Earticle

초록

영어

The National Assembly of Korea established the Clause 2(Assessment Contract), Article 12, by revising the Motor Vehicle Compensation Guarantee Act in part on Nov. 29, 2011. The purpose of the new Clause 2, Article 12 of Motor Vehicle Compensation Guarantee Act was “to prevent leakage of insurance benefits and improve the medical service quality by strengthening specialty, objectivity and fairness of the medical charge assessment for auto insurance through the medical charge assessment contract with the Health Insurance Review and Assessment Service, the professional assessment institution, because of serious leakage of insurance money by false and excessive medical examination and insurance fraud.” The legal status of Health Insurance Review and Assessment Service in accordance with Motor Vehicle Compensation Guarantee Act is the contractor for medical charge assessment with the insurers. In other words, when an insured causes a car accident and a medical institution requests the medical charge after taking care of that insured, the Health Insurance Review and Assessment Service assesses if the medical treatment is appropriate for treatment details, determines the medical charge and notifies it to the medical institution. The Health Insurance Review and Assessment Service is the contractor of insurers which does the businesses related to assessment and claims executed by the insurers in the past. The system which an objection against medical charges determined by the Health Insurance Review and Assessment Service, the assessment contractor, is made and the final means is the legal action in a court when such objection is not accepted is very unfair treatment for medical institutions in terms of fairness and equity. Accordingly, the insurers shall prevent any objections against the assessment results by the Health Insurance Review and Assessment Service, their contractors for assessment to which they pay the fees. If it is considered that the assessment results by the Health Insurance Review and Assessment Service is unfair, it is required to revise the provisions of Article 19 (Assessment Request on Medical Charge of Auto Insurance and Others), Motor Vehicle Compensation Guarantee Act, to enable the medical institutions to request the assessment to Auto Insurance Council for the equity between insurers and medical institutions.

목차

Ⅰ. 서론
 Ⅱ. 우리나라의 자동차보험진료수가제도 쟁점
 Ⅲ. 자동차손해배상보장법 제12조의2 시행에 따른 문제점 검토
 Ⅳ. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 정정일 [ Jeong, Jeong-Ile | 경기대학교 법학과 대우교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340