• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.3-28
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• 2022

Recently, the targets and clauses of negotiation between 'National Health Insurance Service (NHIS)' and Pharmaceutical companies has been expanded. Due to newly adopted 'Quality management clause', 'Compulsory supply maintenance clause' and 'Penalty for breach of contract clause', not only 'Ministry of Health and Wellfare (MOHW)'s 'drug listing' and 'Price cap' announcement, but also 'negotiation between NHIS and pharmaceutical companies' can be a legal sanction to the suppliers. Once secretary of MOHW order NHIS to negotiate with pharmaceutical company, NHIS notify this order to the company and enter into the negotiation. 'The order' exists in the public domain between the government (MOHW) and public institutions (NHIS) and does not constrain the legal rights of companies (Therefore companies cannot pile a lawsuit about the order). However, 'the notice' or 'negotiation' is an act which has a counterpart, can be a target of administrative litigation if the company get some disadvantages from the talks. Negotiations can be divided into four types according to "the target (whether it is listed on the insurance benefit list)" and "the purpose (whether the target is price or conditional)." In particular, negotiations on listed drugs, whose goal is to set unfavorable conditions for companies, can be illegal if there is no price. So we need to consider compensation for the company as an incentive to negotiate.

• Korean Journal of Construction Engineering and Management
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• v.20 no.5
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• pp.61-71
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• 2019

In this study, the constitutional basis of public concept of land and concept of development gains are confirmed, and justification of the development charges system through the precedent of the Constitutional Court is investigated, and suggestions for improvement of fairness and reliability of development charges calculation are proposed. First, it is necessary to develop a system for estimating the development charges for securing transparency of the development charges system, preventing speculative development projects, and streamlining administrative efficiency. Second, it is necessary to prevent bad calculation by institutionalizing the responsibilities of experts to construct specification of the development cost calculation sheet submitted by taxpayers. Third, in order to precisely calculate the development cost, basic data should be specified in conditions for approval from the time of granting permission, or it should be minutely described in development charge treatment regulations.