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(영문) 서울행정법원 2020.01.14 2019구합80220
부당하게 청구된 건강보험료 환급
Text

1. All of the instant lawsuits are dismissed.

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

On September 24, 2019, the plaintiff in the Gu office was working.

Reasons

1. Details of the disposition;

A. From August 1, 1994, the Plaintiff maintained the eligibility of an individually insured person of the National Health Insurance Corporation. The Defendant imposed monthly insurance premiums on the Plaintiff.

B. On November 19, 2015, the Plaintiff acquired the status of an unmarried person as a dependent of his/her mother (hereinafter “foreign mother”) with knowledge that he/she may obtain the status as a dependent of his/her sibling.

C. On July 10, 2018, the Plaintiff filed an objection with the purport of claiming that “the Plaintiff’s dependent status against the Nonparty is retroactively recognized from August 1, 1994 to November 19, 2015.” However, the Defendant dismissed it on August 24, 2018 on the ground that the period for filing the objection expired, etc.

On June 25, 2019, the Committee rejected the request on the part of the Plaintiff for a trial by the Health Insurance Dispute Mediation Committee.

(hereinafter “instant rejection ruling”). 【No dispute exists concerning the ground for recognition, Gap’s 4 through 7, Eul’s 1 and 2, and the purport of the entire pleadings.

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the lawsuit in this case was subject to retroactive application of the eligibility of dependent and the claim for revocation of the disposition of insurance premium

A. The summary of the Plaintiff’s assertion was registered as a non-party’s dependent on November 19, 2015, without being informed by the Defendant that it is possible for the Plaintiff to obtain the eligibility of his/her sibling as a dependent.

This constitutes an inevitable reason among the requirements for the refund of insurance premium, and thus, the defendant should pay the insurance premium that the plaintiff paid before treating as retroactively acquiring the eligibility of the non-party's dependent.

Nevertheless, the defendant does not have an obligation to inform the plaintiff of his right to the insured and does not refund the already paid insurance premium. The plaintiff's entitlement to the plaintiff's dependent shall be retroactively recognized from August 1, 1994 to November 19, 2015, and the defendant's insurance premium for the above period.

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