Plaintiff (Attorney Yoon Young-young, Counsel for the plaintiff-appellant)

Health Insurance Review and Assessment Service (Attorney Park Jong-chul, Counsel for defendant-appellant)

December 22, 2015

Seoul Administrative Court Decision 2014Guhap15375 decided April 9, 2015

1. Revocation of a judgment of the first instance;

The part of KRW 9,200,000 pertaining to constant cancer treatment shall be revoked among the disposition of confirmation and notification of excessive personal charges against the Plaintiff on March 14, 2014 by the Defendant to Nonparty 1.

2. All costs of the lawsuit shall be borne by the defendant.

The same shall apply to the order.

1. Determination as to the background of the disposition and the defense of the main safety

This Court's explanation is based on Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Blood domination is a “health insurance act’s benefit, non-benefit list, and relative point value of benefits” (Notice of the Ministry of Health and Welfare No. 2010-123, hereinafter “Notification of the Ministry of Health and Welfare”) publicly notified by the Ministry of Health and Welfare. Thus, the instant disposition based on a different premise is unlawful.

(b) Relevant statutes;

Attached Acts and subordinate statutes, etc. shall be as listed.

C. Facts of recognition

1) The definition, history, etc. of the pharmaceutical beverage

A) Definition: Pedcinging is a single medical practice that maximizes the effects of medicine and sediment by inserting or inserting the drugs extracted from herb, based on the sclosion theory, which is the theory of adjudication of successful bid, which is the theory of oriental medicine’s own closion. Pedclosion is a kind of the new closion method combining the Bedclothe and the Pharmaceutical Products Act, which is a combination of the Bedclothe and the Pharmaceutical Products Act. The Bedclothe method is based on the theory of adjudication of successful bid, and the prescription is based on both the theory of adjudication of successful bid and the sclosion. While taking the process of the procedure, the selection of medication is mainly based on the theory of adjudication of successful bid, and the selection of the treatment part is the unique technology of oriental medicine developed into science and technology and medical devices.

B) History: Around 1967, the paper was introduced into the Korean medical academic world to writing on the pharmacological law in the "Successful Bidding 1 and 2", and the term "herbalmism" was used in full scale. The summary is being studied and developed in countries where the Korean Medical Treatment Act is growing, such as Korea, China, Japan, etc., and the Korean Medical Care Association was established on August 26, 1990 in Korea.

C) Characteristics and principles: If the existing Bedcing Act provided treatment of a disease by transmitting a physical stimulation through bid and light blood linked to books and records, the pharmacological is used as an additional treatment method to overcome the chemical saculic saculic sacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacacs, etc.

D) The current status of education: A college of oriental medicine provides regular education related to pharmacological surgery from around 1995.

2) The definition of blood cryptism, method of practice, etc. according to textbooks

A) Definition and history: Blood domination (here, drugs directly influorction is introduced to the present time, and normally influenction is introduced) means the treatment of diseases by inserting a certain quantity of drugs extracted from the drugs refined in mountain ginseng, etc. into beer (i.e., blood beer in mountain beer in cluorcation). Pucination is introduced as “cincincincation by inserting mountain ginseng or mountain ginseng cincincation, and then by using it for the first time incincincation.” From around 2010, active use of bloodcincincincation is from around 2010.

B) Distincing from crypism and other pharmacological therapy: Macrypism is ① to use crypism mainly from the method of surgery. ② to use crypism in all kinds, and in particular to obtain excellent effects on crypism. ③ There are many cases where cryposiss are effective in all cryposiss that are suffering from cryp cancer or under the hyposis, and all cryposis diseases that are difficult to see the effect of existing treatment. ④ Not less than 20ml which are less than 60ml which are less.

(c) Academic significance: Blood beercincincincinc incincincincincincincincincincincincincincincincincincincincincincincincincincincin

(d)the difference between ordinary pharmacological, injection and dyecinary dyecinary dyecinary (pyecinary d.)

In the case of an injecting 1.0ml in the body of the Korean Medical Association, the head of the Si/Gun/Gu shall select the parts and methods of the climatic climatic treatment (climatic cliffic clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific c).

Note 1) Transcoma

Note 2) Malasc

Note 3) BV

Note 4) Jackers

3) Details of the instant public notice

A) Around January 2001, medicine was subject to medical care benefits under the National Health Insurance Act [10/100 items for which one’s own burden (the items corresponding to benefits cannot be received at will and the amount to be paid to the patient is determined as non-benefit items)]. Since January 2006, medicine was converted into non-benefit items.

