1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who establishes a medical institution called “C hospital” in Gyeyang-gu Incheon Metropolitan City (hereinafter “instant hospital”) and engages in the medical business.

B. Article 207-3 of the Ministry of Health and Welfare’s notification on January 23, 2007 of the Ministry of Health and Welfare amended on January 23, 2007 (Detailed matters on the criteria and methods for the application of medical care benefits, and implementation on February 1, 2007) provides that the criteria for the application of medical care benefits for the surgery using artificial tapes shall be as follows (hereinafter “the criteria for the recognition of medical care benefits for the surgery”).

2) On November 27, 2008, the Health Insurance Review and Assessment Service prepared guidelines for the purpose of measuring and leaking the procedure and materials for medical treatment as follows: (a) the head head of the Health Insurance Review and Assessment Service, on November 27, 2008, on the ground that the detailed items of item (i) are less than 120ccH20mH; (b) the treatment fees and materials for medical treatment are less than 120ccH20mH; (c) the treatment fees and materials for medical treatment are to be borne by the patient, as the treatment fees and materials for medical treatment were not conducted by a standardized method of luminous pressure measurement and required leakage pressure test required in accordance with the recognition criteria of this case; and (d) the incorrect result of the examination occurred due to the occurrence of unnecessary operation, etc.; and (e) the treatment fees and materials are less than 120ccHH20mH; and (e) the treatment fees and materials are considered to have more preventive purposes than the treatment.

(F) From January 1, 2009, the examination guidelines of this case (hereinafter referred to as the “instant review guidelines”). The examination of luminous pressure or leakage pressure begin from the time when she was unable to breath, and begin with the time when she was found to have failed to breath, and is conducted through the method of measuring her shock and urine pressure.