logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.06.08 2017구합187
건강보험료감액신청기각처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Under Articles 69 and 72 of the National Health Insurance Act, and Articles 42 and 44 of the Enforcement Decree of the same Act, Articles 8 and 9 of the Act on Long-Term Care Insurance for the Aged, and Article 4 of the Enforcement Decree of the Act on Long-Term Care Insurance for the Aged, the Defendant calculated and imposed health insurance fees for November 201 as KRW 365,880 (including long-term care insurance premiums of KRW 22,490) (hereinafter “instant disposition”) on the Plaintiff, who is the individually insured person under the National Health Insurance Act, based on the estimated income reflecting the Plaintiff’s income, living level

B. The Plaintiff filed an objection against the Defendant for an excessive amount of health insurance premiums. However, the Defendant dismissed the Plaintiff’s objection by a resolution of the Health Insurance Objection Committee on January 19, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s instant disposition is a double imposition of health insurance fees, which imposes both the Plaintiff’s income on the leased income accrued from the Plaintiff’s property and the value of the above property itself, based on the Plaintiff’s income. The amount of health insurance premiums, compared to the same income of the employee insured, has been raised monthly, and thus is contrary to equity.

Nevertheless, it is illegal to dismiss the plaintiff's objection without reducing the health insurance fee imposed by the defendant by the disposition of this case. Therefore, the above dismissal decision should be revoked.

3. Determination

A. Article 19 of the Administrative Litigation Act provides that a litigation for revocation shall be subject to the original disposition of an administrative agency (the original disposition principle): Provided, That in the case of a litigation for revocation of adjudication, an adjudication for administrative appeal shall also be subject to a litigation for revocation, and in the case of a lawsuit for revocation of adjudication, whether the adjudication itself has a unique illegality or not, and the adjudication itself has its own characteristics.

arrow