beta
(영문) 대법원 2016.05.27 2014두9882

과다본인부담금확인처분취소

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The lower court acknowledged the facts based on the adopted evidence, and determined that the Plaintiff hospital’s medical necessity and cost, etc. of the instant voluntary non-benefit treatment cannot be deemed exceptionally permitted on the grounds stated in its reasoning, including lack of evidence to deem that the Plaintiff hospital sufficiently explained and obtained consent to the Plaintiff hospital A, etc. on its medical necessity and cost.

Examining the records in light of the relevant legal principles, the lower court’s reasoning was somewhat inappropriate, but the conclusion that rejected the Plaintiff’s claim seeking the revocation of the instant disposition is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on explanation and consent to bear the costs of voluntary non-payment treatment.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.