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(영문) 대법원 2017.10.26 2017다226148

손해배상(자)

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

Article 2 subparag. 7 of the Guarantee of Automobile Accident Compensation Act provides that “The expenses incurred by a person who has suffered an accident resulting from the operation of a motor vehicle (hereinafter referred to as “motor vehicle accident patient”) by receiving medical treatment at a medical institution under the Medical Service Act means the amount applied to cases where the relevant expenses are paid with the insurance proceeds (including mutual aid money; hereinafter referred to as “insurance proceeds, etc.”) of an insurance company (including a mutual aid business operator; hereinafter referred to as “insurance proceeds, etc.”) (a) or the relevant expenses are paid with the compensation for the motor vehicle accident compensation business under Article 30 (b) or where the relevant expenses incurred from the relevant traffic accident are paid to a medical institution by the motor vehicle accident patient (including the compensation under Article 30).”

Accordingly, Article 15 of the Guarantee of Automobile Accident Compensation Act provides that “The Minister of Land, Infrastructure and Transport may establish and publicly notify the standards for motor vehicle insurance medical fees (hereinafter “motor vehicle insurance medical fees standards”) in order to guarantee appropriate medical treatment for motor vehicle accident patients and to prevent disputes over medical fees between insurance companies, etc., medical institutions, and motor vehicle accident patients.” Article 12(2) of the Guarantee of Automobile Accident Compensation Act provides that “The scope of recognition of motor vehicle insurance medical fees, procedures for filing procedures and payment, and other matters determined by Ordinance of the Ministry of Land, Infrastructure and Transport shall be included in the motor vehicle insurance medical fees, and Article 15

According to the above provisions, the motor vehicle insurance medical fees standard guarantees appropriate medical treatment for the motor vehicle accident patients, and medical fees between the insurance company, etc. and the medical institution.