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(영문) 서울행정법원 2019.05.24 2018구합4175 (1)
건강보험료 체납처분 취소
Text

1. The part of the instant lawsuit seeking revocation of the imposition of each insurance premium shall be dismissed.

2. The plaintiff's remainder.

Reasons

Details of the disposition

On May 1, 2012 and July 8, 2013, the Defendant imposed health insurance premiums and long-term care insurance premiums (hereinafter “insurance premiums”) on the Plaintiff, a locally insured person of national health insurance, and notified the Plaintiff of restrictions on benefits on the grounds of delinquency in payment of insurance premiums pursuant to Article 53(3) of the National Health Insurance Act.

From January 208 to November 2016, the Plaintiff filed a lawsuit (attached Form 1) seeking revocation of the imposition of each insurance premium imposed on the Plaintiff each month from January 2008 to November 201, 201, such as the entry in the litigation record (hereinafter “related revocation lawsuit”). However, all of the judgment lost, and part of the insurance premium in arrears has been paid by depositing the insurance premium after the judgment of loss.

On December 26, 2017, the Defendant urged the Plaintiff to pay KRW 2,197,993 in arrears as of December 18, 2017. On January 8, 2018, the Defendant, “from February 1, 2018, notified the Plaintiff of the limitation on the pre-payment of health insurance premiums in arrears to pay the full amount of direct medical expenses (the Corporation’s charges) to the hospital hospital and the pharmacy.”

(hereinafter “instant disposition.” The Plaintiff filed an objection seeking revocation of the instant disposition on April 2, 2018, but the Defendant rejected the instant objection on the ground that “from May 2, 2012, the Plaintiff restricted the Plaintiff’s entitlement to insurance benefits and restricted the insurance benefits in advance from February 1, 2018, and the registration as a prior benefit-restricted person is only a difference in the method of benefit restriction, but is not a separate disposition, and the Plaintiff’s objection is unlawful as it was filed after the lapse of the period of objection.”

On February 21, 2018, the Plaintiff filed a civil petition with the National Examination Board, and appropriated the amount of KRW 1,417,00 of the deposit money of Seoul Northern District Court 2016Hun-Ba149 deposited by the Plaintiff on January 15, 2018 (1,419,670 won) for the delinquent insurance premium in arrears (1,419,670 won). The Plaintiff paid KRW 2,720 on February 5, 2018, and the delinquent insurance premium as of February 13, 2018 is 775.

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