually provided policyholder shall be calculated as a unit of household, but the amount of monthly insurance premium for the household to which the individually provided policyholder belongs shall be calculated by multiplying the contribution point calculated under Article 72 by the amount per contribution point under Article 73(3)." Article 72(1) of the same Act provides that "the contribution point referred to in Article 69(5) shall be determined by considering the income, property, living standards, participation rate in economic activities, etc. of the locally provided policyholder, and the upper and lower limit may be determined in accordance with the criteria prescribed by
However, according to the purport of the Plaintiff’s evidence No. 1 and the oral argument, the Defendant may acknowledge the fact that the Defendant calculated the health insurance premium by taking into account the Plaintiff’s property (real estate and automobiles), and there is no evidence to prove that the Plaintiff’s health insurance premium was calculated unfairly as alleged by the Plaintiff. Thus, the Plaintiff’
In addition, Article 45 of the National Health Insurance Act (amended by Act No. 9022 of March 28, 2008) provides that in addition to the health care benefit prescribed in this Act, the defendant may provide funeral costs, sickness allowances, and other benefits as prescribed by Presidential Decree, and Article 25 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 20461 of December 27, 2007) provides that the insured or his/her dependent dies, the person who performs the funeral service.