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(영문) 서울중앙지방법원 2017.02.01 2016가합535598
심의회결의 무효확인
Text

1. We affirm that the Defendant’s amendment of the operating regulations of the B Council on August 13, 2015 is null and void.

2...

Reasons

1. Basic fact is a non-corporate body comprised of an insurance company, etc. and a non-corporate body recommended by an insurance company, etc. and an organization of medical institutions under Article 17 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Self-Governing Act”) in order to conduct duties, etc. to review and adjust motor vehicle insurance medical fees claimed by the insurance company

According to Article 17 (3) of the Act, six members of the defendant's committee shall be commissioned by the Minister of Land, Infrastructure and Transport from among the persons recommended by an insurance company, etc., six members shall be commissioned from among the persons recommended by an insurance company, etc., and six members shall be commissioned from among the persons who meet the requirements prescribed in Article 14 of the Enforcement Decree of the same Act (so-called "public interest members"), and the plaintiff shall be in office as a member recommended by the defendant's medical organization from August 19,

On August 13, 2015, the Defendant held a deliberative council on 192 occasions to revise some of the Defendant’s operating regulations as follows (hereinafter “instant resolution”). At the time of the instant resolution, ten of the Defendant’s 18 members were present, and six of the recommended members of the medical organization were not present.

Article 6 (Composition) (2) After the amendment before the amendment, non-chairperson members shall be non-standing.

Article 6 (Composition) (2) The chairperson may work full time, and the committee members may work part time.

Article 7 (Chairperson) (1) The chairperson shall be elected from among the members who are qualified as doctors.

Article 7 (Chairperson) (1) The Chairperson shall be elected from among its members.

Article 9 (Decision) (3) In making a decision, the chairperson shall not participate in the voting.

Provided, That in cases of votes of approval and disapproval as a result of voting, a decision may be exercised.

Article 9 (Decision) (3) In making a decision, the chairperson shall not participate in the voting, and in cases of the votes of approval and disapproval as a result of voting, the votes shall be rejected

Article 9-2 (Subcommittees) (1) The Chairperson shall be delegated by the Council or deemed necessary for the operation of the Council.

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