국민건강보험공단 조사 권한의 문제점과 개선방안

초록

Background: Several bills were proposed during the 20th and 21st National Assemblies to grant special judicial police powers to employees of the National Health Insurance Corporation (NHIC) to improve the low recovery rate of unfair profits collected by non-medical practitioner hospitals. The Ministry of Health and Welfare made a pre-announcement of legislation regarding the revision of the Enforcement Decree of the Medical Law, aiming to delegate certain enforcement responsibilities, including investigations into illegally established hospitals. This study discusses the contents and issues related to the bill, focusing on the revision of the Enforcement Decree of Medical Law and the bill proposed by the 21st National Assembly. Furthermore, it proposes improvements to address the challenges posed by non-medical practitioner hospitals. Current Concepts: We pointed out concerns regarding the bill to grant special judicial police powers to NHIC employees, such as the potential infringement of basic rights due to a lack of expertise among these special judicial police, a reversal of procedural thinking, challenges in identifying illegal hospitals, the appropriateness of granting investigative rights to NHIC employees, and the risk of abuse of these rights. Discussion and Conclusion: We propose strengthening the establishment, operations, and supervision of medical corporations; introducing a preliminary monitoring system for the establishment of medical institutions through branches of medical personnel organizations; and implementing a leniency program.

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