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(영문) 부산고등법원 2018.11.23 2018누21156
건강보험료 및 장기요양보험료 징수처분 무효확인 등
Text

1. All appeals filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.

2. The appeal costs.

Reasons

1. The reasons why the court has stated this part of the disposition are the same as the corresponding part of the reasoning of the judgment of the first instance except for the following additional parts. Thus, it is acceptable to accept this part as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4

(hereinafter the meaning of the abbreviationd language used in this context is the same as that of the judgment of the court of first instance). The following shall be added next to the last day of the judgment of the court of first instance.

“Around April 14, 2017, the Plaintiff filed an administrative appeal with the Health Insurance Dispute Mediation Committee to the effect that “The imposition of local insurance premiums by Defendant National Health Insurance Corporation was revoked from January 2017 to March 201,” but the Health Insurance Dispute Mediation Committee dismissed the said appeal on July 27, 2018.”

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff and the designated parties did not share the same livelihood due to the division of contact with the mother E after the divorce between the Plaintiff and the designated parties. (The Plaintiff did not have objective data on the fact that the mother has business income from E, and this cannot be recognized.

) Since the father-D did not engage in economic activities, C or the Plaintiff’s wage income that is female students maintained their livelihood. In other words, the former Enforcement Rule of the National Health Insurance Act (amended by Ordinance of the Ministry of Health and Welfare No. 560, Mar. 6, 2018; hereinafter the same applies).

() From December 25, 2016 to March 1, 2017, the day before the Plaintiff’s eligibility as an employment provided policyholder pursuant to Article 2(1)1 [Attachment Table 1 subparag. 10], the Plaintiff and the designated person was in the status of C’s dependent from around December 25, 2016, and the designated person was in the status of the Plaintiff’s dependent from around April 20, 2017, when the Plaintiff acquired the employment provided policyholder qualification.

Therefore, each of the dispositions of this case against the Plaintiff from January 2017 to March of the same year by Defendant National Health Insurance Corporation, and each of the dispositions of this case against the designated parties from May 2017 to July of the same year, is significant.

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