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(영문) 대법원 2017.11.09 2015두56748
의료업정지 등 처분취소
Text

The judgment below is reversed, and the case is remanded to Busan High Court.

The defendant's assistant intervenor's motion to intervene.

Reasons

1. The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Article 52(2) of the former National Health Insurance Act (amended by Act No. 12615, May 20, 2014; hereinafter “National Health Insurance Act”) delegates health examinations conducted for health insurance policyholders and their dependents to the National Health Insurance Act by Presidential Decree, including subjects, frequency, procedures, and other necessary matters.

Accordingly, Article 25(1) through (6) of the former Enforcement Decree of the National Health Insurance Act (amended by Presidential Decree No. 25583, Aug. 29, 2014; hereinafter “Enforcement Decree of the National Health Insurance Act”) provides for the types of health examinations, persons eligible to undergo health examinations, the number of times such examinations are conducted, examination institutions, and persons subject to notification, and Article 25(7) provides for “the items and methods of health examinations, the expenses incurred therein, the procedures for notification of the results of health examinations, and other matters necessary for conducting health examinations” as the Minister of Health and Welfare

Meanwhile, Article 14(2) of the Medical Care Assistance Act provides that the Minister of Health and Welfare shall determine the subject, frequency, procedure, and other necessary matters of health examinations provided to beneficiaries of medical care.

(2) Article 15(1) of the Enforcement Decree of the National Health Insurance Act provides that the National Health Insurance Act and Article 14(2) of the Medical Care Assistance Act provide for matters concerning health examinations conducted under the National Health Insurance Act and the Medical Care Assistance Act and subordinate statutes (Article 25(7) and Article 14(2) of the Medical Care Assistance Act). Article 15(1) of the National Health Insurance Act (Notice of the Ministry of Health and Welfare No. 2013-61) provides for matters concerning health examinations conducted under the National Health Insurance Act and the Medical Care Assistance Act, and whether the National Health Insurance Corporation (hereinafter “Corporation”) has conducted

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