Non-profit corporations

Permit Procedure for Amending a Medical Corporation's Articles of Incorporation and Disposing of Basic Property — Board Resolution and City/Province (Si/Do) Permit

For a medical corporation, the establishment permit is not the end: it remains under the supervision of the metropolitan city mayor or provincial governor (Mayor/Do Governor) after establishment. To dispose of property or amend the articles of incorporation, it must pass a board of directors resolution and first obtain a permit from the Mayor/Do Governor. Requirements such as the number of executives and the proportion of relatives must also be met at all times, so check them each time a director is replaced.

Procedure

  1. 1. Check whether a permit is required

    Disposing of property, such as selling, donating, leasing or providing basic property as security, and amending the articles of incorporation require a permit from the Mayor/Do Governor. Matters that change a provision of the articles of incorporation, such as relocating the hospital or adding a business purpose, are also included.

  2. 2. Board of directors resolution

    Hold a board of directors meeting and pass a resolution in accordance with the procedure set in the articles of incorporation. The notice of convocation, the quorum for resolution and the matters entered in the minutes must match the articles of incorporation to avoid requests for supplementation in the permit review.

  3. 3. Check the executive requirements

    In principle, a medical corporation has at least 5 and no more than 15 directors, and 2 auditors. Directors who are relatives of one another must not exceed one quarter (1/4) of the fixed number, and an auditor must not be a relative of a director.

  4. 4. Apply for the permit

    Attach the board minutes, a before-and-after comparison table, a statement of reasons for the property disposal, appraisal materials and the like to the permit application and submit it to the metropolitan city or province (si/do) having jurisdiction over the location of the principal office. Do not conclude a contract or carry out the disposal before the permit.

  5. 5. Follow-up procedures after the permit

    After obtaining the permit, carry out the amendment of the articles of incorporation or the property disposal, and if registered matters change, follow the corresponding procedure. Organize the result of the disposal and the changes in the property list to prepare for the next report and audit.

Required documents

  • Application for permit to amend the articles of incorporation or to dispose of basic property
  • Minutes of the board of directors meeting
  • Before-and-after comparison table of the articles of incorporation, and the amended articles of incorporation
  • Statement of reasons for the property disposal, list of the property to be disposed of, and value materials such as an appraisal report
  • Latest property list and financial materials
  • List of executives (where executives are also being changed)

Fees

In the industry, preparing and filing permit application documents for amendment of the articles of incorporation or disposal of property is generally priced from several hundred thousand won to the 1,000,000 won range, and the fee varies with the size of the property to be disposed of and the scope of supplementation. In some cases it is bundled into annual operational advisory services. We review the articles of incorporation and board materials and advise you on the fee after a consultation.

Legal basis and review date

  • Medical Service Act, Article 48
  • Medical Service Act, Article 48-2
  • Medical Service Act, Article 51-2

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • Do not conclude a sale, lease or security contract before obtaining the permit.
  • Each time an executive is replaced, check the requirements on the number of directors and the proportion of relatives again.

Frequently asked questions

Does a medical corporation need a permit to sell the hospital building or offer it as security?
Yes. A medical corporation must obtain a permit from the Mayor/Do Governor to dispose of property. If a contract is concluded first without the permit, the validity of the disposal may be called into question.
Is a permit needed even for a small change in the wording of the articles of incorporation?
Yes. Amendment of a medical corporation's articles of incorporation is a matter requiring a permit from the Mayor/Do Governor. A board resolution alone does not make it effective.
How many directors must a medical corporation have?
It has at least 5 and no more than 15 directors, and 2 auditors. The number may be increased or decreased with the approval of the Minister of Health and Welfare.
Can several family members serve as directors?
There is a limit. Directors who are relatives of one another must not exceed one quarter (1/4) of the fixed number of directors, and an auditor must not be a relative of a director.
Who cannot become an executive of a medical corporation?
A minor, a person under adult guardianship or under limited guardianship, a person declared bankrupt and not yet reinstated, a person for whom 3 years have not passed since the execution of an actual sentence of imprisonment without labor or heavier was completed or exempted, and a person under a suspended sentence cannot become an executive.
Can an administrative agent handle a medical corporation's permit application for us?
Yes. Hwang Yunsang Administrative Office reviews whether a permit is required, puts the board minutes and comparison table in order, prepares the permit application and statement of reasons, submits them to the competent metropolitan city or province (si/do) on your behalf, and responds to requests for supplementation.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.