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(영문) 울산지방법원 2020.11.26 2020구합101
건강보험이의신청기각처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

A. The Plaintiff (B) is a locally provided policyholder under the National Health Insurance Act and based on September 2019, the Plaintiff’s household’s income amount of KRW 24,830,00 per annum (i.e., KRW 17,380,000 business income of the Plaintiff’s spouse’s business income amount of KRW 7,450,000) and the property amount of KRW 1,020,500 (= KRW 267,650,000 land owned by the Plaintiff’s ownership of KRW 267,650,620,000 housing and KRW 76,620,000), while the Plaintiff owned two automobiles, the Plaintiff’s income amount of KRW 24,830,00 per annum (i.e., passenger cars with KRW 7,400,000 and KRW 2,495c).

B. The insurance premium for the plaintiff reflected this shall be calculated by multiplying 895 points by grade on 24,830,000 won of income amount (class 31), 1041 points by grade on 1,020,500 won of property amount (class 39), and 65 points by grade on automobiles (class 7) by total of 2,001 points by total of 2,001 points per contribution point under Article 44(2) of the Enforcement Decree of the National Health Insurance Act, and by total of 189.7 won per contribution point, 379,580 won shall be calculated as health insurance premium.

C. Accordingly, if long-term care insurance premium exceeds 32,300 won under Article 9 of the Act on Long-Term Care Insurance for the Aged and Article 4 of the Enforcement Decree of the same Act, health insurance premiums of KRW 411,80 shall be calculated finally.

The Defendant imposed health insurance fees calculated by the aforementioned method from February 2, 2019 on the Plaintiff, and the Plaintiff, on October 14, 2019, filed an objection with the Defendant seeking the adjustment of the calculation method of health insurance premiums to an equal and reasonable level. However, the Defendant dismissed the said application on November 29, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant’s calculation method of health insurance premiums for the alleged self-employed insured by the Plaintiff is imposing excessive health insurance fees compared to the employment provided policyholders, which seriously infringes on equal rights.

B. Article 69(5) of the National Health Insurance Act provides that "A locally provided policyholder shall be determined."

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