2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

2. Determination as to the cause of claim

A. Article 53(1) of the former National Health Insurance Act (wholly amended by Act No. 11141, Sep. 31, 2011) provides that when the Plaintiff provided insurance benefits to the insured or his/her dependent due to the occurrence of a cause for insurance benefits caused by a third party’s act, the Plaintiff shall obtain the right to claim damages from the third party within the limit of the expenses incurred in paying such benefits. In principle, health care benefits under the National Health Insurance Act shall be in the form of spot payment where the medical care institution provides medical care until the disease or injury is cured by the medical care institution. As such, the insured is practically an insurance benefit when the medical care institution receives medical treatment, and the National Health Insurance Corporation acquires the right to claim reimbursement from the third party within the limit of the insurance benefits, and the insurer subrogates the damage claim against the perpetrator after the insurer provided the insurance benefits to the victim due to a tort,

(See Supreme Court Decision 2012Da39103 Decided September 13, 2012). Meanwhile, Article 53(1) of the National Health Insurance Act refers to the Corporation that provided insurance benefits due to the pertinent accident and the insured who actually received the insurance benefits, and all persons other than those who are in health insurance relationship with the victim, who are liable for damages to the victim. The third party includes not only the victim directly, but also the person who is liable for damages to the perpetrator by law or contract. The third party is liable for damages to the traffic accident offender under Article 3 of the Guarantee of Automobile Accident Compensation Act.