1. All of the plaintiff's claims are dismissed.

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

Basic Facts

The Plaintiff, including the status of the parties, is a juristic person established pursuant to Article 13 of the National Health Insurance Act and engaged in the business of qualification management of the national health insurance policyholders and their dependents, imposition and collection of guard fees, and other dues under the same Act, management of insurance benefits, and payment of insurance benefit costs. The Defendants (hereinafter the Defendants Co., Ltd.) are pharmaceutical companies engaged in the business of manufacturing and selling medicines.

According to Article 41(1) and (2) of the National Health Insurance Act, Article 45(7) of the Enforcement Decree of the same Act, Article 22 of the same Act (wholly amended by Act No. 11141, Dec. 31, 2011; Article 39(1), (2), and Article 42(7) of the former National Health Insurance Act; and Article 24(3) of the Enforcement Decree of the same Act, the Minister of Health and Welfare shall determine and publicly notify the maximum amount which serves as the basis for the repayment of expenses for medicine subject to health care benefits after deliberation by the Health Insurance Policy Deliberative Committee, and the Minister of Health and Welfare is able to claim purchase expenses for medicine to the Plaintiff

After the National Health Insurance Act enters into force on July 1, 200, the Minister of Health and Welfare changed the name from August 21, 2002 to the “Criteria for Determination and Coordination of Undetermined, etc.” (from August 21, 2002, the name was changed to the “Criteria for Determination and Coordination of New Health Technology, etc.” from October 1, 2010, and the name was changed to the “Standards for Determination and Coordination of Drugs”; hereinafter the “Standards for Coordination”) and the “The Table of Amount on the List of Drugs and Benefit” (hereinafter “Maximum Amount Table”) subject to health care benefit pursuant to the “Standards for Determination and Coordination of Undetermined, etc.” (hereinafter “Standards for Adjustment”).

According to the instant adjustment criteria for raw material direct production medicines, an application for registration has been filed.