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(영문) 서울행정법원 2017.05.25 2016구합9312
보험료부과처분취소 및 손해배상
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Determination on this safety defense

A. The Defendant’s assertion in this case is unlawful as it constitutes an abuse of the right of lawsuit, since it repeatedly filed a final and conclusive judgment against the same content.

B. The following facts are significant in this court. ① The Plaintiff filed a suit with the Seoul Administrative Court 17 times before the instant case, seeking revocation of the imposition of insurance premiums from July 2002, or sought payment of damages of KRW 50-1 million. Article 5 of the National Health Insurance Act, which allowed the payment of insurance premiums by mandatory subscription to national health insurance and payment of insurance premiums at KRW 30-1 million, violates the principle of a democratic state, thereby excessively restricting the freedom and rights of citizens, and thus violating the Constitution of the Republic of Korea and Articles 1, 11, 17, 23, 34, and 37 of the current Constitution, Article 20-1 of the National Health Insurance Act, and Article 5 of the same Act, Article 5 of the National Health Insurance Act, which provides that the first imposition of insurance premiums at KRW 30-1,500,000,000,000,0000,000,000,000) were 20-1,2971,07

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