의료법인의 인수·합병 규제에 관한 연구 - 일본과의 비교법적 연구 중심으로 -

Healthcare corporations play a crucial role in promoting public health and ensuring medical accessibility in local communities, contributing to enhancing the public nature of private medical institutions and addressing regional healthcare disparities. Established and operated as non-profit entities under the Medical Service Act, healthcare corporations are subject to regulations distinct from general for-profit corporations regarding asset management and dissolution procedures. Recently, many healthcare corporations in rural areas face management difficulties due to demographic changes and evolving healthcare environments; however, current legislation lacks adequate exit or recovery pathways. This is because Korean medical law emphasizes the non-profit nature of healthcare corporations, restricting dissolution except through license revocation or bankruptcy proceedings, while strictly regulating asset disposal. As a result, mergers and acquisitions (M&A) have been continuously proposed as a solution for rehabilitating struggling healthcare corporations and enabling efficient resource allocation, but relevant legislation has repeatedly failed, leaving no legal foundation. Consequently, unofficial transactions or inefficient reliance on court rehabilitation procedures occur in practice. Conversely, social concerns persist regarding the potential commercialization of healthcare and undermining of public healthcare services should healthcare corporation M&As be permitted. This study analyzes the current status and legal-institutional issues of healthcare corporation M&As in Korea and comparatively examines Japanese cases and legal systems. First, it identifies the lack of legal basis for M&As due to the emphasized characteristics of non-profit foundations in Korean healthcare corporation systems and analyzes the limitations and legal uncertainties of M&A attempts within rehabilitation procedures through cases such as Bobath Hospital. Additionally, it systematically organizes the core arguments for and against M&As. Subsequently, the study examines the development process and diverse types of Japanese healthcare corporation systems (associations/foundations, presence of shares, social medical corporations, etc.) and analyzes provisions for M&As and business transfers under medical law. Through case analysis, it explores mechanisms whereby M&As are institutionally managed and supported for maintaining and strengthening regional healthcare systems, including utilization of regional healthcare and long-term care comprehensive funds, share processing, debt adjustment, employment succession, and planning through regional healthcare vision coordination councils. Based on these findings, the study aims to propose legislative improvements for introducing a rational M&A system that ensures both the public nature and management efficiency of healthcare corporations.