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국민건강보험법상 보험료부과체계에 관한 법적 고찰-지역가입자 생활수준 및 경제활동 참가율 부과기준 중 성과 연령을 중심으로 -

Title
국민건강보험법상 보험료부과체계에 관한 법적 고찰-지역가입자 생활수준 및 경제활동 참가율 부과기준 중 성과 연령을 중심으로 -
Other Titles
A Study on Unconstitutionality of Insurance Premium Rating System in Accordance with National Health Insurance Act. - Focused on Age and Gender in Premium Rating Standards Activity Rate and Living Standards of the Local Insured -
Author
송기민
Keywords
건강보험제도; 지역의료보험; 직장건강보험; 보험료부과체계; 지역가입자; 직장가입자; Health Insurance System; Local Health Insurance; Employment-based Insurance; Insurance Premium Rating System; Local Insured; Employment-based Insured
Issue Date
2014-06
Publisher
대한의료법학회
Citation
의료법학, 2014, 15(1), P.185-209
Abstract
While the local health insurance and the employment-based insurance were integrated in July 2000, the insured is divided into employment-based insured and the local insured and the relevant premium has been applied to both groups. The health insurance premium having the feature of social solidarity has to be determined depending on income, that is, the ability to pay in accordance with the principles of social insurance. While employment-based insurance premium has been determined depending on the earned income, the local insurance premium for the local insured has been determined by scoring gross income(evaluated income), property and possession of automobiles. A variety of improvement approaches has been implemented including introduction of the employment-based insurance premium ceiling system (2002) and the change of property scoring system for the local insured (2006).However, the health insurance system which was merged in 2000 has been implemented up to now without significant change even though there were lots of socio-demographic change including increase of income level and the population structure such as low birth and aging. In other words, it is required to implement the premium rating system securing the income-based equity. Nevertheless, it was inevitable to apply the diverse rating standards in the early stage because it was very difficult to verify the income of the self-employed. Although the income verification rate was significantly increased from 23% in 1989 to 44% in 2010, the irrational standards including property, automobiles, living standard and activity rate have been still applied to the local insured because it is difficult to secure the validity of insurance premium rating system and it severely lacks of security.This paper investigated whether the current insurance premium rating system for the local insured imposing the premium on the basis of ‘gender’ and ‘age’ complies with the basic human rights secured by the current Constitution of the Republic of Korea with respect to the practical and theoretic irrationality of insurance premium rating system and standards for he local insured. In accordance with the analysis results, this paper proposed the approach to improve the system.
URI
http://www.earticle.net/article.aspx?sn=229555
ISSN
1229-8069
Appears in Collections:
INDUSTRY-UNIVERSITY COOPERATION FOUNDATION[S](산학협력단) > ETC
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