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ENFORCEMENT DECREE OF THE MEDICAL SERVICE ACT

Wholly Amended by Presidential Decree No. 20292, Sep. 28, 2007

Amended by Presidential Decree No. 20679, Feb. 29, 2008

Presidential Decree No. 21148, Dec. 3, 2008

Presidential Decree No. 21428, Apr. 20, 2009

Presidential Decree No. 22003, Jan. 27, 2010

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22635, Jan. 24, 2011

Presidential Decree No. 22667, Feb. 14, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23753, Apr. 27, 2012

Presidential Decree No. 23759, May 1, 2012

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26526, Sep. 15, 2015

Presidential Decree No. 26742, Dec. 22, 2015

Presidential Decree No. 27241, jun. 21, 2016

Presidential Decree No. 27525, Sep. 29, 2016

Presidential Decree No. 27700, Dec. 27, 2016

Presidential Decree No. 27917, Feb. 28, 2017

Presidential Decree No. 27944, Mar. 20, 2017

Presidential Decree No. 28131, jun. 20, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Medical Service Act and matters necessary for enforcing said Act.
 Article 2 (Public Health Services of Nurses)
"Health services prescribed by Presidential Decree" in Article 2 (2) 5 (c) of the Medical Service Act (hereinafter referred to as the "Act") means any of the following public health services: <Amended by Presidential Decree No. 21428, Apr. 20, 2009; Presidential Decree No. 22667, Feb. 14, 2011; Presidential Decree No. 27525, Sep. 29, 2016; Presidential Decree No. 27700, Dec. 27, 2016>
1. Public health services provided by a public official exclusively responsible for public health care services prescribed in Article 19 of the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, Etc.;
2. Mother and child health and family planning services provided by a mother and child health care specialist referred to in Article 10 (1) of the Mother and Child Health Act;
3. Public health services provided under Article 18 of the Tuberculosis Prevention Act;
4. Services determined by other Acts and subordinate statutes as public health services of nurses.
 Article 2-2 (Matters to Be Displayed on Name Tags, etc.)
(1) Where persons who perform medical practices need to wear name tags by which they can be identified pursuant to the main sentence of Article 4 (5) of the Act, it shall conform to the following classification:
1. Matters to be displayed on a name tag: Matters classified as follows shall be indicated:
(a) A medical person: A medical job title and name: Provided, That in cases of a medical specialist referred to in Article 77 (1) of the Act, a specialist title and name may be indicated;
(b) A student referred to in Article 27 (1) 3 of the Act: A major field of study and name;
(c) An assistant nurse referred to in Article 80 of the Act: An assistant nurse title and name;
(d) A medical technologist referred to in Article 2 of the Medical Service Technologists, etc. Act: A medical service technologist title and name;
2. Method of wearing a name tag: The name tag shall be marked on or attached to the clothing, or hanged on the neck, or worn in any other similar manner;
3. Method of manufacturing a name tag: The name tag shall be imprinted, engraved, affixed, stitched, or manufactured by similar methods;
4. Specifications and colors of a name tag: The contents of the name tag shall be visible with clear specifications and colors.
(2) Detailed matters to be displayed on name tags; detailed methods of wearing and manufacturing name tags; detailed matters concerning specifications and colors of name tags, etc. under paragraph (1) shall be determined and publicly notified by the Minister of Health and Welfare.
(3) "Cases prescribed by Presidential Decree" in the proviso to Article 4 (5) of the Act means cases where a medical person is inside any of the following facilities:
1. An isolated ward;
2. An aseptic treatment room;
3. Any other facility similar to that prescribed in subparagraph 1 or 2, which is publicly notified by the Minister of Health and Welfare as deemed necessary to prevent hospital-acquired infection.
[This Article Newly Inserted by Presidential Decree No. 27917, Feb. 28, 2017]
 Article 3 (Scope of National Examination, etc.)
(1) The national examination for medical doctors, dentists, oriental medical doctors, mid-wives or nurses referred to in Article 9 (1) of the Act (hereinafter "national examination") shall be conducted to test knowledge and skills in medicine, dental medicine, oriental medicine, midwifery, nursing, and public health and medicine-related laws and regulations.
(2) The preliminary examination for doctors, dentists or oriental medical doctors under Article 9 (1) of the Act (hereinafter "preliminary examination") shall be given to test knowledge and skills necessary for a person having qualifications referred to in Article 5 (1) 3 of the Act to apply for the national examination under paragraph (1), and held divided into first and second examinations. <Amended by Presidential Decree No. 21428, Apr. 20, 2009>
