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(영문) 부산지방법원 2015.02.13 2014구합2066
건강보험적용사업장제외처분취소
Text

1. On June 20, 2013, the Plaintiff’s health insurance policyholder qualification that the Defendant provided to the Plaintiff on January 1, 201, retroactive to January 1, 2011.

Reasons

Basic Facts

A. The Plaintiff, at his own home, operated “B book” (hereinafter “instant workplace”) and reported the Plaintiff’s husband C as the employee of the instant workplace on January 2, 2009.

From January 1, 2009, the Plaintiff and C acquired the qualification of the employee insured under the National Health Insurance Act.

The notification of the details of loss of employment provided policyholder by the workplace of this case does not meet the requirements for the application of the employment provided policyholder as to the non-regular workers confirmed in the workplace guidance inspection of the workplace of this case. Accordingly, pursuant to Articles 3 and 6 of the National Health Insurance Act, Article 9 of the Enforcement Decree of the same Act, and Article 4 of the Enforcement Rule of the same Act, the following is dealt with.

Persons subject to qualification adjustment: C, the Plaintiff

(b) Grounds for qualification adjustment: Non-regular workers, and non-applicable workplaces;

(c) Date of qualification adjustment ( loss): On or after January 1, 201, if applicable to local health insurance or if there is an employment provided policyholder among the family members, it shall meet the requirements for the recognition of workplace dependent persons, check the details of the qualification disposal of workplace dependent persons, which may be acquired as workplace dependent persons if applicable.

In addition, in the event of inquiries or objections concerning qualification adjustment matters, I will contact with each other and answer each other in good faith.

B. On June 11, 2013, in the course of the regular guidance and inspection in 2013, the Defendant: (a) notified the Plaintiff and C of the details of loss of employment provided policyholder as the following (hereinafter “instant notification”), on June 20, 2013, on the ground that C cannot be deemed a full-time employee of the instant workplace as a result of visiting the instant workplace.

C. The Plaintiff filed an objection against the Defendant, but was dismissed on September 26, 2013, and filed an appeal with the Health Insurance Dispute Mediation Committee, but was dismissed on April 25, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5, and the purport of the whole pleadings.

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