B) The subject of the reimbursement for the royalty for the oriental medicine treatment as set out in the instant notice is 15 items, including “the climatic climatics, internal climatics, non-river mouths, climatics, internal climatics, ebbrates, investment methods, electronic bed, electronic bed, rashing, drackscopic, powder bed, bed, bed, bed, bed, ebscopics, bed, ebscopics, bed, ebscopics, bed, ebscopics, ebscopics, and Onnuri Auction Act.”

4) The defendant's explanation about the defendant's pharmacological alcohol

The Defendant’s new medical technology (act No. 6) provides that “hymnasium (act No. 6)” is “hymnasium drugs refined and extracted from pure medicine to maximize treatment effects both by inserting refined and extracted drugs into hymnassis.”

5) Interpretation of the Ministry of Health and Welfare

On July 26, 2013, the Ministry of Health and Welfare respondeded to the following contents with respect to the Gangnam-gu Medical & Pharmaceutical Affairs-22076 cases:

As to whether an act of medication of mountain drugs with scambry in the table included in the main text of this Act is medical practice of an oriental medical doctor (here, herb doctor’s assertion of cambalination) - The Medicine Act, based on the sclosion theory of oriental medicine, is an oriental medical practice that enables oriental medical doctors to perform as a method that maximizes the effects of medicine and sediment by inserting the affected amount extracted from oriental medicine into pressure points, successful bid, and sclosion points, etc. on the basis of the sclosion theory of oriental medicine, and is academicly distinguishable from the act of injection, such as clodrosis, etc. - In addition, it is interpreted that an oriental medical doctor’s injection in closion which is not in accordance with the oriental medicine principle cannot be deemed a medical practice within the scope of license (see, e.g., Supreme Court Decision 201Do

6) Interpretation of the Korean Medical Association

A) The “Revision to Classification of Korean Standard Medical Practice” prepared by the Korean Medical Association around November 2008 is indicated as the “Mere Classification: Pharmaception, mid-classification: Pharmaception, small-scale classification: Pharmaception, small-scale classification: Pharmaception, Cheongneutaction, and maceptionaception.”

B) The Korean Medical Association prepared around October 2013 by the Korean Medical Association (hereinafter “Korea Medical Association”) on the standardization of the classification system by non-benefiting items and the development and research of the act definition, “the development and research of the act definition” is indicated in the type of non-benefiting act (malutism: emergency disease, acute dyephism disease, chronic expendable disease, chronic expendable disease, subject: Macro, pacsis, and Cheongne).

C) On December 10, 2013, the Korean Medical Association sent a reply to the request of the opinion on the concept of blood transfusion among the classification of the successful bid on December 10, 2013 to the effect that “the concept of blood, blood, is a concept that includes modern blood sources, and blood is used as the subject and means of treatment in oriental medicine (in accordance with the Prostitution Act, it is included in the meaning of the successful bid).”

7) Opinions of the professional examiners of the trial court

A) Pedercing surgery is to prepare various medicinal herbs based on the theory of bedclothes and the principal theory in certain ways, and to treat diseases based on the drug effects mainly by cutting them into the blood beer.

B) There has not been a case of having been reported as a side effect until now with respect to the cryposis, and there has not been no side effect in animal testing or clinical trials.

C) Many clinical papers have been reported in relation to the climatic surgery, there are common teaching materials in the curriculum of oriental medicine colleges, education and clinical practice are conducted in the major subjects, and multiple oriental medical doctors are using them for various diseases.

D) Blood is used in the context of oriental medicine, which was used in the context of crypology, and the implementation of cryposis constitutes oriental medicine technology that has been used almost the same time as the outbreak of oriental medicine. The crypology in oriental medicine is the most basic treatment technology of bedclothes (i.e., 5) crypology. According to international standards published by the World Health Organization (WHO)’s blood location map, it is clearly stated that the part of crypology directly administering crypine is located in human body.

E) In order to enhance the accuracy and utilization of the “Korean Standard Medical Practice Classification” enacted in 2001, the Korean Medical Association has carried out a research project to supplement the problems that were not reflected at the time of enactment or that were needed to be amended after enactment since 2006. The classification of oriental medical practice was made by the Korean Medical Association, the Korean Korean Korean Medical Association, and the Research Participants through several meetings, to record only those classified as benefits or non-benefits under the current Medical Service Act and the Health Insurance Act, and to manage them separately by non-determination.