(3) Persons who have passed a preliminary examination shall be exempted from a preliminary examination (including the first and second examinations), starting from the next national examination.
 Article 4 (Administration and Public Announcement, etc. of National Examinations, etc.)
(1) The Minister of Health and Welfare shall administer national examinations and preliminary examinations (hereinafter referred to as "national examination, etc.") at least once a year. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) The Minister of Health and Welfare shall order the Korea Health Personnel Licensing Examination Institute established under the Korea Health Personnel Licensing Examination Institute Act (hereinafter referred to as "management agency for national examinations, etc.") to administer the national examinations, etc.: <Amended by Presidential Decree No. 26742, Dec. 22, 2015>
(3) When the head of the management agency for national examinations, etc. intends to administer the national examinations, etc., he/she shall obtain prior approval therefor from the Minister of Health and Welfare and give a public announcement of the date and place of the examinations, examination subjects, a period for the submission of an application for the examinations, and other matters necessary for the examinations by no later than 90 days before the examination date: Provided, That the place of examination may be publicly announced by no later than 30 days before the examination date after the number of applications for each region is determined. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23759, May 1, 2012>
 Article 5 (National Examination Subjects, etc.)
The subjects and method of examinations, the selection method of successful applicants, and other necessary matters concerning national examinations shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 6 (Examination Commissioners)
The head of the management agency for national examinations, etc. shall commission examination commissioners, from among persons having professional knowledge in each subject of the examinations whenever he/she conducts national examinations, etc.
 Article 7 (Applications for and Announcement of Successful Applicant for National Examinations, etc.)
(1) Any person who intends to apply for national examinations, etc. shall submit to the head of the management agency for national examinations, etc. the applications for examinations determined by such head.
(2) The head of the management agency for national examinations, etc. shall determine and announce the successful applicants of the national examinations, etc.
 Article 8 (Issuance of License Certificates)
(1) Those who have passed the national examinations shall, accompanied by the documents determined by Ordinance of the Ministry of Health and Welfare, apply to the Minister of Health and Welfare for issuing a license certificates after the announcement of successful applicants. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) The license certificates shall be issued according to their classification, as prescribed by Ordinance of the Ministry of Health and Welfare, to those who have applied for the issuance of license certificates under paragraph (1). <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 9 (Request for Cooperation with Relevant Institutions, etc.)
The head of the management agency for national examinations, etc. may, where it is deemed necessary to properly perform management duties for national examinations, etc., request the Government, local governments, or relevant institutions or associations to provide necessary cooperation, such as providing a place of examination and the supervision of examination.
 Article 9-2 (Restriction on Taking National Examinations, etc.)
The criteria for restriction on taking the national examination, etc. under Article 10 (3) of the Act shall be as specified in attached Table 1.
[This Article Newly Inserted by Presidential Decree No. 28131, Jun. 20, 2017]
 Article 10 (Conditions of License)
(1) "Specially designated areas" in Article 11 (1) of the Act means areas in need of public health and medical services, designated by the Minister of Health and Welfare, and "specially designated duties" means duties of national, public health and medical institutions, and duties of national, public, private health and medical research institutions in the basic medical science field. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) An allowance shall be paid, within budgetary limits, to medical persons who are employed in specially designated areas or for specially designated duties under Article 11 (1) of the Act.
(3) Matters necessary for the implementation method of license conditions and procedures for the order to serve as referred to in Article 11 (1) of the Act shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 10-2 (Access, etc. to Records Related to Patients)
