Whether the dismissal order is appropriate for the representative director of the medical insurance association who has filed a lawsuit for a claim for bills and divorce due to a lending relationship with the related agencies;

If the plaintiff, who was the representative director of the medical insurance association of the Corporation, filed a lawsuit for divorce from his/her wife due to the indeption of female relations, was made known to some of the members of the association, and was brought a lawsuit for claim for the payment of bills due to the failure to pay the borrowed money from the medical insurance depository institution of the association, and the plaintiff was pointed out from the above association with the authority to elect such misconduct, but the plaintiff did not correct it, such a series of the plaintiffs's dismissal orders are legitimate.

Article 24 of the Medical Insurance Act

[Judgment of the court below]

The Minister of Health and Welfare

Seoul High Court Decision 82Gu952 delivered on September 27, 1983

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

Article 24 of the Medical Insurance Act provides that the Minister of Health and Welfare may order the dismissal of an officer when the act of an officer is deemed to harm or threaten to harm the interests of the union members in violation of the Acts and subordinate statutes, the articles of incorporation, or any disposition issued by the Minister of Health and Welfare. Article 74 of the same Act provides that the matters necessary for the enforcement of this Act shall be prescribed by the Presidential Decree. Article 13-2 of the Enforcement Decree of the same Act provides that the Union shall prescribe the operating rules on the organization, personnel affairs, remuneration, accounting, etc. under the conditions as prescribed by the Minister of Health and Welfare. Accordingly, Article 27-1 through 27-3 of the Operating Rules of the Medical Insurance Association (Rules of the Health and Welfare) provides that all officers and employees shall fulfill their duties in good faith and sincerity in order to comply with the provisions on the medical insurance and to efficiently perform their duties. All officers and employees shall work in kind and fairness, and shall not receive, directly or indirectly, any money and valuables in any form, regardless of their duties.

However, according to the facts duly established by the court below, the plaintiff's representative director of the non-party 1 medical insurance association (1) was aware of the non-party 2 from the beginning of July 1981 to the social welfare business relationship. When women were hospitalized at around that time, they brought a lawsuit for divorce with the Daegu District Court Kimcheon, which was 0 August 30, 1982. These facts were known to some of the members of the above association. (2) The above union's representative director, who was 1.5 billion won of medical insurance finance, was the above union's dismissal order of 1.0 billion won, 4 banks of the above union, including the first branch office of the Industrial Bank of Korea, which were 1.00 won of the above union's dismissal order of the non-party 1 and the above non-party 2's dismissal order of the non-party 1 and the above non-party 2's dismissal order of the non-party 1 and the above non-party 2's dismissal order of the above union.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)