법규명령의 처분성

Abstract

A. The Supreme Court ruled that a notification by Ministry of Health & Welfare about the authorized standard of medical care expenses for psychotropic treatments controls directly such a legal relation among pharmaceutical companies, sanatoriums, patients, and National Health Insurance Corporation without any mediation of other executive actions, that it is a kind of administrative disposition for an appeal. This decision is supported by the fact that a notification as a decree is a kind of administrative disposition for an appeal, when it directly controls legal rights and relations of people without any mediation of other executive actions.