"Public institution prescribed by Presidential Decree" in Article 21 (3) 15 of the Act, means the National Pension Service established under Article 24 of the National Pension Act. <Amended by Presidential Decree No. 28131, Jun. 20, 2017>
[This Article Newly Inserted by Presidential Decree No. 27525, Sep. 29, 2016]
 Article 10-3 (Entrustment of Affairs concerning Establishment and Operation of Medical Record Transmission Support System)
(1) Pursuant to the former part of Article 21-2 (4) of the Act, the Minister of Health and Welfare may entrust affairs concerning the establishment and operation of a medical record transmission support system referred to in paragraph (3) of the same Article (hereinafter referred to as "medical record transmission support system") to any of the following specialized institutions:
1. A public institution established with the objective of providing health and medical services, among the public institutions set forth in Article 4 of the Act on the Management of Public Institutions;
2. An institution determined and publicly notified by the Minister of Health and Welfare, taking into account the organizational structure, workforce, expertise, etc. necessary to perform the entrusted affairs.
(2) When intending to entrust affairs concerning the establishment and operation of a medical record transmission support system pursuant to the former part of Article 21-2 (4) of the Act, the Minister of Health and Welfare shall publicly announce matters concerning the criteria, procedures, methods, etc. of the entrustment in advance.
(3) Where the Minister of Health and Welfare has entrusted affairs concerning the establishment and operation of a medical record transmission support system pursuant to the forepart of Article 21-2 (4) of the Act, he/she shall publish the details of the entrustment, the person entrusted with such affairs, etc. in the Official Gazette and post the same on the website of the Ministry of Health and Welfare.
(4) A specialized institution to which the establishment and operation of a medical record transmission support system have been entrusted pursuant to the former part of Article 21-2 (4) of the Act, shall report the project operation plan, status of project implementation, fund management plan, details of fund spent, etc. to the Minister of Health and Welfare.
(5) The public announcement of the criteria for entrustment, etc., public notification of the details of entrustment, reporting on entrusted affairs, and other relevant matters shall be determined and publicly notified by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 28131, Jun. 20, 2017]
 Article 10-4 (Measures to Ensure Safety of Information Retained in Medical Record Transmission Support System)
(1) A specialized institution to which the establishment and operation of a medical record transmission support system have been entrusted pursuant to the former part of Article 21-2 (4) of the Act, shall take each of the following measures to ensure the safety of the information retained in the medical record transmission support system pursuant to Article 21-2 (5) 1 of the Act:
1. Formulation and implementation of a management plan to ensure the safety of the information retained in the medical record transmission support system;
2. Access control and restriction of access right to the information retained in the medical record transmission support system;
3. Establishment and operation of firewall, intrusion prevention system, and intrusion detection system to prevent unauthorized access to the medical record transmission support system;
4. Development and management of encryption technology, etc. which makes it possible to safely save and transmit the information retained in the medical record transmission support system;
5. Installation and update of security programs for the information retained in the medical record transmission support system;
6. Storage and management of access records to the medical record transmission support system;
7. Installation and update of anti-forgery and anti-counterfeiting programs for the information retained in the medical record transmission support system;
8. Development and implementation of safeguards for other information systems interconnected with the medical record transmission support system;
9. Other measures similar to those prescribed in subparagraphs 1 through 8, which are deemed particularly necessary by the Minister of Health and Welfare to ensure the safety of the information retained in the medical record transmission support system.
(2) Detailed measures necessary to ensure the safety of the information retained in the medical record transmission support system pursuant to paragraph (1) shall be determined and publicly notified by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 28131, Jun. 20, 2017]
 Article 10-5 (Standardization of Electronic Medical Records)
Matters subject to standardization to be determined and publicly notified by the Minister of Health and Welfare pursuant to Article 23-2 (1) of the Act shall be as follows:
