Whether a person selected as representative director of a medical insurance association may seek revocation of the above non-approval if he/she fails to obtain approval from the Minister of Health and Welfare (negative)

Even though the Minister of Health and Welfare issued a disposition of non-approval under Article 26 (2) of the Enforcement Decree of the Medical Insurance Act with respect to a person elected as a representative director of the medical insurance association, the person elected as the representative director is not directly subject to the disposition, and cannot be said to have been affected by the infringement of rights or legal disadvantage due to the disposition. However, due to the reflective effect of the non-approval, it is only a disadvantage that can not be taken by the representative director, and therefore, the person has no interest in standing or lawsuit seeking the cancellation

Article 26(2) of the Enforcement Decree of the Medical Insurance Act, Articles 1 and 12 of the Administrative Litigation Act

[Judgment of the court below]

The Minister of Health and Welfare

Seoul High Court Decision 84Gu515 delivered on March 11, 1985

The judgment of the court below is reversed.

The plaintiff's main lawsuit is dismissed.

The costs of lawsuit shall be borne by the plaintiff through the preceding instance.

Article 13 of the Medical Insurance Act provides that the insurer of the medical insurance shall organize the association to manage and operate the insurance of the insured, and Article 25 of the same Act provides that the representative director of the association shall be elected, and the representative director of the association shall obtain the approval of the Minister of Health and Welfare. According to the records, Article 30 of the articles of association of the Bosan District Medical Insurance Association provides that the representative director of the association shall take office with the approval of the Minister of Health and Welfare. The approval of the appointment of the representative director of the association for the appointment of the representative director shall be an administrative act to complete the legal effect by supplementing the election of the representative director of the association. The appointment of the Minister of Health and Welfare for the appointment of the representative director of the association is the same as the judgment of the court below. Even if the defendant appointed the plaintiff as the representative director of the association and applied for the approval of the appointment of the representative director of the association, the plaintiff was not directly subject to the disposition, and it cannot be said that the plaintiff was at a disadvantage or legal disadvantage due to such disposition.

Nevertheless, the judgment of the court below is erroneous in the misunderstanding of legal principles as to the interest of a party or a lawsuit which is standing or standing as a party in an administrative litigation to which an objection was raised and which rendered a judgment on the merits, and the judgment of the court below is reversed as it cannot be maintained, and the lawsuit for this case is unlawful and its defects are dismissed as seen earlier

It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)