[JoongAng Ilbo] Lee & Ko Wins NDMA-related Unjust Enrichment Lawsuit Against the National Health Insurance Service

On January 27, 2026, JoongAng Ilbo reported that Lee & Ko, representing pharmaceutical companies, prevailed in an unjust enrichment lawsuit against the National Health Insurance Service (NHIS) concerning NDMA (N-nitrosodimethylamine)-related pharmaceutical impurities. The article noted that the ruling, issued on January 16, 2026, by the Seoul Central District Court at the first-instance level, has drawn significant attention within the industry, as Lee & Ko successfully obtained a favorable judgment in the unjust enrichment action filed against the NHIS in connection with NDMA-related impurities.

According to JoongAng Ilbo, the court held that “even if impurities are detected in a pharmaceutical product, the health authorities cannot impose re-prescription or re-dispensing costs on pharmaceutical companies, provided there is no manufacturing or quality control negligence on the part of the company and no harm to human health.” The article further explained that “the court ruling departs from prior decisions in similar cases, where courts had broadly deferred to the professional discretion of health authorities and found pharmaceutical companies liable.”