205Du9798 Revocation of Disposition of Imposing Health Insurance Premiums

Plaintiff

National Health Insurance Corporation

The attitude of the litigation performer, the same static, and Male.

Daegu High Court Decision 2005 - 570 decided July 15, 2005

June 12, 2008

The judgment of the court below is reversed, and the case is remanded to Daegu High Court.

The grounds of appeal are examined.

According to the National Health Insurance Act (amended by Act No. 8034, Oct. 4, 2006; hereinafter the same shall apply), the insured of the national health insurance is classified into an employment provided policyholder and a self-employed insured, and the employee insured becomes the employee insured (Article 6(1) and the main sentence of Article 6(2)), the employee insured’s insurance premium shall be paid by the employer, but the employee insured shall pay the insurance premium amount for the relevant month to which the employee insured belongs after deducting it from the remuneration (Article 68(3)), and the employer means the owner of the workplace to which the relevant employee belongs (Article 3 subparag. 2(a)). In light of the above provisions, the health insurance is calculated individually on the basis of the average amount of insurance premiums of each employee and his/her dependent, and the fact that the employer is obliged to pay the insurance premium under the Health Insurance Act that the employee insured is not obliged to pay the insurance premium under the Act, considering that the employee’s obligation to jointly and severally falls under an indivisible relationship with the employee insured under the Act.

The instant disposition, which made the Plaintiff pay all, cannot be deemed unlawful with respect to the part exceeding the part on which the Plaintiff is liable for the payment.

Nevertheless, solely on the grounds stated in its reasoning, the lower court determined that the instant disposition that imposed the full amount on one of the joint owners on the Plaintiff is lawful on the ground that the individual’s health insurance premium obligations are indivisible by nature. In so determining, the lower court erred by misapprehending the legal doctrine on the legal nature of the individual’s health insurance premium obligations.

Therefore, the judgment of the court below is reversed and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan

Justices Yang Sung-tae

Justices Park Si-hwan

Justices Park Il-hwan et al.