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KMID : 1234820110120020189
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Korean Society of Law and Medicine
2011 Volume.12 No. 2 p.189 ~ p.217
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A Study of Whether Extinctive Prescription and Joint Payment Apply to the Right of Imposing Fine on the Law of National Health Insurance or Not
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Park Tae-Shin
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Abstract
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According to the current law of national health insurance, the Minister of Health and Welfare can impose a suspension of business or license, and a fine with medical institutions who violate the law. In case that medical institutions raise an action for nullity with each penalty, they ask for replacing the suspension of business with a fine during the pendency of the action. But there is a long gap of time between an offense and administrative measures. One violation cause several types of administrative measures (suspension of business or fine, suspension of license etc.) and different government departments impose these penalties. It takes a lot of time to organize their opinions and they are liable to impose penalties after considerable space of time because of overwhelming tasks. Then the medical institutions can sustain a loss by getting unexpected administrative measures after their offense against the law. Thus, this article review whether extinctive prescription apply to the right of imposing fine on the law of national health insurance or not. Meanwhile, we have no regulations imposing a same fine to co-representatives of medical institution who infringe the law of national health insurance. On this point, this study review whether they have equal duty on that or not.
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KEYWORD
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National health insurance, Extinctive prescription, Fine, Suspension of business, Suspension of liscense, Medical institution
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