외국의료기관 개설 허가에 대한 국제통상법적 고찰 - 제주 녹지국제병원 사건을 중심으로 -

Recently, a court ruling was issued regarding the Jeju-Greenland International Hospital case. The Jeju Special Law includes special provisions for granting permits to foreign medical institutions. However, the court deemed that the restriction imposed by the Jeju governor on domestic patient treatment did not violate the law. The court deemed to consider it as a completely discretionary action, which is different from general permission in administrative law. It is important to note that this interpretation overlooks the fact that the special provisions for foreign medical institution permits are part of laws such as the Economic Free Zone Act and the Jeju Special Law, enacted to facilitate foreign investment. The Jeju-Greenland International Hospital case involves the retroactive application of an ordinance requiring compliance with the procedures for establishing foreign medical institutions under the Jeju Special Law. The legal issues in this case could be analyzed in terms of transparency provisions, fair and equitable treatment, and indirect expropriation under the Korea-China Bilateral Investment Treaty, the Korea-China-Japan Trilateral Investment Treaty, and Korea-China Free Trade Agreement. The issue of foreign medical institution permits under the Jeju Special Law has caused controversy, primarily affecting foreign investors without fully addressing the legislative intent of the special provisions. A thorough examination is necessary, considering the relationship between the special provisions and investment agreements.