임의비급여 의료행위와 진료비

Under the medical contract, the doctor is obliged to provide the best medical care to the patient, and the patient is obliged to pay for the medical care provided by the doctor. The National Health Insurance provides insurance benefits for medical treatment for illness or injury. The content of medical treatment is vast, so all medical treatment can not be covered by the National Health Insurance from the financial consideration. In addition, the content of medical care is vast, and it is not easy to regulate the benefits and non-benefits in a precise manner, resulting in arbitrary uninsured benefits. The National Health Insurance Service has been using the unjust enrichment provision of the National Health Insurance Act to control arbitrary uninsured benefits, and the Supreme Court has approved this in principle. As a result, patients have been unable to receive medically necessary medical care. The Supreme Court has established exceptions that allow for the acceptance of payments for discretionary benefits. In many areas, however, this exceptions are either inapplicable or limited to urgent medical needs. The National Health Insurance Act does not include as part of its legislative objectives the control of the contents of medical contracts between patients and doctors, nor is the system of unjust enrichment under the National Health Insurance Act designed to control arbitrary uninsured medical services. Prohibiting arbitrary uninsured benefits in principle will not help the finances of the NHS. Furthermore, the arbitrary uninsured benefits that should be banned are only a small part of the types of arbitrary uninsured benefits, most of which are in response to the patient's medical needs. The principles and exceptions of precedents should be reversed, and patient protection should be at the centre of the arbitrary uninsured medical services.