1. Forms, terms, contents, etc. of electronic medical records provided for in Article 23 (1) of the Act (hereinafter referred to as "electronic medical records");
2. Facilities and equipment necessary for the safe management and preservation of electronic medical records under Article 23 (2) of the Act;
3. Structures, forms, functions, etc. of the electronic medical record system provided for in Article 23-2 (1) of the Act (hereinafter referred to as "electronic medical record system");
4. Other matters similar to those prescribed in subparagraphs 1 through 3, which are deemed particularly necessary by the Minister of Health and Welfare for the efficient and unified management and use of electronic medical records.
[This Article Newly Inserted by Presidential Decree No. 28131, Jun. 20, 2017]
 Article 10-6 (Certification of Electronic Medical Record System)
(1) The criteria for certification of an electronic medical record system shall be as follows:
1. The standards determined and publicly notified by the Minister of Health and Welfare pursuant to Article 23-2 (1) of the Act shall be satisfied;
2. Compatibility necessary for the electronic transmission between electronic medical record systems shall be secured;
3. Administrative, technical and physical information security shall be secured for the electronic medical record system;
4. Other criteria similar to those prescribed in subparagraphs 1 through 3, which are deemed particularly necessary by the Minister of Health and Welfare, taking into consideration the functions, structures, forms, etc. of electronic medical record systems.
(2) A person who intends to obtain certification of an electronic medical record system pursuant to Article 23-2 (2) of the Act shall submit an application for certification of an electronic medical record system (including an electronic application) to the Minister of Health and Welfare along with the following documents (including an electronic application):
1. Documents substantiating conformity with the criteria for certification prescribed in paragraph (1);
2. Design documents of the electronic medical record system;
3. The manual of the electronic medical record system and the performance test results;
4. Other documents similar to those prescribed in subparagraphs 1 through 3, which are deemed particularly necessary by the Minister of Health and Welfare for the certification of electronic medical record systems.
(3) Where deemed necessary for the professional examination of an application for certification submitted under paragraph (2), the Minister of Health and Welfare may request any institution, corporation, organization, expert, etc. related to health and medical services or information and communication to provide data or opinions.
(4) Upon determining whether an application for certification submitted under paragraph (2) is accepted, the Minister of Health and Welfare shall notify the applicant of such determination in writing.
(5) Where the Minister of Health and Welfare has certified an electronic medical record system pursuant to Article 23-2 (2) of the Act, he/she shall issue a certificate to the applicant and post the details of the certification on the website of the Ministry of Health and Welfare, etc.
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), detailed matters necessary for the certification criteria, certification procedures, certification methods, certification for modification, etc. of an electronic medical record system, shall be determined and publicly notified by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 28131, Jun. 20, 2017]
 Article 10-7 (Indication of Certification of Electronic Medical Record System)
(1) Where a person who has obtained certification of an electronic medical record system pursuant to Article 23-2 (2) of the Act intends to indicate the certification in accordance with the former part of paragraph (3) of the same Article, he/she shall indicate such certification according to the standards determined and publicly notified by Minister of Health and Welfare as to the contents, size, color, design, etc. of a certification mark.
(2) Where deemed necessary to supplement or improve the certification mark of an electronic medical record system pursuant to the former part of Article 23-2 (3) of the Act, the Minister of Health and Welfare may recommend the person who has obtained certification of the electronic medical record system to supplement or improve such certification mark.
[This Article Newly Inserted by Presidential Decree No. 28131, Jun. 20, 2017]
 Article 10-8 (Explanation about Medical Practices)
(1) A written consent a patient (if the patient lacks decision-making capacity, referring to his/her legal representative; hereafter in this Article the same shall apply) gives to a physician, dentist or oriental medical doctor pursuant to the main sentence of Article 24-2 (1) of the Act, shall bear the signature or the name and seal of the relevant patient.
