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KOREA HEALTH PERSONNEL LICENSING EXAMINATION INSTITUTE ACT

Act No. 13367, jun. 22, 2015

 Article 1 (Purpose)
The purpose of this Act is to operate the national examination system for the health and medical service personnel in a professional and objective manner by establishing the Korea National Examination Board for Health and Medical Service Personnel, and contribute to the development of the national health and medical services by producing outstanding health and medical service personnel through the investigation, research and development on the examination system both domestically and abroad.
 Article 2 (Corporate Entity)
The Korea National Examination Board for Health and Medical Service Personnel (hereinafter referred to as the “National Examination Board”) shall be a juristic person.
 Article 3 (Establishment)
(1) The National Examination Board shall come into existence by putting the registration of establishment in the location of the main office.
(2) Matters concerning the registration of establishment pursuant to paragraph (1) shall be the following:
1. Purpose;
2. Name;
3. Main office;
4. Name and address of executive members;
5. Method of public notification.
(3) The provisions concerning the registration of incorporated foundation as referred to in the Civil Act shall apply mutatis mutandis to the registration except for the registration of establishment.
 Article 4 (Office)
The location of the main office of the National Examination Board shall be prescribed by the bylaws.
 Article 5 (Bylaws)
(1) The bylaws of the National Examination Board shall be entered with the following:
1. Purpose;
2. Name;
3. Main office;
4. Matters concerning the business;
5. Matters concerning the property and account;
6. Matters concerning executive members and employees;
7. Matters concerning the board of directors;
8. Matters concerning the modification of bylaws;
9. Matters concerning the enactment, amendment and abolition of the internal regulations;
10. Matters concerning the public notification.
(2) The National Examination Board shall, in cases of modifying the bylaws, obtain the approval from the Minister of Health and Welfare.
 Article 6 (Business)
(1) The National Examination Board shall perform the following:
1. The enforcement and management of the national examination for health and medical service personnel (hereinafter referred to as a “health and medical service personnel”) under the Framework Act on Health and Medical Services;
2. Investigation and research of domestic and overseas examination system for health and medical service personnel and issuance of publications;
3. Projects consigned by the government;
4. Other projects deemed necessary by the Minister of Health and Welfare with regard to the national examination for health and medical service personnel.
(2) Upon approval by the Minister of Health and Welfare, the National Examination Board may, when it performs the business provided for in paragraph (1), have its users pay for the actual expenses.
 Article 7 (Executive Members)
(1) The National Examination Board shall have a maximum of 15 directors including one president and one standing director, and one auditor.
(2) The president and the auditor shall be appointed by the board of directors as prescribed by the bylaws, and shall be approved by the Minister of Health and Welfare.
(3) Executive members except for the president and the standing director shall be part-time members.
(4) The qualifications, appointment, term of office and duties of executive members, and other necessary matters shall be determined by the bylaws.
 Article 8 (Disqualifications of Executive Members)
None of the following persons shall become an executive member:
1. A person falling under any of the subparagraphs under Article 33 of the State Public Officials Act;
 Article 9 (Duties of Executive Members)
(1) The president shall represent the National Examination Board, oversee the whole affairs, and guide and supervise affiliated employees.
(2) Where the president is unable to perform his/her duties due to unavoidable circumstances, an executive member shall act on behalf of him/her as prescribed by the bylaws.
(3) Directors shall deliberate on the agenda items put forward to the board of directors, and participate in its resolution.
(4) The auditor shall audit the business affairs and accounting of the National Examination Board in compliance with the audit guidelines under Article 32 (5) of the Act on the Management of Public Institutions, and present his/her opinion to the board of directors.
 Article 10 (Board of Directors)
(1) The National Examination Board shall have the board of directors in order to deliberate and resolve the following matters:
1. Matters concerning the plan of business, budget and settlement of accounts;
2. Matters concerning the acquisition and disposition of the major property;
3. Matters concerning the modification of the bylaws;
4. Matters concerning the enactment, amendment and abolition of the important regulations;
5. Matters concerning the appointment and dismissal of executive members;
6. Other matters the president requests the board of directors to deliberate and decide on, as the president deems it necessary.
(2) The board of directors shall be composed of directors including the president.
(3) The president shall convene the board of directors, and shall be the chairperson thereof.
(4) The auditor shall attend at the board of directors, and may state his/her opinion.
(5) Matters necessary for the operation of the board of directors shall be determined by the bylaws.
 Article 11 (Secretariat)
The National Examination Board shall have a secretariat in order to perform the business pursuant to Article 6 (1).
 Article 12 (Appointment and Dismissal of Employees)
Employees of a secretariat in the National Examination Board shall be appointed and dismissed by the president as prescribed by the bylaws.
 Article 13 (Commissioner of Examination)
(1) The president may appoint an expert of the relevant fields as commissioner of examination for preparing, grading, etc., in order to enhance professionalism and validity in administering examination including the development of examination questions, and preparing and grading the examination.
(2) Matters necessary for the appointment of the commissioner of examination shall be determined by the bylaws.
 Article 14 (Financial Resources)
The National Examination Board shall be established and operated by the actual expenses pursuant to Article 6, the contributions pursuant to Article 15 and other revenues.
 Article 15 (Contributions)
(1) The government may pay the contributions necessary for appropriating expenses required for the establishment and operation of the National Examination Board within the budget.
