국민건강보험법 요양급여비용 지급보류처분 규정에 대한 고찰- 대전고등법원 2018누12938 위헌제청결정을 중심으로 -

National Health Insurance Act(NHI Act.) Article 47-2(1) specified that National Health Insurance Service(NHIS) has the right to withhold payment of costs of health care benefits paid to non-medical practitioner hospitals that have been illegally established against Medical Service Act Article 33-2, upon the receipt of notification of investigation results by investigating agency. This is for the financial stability of the Health Insurance System from poor follow-up measures. The purpose of this study is to analyze paragraph which stated withholding payment of costs of health care benefits and suggest solutions by examining the purpose of a claim for reimbursement of health care costs under the system of forcibly designating institutions of medical treatment and recuperation. NHI Act Article 47-2(1), Withholding payment of medical care costs restricts the claims for payment of costs of medical care as one of the means to hold payment to health care institutions for financial soundness. The restriction on the exercise of private property rights for public welfare is acceptable in case of proportionality fully respected, and clear-cut lines should be set up in the law about restricted property proportion and period for property holder well recognized. Still, there are predicted issues result from undue limitations and the absence of paragraphs about the cancellation of restriction. In final consideration, legislation should be established about when it occurred and how much it limited on the withholding of payment of costs of health care benefits, and legislative reformation is recommended that NHIS retreat withholding payment of medical costs or grant a stay of execution, in case of the final verdict of acquittal arrived before the judiciary make a conclusion of judgment.