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ENFORCEMENT DECREE OF THE ACT ON REMEDIES FOR INJURIES FROM MEDICAL MALPRACTICE AND MEDIATION OF MEDICAL DISPUTES

Presidential Decree No. 23708, Apr. 6, 2012

Amended by Presidential Decree No. 26141, Mar. 11, 2015

Presidential Decree No. 26317, jun. 15, 2015

Presidential Decree No. 27171, May 17, 2016

Presidential Decree No. 27634, Nov. 29, 2016

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes and matters necessary for the enforcement of said Act.
 Article 2 (Branches of Mediation and Arbitration Agency)
(1) The Korea Medical Dispute Mediation and Arbitration Agency (hereinafter referred to as the "Mediation and Arbitration Agency") prescribed in Article 6 (1) of the Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes (hereinafter referred to as the “Act”), may establish branches with approval from the board of directors (hereinafter referred to as the “board of directors”) referred to in Article 13 (1) of the Act.
(2) Necessary matters for the establishment and operation of a branch, including its name, location, jurisdiction, etc., shall be determined by the president (hereinafter referred to as the "president") of the Mediation and Arbitration Agency with approval from the board of directors.
 Article 3 (Affairs of Mediation and Arbitration Agency)
“Other affairs specified by Presidential Decree” under subparagraph 5 of Article 8 of the Act, means the following duties:
1. Duties related to the prevention of medical malpractice;
2. Management and operation of assets including the financial resources for compensation for inevitable medical mishaps, etc.;
3. International cooperation concerning medical disputes;
4. Duties delegated or entrusted by this Act or other Acts and subordinate statutes;
5. Other duties recognized by the Minister of Health and Welfare as appropriate for the Mediation and Arbitration Agency to conduct.
 Article 4 (Directors of Mediation and Arbitration Agency)
The directors of the Mediation and Arbitration Agency commissioned under Article 10 (1) of the Act, excluding the president of the Mediation and Arbitration Agency, the chairperson (hereinafter referred to as the "chairperson") of the Medical Dispute Mediation and Arbitration Committee referred to in Article 19 of the Act, and the chief assessor (hereinafter referred to as the "chief assessor") of the Medical Malpractice Assessment Board (hereinafter referred to as the "Assessment Board") referred to in Article 25 of the Act, shall be from among the following persons:
1. One person recommended by public health or medical professional associations or public health or medical institution associations;
2. One person recommended by non-profit, non-governmental organizations referred to in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
3. One person who is serving or served as at least an associate or with an equivalent position in a university or college under Article 2 of the Higher Education Act or in an officially recognized research institute;
4. One person respectively from among public officials in general service belonging to the Senior Executive Service of the Ministry of Strategy and Finance, the Ministry of Justice, and the Ministry of Health and Welfare or public officials in general service of Grade III (including public officials in special service, of equivalent rank).
 Article 5 (Matters to Be Deliberated and Approved by Board of Directors)
The board of directors shall deliberate on and approve the following:
1. Matters related to the basic policies of the Mediation and Arbitration Agency, including project operation plans;
2. Matters related to budget and settlement of accounts;
3. Matters related to amendment of articles of association;
4. Matters related to establishment, amendment, and repeal of bylaws;
5. Matters related to acquisition, management, and disposal of major assets including reserves, etc.;
6. Matters related to borrowed funds;
7. Matters related to establishment of a branch of the Mediation and Arbitration Agency;
8. Other important matters concerning affairs and operation of the Mediation and Arbitration Agency.
 Article 6 (Composition and Operation of Board of Directors)
(1) The board of directors shall be comprised of the president, the chairperson, the chief assessor, and directors commissioned pursuant to Article 4.
(2) Meetings of the board of directors shall be classified into ordinary meetings and extraordinary meetings, and ordinary meetings shall be convened semi-annually at such time as determined by the articles of association and extraordinary meetings shall be convened when deemed necessary by the president or when requested so by at least one third of the incumbent directors.
(3) The procedures for convening meetings of the board of directors shall be prescribed by the articles of association.
 Article 7 (Application for Payment of Contributions from Government)
Where the president intends to obtain contributions from the Government pursuant to Article 15 (1) 1 of the Act, he/she shall submit a written payment request to the Minister of Health and Welfare, together with a quarterly budget execution plan.
