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| TITLE | [Suspension of Execution]Supreme Court Order 2003Mu23 Delivered on October 9, 2003 [full Text] |
|---|---|
| Summary | |
| [1] An element required for a notice to be deemed as an administrative disposition, which can be litigated in administrative actions [2] The case holding that a notice of the medical care benefits guidelines regarding psychotropic drugs issued by the Ministry of Health and Welfare is an administrative disposition in its nature because by itself it has a characteristic of regulating legal relations among pharmaceutical companies, medical care institutions, patients and the National Health Insurance Corporation, with no other intermediate executory action necessary [3] The case holding that a company supplying psychotropic drugs has legal standing to dispute the effectiveness of a notice of the medical care benefits guidelines issued by the Ministry of Health and Welfare because the company possesses direct and specific legal interests protected by laws relating to national health insurance [4] A meaning of ""irreparable damages"" as an element to suspend an execution of an administrative disposition under Article 23(2) of the Administrative Litigation Act and elements for corporate losses to constitute ""irreparable damages"" [5] The case holding that the pharmaceutical company's financial losses, damages to its reputation and credit due to the existence of a notice of the medical care benefits guidelines as to the psychotropic drug by the Ministry of Health and Welfare do not constitute ""irreparable damages"" | |
