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(영문) 서울고등법원 2020.05.15 2019누57659
직장가입자지위확인
Text

1. The part demanding the confirmation of the status of an employment provided policyholder among the lawsuits of this case that have been exchanged in this court shall be dismissed.

Reasons

1. Basic facts

A. B, which operates the C Research Institute in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant workplace”), reported to the Defendant that the Plaintiff was employed as a full-time employee in the instant workplace from December 1, 2015, to the effect that the Plaintiff was employed as a full-time employee.

Accordingly, since December 1, 2015, the defendant has collected the health insurance premiums and long-term care insurance premiums from the plaintiff, considering that the plaintiff as a full-time employee of the workplace in this case acquired the qualification as the health insurance policyholder.

B. On February 28, 2018, the Defendant conducted a field inspection on the instant workplace. As a result, the Plaintiff: (a) confirmed that the Plaintiff was not an employee insured but an employee insured; (b) sent a prior notice of disposition to the Plaintiff on March 5, 2018, stating that “Inasmuch as the Plaintiff confirmed that the Plaintiff was not an employee insured; (c) at the same time, it is expected that the self-employed insured will be retroactively charged with the insurance premium after changing the eligibility to the employee insured; and (d) on March 15, 2018, the Plaintiff sent to the Plaintiff a notice of disposition to the effect that “the insurance premium is to be imposed within seven days if there is an opinion.” (c) on March 15, 2018, the Plaintiff is confirmed as an employee who does not fall under the criteria for the application of the employee insured; (d) treat the employee insured retroactively as the employee insured; and (e)

C. On the premise that the Plaintiff loses the eligibility of an employment provided policyholder retroactively as of December 1, 2015, the Defendant imposed an insurance premium (settlement premium) of KRW 11,261,510 in total from December 21, 2015 to February 2018, on the premise that the Plaintiff acquired the eligibility of an employment provided policyholder, and on the premise that he/she acquired the eligibility of an employment provided policyholder, on March 21, 2018, and on the premise that he/she additionally imposed the insurance premium (settlement premium) of KRW 11,261,510 in total from March 21, 2015 to February 21, 2018, as described in the attached disposition list from March 21 to November 22, 2018, respectively.

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