 Article 8 (Management, etc. of Contributions from Government)
(1) Where the president obtains contributions from the Government under Article 15 (2) of the Act, he/she shall manage them by opening a separate account, and shall not use them for any purpose other than their intended purpose.
(2) Where any surplus accrues in settlement of accounts of every fiscal year, the president shall use such surplus to replenish the losses carried forward, and shall use the remainder by carrying it forward to the following year.
 Article 9 (Secretary of Mediation Committee)
(1) The Medical Dispute Mediation and Arbitration Committee referred to in Article 19 (1) of the Act (hereinafter referred to as the "Mediation Committee"), shall have one secretary to perform the affairs of the Mediation Committee.
(2) A secretary shall be designated by the chairperson from among the standing mediators of the Mediation Committee.
 Article 10 (Meetings of Mediation Committee, etc.)
(1) Meetings of the Mediation Committee shall be convened when deemed necessary by the chairperson or when requested so by the president or at least one third of the incumbent mediators.
(2) Where a meeting of the Mediation Committee is convened, minutes recording the date, venue, discussions, approved matters, etc., shall be prepared and retained after the chairperson puts his/her sign or name on the minutes and seal thereto.
(3) Necessary matters for the composition and operation of the Mediation Committee other than matters prescribed in paragraphs (1) and (2), shall be determined by the president with approval from the board of directors.
 Article 11 (Persons to Assist Affairs of Mediators)
“Attorneys-at-law and other persons specified by Presidential Decree” referred to in Article 23 (7) of the Act, means any of the following persons, from among persons who have sufficient knowledge and experience in the performance of the mediation and arbitration procedures, the calculation of the amount of damages, etc.:
1. An attorney-at-law;
2. A certified public accountant;
3. A person who has attained at least a master's academic degree in areas related to law or public health;
4. A person who has at least two years's work experience at a dispute resolution agency or institution established in accordance with Acts;
5. Other persons deemed necessary by the president to assist the affairs of mediators efficiently. In such cases, when the president posts public notice of a recruitment examination, he/she shall announce the qualification and scope of such persons.
 Article 12 (Term of Office of Members of Recommendation Committee)
The members of the Assessor Recommendation Committee prescribed in Article 26 (2) of the Act (hereinafter referred to as the "Recommendation Committee"), shall hold office for a term of three years, and may be appointed consecutively for further terms.
 Article 13 (Operation of Recommendation Committee)
Meetings of the Recommendation Committee shall be convened when deemed necessary by the chairperson of the Recommendation Committee or when requested so by the president or at least one third of the incumbent recommendation members.
 Article 14 (Persons to Assist Affairs of Assessors)
“Other persons specified by Presidential Decree” referred to in Article 26 (12) of the Act, means any of the following persons, from among persons who have sufficient knowledge and experience in the areas of public health, law, dispute resolution, etc.: <Amended by Presidential Decree No. 27634, Nov. 29, 2016>
1. An attorney-at-law;
2. A medical doctor, dentist, oriental medical doctor, or nurse referred to in Article 2 of the Medical Service Act;
3. A pharmacist or herb pharmacist referred to in Article 2 of the Pharmaceutical Affairs Act;
4. A medical technician or medical affairs recorder referred to in subparagraphs 1 and 2 of Article 1-2 of the Medical Technicians, etc. Act, with at least three years's work experience at a medical institution referred to in Article 3 of the Medical Service Act;
5. A person who has attained at least a master's academic degree in areas related to law or public health;
6. A person who has at least two years' work experience at a dispute resolution agency or institution established in accordance with Acts;
7. Other persons deemed necessary by the president to assist the affairs of assessors efficiently. In such cases, when the president posts public notice of an recruitment examination, he/she shall announce the qualification and scope, etc., of such persons.
 Article 14-2 (Scope of Medical Malpractice Subject to Commencement of Automatic Mediation Procedures, etc.)
(1) “Cases prescribed by Presidential Decree” referred to in Article 27 (9) 2 of the Act shall mean disabilities falling under disability grade I among the disabilities (excluding autistic disorders and mental disorders) prescribed in attached Table 1 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities: Provided, That any of the following cases shall be exempted from the commencement of the automatic mediation procedures prescribed in Article 27 (9) of he Act:
1. Where disability grade I is determined by assessing both the existing disability that fails to fall under disability grade I and a different disability resulting from medical malpractice (limited to disabilities that fail to fall under disability grade I);
2. Where disability grade I is determined by assessing both the body parts affected by the existing disability that fails to fall under disability grade I and other body parts affected by the same disability resulting from medical malpractice (limited to disabilities that fail to fall under disability grade I);
3. Where any additional disability results from medical malpractice on the same body part affected by the existing disability falling under disability grade I.
