Whether the Medical Insurance Association Operating Committee cannot appoint a representative director because it has no person meeting the qualification requirements for the representative director constitutes a reason for dissolution of the Steering Committee under Article 66 (1) of the Enforcement Decree of the Medical Insurance Act.

In light of the relevant provisions such as Article 25 of the former Medical Insurance Act (amended by Act No. 4728 of Jan. 7, 1994), Articles 21 and 26 of the Enforcement Decree of the Medical Insurance Act, Article 607 of the Rules of the Ministry of Health and Welfare, Article 20 of the Articles of Incorporation of the Medical Insurance Association, etc., if a person meeting the qualification requirements of the representative director among the operating members of the Medical Insurance Association is unable to appoint the representative director for a long time, such reasons shall be deemed to fall under the case where the operating committee, which is the reason for dissolution of the operating committee under Article 66(1) of the Enforcement Decree of the Medical Insurance Act based on Article 72 of the same

Articles 25 and 72 of the former Medical Insurance Act (amended by Act No. 4728 of Jan. 7, 1994); Articles 21, 26, and 66(1) of the Enforcement Decree of the Medical Insurance Act

Plaintiff

The Mayor of Gwangju Metropolitan City

Gwangju High Court Decision 92Gu1956 delivered on April 1, 1993

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the Plaintiff’s ground of appeal.

As duly determined by the court below, in light of the relevant provisions such as Article 25 of the Medical Insurance Act, Articles 21 and 26 of the Enforcement Decree of the Enforcement Decree of the Medical Insurance Act, Article 607 of the Rules of the Ministry of Health and Welfare, and Article 20 of the Articles of the above Articles of the above Articles of the Medical Insurance Association, if a person meeting the qualification requirements of the representative director among the operating members cannot appoint a long-term representative director for reasons other than Nonparty 1 who was reappointed in voting as a full-time representative director, the representative director of the North-gu Medical Insurance Association shall be elected from among the operating members of the Seoul Special Metropolitan City, Gwangju Special Metropolitan City. Thus, the above reasons shall be deemed to fall under the case where the operating committee, which is the reason for dissolution of the operating committee under Article 72 of the above Act, did not decide the matters to be resolved. Therefore, the decision of the court below that supported the defendant's measures to correct the same purport is justified, and the role of the representative director of the association, the representative director appointed by the court, is merely an acting representative director on a temporary basis.

The court below did not err by misapprehending the legal principles as to the theory of lawsuit.

There is no reason to discuss this issue.

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.

Justices Ansan-man (Presiding Justice)