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(영문) 광주지방법원 2020.01.23 2018구합12725
정산보험료 부과처분 취소 청구
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. The Plaintiff, under the name of “B”, was engaged in retail business (e-commerce business, business registration number C) and was working in the Dispute Resolution BankB from January 1, 2015 to March 2016, and was qualified as an employment provided policyholder under the National Health Insurance Act. After that, the Plaintiff retired from the said company and subsequently changed into an employment provided policyholder from March 23, 2016.

B. On March 2, 2016, the Plaintiff revoked the closure of business as above, and the Defendant, in August 2016, calculated the insurance premium as KRW 1,369,770 for April 2016 and May 201 of the same year based on the Plaintiff’s global income accrued in 2014 and the appraised value of the monthly rent deposit (hereinafter “instant disposition”).

C. The Plaintiff filed an objection, but dismissed on January 9, 2017, and filed an appeal with the Health Insurance Dispute Mediation Committee, which was dismissed on July 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The Plaintiff’s instant disposition is unreasonable as it calculated the insurance premium in April 2016 and May 201, reflecting global income belonging to the Plaintiff’s individual entrepreneur in the year 2014.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Whether the disposition is lawful.

A. According to Articles 69(5) and 72 of the National Health Insurance Act and Article 42(4) of the Enforcement Decree of the same Act, the monthly insurance premiums of locally provided policyholders are calculated on the basis of income and property of locally provided policyholders, and detailed matters necessary for the calculation of contribution points, such as the timing of reflection of the data included in the calculation of contribution points, shall be prescribed by the articles of incorporation of the defendant. Article 45(1) of the defendant's articles of incorporation of the defendant shall be determined by the articles of incorporation of the defendant. Article 45(1) of the defendant's articles of incorporation of the defendant is to calculate contribution points of the locally provided policyholders

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