(2) Where it is deemed necessary to verify the determination of disability grade I and related details prescribed in Article 27 (9) 2 of the Act, the president may request the submission of relevant data or opinions from the competent Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply).
[This Article Newly Inserted by Presidential Decree No. 27634, Nov. 29, 2016]
 Article 15 (Matters to Be Stipulated in Assessment Statement)
(1) “Other matters specified by Presidential Decree” referred to in Article 29 (3) of the Act, means the following: <Amended by Presidential Decree No. 26317, Jun. 15, 2015>
1. Case number and case name;
2. Name of parties;
3. Scope of assessment;
4. Details and outcomes of fact-finding investigations;
5. Negligence and existence of a causal relationship;
6. Existence, type, and degree of residual impairments;
7. Assessor’s opinions regarding the matters specified in subparagraphs 5 and 6;
8. Date of preparation;
9. Name of the competent assessment panel.
(2) The assessor’s opinions referred to in paragraph (1) 7, shall stipulate the grounds of and reasons for the assessment: Provided, That where the assessor’s opinions are based on the unanimous consent of the assessors, the grounds of and reasons for, the assessment may be omitted.
(3) Where the assessors have different assessment opinions among themselves, the opinions agreed upon by a majority of the incumbent assessors, shall be stipulated, and the opinions of assessors who disagree therewith shall be stipulated as well.  
 Article 15-2 (Procedures for Summary Mediation Decisions)
(1) Where a mediation panel intends to determine whether to apply the procedures for a summary mediation with respect to a case for which a petition for mediation has been filed pursuant to Article 33-2 (1) of the Act, it shall hear the opinions of an appraisal panel concerning the details and characteristics of the relevant medical malpractice, the existence of fault on the part of a public health or medical professional, and so forth.
(2) Where a mediation panel determines to apply for the procedures for a summary mediation under Article 33-2 (1) of the Act, it may omit the appraisal of medical malpractice or allow only one appraiser (limited to a medical specialist, dentist, or herb doctor prescribed in Article 26 (2) 1 and 3 of the Act) to conduct appraisal after undergoing consultation with an appraisal panel.
(3) “Cases prescribed by Presidential Decree” referred to in Article 33-2 (1) 3 of the Act shall mean cases where the amount of money claimed in a petition for mediation of a medical dispute is not exceeding five million won.
[This Article Newly Inserted by Presidential Decree No. 27634, Nov. 29, 2016]
 Article 16 (Procedures after Mediation Decision) 
(1) As to whether he/she agrees on a mediation decision made pursuant to Article 36 (2) of the Act, the applicant shall state his/her opinions in writing, which shall be submitted to the Mediation and Arbitration Agency.
(2) Information referred to in Article 36 (5) of the Act shall be delivered to the applicant as documentation stipulating the following:
1. Acts and subordinate statutes, which serve as the basis for the remedies for injuries, including the Product Liability Act, etc.;
2. Application methods and procedures for the remedies for injuries;
3. The other party to the claim for damages or compensation;
4. Other necessary matters for the remedies for injuries.
 Article 17 (Selection of Mediation Panel for Arbitration)
(1) Parties to a dispute may agree to select a mediation panel to be in charge of arbitration pursuant to Article 43 (3) of the Act, by any of the following methods: Provided, That if the parties fail to reach agreement within 15 days from the date they filed a petition for arbitration under Article 43 (1) of the Act, it shall be deemed that the parties have agreed to select the method referred to in subparagraph 2: 
1. Parties delegate to the chairperson the designation of a mediation panel to be in charge of arbitration;
2. Parties select, based on mutual agreement, one mediation panel, from among mediation panels presented by the chairperson.
(2) When parties fail to select a mediation panel within 15 days after the chairperson presents mediation panels under paragraph (1) 2, the chairperson may designate a mediation panel in charge of the arbitration procedures, by taking into account the details of the relevant mediation case, the medical field involved in the relevant medical malpractice, etc.
(3) Where the chairperson designates a mediation panel pursuant to paragraph (1) 1 or (2), no party shall protest against it.
