「약제 급여적정성 재평가」에 관한 행정법적 문제

Abstract

According to the result of Value Reevaluation of Currently Listed Drugs, it is possible to adjust the notice of Drug Pricing List and the notice of Pharmaceutical Method. The Problem of determining the legal nature of these notices becomes more difficult due to its legal nature, which are open to administrative adjudication and rulemaking. By examining the laws underlying these notices, it was identified what kind of administrative action was expected to be included in these notices. And its legal nature was reviewed according to the direct subject of regulation, the case of discipline, and the person of discipline. As a result, it was determined that the notice of Drug Pricing List regarding a specific drug corresponds to a administrative adjudication, and the notice of Pharmaceutical Method regarding a specific drug corresponds to administrative rulemaking. Furhermore, these notices are subject to administrative litigation. However, the fundamental cause of these difficult problems is that the National Health Insurance Act does not adhere to the non-delegation doctrine. In addition, the inclusive attitude of the theories and precedents that made this possible also played a role. Therefore, it is necessary to go back to the principles and solve the problem.