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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B. Defendant A’s appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) is that the Defendants were actually hospitalized in the hospital and received treatment at the time, as there is a need for hospitalization at the time, and it is not false hospitalization.
There was no intention to obtain fraud.
Nevertheless, the judgment of the court below is erroneous in the misconception of facts.
2. Judgment on Defendant A
A. In a case where continuous observation by a medical personnel is required with respect to side effects or incidental effects of drugs which are very low in resistance to or are administered by the patient’s disease, where the management of drugs and drinking foods is necessary, the management of drugs and drinking foods is needed and so the patient’s pains are more likely to cause inconvenience to medical treatment, or where the patient’s condition is unable to cope with the patient’s disease or where the patient’s risk of infection exists, etc., and the patient suffers from medical treatment while staying in the hospital. In accordance with the relevant provisions of the Ministry of Health and Welfare’s notice, “detailed details on the criteria and method for applying medical care benefits” as the Ministry of Health and Welfare notice, such as “the criteria for and method of medical care benefits” refers to the patient’s staying in the hospital for more than six hours and receiving medical treatment under the observation and management of the medical personnel. However, the determination of whether to be hospitalized is based only on the patient’s symptoms, diagnosis and treatment
(see, e.g., Supreme Court Decision 2008Do4665, May 28, 2009). Therefore, even if a patient took the form of receiving a fixed sick room after undergoing the procedure for hospitalization and stayed in a hospital for at least six hours, the actual time of receiving treatment is only part of the time of treatment, and the patient remains in the hospital without undergoing the observation or supervision of the medical personnel for the remaining time, and the content and purpose of the treatment received by the patient can be sufficiently achieved due to the treatment.