All
| TITLE | 【Syllabus of the Latest Opinion】Supreme Court en banc Decision 2018Da287935 Decided March 18, 2021 【Lawsuit Seeking Insurance Money, etc.】 [full Text] |
|---|---|
| Summary | |
|
【Main Issues and Holdings】 In a case where the National Health Insurance Center (NHIC) provided insurance benefits to a victim of a tort and, pursuant to Article 58(1) of the National Health Insurance Act, subrogated the aggrieved party’s right to claim reimbursement of medical expenses incurred thus far against the offender, the extent to which the right of subrogation cam be exercised (held: the amount corresponding to the offender’s percentage of liability of the expenses borne by the NHIC) In a case where the aggrieved party, having received insurance benefits in accordance with the National Health Insurance Act, files a claim for damages against the offender, and where the aggrieved party is found to have also been negligent in causing the injury, the method of calculating the amount of a claim for reimbursement of the medical expenses incurred thus far (held: assessing the amount of the damages after deducing the amount borne by the NHIC from the total amount of the medical expenses incurred by the aggrieved party) In a case where the aggrieved party received insurance benefits after a third party who has offered compensation for damages, the extent to which the NHIC can recover from the victim as unjust enrichment in accordance with Article 57 of the National Health Insurance Act (held: the amount corresponding to the offender’s percentage of liability of the expenses borne by the NHIC) |
|
