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TITLE [03_17_22] Public pleading conducted by the Supreme Court Small Bench III
ATTACHMENT Public pleading conducted by the Supreme Court Small Bench III.docx

On March 17, 2022 Thursday at 15:00, the Supreme Court Small Bench III (Presiding Justice KIM Jae-hyung) held a public pleading at the grand courtroom for the case claiming refund of insurance money out of the private medical indemnity insurance regarding the optional non-benefit medical treatment. 

This case is about where an insurance company claims refund of medical expense taking issue on the doctor’s mammotome medical procedure and medical practice.
In such case, generally, the insurance company claims refund of the insurance money to the patient who received the insurance money under the private medical indemnity insurance. Then, accordingly, the patient claims refund of the medical expense to the doctor. If the insurance company wants to directly claim refund of the medical expense to the doctor, it has to prove that the patient lacks means.  
In this case, the legal contentious issue was the argument made by the insurance company which asserted that it can directly claim refund of the medical expense to the doctor without having to prove patient’s lack of means.
And, the mammotome medical procedure which is subject to the optional non-benefit medical treatment has been confirmed its safety and effectiveness by the New Health Technology Assessment in July, 2019. The issue in this case was whether or not the mammotome medical procedure conducted prior to that time is permitted.

In this public pleading, experts (doctors) made their presence as a person for reference for the plaintiff and the defendant, respectively to support argument for each side, to state their opinions, and to listen in. 

The Supreme Court plans to continue its efforts to expand public pleadings for high-profile cases that can bring about an enormous social repercussion. The Court will do its utmost to deliver on its function as a policy-making court and to improve public confidence.

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