logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.06.13 2018구합7532
건강보험료 부과처분 취소
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 a locally provided policyholder under the National Health Insurance Act who forms the same household as that of the plaintiff's mother-child B (1946).

On November 22, 2018, the Defendant imposed on the Plaintiff each imposition of KRW 218,670 on the health insurance premium and KRW 16,130 on the long-term care insurance premium.

(hereinafter “Disposition of this case”). The Plaintiff’s annual income (leased income) in 2017 based on the National Tax Service’s global income data is KRW 9,350,000,000, and the property tax base on the Plaintiff and B’s real estate owned by the Plaintiff is KRW 36,4160,00 (= KRW 350,000,000,000,000).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings of this case as to legitimacy of the disposition of this case as to legitimacy of the disposition of this case, the plaintiff did not have a place of work and lives together with his/her mother, and the plaintiff's living

The instant disposition is unfair because the health insurance premiums and long-term care insurance premiums imposed by the Defendant on the Plaintiff are too excessive.

Judgment

Article 69 (5) of the National Health Insurance Act provides that the amount of monthly insurance premiums of an individually insured person shall be calculated for each household, but the amount of monthly insurance premiums for the household to which the individually insured person belongs shall be calculated by multiplying the calculation point of insurance premiums calculated pursuant to Article 72 of the same Act by the amount of allowance for imposition of insurance premiums under Article 73 (3) of the same Act, and Article 72 (1) and (3) of the same Act provides that the calculation point of insurance premiums under Article 69 (5) of the same Act shall be calculated based on the income and property of the individually insured person,

Article 73 (3) of the same Act provides that the amount of allowances for imposition of insurance premiums of individually insured persons shall be prescribed by Presidential Decree, subject to resolution by the Deliberation Committee.

Article 1 (1) of the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 29383, Dec. 18, 2018; hereinafter the same) (hereinafter the same) provides that insurance premium imposition points are income and income.

arrow