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(영문) 서울행정법원 2016.11.03 2016구합3246
기타징수금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details and details of the disposition;

A. The Plaintiff did not pay the insurance premium under the National Health Insurance Act that the Defendant imposed every month from June 201, when maintaining the eligibility of the locally provided policyholders of the National Health Insurance.

Accordingly, on June 21, 2013, the Defendant notified the Plaintiff of the restriction on the insurance benefits for the Plaintiff until the insurance premium in arrears is paid in full, and the Plaintiff received it on July 8, 2013.

B. From August 12, 2013 to May 8, 2014, the Plaintiff received medical treatment using health insurance more than ten times in total, and the Defendant paid 321,520 won in total to the health care institution.

On December 15, 2014, the Defendant notified the Plaintiff of the fact that he received medical treatment during the benefit limitation period.

C. On May 4, 2015, the Defendant notified the Plaintiff that the Defendant would receive insurance benefits during the benefit limitation period and pay KRW 340,790 (including arrears) that the Defendant would have spent.

(hereinafter “instant disposition”) D.

On November 11, 2015, the Plaintiff filed an objection against the instant disposition with the Defendant, and the Defendant rejected the objection on January 5, 2016 on the grounds that re-appeal is not allowed.

In the decision, the health insurance dispute mediation committee established within the Ministry of Health and Welfare within 90 days from the date of receipt of the decision, which states that "when dissatisfied with such decision, a request for adjudication or administrative litigation may be filed with the competent court."

On January 8, 2016, the Plaintiff served a notice of decision of rejection on January 8, 2016, and filed an administrative appeal with the Central Administrative Appeals Commission on January 25, 2016, and the Central Administrative Appeals Commission dismissed the appeal on March 22, 2016 on the ground that it is not subject to administrative appeal.

E. Relevant statutes are as listed in the annexed sheet.

【Fact that there has been no dispute, Gap 1-6 evidence, Eul 1-5 evidence, the purport of the whole pleadings.

2. Whether the lawsuit of this case is lawful

A. The defendant's main defense of this case.

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