진료비에 관한 법적 연구 -국민건강보험과 진료비 청구소송을 중심으로-

This article aims to propose several ideas concerning national health insurance and lawsuits over medical fees from the perspective of Legal Argumentation in Practice. The three key arguments are as follows: First, it is not appropriate to prohibit arbitrary uninsured medical services. The main reasons are the advancement of medical technology, patients’ right to select the treatment methods, and doctor’s duty to exercise due care for the patients. Informed consent is required to allow arbitrary uninsured medical services. Second, it is needed to relax medical care benefit standards. The Health Insurance Review and Assessment Service should give doctors an opportunity to submit materials demonstrating the medical necessity of the treatment. It is advisable to impose a duty on doctors to provide prior explanations of medical services. Third, it is necessary to mitigate doctors’ liability in lawsuits concerning medical care benefits. It is not fair to impose liability just because Health Insurance Review and Assessment Service reduces the total amount of medical fees. It is appropriate to consider concrete factual findings.