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(영문) 수원지방법원 2019.05.16 2018구합2163
의료보험처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The plaintiff is the self-employed insured under the National Health Insurance Act and owns Yeongdeungpo-gu apartment B apartment housing C (hereinafter referred to as "the apartment of this case").

The Defendant imposed the Plaintiff KRW 136,50 on the health insurance premium for November 2018, KRW 10,070 on the long-term care insurance premium, KRW 146,620 on the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, and the purport of the whole argument of the plaintiff as to the purport of the whole argument, the defendant has imposed only KRW 24,190 on the plaintiff as health insurance premiums from July 2018 to October of the same year. According to the disposition of this case, the health insurance premiums of November 2018 were substantially increased by KRW 146,620.

① However, even though the Plaintiff was unable to conduct a proper business due to health reasons from around 2018, and only earned a smaller amount of income than that of the year 2017, the instant disposition was rendered based on the Defendant’s income in 2018, rather than the income in 2018, and based on the income in 2017. ② Although the Plaintiff received the recent loan and purchased the instant apartment, the Defendant calculated excessive health insurance fees without considering the Plaintiff’s obligations owed to acquire the instant apartment, and thus, the instant disposition should be revoked.

The disposition of this case is legitimate as shown in the attached Form of the statutes.

Judgment

Article 69(5) of the National Health Insurance Act provides, “The monthly insurance premium of a locally provided policyholder shall be calculated for each household unit, but the amount of monthly insurance premium for the household to which the locally provided policyholder belongs shall be calculated by multiplying the insurance premium imposition score calculated under Article 72 of the National Health Insurance Act by the amount of insurance premium imposition allowance under Article 73(3)

Article 72 (1) of the National Health Insurance Act provides that "The imposition score of insurance premiums under Article 69 (5) of the National Health Insurance Act shall be determined in consideration of the income and property of the individually insured," and Article 72 (3) of the same Act.

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