(2) Where deemed necessary to protect patients, a physician, dentist, or oriental medical doctor may inform a patient, in writing as well as orally, of the ground for and details of the change in the method, contents, etc. of the operation, blood transfusion or general anesthesia in accordance with Article 24-2 (4) of the Act, as determined by the Minister of Health and Welfare.
(3) A physician, dentist, or oriental medical doctor shall preserve and manage the document referred to in the main sentence of Article 24-2 (1) of the Act for two years from the date the patient gives consent; and shall preserve and manage the document referred to in paragraph (4) of the same Article for two years from the date the patient is informed.
[This Article Newly Inserted by Presidential Decree No. 28131, Jun. 20, 2017]
 Article 11 (Reporting)
(1) Pursuant to Article 25 (1) of the Act, a medical person shall report to the Minister of Health and Welfare his/her actual state, his/her current employment status, etc. by no later than December 31 of every third anniversary year from the date on which he/she obtains a license issued or reissued pursuant to Article 8 or 65 of the Act: Provided, That a medical person who has reported in accordance with Article 2 (1) of Addenda to the Medical Service Act (Act No. 10609) shall report by no later than December 31 of every third anniversary year from the date of report.
(2) Pursuant to Article 25 (3) of the Act, the Minister of Health and Welfare shall entrust the receipt and acceptance of reports under paragraph (1) to the medical doctors' association, dentists' association, oriental medical doctors' association, midwives' association, and nurses' association under Article 28 of the Act (hereinafter referred to as “central associations”), respectively.
(3) Matters necessary for the method, procedure, etc. for the reporting under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23753, Apr. 27, 2012]
 Article 11-2 (Establishment of Ethics Committee)
(1) Each ethics committee provided for in Article 28 (7) of the Act (hereinafter referred to as “ethics committee”) shall be comprised of 11 members, including one chairperson.
(2) Each committee chairperson shall be commissioned by the head of each central association, from among committee members.
(3) Committee members shall be commissioned by the head of each central association from among the following persons taking gender equality into consideration, and at least four committee members specified in subparagraph 2 shall be included therein: <Amended by Presidential Decree No. 27944, Mar. 20, 2017>
1. Members of each central association, who have at least ten years’ experience in the medical field;
2. Non-medical persons who have abundant experience and knowledge in law, public health, media, the rights and interests of consumers, etc.
(4) The term of office of each committee member shall be three years, renewable for only one further term.
[This Article Newly Inserted by Presidential Decree No. 23753, Apr. 27, 2012]
 Article 11-3 (Operation, etc. of Ethics Committee)
(1) Each ethics committee shall deliberate, and pass a resolution, on the following:
1. Requests for the suspension of qualification under Article 66-2 of the Act;
2. Examinations of qualification for members of each central association and disciplinary actions against members;
3. Other matters stipulated by each central association's articles of incorporation as necessary for the establishment of ethics of members.
(2) Each ethics committee shall meet at the call of the chairperson of the relevant ethics committee or upon request by the head of the relevant central association or by at least one-third of the registered ethics committee members. In such cases, the chairperson of the ethics committee shall notify each ethics committee member of the date, time, and place of the meeting and items on the agenda by no later than seven days before such meeting is held.
(3) An ethics committee meeting shall commence with the attendance of at least two-thirds of the registered ethics committee members, and a resolution shall be adopted by concurrent votes of at least two-thirds of the ethics committee members present at the meeting: Provided, That a quorum for a meeting to pass a resolution on the matters specified in paragraph (1) 2 and 3 may be otherwise stipulated by each central association's articles of incorporation.
(4) Where intending to deliberate, and pass a resolution, on any matter specified in paragraph (1) 1 or 2, the chairperson of an ethics committee shall grant the parties involved in the relevant case with an opportunity to make oral or written statements (including electronic documents).
(5) An ethics committee may organize and operate a specialized advisory group for each field in accordance with the standards set by the Minister of Health and Welfare, if necessary for the professional review of the matters to be deliberated on and resolved under its jurisdiction. <Newly Inserted by Presidential Decree No. 27944, Mar. 20, 2017>
