정산 보험료 부과처분 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On October 2016, the Defendant reflected the Plaintiff’s corrective income in 2013 and imposed KRW 5,815,540 on the Plaintiff’s settlement insurance premium from November 2014 to October 2015 (hereinafter “instant settlement insurance premium”).
(hereinafter “instant disposition”). (b)
The Plaintiff filed an objection with the Defendant on June 21, 2017, but the Defendant rejected the Plaintiff’s objection on the ground that the period for filing an objection expired on August 25, 2017.
The Plaintiff filed a petition for a trial with the Health Insurance Dispute Mediation Committee, but the Health Insurance Dispute Mediation Committee rejected the Plaintiff’s petition for a trial on the ground that the petition is unlawful as long as the period of filing a petition for objection has expired on December 29, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings
2. Determination as to the defendant's defense prior to the merits
A. The lawsuit in this case is unlawful with the lapse of the filing period.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. In full view of the provisions of Articles 18(1) and 20(1) of the Administrative Litigation Act, and Articles 87, 88, and 90 of the National Health Insurance Act, when the other party to a disposition selects the method of immediately filing a revocation suit against a disposition with the knowledge of the existence of an administrative disposition, a revocation suit shall be instituted within 90 days from the date on which the disposition becomes known, and when the other party selects the method of filing an objection, an objection shall be filed within 90 days from the date on which the notice of disposition is known, and an administrative appeal
Therefore, in case where no lawsuit for revocation is filed within 90 days from the date when the disposition is known, and no lawsuit for revocation is filed, the subsequent lawsuit for revocation is unlawful.
Any action shall be brought within 90 days from the date on which the disposition becomes known.