 Article 18 (Composition of Compensation Deliberation Committee)
(1) The Committee for the Deliberation on Compensation for Medical Malpractice referred to in Article 46 (1) of the Act (hereinafter referred to as the “Compensation Deliberation Committee”), shall be comprised of nine deliberators, including one chairperson. <Amended by Presidential Decree No. 26317, Jun. 15, 2015>
(2) The chairperson of the Compensation Deliberation Committee shall be appointed by the president, from among the deliberators.
(3) The deliberators shall be commissioned by the president, from among the following persons, and shall serve as non-standing deliberators: <Amended by Presidential Decree No. 26317, Jun. 15, 2015>
1. Two medical specialists in obstetrics and gynecology;
2. Two medical specialists in pediatrics;
3. Two mediators from the Mediation and Arbitration Agency;
4. Two assessors from the Assessment Board;
5. One person recommended by non-profit, non-governmental organizations referred to in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act.
(4) The deliberators falling under paragraph (3) 1, 2, and 5, shall hold office for a term of three years, and may be appointed consecutively for further terms. <Amended by Presidential Decree No. 26317, Jun. 15, 2015>
 Article 19 (Meetings of Compensation Deliberation Committee)
(1) Meetings of the Compensation Deliberation Committee shall be convened when deemed necessary by the chairperson of the Compensation Deliberation Committee or when requested so by at least one third of the incumbent deliberators.
(2) A majority of the deliberators of the Compensation Deliberation Committee shall constitute a quorum, and any resolutions thereby shall require the concurring vote of a majority of such deliberators present.
(3) The chairperson of the Compensation Deliberation Committee shall represent the Compensation Deliberation Committee and have general supervision and control over its affairs.
(4) Necessary matters for the operation of the Compensation Deliberation Committee other than matters prescribed in paragraphs (1) through (3), shall be determined by the chairperson of the Compensation Deliberation Committee with approval from the Compensation Deliberation Committee.
 Article 20 (Exclusion, etc., of Deliberators of Compensation Deliberation Members)
(1) In any of the following cases, each deliberator of the Compensation Deliberation Committee shall be excluded from the deliberation and approval by the Compensation Deliberation Committee:
1. If the deliberator him/herself, or a person who is or was his/her spouse is a party to the relevant dispute case (hereafter referred to as "case" in this Article);
2. If the deliberator is or was a relative to a party to the relevant case;
3. If the deliberator has presented a statement or conducted an assessment with regard to the relevant case;
4. If the deliberator represents or represented a party in the relevant case;
5. If the deliberator engages or engaged in a public health or medical institution in which the relevant case occurred;
6. If the deliberator engages or engaged in a corporation or organization comparable or de facto comparable to a public health or medical institution in which the relevant case occurred;
7. If the deliberator engages or engaged in a public health or medical institution that belongs to a corporation or organization comparable or de facto comparable to a public health or medical institution in which the relevant case occurred.
(2) If a party to a case has grounds to believe that it is impractical to expect impartial performance of duties from a deliberator, the party may file a challenge against the deliberator with the Compensation Deliberation Committee by presenting such grounds in writing. In such cases, the chairperson of the Compensation Deliberation Committee shall determine as to whether the challenge is accepted without approval from the Compensation Deliberation Committee.
(3) In cases of paragraph (1) or (2), each deliberator himself/herself may determine his/her abstention of the relevant deliberation and approval.
 Article 21 (Ratio of Financial Resources for Compensation, etc.)
(1) Expenses incurred in the program for compensation for medical mishaps referred to in Article 46 (1) of the Act (hereafter referred to as “contributions” in this Article), shall be shared in accordance with the following classifications:
1. The State: 70/100;
2. A person with the record of childbirth among the operators of public health or medical institutions: 30/100.
(2) The contributions the operator of a public health or medical institution should pay under paragraph (1) 2, shall be imposed by the president in accordance with the method prescribed by the Minister of Health and Welfare.
(3) The president shall give notice to the operator of a public health or medical institution referred to in paragraph (1) 2 for the payment of his/her contributions as calculated in accordance with the method prescribed in paragraph (2), within one month from the deadline for the payment, and the operator of the public health or medical institution in receipt of such notice, shall pay contributions within the payment period.
(4) The Mediation and Arbitration Agency shall manage and operate contributions in an independent account separately from general budget.