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for operating an ethics committee or a specialized advisory group for each field shall be prescribed by each central association's articles of incorporation. <Amended by Presidential Decree No. 27944, Mar. 20, 2017>
[This Article Newly Inserted by Presidential Decree No. 23753, Apr. 27, 2012]
 Article 11-4 (Exclusion, etc. of Members of Ethics Committee)
(1) In any of the following circumstances, a member of the Ethics Committee shall be excluded from deliberation and resolution by the Ethics Committee:
1. If a committee member is a party to a case brought to the Ethics Committee for deliberation and resolution (hereafter referred to as “the case at issue” in this Article);
2. If a committee member is or was a relative of a party to the case at issue;
3. If a committee member works or worked for an institution to which a party to the case at issue has belonged within the last three years.
(2) If a party to the case at issue has a ground to exclude a committee member under paragraph (1) or has any other ground to hardly expect impartiality from a committee member in deliberation and resolution, such party may file a petition for challenge against the committee member with the Ethics Committee, stating the reasons therefor in writing.
(3) Upon receipt of a petition for challenge under paragraph (2), the Ethics Committee shall make a decision on whether to accept the challenge with the attendance of a majority of the registered committee members and by concurring votes of a majority of the committee members present at the meeting. In such cases, the committee member against whom the petition for challenge has been filed shall not participate in making such decision.
(4) If a member of the Ethics Committee has any ground specified in paragraph (1) or (2), he/she may voluntarily recuse himself/herself from deliberation and resolution.
[This Article Newly Inserted by Presidential Decree No. 23753, Apr. 27, 2012]
 Article 12 (Applications for Permission to Establish Central Association)
When a person intends to obtain permission to establish a central association under Article 29 (1) of the Act, he/she shall submit the following documents to the Minister of Health and Welfare: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. Articles of incorporation;
2. Business plan;
3. Statement of assets;
4. Establishment resolution;
5. Documents concerning the circumstances of election of founding representative;
6. Written consents of inauguration and resumes of executives.
 Article 13 (Matters, etc. to Be Entered in Articles of Incorporation)
Matters that shall be stated in articles of incorporation of a central association pursuant to Article 29 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 23753, Apr. 27, 2012>
1. Objective;
2. Appellation;
3. Seats of the central association, branches, sub-branches;
4. Property or accounts and other matters concerning management and operation;
5. Matters concerning the designation of executive officers;
6. Matters concerning qualifications for and disciplinary actions against members;
7. Matters concerning modification of articles of incorporation;
8. Matters concerning the method of public announcement;
9. Matters concerning the operation of the Ethics Committee.
 Article 14 (Applications for Permission to Modify Articles of Incorporation)
Where any central association intends to obtain permission for modification of the articles of incorporation under Article 29 (3) of the Act, it shall submit the following documents to the Minister of Health and Welfare: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. Documents stating the details and reasons of the modification of the articles of incorporation;
2. Minutes of the meetings concerning the modification of the articles of incorporation;
3. A comparison chart for the new and old articles of incorporation, and other reference documents.
 Article 15 (Branches of Central Association)
Under Article 28 (5) of the Act, any central association shall establish branches each in a Special Metropolitan City, Metropolitan Cities, Dos and Special Self-Governing Provinces within three weeks from the date of the completion of the establishment registration: Provided, That branches of doctors' association in foreign countries shall be established within ten weeks from the date of obtaining permission for modifying the articles of incorporation thereof.
 Articles 16 (Permission, etc. to Modify Articles of Incorporation to Establish Medical Corporations, etc.)
(1) A medical corporation referred to in Article 33 (2) 3 of the Act (hereinafter referred to as "medical corporation") or a nonprofit corporation referred to in subparagraph 4 of the same paragraph that intends to obtain permission for establishing a corporation or modifying its articles of incorporation pursuant to the former part of paragraph (9) of the same Article, shall submit the documents classified as follows to the competent administrative agency:
