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(영문) 청주지방법원 2015.10.08 2015구합696
국민건강보험료과다청구처분에대한취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a self-employed insured who is in the same household as his child B and C.

B. The Defendant imposed on the Plaintiff’s household KRW 95,60,00 each of the health insurance premiums in November, 2014, and December ( KRW 89,730, a long-term care insurance premium of KRW 5,870), and KRW 96,900 each of the health insurance premiums in January and July 2015 (long-term care insurance premium of KRW 90,950, a long-term care insurance premium of KRW 5,950) on the Plaintiff’s household.

(hereinafter referred to as “each disposition of this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 3, 7, and Eul evidence No. 2, and the purport of the whole pleadings.

2. Whether each of the dispositions of this case is legitimate

A. Each of the dispositions of this case by the Defendant against which the Defendant imposed excessive health insurance fees compared to the Plaintiff’s assertion is unlawful.

(b) Attached Form 2 of the relevant statutes;

C. 1) Article 69(5) of the National Health Insurance Act provides that the amount of monthly insurance premiums of a locally provided policyholder shall be calculated on a unit basis, but the amount of monthly insurance premiums of a household to which a locally provided policyholder belongs shall be calculated by multiplying the amount of insurance premiums imposed pursuant to Article 72 of the same Act by the amount of premiums imposed pursuant to Article 73(3) of the same Act. Article 72(1) of the same Act provides that an insurance premium imposition rate under Article 69(5) of the same Act shall be determined by considering the income, property, living standards, participation rate in economic activities of a locally provided policyholder; however, Article 72(3) of the same Act provides that the upper and lower limit may be determined in accordance with the standards prescribed by Presidential Decree; and Article 72(3) of the same Act provides that matters necessary for calculating the imposition rate of insurance premiums shall be prescribed by Presidential Decree. Article 42(3) of the Enforcement Decree of the National Health Insurance Act shall be considered as property subject to property tax under Article 105 of the Local Tax Act.

In addition, the National Health Insurance Act.

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