보건의료분야 리베이트 규제의 현황 및 개선방향

Drug rebates in the health care sector has been highly controversial. The reasons are as follows. First, it is directly related to public health. Second, it is not optional for patients. Third, it may undermine the fair trading system. As drug rebates have caused social issues, government has tightened regulations. In addition, a clause for banning the rebates was added to the medical law and there is ongoing discussion on the issue. In 2010, ‘dual punishment system' was introduced. It imposes criminal punishment against the rebate recipients, beyond simple administrative measures. Since the existing laws have limitations on regulating drug rebates, they were revised. Currently, the rebates are regulated under the medical law, pharmaceutical affairs law, and Medical Appliances Act. However, the current regulations should be improved by establishing clear illegality of the drug rebates and adjusting the scope of recipients. Also, the drug regulatory policy, a major cause of issues, should be improved steadily. Currently, the negative perception of drug rebates is widespread in Korea. Therefore, it is crucial to solve the issue with the following efforts, rather than trying to eliminate all rebates based on the competition law. First, rebates that distort the prescription of medical institutions should be eliminated. Second, the inflated drug price should be adjusted, given the unreasonable rebates. Third, drug prices should be reduced through competition. Third, the insurance finance should be strengthened. Fourth, the interests of patients should be respected. All those aspects should be considered to create a virtuous cycle and solve the issue with drug rebates.