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(영문) 서울행정법원 2020.06.18 2019구합7119
건강보험료부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From December 1, 2015, the Plaintiff acquired the eligibility of a dependent of child B, who is an employment provided policyholder of the National Health Insurance, but was revised on April 18, 2017, and upon the reorganization of the health insurance imposition system pursuant to the National Health Insurance Act (Act No. 14776), which entered into force on July 1, 2018, the Plaintiff failed to meet the income requirements among the criteria for recognition of the eligibility of a dependent (the annual public official pension amount of KRW 360,32,80,000,000,000,000 per year). From July 1, 2018, the Plaintiff became disqualified as a dependent and became changed to a self-employed insured on the same day.

B. On July 20, 2018, the Defendant issued a disposition imposing KRW 149,170 on the Plaintiff on July 20, 2018 (hereinafter “instant disposition”).

C. On August 14, 2018, the Plaintiff filed an objection with the Health Insurance Objection Committee on the grounds that the objection was dismissed on November 8, 2018. On November 30, 2018, the Plaintiff filed a petition for adjudication with the Health Insurance Dispute Mediation Committee, which was dismissed on September 26, 2019.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, 4, Gap evidence 3-1, 2, Eul evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings, and whether the disposition of this case is legitimate

A. According to the Plaintiff’s assertion under Article 41(1) of the Enforcement Decree of the National Health Insurance Act, non-taxable income under the Income Tax Act is excluded from the monthly income amount applied to the standards for recognition of dependants, and the Plaintiff’s public official’s pension income, which was paid before January 1, 2002, should be excluded from the above standard

Nevertheless, the defendant calculated the monthly income amount including the plaintiff's public official pension income, and deprived of the plaintiff's status as a dependent to the plaintiff's employment provided policyholder. The defendant's disposition of this case should be revoked as unlawful.

(b) "Amount of monthly income under Article 41 (Amount of monthly income) of the Enforcement Decree of the National Health Insurance Act and subordinate statutes."

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