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(영문) 서울고등법원 2017.12.22 2016누36422

건강독촉보험료부과처분취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Details of the disposition

The Defendant recognized the Plaintiff as an individually insured person of the National Health Insurance from April 2008 to May 2010, and from December 2012 to August 2015, 2015. Around the 20th day of each month, the Defendant imposed a notice on the Plaintiff on the health insurance premium under the National Health Insurance Act and long-term care insurance premium under the Act on Long-Term Care Insurance for the Aged, as shown in the attached Table 1.

(hereinafter referred to as “each of the instant insurance premiums” in the attached Table 1 List. The Plaintiff did not pay each of the instant insurance premiums by the payment deadline for each of the instant insurance premiums, and accordingly, the Plaintiff incurred each of the instant insurance premiums, such as arrears in the attached Table 1.

[Reasons for Recognition] Facts without dispute, the purport of the whole pleadings, as shown in attached Form 2 of the relevant statutes.

We examine whether the part of the lawsuit in this case seeking revocation of the disposition imposing arrears is legitimate, and whether the part of the lawsuit in this case seeking revocation of the disposition imposing arrears is legitimate.

The plaintiff sought revocation of the arrears of each insurance premium in this case, but the amount of arrears added to the interest for arrears if a person liable to pay the insurance premium fails to pay the insurance premium by the due date, Article 80 (1) of the National Health Insurance Act provides that "if a person liable to pay the insurance premium, etc. fails to pay the insurance premium by the due date, the Corporation shall collect arrears equivalent to 3/100 of the insurance premium, etc. in arrears from the date on which the due date for payment expires," and Article 80 (2) of the National Health Insurance Act provides that "if a person liable to pay the insurance premium, etc. fails to pay the insurance premium, etc. by the due date, the Corporation shall collect arrears equivalent to 1/100 of the insurance premium, etc. in arrears plus arrears under paragraph (1) whenever