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(영문) 서울행정법원 2019.06.13 2019구합996
보험료부과처분취소 및 손해배상청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The gist of the Defendant’s assertion as to the defense of the main defense is as follows: (a) where the Defendant’s claim for the same content cannot be accepted by law on the grounds that it is obvious that the instant lawsuit had been rejected, even though the court had been ruled against on the same ground throughout several times, and thus, it constitutes an abuse of power to force the Defendant to unnecessary use of judicial human resources.

Facts of recognition

Before the instant case, the Plaintiff filed a lawsuit seeking revocation by collecting monthly amounts of health insurance premiums that the Defendant imposed on the Plaintiff each month before the instant case, and filed a lawsuit through 20 times as follows. Of these, the Plaintiff also sought payment of damages.

Article 5 of the National Health Insurance Act, which provides that the causes of each lawsuit are subject to compulsory purchase of national health insurance and payment of insurance premiums, demands for the unpaid payment of insurance premiums, and dispositions on default, is in violation of the principles of a democratic state, and thus excessively limits the freedom and rights of the people, and thus, in violation of the Constitution’s full text, Articles 1, 10, 11, 17, 23, 34, 37, and 119, and thus, unconstitutional, the imposition of insurance premiums is unlawful.

[Contents of litigation] The Seoul Administrative Court 2008Guhap8574- 8574 - 2002.7 and 2008.2 insurance premium - the insurance premium after Oct. 9, 2008, which was seized on Oct. 1, 2007, Seoul High Court 2008Du22860, Feb. 12, 2009, dismissed on Feb. 12, 2009, Seoul Administrative Court 2008Guhap2692- - 3 and 6. 2008Nu36465, Nov. 12, 2008; the Seoul High Court 2008Nu36465, Oct. 3, 2008; and the Seoul High Court 2009Du4094. 209.4. 208. 209. 209. 3. 209. 24. 2097. 24. 2094. 2

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