(In fact that there is no dispute beyond recognition basis, Gap's evidence Nos. 4, 5, 6, 7, 9, 10, 13, and 23, Eul's evidence Nos. 4, 5, and 6, and the purport of the whole pleadings (including the opinion of non-party No. 2 of the court of a trial)

D. Determination

1) Relevant legal principles

According to Article 53 of the Medical Service Act, Articles 8, 9(1), 10(1)1, and 11(1) of the Regulations on the Standards for Medical Care Benefits in National Health Insurance (amended by Ordinance of the Ministry of Health and Welfare No. 157, Aug. 31, 2012; hereinafter “Rules on Medical Care Benefits”), with respect to a new medical technology (i.e., subject to new medical technology assessment), for which no decision has been made by the Minister of Health and Welfare as to whether it is a medical care benefit subject, the Minister of Health and Welfare may request the Minister of Health and Welfare to determine whether it is a medical care benefit subject after undergoing a new medical technology assessment by the Committee on the Evaluation of New Medical Technology, and then apply for the determination of whether it is a medical care benefit subject to new medical technology assessment, only if the person applies for the determination of whether it is a

According to Article 2 (1) and (2) of the Regulations on the Evaluation of New Medical Technology, any medical technology whose safety and effectiveness are not assessed, and whose purpose of use, object of use, method of treatment, etc. is deemed necessary by the Minister of Health and Welfare to be assessed, and which is deemed necessary by the Minister of Health and Welfare to be assessed is subject to new medical technology assessment.

On the other hand, among the oriental medicine act, only when the new health technology evaluation committee conducted new health technology evaluation and recognized the safety and effectiveness of the new health technology evaluation and applied for the Minister of Health and Welfare to determine whether the health technology is eligible for health care benefit. However, considering the fact that the oriental medicine act is based on traditional oriental medicine from our pre-building in Korea, or that the act of preventing or treating diseases applied and developed scientifically (see Constitutional Court Order 2002Hun-Ba23, Feb. 27, 2003 and Article 2 subparagraph 2 of the Korean Medical Care Promotion Act) is an act of preventing and treating the new health technology, the determination of whether the new health technology evaluation is eligible for health care benefit or the act of using the traditional health technology evaluation is similar to the one of the medical care benefit, and how it is different from the one of the medical care benefits or the one of the medical care benefits provided for improvement benefits, and how it is applied and developed scientifically, and how it can be determined by the new health technology evaluation system in a comprehensive manner.

2) Whether the surgery is included in the pharmacological surgery

In full view of the following circumstances acknowledged by adding the aforementioned facts and the written evidence Nos. 8 and 32 to the whole purport of the pleadings, it cannot be deemed that there is an essential difference in the pharmaceutical surgery, which is non-benefit items already listed in the notice of this case, and the subject, method, method, and efficacy of the procedure, etc., and it cannot be deemed that new medical technology assessment should be prior to the assessment of one's own charges from the winners as a legal improvement benefit. Thus, the disposition of this case made on a different premise is unlawful.

A) The concept of pharmacologicalism

According to the notice of this case, the medicine is classified as non-benefit items. There is no provision regarding the concept or item of the medicine, and even the harm theory of the defendant's new medical technology notification items is merely called "the parallel operation of sediment and herb by injecting the medicine into a blood," and therefore, it is necessary to determine the scope of the pharmacological. Therefore, in determining whether certain medical technology is included in such pharmacological, it is necessary to examine whether there is an essential difference between the treatment division and the treatment method (injecting into a blood transfusion), the treatment effect and efficacy, and efficacy (in combination with the effect of injecting and herb), the safety and effectiveness of the medicine in consideration of the interpretation of an agency with public confidence or opinions of experts, the form and effect of the medicine treatment procedure, the form and effect of the medicine therapy actually conducted in clinical, and the details of payment of health care benefit during that period.

B) Medical records

First of all, the part of the surgery is about the part of the surgery. The part of the surgery is about the part of the adjudication. The part of the surgery is about the part of the adjudication. The part of the adjudication refers to the part of the adjudication, which is the part of the adjudication, which is the part of the adjudication. The one of the adjudication is the concept of modern blood transfusion and has been used as the subject and means of treatment in oriental medicine, such as self-harmacilation. Accordingly, even if the surgery is conducted on the part of the surgery for the crymosis, in particular, it does not necessarily be excluded from the scope of the sedimentation solely for that reason. The Ministry of Health and Welfare also determined that there is no need for separate application for new medical technology since it is included in the racer who is recognized as a new medical technology (the part of the surgery at which the blood connection is located, which is the part of the adjudication).

C)the method of practice

Next, the method of treatment is considered as follows. The main method of treatment is to put drugs into the part of the treatment by using an instrument such as a pharmacological scambling, etc. on the part of the treatment, and the drug used for cambling is identical in that it is made after mixing and filtering mountain ginseng for the purpose of treating scambling and scambling with scamine for the purpose of treating scambling and self-treatment using scambling ability, and is included in herb drugs according to the principle of oriental medicine such as drugs used for cambling.

