과징금부과처분취소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows, and the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the defendants as to the allegations in the trial of the court of first instance. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main text
▣ 제1심 판결문 7쪽 밑에서 2째줄, 8쪽 10째줄 “2006. 1. 8.”을 “2006. 1. 9.”로 각 고친다.
▣ 제1심 판결문 20쪽 밑에서 4째줄 다음에 아래 부분을 추가한다.
“E. The Defendants’ assertion and its determination on the medical care benefit standards and the procedure thereof (if the Defendants, on the grounds that medical feasibility is recognized, allow the full collection of the medical care benefit costs from the patients, would in essence damage the examination function under the National Health Insurance Act on whether the medical care benefits are properly performed, and the insured would infringe the right to receive insurance benefits guaranteed by paying the insurance premiums, and the medical care benefits and materials for medical treatment, which are not permitted under the medical care benefits standards, are used for the patients to use the medicines and materials for medical treatment that are not permitted under the medical care benefits standards, thereby causing side effects such as the clinical experiment for new medicine. As such, even in such a case, the Defendants asserted that the medical personnel selected the medical treatment medicine materials as deemed appropriate based on the patient’s condition, etc. at the time, the level of medical care costs at the time, and their own professional knowledge and experience, and the medical personnel should sufficiently explain the circumstances to the patients and their protectors as well as their guardians, as they do not fall under the medical care benefits and non-medical care benefits and expenses.