 Article 22 (Scope of Compensation)
The program for compensation for medical mishaps referred to in Article 46 (1) of the Act (hereinafter referred to as "program for compensation for medical mishaps"), shall apply to the following mishaps: <Amended by Presidential Decree No. 26317, Jun. 15, 2015>
1. Cerebral palsy in a newborn baby caused in the course of childbirth or due to abnormal childbirth-related symptoms after childbirth;
2. The death of a mother in the course of childbirth or due to abnormal childbirth-related symptoms after childbirth;
3. The death of a fetus in the course of childbirth or the death of a newborn baby due to abnormal childbirth-related symptoms after childbirth.
 Article 23 (Guidelines for Payment of Compensations)
The amount of compensation granted under the program for compensation for medical mishaps, shall be determined by the Compensation Deliberation Committee within the maximum amount of 30 million won, by taking into account the severity of cerebral palsy, etc.
 Article 24 (Procedures, etc., for Payment of Compensations)
(1) Where an assessment statement indicating no negligence on the part of a public health or medical professional, is obtained during the procedures for mediation or arbitration for the relevant medical dispute case, is submitted to the Compensation Deliberation Committee, and if the case is expected to be deliberated upon by the Compensation Deliberation Committee, the chairperson shall notify the party to the procedures for mediation or arbitration or his/her representative (referring only to the victim of medical malpractice or his/her representative; hereafter referred to as a “claimant” in this Article) of the relevant fact as well as the fact that they can file a claim for compensation with the Compensation Deliberation Committee. <Amended by Presidential Decree No. 26317, Jun. 15, 2015>
(2) A claimant in receipt of notification made pursuant to paragraph (1) may file a claim for compensation for an inevitable medical mishap with the Mediation Compensation Committee within 14 days from the date of receipt of the notification.
(3) Where a claim is filed pursuant to paragraph (2), the chairperson shall suspend the procedures for mediation or arbitration and forward all the records of the relevant case to the Compensation Deliberation Committee.
(4) The Compensation Deliberation Committee may request the Assessment Board to conduct an reassessment or additional assessment if necessary after receipt of the records pursuant to paragraph (3). In such cases, the Assessment Board shall submit a reassessment statement or additional assessment statement to the Compensation Deliberation Committee within one month from the date it obtains the request for assessment.
(5) Where it determines not to pay compensation as a result of its deliberation, the Compensation Deliberation Committee shall, without delay, forward all the records of the relevant case back to the chairperson, and the chairperson shall resume the procedures for mediation or arbitration suspended.
(6) Where the Compensation Deliberation Committee determines to pay compensation as a result of its deliberation, the president shall notify the claimant of the relevant fact within 15 days from the date such determination is made, and shall pay the compensation within one month from the date of the notification.
(7) Necessary matters for the payment of compensation, other than matters prescribed in paragraphs (1) through (6), shall be determined by the president with approval from the board of directors.
 Article 25 (Object and Scope of Advances) 
(1) The object of advances paid under Article 47 (1) of the Act shall be limited to damages, and shall not include expenses for mediation, arbitration, lawsuit, etc.
(2) The scope of advances paid under Article 47 (1) of the Act shall be the outstanding amount of damages, but shall exclude damages on or after each date specified as follows:
1. In cases described in Article 47 (1) 1 of the Act: the date mediation concludes or the date of an arbitral award, or the date a mediation statement is prepared;
2. In cases described in Article 47 (1) 2 of the Act: the date a mediation statement is prepared;
3. In cases described in Article 47 (1) 3 of the Act: the date a deed of assignment for execution is prepared: Provided, That it shall be the date a judgment is final and conclusive when the deed of assignment for execution is the judgement.
 Article 26 (Claim for Advances) 
Each person who intends to file a claim for an advance pursuant to Article 47 (1) of the Act, shall submit a written request for advance, together with the following documentation:
1. In cases described in Article 47 (1) 1 of the Act: a written determination of mediation or a written arbitral award, or a mediation statement;
2. In cases described in Article 47 (1) 2 of the Act: a mediation statement;
3. In cases described in Article 47 (1) 3 of the Act: a deed of assignment for execution: Provided, That it shall include the certification that a judgment is final and conclusive when the deed of assignment for execution is the judgement.
 Article 27 (Payment, etc., for Expenses for Advances by Operators of Public Health or Medical Institutions)
(1) The president shall obtain approval from the Minister of Health and Welfare where he/she intends to determine or change the annual target amount of a reserve fund for expenses necessary for the advances of damages (hereinafter referred to as “expenses for advances”) to be paid by the operators of public health or medical institutions pursuant to Article 47 (2) of the Act.
