logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.10.15 2015구합7814
부당이득금징수처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff did not pay KRW 2,640,890,000 under the National Health Insurance Act that was imposed by the Defendant each month during the period from February 2, 2010 to December 23, 201, while maintaining the eligibility of the locally provided policyholders of the National Health Insurance Act.

B. On April 25, 2012, the Defendant notified the Plaintiff of the purport that the Plaintiff would restrict the insurance benefits for the Plaintiff until the Plaintiff paid in full the health insurance fees in arrears. On May 1, 2012, the said notification reached the Plaintiff.

C. From June 12, 2012 to August 12, 2013, the Plaintiff received medical treatment using health insurance on a total of 28 occasions. As to this, the Defendant paid 1,300,880 won to the health care institution.

On November 2012 and October 2013, the defendant notified the plaintiff that he received the insurance benefits during the benefit limitation period.

The plaintiff continued to file a lawsuit seeking revocation of the disposition imposing insurance premium that the defendant paid during the period of default, and deposited part of the insurance premium in arrears as above, and the defendant received the deposit money and appropriated it to the delinquent insurance premium several times.

On February 3, 2014, the Plaintiff deposited KRW 892,580, which is the amount equivalent to the delinquent premium from around June 2012 to November 201 of the same year, with the payment of KRW 344,00,000 from February 3, 2014, but the Defendant failed to receive the said money until now.

E. On August 4, 2014, the Defendant received medical care benefits within the insurance benefit limitation period and notified the Plaintiff of the payment of other collected amount of KRW 1,300,880 that the Defendant paid to the Plaintiff.

F. On October 10, 2014, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission transferred the said case to the Defendant on November 20, 2014.

On December 23, 2014, the defendant deemed the above request for administrative appeal as the filing of an objection under Article 87 of the National Health Insurance Act, and held the Health Insurance Objection Committee, and dismissed the plaintiff's objection.

arrow