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(영문) 부산고등법원 2020.07.08 2017누21906
급여사전제한처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. Thus, if the evidence duly adopted and examined by the court of first instance is re-checked, the fact-finding and judgment of the court of first instance are justified.

Therefore, the court's explanation on this case is as follows: (a) the former National Health Insurance Act (amended by Act No. 14776, Apr. 18, 2017; (b) the Enforcement Decree of the Act (amended by Presidential Decree No. 28693, Mar. 6, 2018; (c) the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 28693, Mar. 6, 2018; hereinafter "Enforcement Decree of the Act"); (d) the other income of 10, 11; and (e) the other income of 15, 12, the Enforcement Rule of the National Health Insurance Act (amended by Ordinance of the Ministry of Health and Welfare No. 560, Mar. 6, 2018; hereinafter referred to as the "Act"); and (e) the respective Enforcement Rule of the National Health Insurance Act (amended by Ordinance of the Ministry of Health and Welfare) shall be amended by Act No. 15606, Mar. 60, 2018).

2. An addition to the part of the first instance judgment is to add “(see, e.g., Supreme Court Decision 2015Du38337, May 11, 2018)” at the last to the 20th sentence.

The following is added to the 19th sentence of the first instance judgment, and the 20th sentence's theory is added to the 20th sentence's theory.

[D] The Plaintiff is the Plaintiff’s property right, medical insurance entitlement, health right, the right to pursue happiness, human dignity and value, in violation of Article 71(1) and (2) of the Act, in violation of the principle of prohibition of comprehensive delegation, the principle of equality, and the principle of excessive prohibition

On June 14, 2017, the Constitutional Court requested an adjudication on constitutional complaint seeking confirmation of the constitutionality of the above provision on the ground that the right to live together is infringed, but the Constitutional Court on February 28, 2019.

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