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(영문) 부산지방법원 2017.11.23 2017구합21471
정산보험료부과처분취소청구
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. On December 26, 201, the Plaintiff acquired the qualification of an employment provided policyholder under the National Health Insurance Act and paid health insurance fees by reason of engaging in real estate rental business by employing C as a worker at the place of business located in Busan Shipping Daegu, Busan.

B. On June 20, 2016, the Defendant rendered the instant disposition imposing KRW 8,531,890 on the Plaintiff, on the ground that C is not the Plaintiff’s employee but the Plaintiff’s representative of an individual workplace who is not an employee, thereby retroactively losing the Plaintiff’s eligibility as the employee insured, and on the other hand, imposed KRW 8,531,890 on the Plaintiff from June 2013 to June 2016.

C. On June 20, 2016, the Plaintiff appealed to the Health Insurance Objection Committee, but was dismissed on July 21, 2016, and filed an administrative appeal with the Health Insurance Dispute Mediation Committee, but was dismissed on April 10, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7-14, Eul evidence 1-7 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. C, the Plaintiff’s assertion, is a full-time employee who entered into an employment contract with the Plaintiff and entered into an employment contract, performs duties such as real estate development, data collection, legal review, real estate lease, and price review, and received wages from the Plaintiff.

Nevertheless, on different premises, the instant disposition that the Defendant imposed the insurance premium on the Plaintiff is unlawful, and the Defendant’s order to take complementary measures is reasonable if the Plaintiff’s failure to do so is contrary to the principle of trust and good faith and the principle of trust protection.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. We examine the following circumstances that are acknowledged by comprehensively taking account of each of the evidence mentioned above and the overall purport of Gap evidence Nos. 2-5 and the arguments.

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