국민건강보험법상 공동 사용자의 보험료 납입 의무 ― 대법원 2008. 5. 29. 선고 2006두8419 판결 ―

In accordance with the National Health Insurance Act, an employer of a workplace is required to pay not only insurance premiums for his employees in the workplace but also premiums charged to him. However, when more than one employer jointly operating the workplace, it is unclear whether each co-employer is responsible only for the payment of his insurance premiums or whether the co-employers assume joint responsibility. With regard to this issue, the National Health Insurance Act has no relevant provision defining this matter. Regarding this issue, the Court ruled in Supreme Court Decision 2006Du8419 Delivered on May 9, 2008 the following; under Clause 1 of Article 68 in the Act, the insured covered by a workplace whose premiums are obligated to be paid by the employer refers to the employer himself as well as his workers who are employed and their premiums are deducted from their salaries in the employment-based relationship. If other co-employers of the concerned workplace are not in such a relationship, despite being insured by the workplace, they do not fall under this category. Furthermore, the individual insurance obligation of co-employers is not a indivisible obligation shared between the employers. The aforementioned decision is meaningful in that it has provided criteria, to some extent, for interpreting the obligation of insurance payments by joint employers pursuant to the Act.