(2) The president shall determine the standards for calculating expenses for advances to be paid by the operators of public health or medical institutions and the amount of money to be paid accordingly by each operator of public health or medical institution, within the range of the annual target amount of a reserve fund referred to in paragraph (1). In such cases, the president may determine the method for calculating the amount of expenses for advances differently according to the types of the operators of public health or medical institutions.
(3) Where the president intends to collect expenses for advances as calculated pursuant to paragraph (2) from each operator of a public health or medical institution (including cases for collecting some of expenses for the medical care benefits under Article 47 (4) of the Act), he/she shall post public notice of the amount of expenses for advances to be paid by each operator of a public health or medical institution and of the period of collection before one month from the date of collection, and shall notify the National Health Insurance Corporation under the National Health Insurance Act of such notice.
(4) Where necessary in order for determining the standards for calculating expenses for advances to be paid by each operator of a public health or medical institution pursuant to paragraph (2) or in order for collecting the calculated amount of expenses for advances pursuant to paragraph (3), the president may request that related materials be submitted to the National Health Insurance Corporation or the Health Insurance Review and Assessment Service under the National Health Insurance Act.
(5) Where necessary in order for determining the standards for calculating expenses for advances to be paid by each operator of a public health or medical institution pursuant to paragraph (2) or in order for collecting the calculated amount of expenses for advances pursuant to paragraph (3), the president may request that materials related to the following matters be submitted to local governments: <Newly Inserted by Presidential Decree No. 26317, Jun. 15, 2015>
1. Matters related to the opening or closure of a public health or medical institution;
2. Matters related to changes in the opening of a public health or medical institution;
3. Matters related to changes in the registration of a pubic health clinic, public health branch clinic, or public health and medical care center.
(6) Where any operator of a public health or medical institution becomes unable to continue operating a public health or medical business due to closure, the president may fully or partially pay expenses for advances paid by the operator of the relevant pubic health or medical institution by obtaining approval of the Minister of Health and Welfare. <Newly Inserted by Presidential Decree No. 26317, Jun. 15, 2015>
 Article 28 (Reimbursement of Advances) 
(1) Where the president has paid an advance for damages pursuant to Article 47 (5) of the Act, he/she shall, without delay, request that the operator of the relevant public health or medical institution or the relevant public health or medical professional (hereinafter referred to as to "person obliged to reimburse") pay the full amount of the advance to the Mediation and Arbitration Agency within a specified period.
(2) Where the president obtains the amount of the advance from a person obliged to reimburse after making a request pursuant to paragraph (1), he/she shall include the relevant amount of money obtained into an account for the advances for damages referred to in Article 47 (3) of the Act.
 Article 29 (Disposition of Write-Off of Losses of Advances)
(1) The president may write off losses with respect to any of the following advances, with approval from the board of directors, pursuant to Article 47 (7) of the Act:
1. Where it is impossible to exercise the right to demand reimbursement due to such grounds as the death, loss of the juristic personality, missing, etc., of a person obliged to reimburse;
2. Where a person obliged to reimburse owns no assets or where even the assets of a person obliged to reimburse falls short of the amount of value of a claim to reimburse in any of the following cases:
(a) Where it is verified that the assets of a person obliged to reimburse will have no residual value after being appropriated for expenses for the procedures for exercising the right to demand reimbursement;
(b) Where it is verified that the assets of a person obliged to reimburse will have no residual value after being appropriated for the payment of national taxes and local taxes or the payment for claims secured by the right of mortgage, etc., which takes precedence over the claim for an advance.
3. Where a statute of limitations period on the claim to reimburse has expired;
4. Where the disposition of the write-off of losses is approved by the board of directors for any other applicable grounds falling under any of subparagraphs 1 through 3.
(2) Where it becomes possible to exercise the right to demand reimbursement due to grounds, including that a person obliged to reimburse who was missing is found or other assets which can be seized, is found after writing off an advance as losses pursuant to paragraph (1), the president shall, without delay, revoke the write-off.
 Article 30 (Expenses for Mediation, etc.)
The amounts of fees and expenses for assessment and their payment methods referred to in Article 50 of the Act, shall be determined by the president with approval from the board of directors, by taking into consideration the amounts of money usually charged in litigation procedures including fees, assessment expenses, and other expenses required for cases in litigation in the relevant courts.
