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KMID : 1234820190200010025
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Korean Society of Law and Medicine
2019 Volume.20 No. 1 p.25 ~ p.43
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Substantial Fairness in the Administrative and Judicial Process of Medicine Price Cut in Korea
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Park Sung-Min
Lee Tae-Jin
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Abstract
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This study analyzed the problem of the time difference of medicine price cut in Korea according to the administrative and judicial process and sought to present the amendment in the related law to achieve substantial fairness. We considered unfairness of medicine price cut caused by the administrative and judicial process in three situations, the approval-patent linkage system, realistic differences in the practice of administration and suspension of price cut execution. Based on it, we reasoned out the solution to get substantial fairness in the administrative and judicial process of medicine price cut in Korea. Although each step of the administrative and judicial process is lawful and reasonable, the time difference of medicine price cut according to the administrative and judicial process can result in damages or windfall to both of pharmaceutical company and National Health Insurance Service. In the present legal system of Korea, it is unable to be correct. Thus, we present the amendment to correct the damages and windfall when it happens.
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KEYWORD
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Medical price cut, Approval-patent linkage system, Suspension of execution, Substantial fairness, Process
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