All appeals are dismissed.

Costs of appeal shall be borne by each party.

The grounds of appeal are examined.

1. Regarding the explanation and consent method of voluntary non-benefit medical treatment (the plaintiff's ground of appeal and the defendant's ground of appeal No. 2)

A. The judgment of remanding the instant case, even if the medical care institution conducts at will non-benefit treatment outside the framework of the national health insurance and received the expenses from the subscribers, etc., under the circumstances where there is no procedure, such as (i) inclusion of it into the medical care benefit subject or non-benefit subject within the national health insurance framework or reasonably adjusting the relevant medical care benefit costs, or (ii) the procedure is in place.

In light of the contents and urgency of non-benefit medical treatment and other specific circumstances, such as the content of the procedure and its required period, the process of the procedure, etc., it is difficult to deem that the treatment was avoided. ② The medical necessity of the treatment is not only the medical safety and effectiveness, but also the criteria for recognition of medical care benefits. ③ If the consent was obtained from the subscriber, etc. to receive the treatment at his/her own expense by sufficiently explaining the contents and expenses in advance, it cannot be deemed that the treatment constitutes “the time when the policyholder, etc. receive the medical care benefit cost or causes the subscriber, etc. to bear them

Here, the consent of the insured is expressed to the effect that the insured, etc. waives the entitlement to national health insurance and wishes to receive the relevant medical treatment by bearing the full amount of the medical expenses. The explanation given by the medical care institution prior to such consent is meaningful to provide the information necessary for determining whether the insured, etc. gives consent.

Therefore, the medical care institution's explanation to the insured, etc. is the content of the relevant medical care and its treatment.