1. Where it intends to obtain permission for establishing a corporation: The following documents:
(a) A draft of the articles of incorporation which reflects the fact that the establishment and operation of a medical institution coincide with the its purpose business and the seat of the medical institution;
(b) A project plan and a fund-raising plan to establish and operate a medical institution;
(c) A plan to secure facilities, equipment, human resources, etc. of a medical institution;
(d) Documents required under related statutes when a nonprofit corporation referred to in Article 33 (2) 4 of the Act intends to obtain permission for the establishment of a corporation (applicable only to nonprofit corporations);
(e) Documents necessary to obtain permission for establishing a medical corporation pursuant to Article 48 (1) of the Act;
(f) Other documents publicly notified by the Minister of Health and Welfare as deemed necessary in connection with the establishment and operation of a medical institution;
2. Where it is intended to obtain permission for modifying its articles of incorporation: The following documents:
(a) A draft of the articles of incorporation which reflects the fact that the establishment and operation of a medical institution coincide with the its purpose business and the seat of the medical institution;
(b) Documents set forth in subparagraph 1 (b) and (c);
(c) Documents required under related statutes when a nonprofit corporation referred to in Article 33 (2) 4 of the Act intends to obtain permission for modifying its articles of incorporation (applicable only to nonprofit corporations);
(d) Documents necessary to obtain permission for modifying the articles of incorporation pursuant to Article 48 (3) of the Act;
(e) Other documents publicly notified by the Minister of Health and Welfare as deemed necessary in connection with the establishment and operation of a medical institution.
(2) Matters concerning the standards for, methods of preparation and detailed contents of the documents set forth in paragraph (1) (excluding subparagraph 1 (d) and (e) and 2 (c) and (d)), and other relevant matters shall be determined and publicly notified by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 27525, Sep. 29, 2016]
 Article 17 Deleted. <by Presidential Decree No. 23753, Apr. 27, 2012>
 Article 17-2 (Measures to be Taken upon Permanent Cessation or Suspension of Medical Services)
Upon receipt of a report on the permanent cessation or suspension of medical services pursuant to Article 40 (1) of the Act, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall take measures to verify the following matters pursuant to paragraph (5) of the same Article:
1. Whether laundry from the medical institution is appropriately handled in accordance with Article 16 (1) of the Act;
2. Whether medical records, etc. (including electronic medical records) referred to in Article 22 (1) of the Act are appropriately transferred to other medical institutions or are retained in the medical institution in accordance with Article 40 (2) of the Act;
3. Whether measures to protect the rights and interests of patients are taken in accordance with Article 40 (4) of the Act;
4. Other measures similar to those prescribed in subparagraphs 1 through 3, which are deemed particularly necessary by the Minister of Health and Welfare to properly manage the permanent cessation or suspension of medical services.
[This Article Newly Inserted by Presidential Decree No. 28131, Jun. 20, 2017]
 Article 18 Deleted. <by Presidential Decree No. 28131, Jun. 20, 2017>
 Article 19 (Application for Permission to Establish Medical Corporations)
A person who intends to establish a medical corporation under Article 48 (1) of the Act shall submit an application, accompanied by documents determined by Ordinance of the Ministry of Health and Welfare to a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province governor (hereinafter a "Mayor/Do Governor") having jurisdiction over the areas in which the principal offices of such corporations are located. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 20 (Mission of Medical Corporations, etc.)
Medical corporations, as well as non-profit corporations that have established medical institutions under Article 33 (2) 4 of the Act, shall contribute to public hygiene and shall not seek profit, in conducting business of medical treatment (including incidental business that medical corporations conduct under Article 49 of the Act).
 Article 21 (Application for Permission to Dispose of Property or Modify Articles of Incorporation)
Where any medical corporation intends to obtain permission to dispose of property or modify the articles of incorporation under Article 48 (3) of the Act, it shall submit the application, accompanied by documents determined by Ordinance of the Ministry of Health and Welfare to a Mayor/Do Governor having jurisdiction over the area in which the principal office of such corporation is located: Provided, That the medical corporation falling under Article 11 of the Addenda of the amended Medical Service Act (No. 4732), which has been assisted with public loans from the State, shall submit such application to the Minister of Health and Welfare via a Mayor/Do Governor. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 22 (Medical Information System Projects)
