기타징수금 부과처분 취소
1. The plaintiffs' appeal is dismissed.
2. The plaintiffs dismiss all the lawsuits for the part added in the trial.
3...
1. The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not different from the allegations in the court of first instance, and the fact-finding and judgment in the court of first instance are
Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the judgment below with respect to the plaintiffs' lawsuits added in the trial, and therefore, it is consistent with the reasoning of the judgment of the court of first instance.
2. Determination on the legality of the lawsuit added by the plaintiffs in the trial
A. On April 6, 2017, after the filing of the instant lawsuit against the Plaintiffs, the Defendant recovered the Plaintiff’s charge (Plaintiff A32,170 won, Plaintiff B219,710 won) on the part of which medical treatment was provided during the period of payment restriction, and notified the Plaintiffs of the collection of other collection charges.
(B) Nos. 2 and 5, the purport of the entire pleadings, and each of the instant redemption dispositions (hereinafter referred to as “each of the instant redemption dispositions”).
The plaintiffs asserted that the plaintiffs, around November 25, 2013, paid all delinquent insurance premiums by the Seoul Western District Court Decision 2013No. 4802 (Seoul Western District Court Decision 1,270,280) such as deposit for repayment of delinquent insurance premiums of KRW 1,270,280, but the defendant notified each of the instant redemption dispositions on the grounds that delinquent insurance premiums were accrued while imposing double insurance premiums, and each of the instant redemption dispositions was made. The plaintiffs asserted that this should be revoked as it is illegal, and added a lawsuit seeking revocation of each of the instant redemption dispositions
C. Article 90 of the National Health Insurance Act provides, “A person who has an objection to a disposition made by the Corporation or the Review and Assessment Service or who is dissatisfied with a decision on an objection filed under Article 87 or a request for trial filed under Article 88 may institute an administrative litigation in accordance with the Administrative Litigation Act.” Article 20(1) and (2) of the Administrative Litigation Act provides, “The administrative litigation filed within 90 days after the person becomes aware of the disposition, etc.