Whether a representative of a regional medical insurance association has a duty to prepare and report rules of employment (negative)

Article 25 of the Medical Insurance Act and Article 13-2 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 577, Apr. 19, 1990) are practically rules of employment under the Labor Standards Act applicable to the relevant regional medical insurance association. Therefore, the representative of the regional medical insurance association has no obligation to report the rules of employment under the Labor Standards Act and to report the rules of employment under the rules of employment.

Article 25 of the Medical Insurance Act, Article 13-2 of the Enforcement Decree of the same Act, Articles 1 and 2 of the Regulations on Operation of Regional Medical Insurance Associations (No. 577 of April 13, 1990);

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Defendant

Prosecutor

Changwon District Court Decision 92No1349 delivered on January 8, 1993

The appeal is dismissed.

The Prosecutor's grounds of appeal are examined.

The court below held that Article 25 of the Medical Insurance Act and Article 13-2 of the Enforcement Decree of the Medical Insurance Act (amended by Presidential Decree No. 577 of Apr. 19, 190) are practically rules of employment under the Labor Standards Act, which apply to the relevant regional medical insurance association. Thus, the representative of the local medical insurance association is not obligated to separately prepare and report the rules of employment under the Labor Standards Act or report the rules of operation of the local medical insurance association as the rules of employment. In light of the relevant Acts and subordinate statutes, the above decision of the court below is just and acceptable (see Supreme Court Decision 92Do2341 delivered on Dec. 24, 1992). The judgment below did not err by misapprehending the legal principles as to the duty to prepare and report rules of employment, such as the theory of lawsuit, and therefore there is no reason to discuss.

Therefore, the prosecutor's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon-young (Presiding Justice)