(2) Matters necessary for the payment, use and management of contributions under paragraph (1) shall be prescribed by Presidential Decree.
 Article 16 (Business Year)
The business year of the National Examination Board shall follow the fiscal year of the government.
 Article 17 (Business Plan, Approval of Budget, etc.)
(1) The National Examination Board shall prepare the business plan of each business year and budgetary document, and obtain the approval from the Minister of Health and Welfare. The same shall also apply in any cases of modification thereof.
(2) The National Examination Board shall prepare the written settlement of accounts concerning revenue and expenditure and a report on the business outcome for every business year as prescribed by Presidential Decree, and submit them to the Minister of Health and Welfare by the end of February of the following year upon receipt of the audit by an auditor or a certified public accountant under Article 3 of the Act on the Extreme Audit of Stock Companies.
 Article 18 (Approval of Examination Plan)
The National Examination Board shall, in cases of implementing the national examination, establish an implementation plan for the examination, and obtain approval from the Minister of Health and Welfare as prescribed by Presidential Decree.
 Article 19 (Guidance, Supervision, etc.)
(1) The Minister of Health and Welfare shall guide and supervise the National Examination Board.
(2) The Minister of Health and Welfare may, if necessary for achieving the purpose of operation of the National Examination Board, order the National Examination Board to report on the affairs, accounts and property, or submit documents; have affiliated officials raise questions thereof to related persons, or inspect other articles.
(3) The affiliated public official concerned who performs the duty under paragraph (2) shall keep a certificate indicating the authority, and show it to the related person.
(4) Where any illegality or injustice is found in a report or inspection under paragraph (2), the Minister of Health and Welfare may order the National Examination Board to make corrections or take other necessary measures.
 Article 20 (Dispatch Request, etc. of Employees)
If necessary for achieving its purposes, the National Examination Board may request employees to be dispatched to the state organ, local governments, research institute, or public organization through the Minister of Health and Welfare.
 Article 21 (Obligation of Keeping Confidentiality)
(1) A person who is presently or was formerly an executive member or an employee of the National Examination Board shall not reveal any confidential information which he/she has become aware of in connection with his/her duties.
(2) With regard to the implementation of the national examination under Article 13, a person who is appointed by the National Examination Board to perform duties such as preparing questions, grading, and supervising the examination, shall not reveal confidential information which he/she has become aware of in connection with his/her duties.
 Article 22 (Prohibition on Use of Similar Name)
None other than the National Examination Board shall use as its name the "Korea National Examination Board for Health and Medical Service Personnel", or any other similar name.
 Article 23 (Application mutatis mutandis of the Civil Act)
The provisions concerning incorporated foundations as referred to in the Civil Act shall apply mutatis mutandis except for matters prescribed in this Act on the National Examination Board.
 Article 24 (Legal Fiction as Public Official in Application of Penal Provisions)
A person who performs duties of the National Examination Board under the commission or entrustment by an executive member, an employee or the president of the National Examination Board is deemed a public official, when penal provisions under Article 129 through 132 of the Criminal Act are applied.
 Article 25 (Penal Provision)
A person who has revealed any confidential information which he/she has become aware of in connection with his/her duties in violation of Article 21 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding ten million won.
 Article 26 (Administrative Fine)
(1) A person who has used the name "Korea National Examination Board for Health and Medical Service Personnel" or any other similar name in violation of Article 22 shall be punished by an administrative fine not exceeding five million won.
(2) The administrative fine under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation of Establishment)
(1) The Minister of Health and Welfare shall appoint not more than seven members for establishment within thirty days from the enforcement of this Act, and have them assume duties concerning the establishment and the appointment of a director and an auditor at the time of establishment.
(2) Members for establishment shall prepare the bylaws of the National Examination Board, and register the establishment of the incorporation under joint signature immediately after obtaining the approval from the Minister of Health and Welfare.
(3) The president of the National Examination Board at the time of establishment shall be appointed by the Minister of Health and Welfare.
(4) Members for establishment shall transfer duties to the president immediately after finishing the registration of establishment of the National Examination Board.
(5) Members for establishment shall be deemed dismissed when the transfer of duties under paragraph (4) has been completed.
Article 3 (Incorporation Expenses)
Expenses incurred for the establishment of the National Examination Board shall be borne by the State.
Article 4 (Transitional Measures concerning the Korea National Examination Board for Health and Medical Service Personnel as Incorporated Foundation)
(1) The Korea National Examination Board for Health and Medical Service Personnel (hereinafter referred to as the “old juristic person”) as the incorporated foundation at the time when this Act enters into force may make a request to the Minister of Health and Welfare in accordance with the resolution of the board of directors, so that the National Examination Board to be established pursuant to this Act would succeed to all the property, rights and duties.
(2) The old juristic person having obtained the approval from the Minister of Health and Welfare under paragraph (1) shall be deemed to have been dissolved at the same time of establishment of the National Examination Board pursuant to this Act, notwithstanding the provisions concerning the dissolution and liquidation as referred to in the Civil Act; the National Examination Board shall succeed to all the property, rights and duties having been vested in the old juristic person.
(3) The employees of the old juristic person at the time of establishment of the National Examination Board shall be deemed to have been appointed as employees of the National Examination Board.
(4) The equivalent value of the property to be succeeded to the National Examination Board pursuant to paragraph (2) shall be the book value on the previous date of the registration of establishment of National Examination Board.
Article 5 Omitted.