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(영문) 서울행정법원 2015.12.03 2015구합6958
피부양자자격소급적용거부처분취소
Text

1. The part of the claim for cancellation of the decision to dismiss the lawsuit in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Details of the disposition;

A. The Plaintiff, as a locally provided policyholder under the National Health Insurance Act, paid the health insurance fee to the Defendant from October 1998 to May 201.

In addition, when the long-term care insurance system under the Long-Term Care Insurance for the Aged was implemented on July 1, 2008, the Plaintiff, at that time, was a national health insurance policyholder pursuant to Article 7 (3) of the former Long-Term Care Insurance Act (amended by Act No. 8403 of Apr. 27, 2007 and enforced on July 1, 2008) and paid long-term care insurance premiums to the Defendant from July 2008 to May 201.

B. On June 13, 2011, the Plaintiff filed an application with the Defendant for the recognition of the insured status as the dependent from October 1, 1998, where B, his/her dependent, acquired the insured status as an employment provided policyholder.

However, on June 13, 2011, the Defendant rejected the Plaintiff’s application to recognize the Plaintiff’s dependent status retroactively on October 1, 1998, but rendered a disposition to recognize the Plaintiff’s dependent status from June 13, 201 to the Plaintiff.

(hereinafter “instant disposition”). The Plaintiff, pursuant to Article 62(2) of the former National Health Insurance Act (amended by Act No. 11041, Sept. 15, 201; hereinafter “former National Health Insurance Act”), did not pay health insurance premiums and long-term care insurance premiums from July 2011, which is the month following the month in which the date on which he/she acquired the eligibility of a dependent (amended by Act No. 11041, Jun. 13, 2011) falls.

C. On November 17, 2014, the Plaintiff dissatisfied with the instant disposition, and filed an objection against the Defendant, the Defendant rendered a decision to dismiss the Plaintiff’s objection on the ground that the period for filing an objection expires on December 3, 2014, and is unlawful.

On December 19, 2014, the Plaintiff appealed against the foregoing decision to dismiss the objection, and filed a request for adjudication with the Health Insurance Dispute Mediation Committee. On March 10, 2015, the Health Insurance Dispute Mediation Committee filed a request for adjudication on the ground that the objection, which was the procedure for the previous trial of a request for adjudication, was unlawful as long as the period allowed for

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