1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff, B, and C (hereinafter referred to as “Plaintiff, etc.”) as the Plaintiff’s father and doctor, were operated together with “Esantetricians” (hereinafter referred to as “the instant Council member”) in Sinsan-si, Sinsan-si.

B. The Ministry of Health and Welfare’s notice No. 2007-3 (Detailed Matters on the criteria and methods for applying medical care benefits) was amended on January 23, 2007, which was enforced on February 1, 2007, pursuant to the Ministry of Health and Welfare’s notice on the criteria and methods for applying medical care benefits for the surgery (hereinafter “instant recognition criteria”) refers to the criteria for recognition of the surgery using artificial tapes (hereinafter “instant recognition criteria”).

On the other hand, the recognition criteria of the instant case were amended by the Ministry of Health and Welfare No. 2011-144, Nov. 25, 2011, as follows. The operation of the required amount using the artificial tape under the recognition criteria amended in 2011, are recognized as having been mainly mixed with the required amount of retension, which is determined as follows: (a) the principal amount of the required amount for retension, or the amount of the required amount for retension, is verified as a result of the epidemology test (the measurement of luminous pressure and the leakage pressure test); and (b) the required amount is less than 120ccH2O; and (c) other than the said recognition criteria, the treatment fees and the expenses for the materials for medical treatment, which are considered to have reduced the cost effectiveness and are more preventive than the treatment purpose (non-benefit benefits).

1. The surgical operation using artificial tapes shall be recognized in cases where it is necessary to conduct the surgical operation, since the main amount of pytension loss, gold, or pytension loss is confirmed as a result of the epidemology test: Provided, That a medical doctor in charge of diagnosis and treatment shall prepare a test report on the epidemology test by a doctor in charge of diagnosis and treatment including the following items, and submit it along with the test report and relevant test report at the time of a medical care benefit claim:

2. In addition to the criteria for recognition, all kinds of medical treatment costs (involuntary admission fees, narcotics and expenses for materials for medical treatment, etc.) are not medical care benefits (non-medical care benefits).