However, in the case of serum medication, the volume of drugs that are put in exceeds the volume of drugs that are ordinarily put in effect. However, in the case of pharmacological surgery, the volume of drugs to be put in is not uniformly determined, but varies depending on the pharmaceutical material and disease. Therefore, it is difficult to view that the two are essentially different on the basis of the volume difference.

(d)onomy efficacy;

Next, prior to the occurrence of efficacy, it is true that it is true that the purpose of pharmacological is to impose medicinal surgery according to the theory of successful bid in addition to the physical stimulations according to the theory of successful bid, while it is true that it is necessary for doubt as to whether the pharmacological surgery is not equivalent to the pharmacological surgery of both medical science, not the pharmacological surgery of oriental medicine, since it is mainly aimed at the pharmacological effects of solar ginseng.

However, it seems that the adjudication of successful bid theory does not necessarily require an erosion to be conducted on the part of a person. In other words, it is included in the category of the procedure to be conducted on the part of a person, other than a climatic blood, such as internal climatic, diversing, spine erosion, and vertebrate, and also includes the relevant part of the body, such as pressure points, in addition to the climatic transfusion. In addition, a large number of climatic drugs directly pass through clisome or beer, or are located on the part of the same line, and the climatic surgery, such as being received as one of the climatic surgery, seems to have been premised on the climatic effect on blood transfusion. In fact, in this case, the Plaintiff appears to have submitted 1 climatic surgery on the basis of each climatic surgery on the basis of 5 climatic surgery on the basis of climatic surgery on the part of an institution or pulmonary climatic, and 1 mal surgery on both sides.

In reference, the defendant, although there is little drug effect as to "the Mecule 6th Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule Mecule" by inserting a special room through mecule Mecule Mecule, it

(e)effective and safety;

From around 2004, the paper on the surgery has been actively published. From around 2010, many oriental medical doctors performed the surgery on the premise that the surgery is a kind of pharmacological, and there seems to be no particular case where the side effects of the surgery are reported, and there are many cases showing that the surgery has certain effects on cancer treatment. Furthermore, the current surgery is currently included in the curriculum of oriental medicine, and is also introduced as one of oriental medicine textbooks. As such, it is difficult to view that there is a great need to evaluate whether the surgery is a new medical technology related to the surgery in light of the fact that the surgery has been conducted without any special problem, and education or practice on the surgery has been conducted.

Meanwhile, according to the Korea Medical Association’s “Amendment of Classification of Korean Standard Medical Practice” prepared by the Korean Medical Association around November 2008 and “Research on the Standardization of Classification System by Specifics of Non-Payment and the Development of Action Definition” prepared by around October 2013, the term “blood Medition” or “blood Medition” includes one of the pharmacologicals. This includes gathering experts’ opinions through several meetings, and the Korean Medical Association, the Korean Medical Association, the Korean Medical Association, and the Korean Medical Association, and the Korean Medical Association, as the guideline provides medical practice, shall be respected as much as possible. As such, the method of classification of the Korean Medical Association should be respected.

3. Conclusion

Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance and the disposition of this case are revoked, and it is so decided as per Disposition.

[Attachment]

Judges Jan Jin-hun (Presiding Judge)

1) It is desirable to conduct the procedure after selecting another light blood or moving the beer by being pushed by hand when the satise satise satise satise satise satise satise satise satise satise satise satise satise s

2) Theses submitted by the Plaintiff are most written only that the place of the procedure is the beer (in particular, while the place of the procedure of the beecination is written specifically, the place of the beecination is written only when the place of the procedure of the beecination is written as the blood pipe), and there is also written that the part of the procedure of the beecination is written (Evidence 21-3, No. 4 of the A), and the Plaintiff was administered with the blood transfusion in accordance with the theory of adjudication on the successful bid on January 25, 2016.

Note 3) In the Germany of punishment, pure meittin is divided and limited.

4) It was extracted from the Thai team.

Note 5) The procedure for treating diseases by discharging fats by releasing the blood of a small amount on a somewhat wide side with the end of the knife bed, such as chills, through a snife bed, such as snife chills (see, e.g., the inquiry reply to the Korean Medical Association of Korea, 11, 12 pages).

Note 6) In the early stage, drugs were laid into the room, but the surgery room and sex-type room are used in the surgery room (see evidence 9, evidence 26, 27, evidence 24, evidence 24, and evidence 4).