국민건강보험법상 보험급여수급권의 제한규정에 관한 고찰 - 대법원 2010. 6. 10. 선고 2010도1777판결(공2010하,1393) -

Abstract

The legislative purpose of National Health Insurance is to promote national health and improve the social security by providing necessary health insurance claim for disease, injury, birth,and death, etc. In accordance with provisions of paragraph 1, Article 53 of the National Health Insurance Act, when a person who is eligible to receive health insurance claim falls under one of the following subparagraph,the National Health Insurance Public Corporation shall not provide any insurance benefit: 1. When he has intentionally or through gross negligence caused a criminal act or intentionally contributed to the occurrence of an accident. According to this provisions, how to interpret and apply them, it may cause some problems related with insurance benefit which will be paid or not. This thesis will take a look at problems what have regarding the limited-payment health insurance claim in the National Health Insurance Act. A rapidly the aged, growing industrialization in modern society, longer life expectancy and various social risk are increasing the demand for insurance care as a remedy. The legislative purpose of National Health Insurance Act is to provide fundamental medical care service with low cost to national as much as possible. The National Health Insurance Act will preserve national health and property as protect social risk with National Health Insurance. But this is against both the legislative intention and legislative purpose which is the object of the country as insurer to promote national health and happy life in the National Health Insurance Act.