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(영문) 춘천지방법원 2018.09.11 2018구합5107
정산보험료부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The Plaintiff was confined to a correctional institution on June 8, 2012 while maintaining the eligibility as an individually insured person under health insurance, and was released from the prison on June 4, 2013.

On October 11, 2016, the Defendant confirmed the Plaintiff’s release, and on October 19, 2016, the Defendant imposed KRW 16,761,750 on the Plaintiff from October 19, 2013 to September 2016.

The Plaintiff, while submitting a certificate of income amount among the data on the imposition period of the above insurance premium, was dissatisfied with the above disposition.

The defendant shall apply to the plaintiff on November 1, 2016.

The insurance premium was determined during the period for the imposition of the insurance premium to impose 12,657,110 won of the settlement insurance premium.

(hereinafter “instant disposition”). The Plaintiff filed an objection against the instant disposition on January 13, 2017, but the Defendant dismissed the Plaintiff’s application on March 31, 2017.

On June 16, 2017, the Plaintiff filed a petition for adjudication against the instant disposition, and the Health Insurance Dispute Mediation Committee dismissed the Plaintiff’s claim on October 31, 2017.

【Ground of recognition” without any dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1-1 and 2-2, and the plaintiff’s assertion to the purport of the whole pleadings, the defendant neglected his/her duty to have notified the plaintiff of the cancellation of the suspension of benefits in accordance with relevant Acts and subordinate statutes when the plaintiff released from the correctional institution. However, even though the plaintiff filed an application for medical care benefits on several occasions, the insurance premium delayed for more than three years without discovering the unpaid insurance premium.

Therefore, the instant disposition should be revoked in an unlawful manner as it does not comply with the procedures prescribed by the relevant statutes.

Article 54 subparag. 4 of the National Health Insurance Act provides that “If a person entitled to insurance benefits is admitted to a prison or any other similar institution,” the period shall not be insurance benefits, and medical care benefits under Article 60 shall be provided.”

(b).

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