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| TITLE | Supreme Court en banc Decision 2023Du36800 Decided July 18, 2024 【Revocation of Disposition Imposing Insurance Contributions】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Where administrative authorities have established administrative practices by enacting internal rules and, according thereto, taking administrative actions in a consistent direction for a long period of time, whether the principle of equality under the Constitution of Republic of Korea is applicable to administrative acts through internal rules or established administrative practices (affirmative) [2] Method of determining whether administrative acts conducted by administrative authorities correspond to discriminatory treatment without reasonable grounds and thus violate the principle of equality under the Constitution of Republic of Korea [3] Whether the illegality of discriminatory treatment may be recognized more broadly for the National Health Insurance Service, a special corporation for the public interest, compared to private organizations or private persons (affirmative) [4] In a case where Party A and Party B, who were in a same-sex relationship, married while they were living together after agreeing to cohabitate as partners; Party A reported the acquisition of the eligibility as a dependent as the de facto marriage spouse of Party B, an employee insured with health insurance, to the National Health Insurance Service and, thereby, acquired the dependent eligibility; and when such fact was reported in the official media, the National Health Insurance Service changed the eligibility of Party A to that of the self-employed insured and notified Party A of the insurance contributions that should have been paid as the self-employed insured after having Party A lose his or her eligibility retroactively from the day Party A became a dependent of Party B, alleging that the eligibility of Party A as a dependent was registered “by mistake,” the case holding that the above disposition is illegal in violation of Article 21(1) of the Administrative Procedures Act and the principle of equality under the Constitution of Republic of Korea | |
