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1. The list and reimbursement of pharmaceutical benefit No. 2014-57 publicly notified by the Defendant on April 18, 2014 by the Ministry of Health and Welfare is the list and reimbursement of pharmaceutical benefit.
Reasons
1. Details of the disposition;
A. The Plaintiff is a company that engages in the manufacture and sale of medicines.
In around 209, the Plaintiff and the National Health Insurance Corporation (hereinafter the “Corporation”) anticipated the Plaintiff’s 10 milliss (Liblzidine)’s use of the instant drug at KRW 33,100,000 per annum. Around 2009, the Plaintiff and the National Health Insurance Corporation (hereinafter the “Corporation”) agreed to include the maximum amount of the instant drug at KRW 290,000. Accordingly, the Defendant revised the Ministry of Health, Welfare and Family Affairs’s notification on June 25, 2009 in the list of pharmaceutical benefits and the list of the maximum amount of benefits (hereinafter the “mark of pharmaceutical benefits”). From July 1, 2009 to include the maximum amount of the instant drug at KRW 290.
B. The reproduction of the instant pharmaceutical product and its ingredients, content, dosage, etc. (ordinaryly referred to as “the character drug”) were included in the wage list on April 1, 2013.
Article 13(4)5 of the former Regulations on the Standards for Medical Care Benefits in National Health Insurance (amended by Ordinance of the Ministry of Health and Welfare No. 230, Dec. 31, 2013; hereinafter “former Medical Care Benefit Standards”) and Article 8(2)6 and attached Table 1 of the former Guidelines for Determination and Coordination of Medicines (amended by Ordinance of the Ministry of Health and Welfare No. 2013-145, Sept. 26, 2013) were amended by the Ministry of Health and Welfare Notice No. 2013-76, May 29, 2013, the Defendant publicly announced that the maximum amount of the instant medicine is changed to KRW 203,00 from July 1, 2013 to KRW 15,00 from April 1, 2014 (hereinafter “former Medical Care Benefit Standards”).
C. On January 2014, the Health Care Benefit Standards for the Korea Health Care Benefit and Article 13(4)1 of the former Health Care Benefit Standards and Article 13(4)1 of the former Medical Care Benefit Standards before the Ministry of Health and Welfare’s announcement No. 2013-209, Dec. 31, 2013; hereinafter “the former Medical Care Benefit Standards”).
Pursuant to Article 8 (2) 1, etc., drug benefits shall be provided through pharmaceutical negotiations, including the instant drug.