 Article 30-2 (Processing Sensitive Information and Personally Identifiable Information)
(1) Where it is essential for preparing legal and institutional grounds for survey and research, the preparation and announcement of statistics, education, the development of guidelines, etc., under Article 5 of the Act, the Minister of Health and Welfare may process data, including information on health, referred to in Article 23 of the Personal Information Protection Act.
(2) Where it is essential for conducting affairs related to the verification of grounds for disqualification of executives of the Mediation and Arbitration Agency under Article 12 of the Act, the Minister of Health and Welfare may process information corresponding to criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data, including resident registration numbers, referred to in subparagraph 1 of Article 19 of same Decree.
(3) Where it is essential for conducting the following affairs, the Minister of Health and Welfare may process data, including resident registration numbers, passport numbers, or alien registration numbers, referred to in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs related to the audit on the business, accounting, and assets of the Mediation and Arbitration Agency, referred to in Article 16 (3) of the Act;
2. Affairs related to the imposition and collection of administrative fines, referred to in Article 54 of the Act.
(4) Where it is essential for conducting affairs related to the imposition and collection of administrative fines under Article 54 of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”), or the head of a Si/Gun/Gu, may process data, including resident registration numbers, passport numbers, or alien registration numbers, referred to in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Amended by Presidential Decree No. 27634, Nov. 29, 2016>
(5) Where it is essential for conducting the following affairs, the Mediation and Arbitration Agency may process information on health referred to in Article 23 of the Personal Information Protection Act, or data, including resident registration numbers, passport numbers, or alien registration numbers, referred to in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of same Act:
1. Affairs related to the mediation and arbitration of medical disputes referred to in subparagraph 1 of Article 8 of the Act;
2. Affairs related to the assessment of medical malpractice cases referred to in subparagraph 2 of Article 8 of the Act;
3. Affairs related to the program for compensation for medical mishaps referred to in Article 46 of the Act.
(6) Where it is essential for conducting affairs related to the advance of damages paid under subparagraph 3 of Article 8 of the Act, the Mediation and Arbitration Agency may process data, including resident registration numbers, passport numbers, or alien registration numbers, referred to in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(7) Where it is essential for conducting affairs for the prevention of medical malpractice, including the analysis of causes of medical malpractice, the types of medical malpractice, etc., referred to in subparagraph 5 of Article 8 of the Act and in subparagraph 1 of Article 3 of this Decree, the Mediation and Arbitration Agency may process data, including information on health, referred to in Article 23 of the Personal Information Protection Act.
(8) Where it is essential for conducting affairs related to the verification of grounds for disqualification of mediators under Article 21 of the Act, the Mediation and Arbitration Agency may process information corresponding to criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act, and data, including resident registration numbers, referred to in subparagraph 1 of Article 19 of same Decree.
[This Article Newly Inserted by Presidential Decree No. 26141, Mar. 11, 2015]
 Article 31 (Assessment of Regulation) 
The Minister of Health and Welfare shall assess the relevance of the ratio of sharing financial resources for compensation prescribed in Article 21 (1) by April 8, 2019 and take measures for adjusting or maintaining, etc., the ratio of sharing them. <Amended by Presidential Decree No. 27171, May 17, 2016>
 Article 32 (Imposition and Collection of Administrative Fines)
Administrative fines referred to in Article 54 (1) and (2) of the Act shall be imposed and collected by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, in accordance with the standards for imposition as listed in the attached Table. <Amended by Presidential Decree No. 27634, Nov. 29, 2016>
ADDENDUM
This Decree shall enter into force on April 8, 2012: Provided, That the amended provisions of Articles 18 through 24 and 31, shall enter into force on April 8, 2013.
ADDENDUM <Presidential Decree No. 26141, Mar. 11, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26317, Jun. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Refund of Expenses for Advances)
The amended provisions of Article 27 (6) shall begin to apply from the first case of closure after this Decree enters into force.
ADDENDUM <Presidential Decree No. 27171, May 17, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27634, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 30, 2016.
Article 2 (Transitional Measure concerning Standards for Imposing Administrative Fines)
Notwithstanding the amended provisions of subparagraph 1 of the attached Table, the former provisions shall apply when the standards for imposing administrative fines are applied to any violation committed before this Decree enters into force.