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(영문) 부산지방법원 2016.06.23 2016구합736
정산보험료부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation that has completed the registration of incorporation on December 3, 1979 and is engaged in housing construction and supply business until now.

B. As a result of the guidance and inspection of the business place, the Defendant confirmed that the Plaintiff did not pay the insurance premium despite the fact that A and 391, who worked at each Plaintiff’s construction site from July 2012 constituted an employment provided policyholder. On July 14, 2015, the Defendant notified the Plaintiff of the result of the guidance and inspection of the business place as above, and issued the Plaintiff an employment provided the above employee insured qualification retroactively, and accordingly, issued the Plaintiff a disposition imposing KRW 242,081,980 of the settlement insurance premium to be additionally paid (the disposition of this case regarding the disposition of imposition of the settlement insurance premium stated in the purport that the Plaintiff claimed as unlawful as the part of the employee’s burden), and on July 17, 2015, the Plaintiff

C. On December 4, 2015, the Plaintiff filed an objection against the instant disposition with the Defendant’s Health Insurance Objection Committee on the ground that the said employee is not an employment provided policyholder. However, on January 5, 2016, the Defendant dismissed the Plaintiff’s objection on the ground that the period for filing an objection under Article 87(3) of the National Health Insurance Act exceeds the period for filing an objection, and accordingly, the written objection was served on the Plaintiff around that time

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5 (if there are additional numbers, including each of them; hereinafter the same shall apply), the purport of the whole pleadings

2. On December 4, 2015, 90 days from the date when the Plaintiff became aware of the instant disposition, the Defendant asserted that the instant lawsuit was unlawful as it did not contain the filing period.

A person who has an objection to the imposition of health insurance premiums may file an objection within 90 days from the date on which he/she becomes aware of such disposition or within 180 days from the date of such disposition.

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