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(영문) 서울행정법원 2017.09.14 2016구합9381
부당건강보험료 취소
Text

1. Of the instant lawsuit, the part seeking revocation of the imposition of each insurance premium from February 2, 2016 to August 2016.

Reasons

1. Details of the disposition;

A. From February 20, 2016 to November 22, 2016, the Defendant imposed the following insurance premium upon the Plaintiff, and the Plaintiff was served at the end of the month when each insurance premium was imposed.

(3) The National Health Insurance Premium (hereinafter referred to as the "Disposition") Nos. 134, 160, 780, 140 on February 20, 2016, 134, 160, 80, 780, 142, 940 on February 20, 2016, 127, 690, 860, 136, 136, 5040 on April 20, 2016, 127, 160, 690, 360, 136, 136, 5050, 86, 206.

B. After that, the Defendant adjusted the amount of the insurance premium imposed on the instant 10 disposition to KRW 132,540, KRW 8,680, and KRW 141,220, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Eul evidence 2-2, the purport of the whole pleadings

2. Determination on this safety defense

A. The part of the Defendant’s claim that seeks revocation of the disposition 1 through 7 of the instant lawsuit is unlawful since it was filed with the lapse of the filing period.

(b) A litigation seeking revocation of a disposition, etc. by the judgment administrative agency shall be instituted within 90 days from the date on which the relevant disposition, etc. is known.

(Article 20(1) main text of the Administrative Litigation Act. However, the defendant's dispositions of this case 1 through 7 are as of February 20, 2016, respectively.

3.21.21., the same year;

4.20. 20. 20. The same year

5.20. 20. 20.

6.20. 20. 20. The same year

7.23.23. The same year

8. 22. As seen earlier, the Plaintiff received the instant dispositions 1 through 7 around the end of the pertinent month, and it is apparent in the record that the instant lawsuit was filed on December 5, 2016 after the lapse of 90 days from the date on which the Plaintiff received the instant dispositions 1 through 7. As such, the part seeking the revocation of the instant dispositions 1 through 7 among the instant lawsuit is the filing period.

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