1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff, B, and C (hereinafter referred to as the “Plaintiff, etc.”) as the Plaintiff’s father and doctor, had operated the “E Council member” (hereinafter referred to as the “E Council member”) in Silung-si.

The Ministry of Health and Welfare’s notice No. 2007-3 (Detailed Matters on the criteria and methods for the application of medical care benefits) enacted on February 1, 2007, which was amended on January 23, 2007, such as the Ministry of Health and Welfare’s notice on the criteria and methods for the application of medical care benefits for the operation of a gold operation, prescribed the following matters (hereinafter “instant recognition criteria”).

On the other hand, the recognition criteria of this case were amended by Ministry of Health and Welfare No. 2011-144 on November 25, 2011 as follows.

In the instant recognition standard, an operation using artificial tape for the purpose of using artificial tape in 2011 is found to be a epidemology test (the measurement of optical pressure and the leakage pressure test), where the main amount of pyotension, loss of pulpy, or pyotension, is confirmed, and where the pressure of leakage is less than 120 mH20,000. In addition to the said recognition standard, the treatment fees and expenses for materials for medical treatment are deemed to have a low cost effectiveness and to have a larger preventive purpose than the treatment (the costs of treatment) to be borne by the patient (the costs of treatment).

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 related test report at the time of a request for medical care benefit:

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), as they fall short of the cost effectiveness and are deemed to be more preventive than the treatment purpose.