"Project prescribed by Presidential Decree" in Article 49 (1) 6 of the Act means any of the following projects: <Amended by Presidential Decree No. 28131, Jun. 20, 2017>
1. System development and operation projects to prepare and manage electronic medical records;
2. System development and operation projects to prepare and manage electronic medical prescriptions;
3. System development and operation projects to save and transmit video records.
 Article 22-2 (Operation, etc. of National Academy of Medicine of Korea)
(1) The business year of the National Academy of Medicine of Korea established under Article 52-2 (1) of the Act (hereinafter referred to as the "National Academy") shall coincide with the fiscal year of the Government.
(2) The National Academy shall report matters concerning the plan for and current status of providing its services, funds management plan, disbursement breakdown of funds, etc. to the Minister of Health and Welfare, as determined by the Minister of Health and Welfare.
(3) The National Academy shall develop and implement measures necessary for medical personnel, related experts, etc. in various fields to participate in the operation of its organization, provision of its services, and other relevant matters in equilibrium.
[This Article Newly Inserted by Presidential Decree No. 27525, Sep. 29, 2016]
 Article 23 (Standards for Prohibition of Medical Service Advertisement)
(1) Specific standards for prohibiting medical service advertisement under Article 56 (5) of the Act shall be as follows: <Amended by Presidential Decree No. 21148, Dec. 3, 2008; Presidential Decree No. 22003, Jan. 27, 2010; Presidential Decree No. 23753, Apr. 27, 2012; Presidential Decree No. 27917, Feb. 28, 2017>
1. Advertising any new medical technology that has not gone through the assessment of the new medical technology pursuant to Article 53 of the Act;
2. Advertising with a clear expression that the medical treatment skills or methods of a specific medical institution or specific medical person are effective without failure in the treatment of diseases, or advertising the treatment stories of patients or the clinical experiences of not more than six months;
3. Advertising that the medical treatment skills or methods of a specific medical institution or specific medical person are far superior and more effective than those of any other medical institution or medical person;
4. Advertising unfavorable matters on the medical treatment skills or methods of any other medical institution or medical person for the purpose of slandering the relevant medical corporation, medical institution or medical person;
5. Advertising by posting videos or photographs which the general public feel disgusted at such as those showing the scenes of operations of patients performed by a medical person, or the affected parts, etc. of patients;
6. Advertising any medical service or therapy, which lacks essential information, such as foreseeable side effects likely to cause serious harm to the safety of patients, or which provides such essential information in an inconspicuous manner, such as a hardly readable, small font;
7. Advertising the medical treatment skills or methods of a medical institution and medical person, which have not been objectively recognized or have not been objectively founded;
8. Advertising the medical treatment skills or methods of a specific medical institution or specific medical person by carrying or broadcasting articles or opinions of experts concerning such skills or methods in newspapers or Internet newspapers provided for in Article 2 of the Act on the Promotion of Newspapers, Etc., or in periodicals provided for in the Act on Promotion of Periodicals, including Magazines, or in broadcasts provided for in subparagraph 1 of Article 2 of the Broadcasting Act, while carrying or broadcasting information on the contact address and map of the specific medical institution, medical person, etc.;
9. Advertising medical services subject to review under Article 57 (1) of the Act without review or differently from the reviewed contents;
10. Advertising that contains false or vague contents, information, etc. as to the discount, and amount of exemption, of non-covered medical expenses, and the items eligible for, or the period or scope of non-covered medical expenses referred to in Article 45 of the Act, or the non-covered medical expenses before applying discount or exemption.
(2) Where medical corporations, medical institutions or medical persons advertise their medical services on their websites, the Minister of Health and Welfare may set and publish detailed standards for prohibiting medical advertisement pursuant to paragraph (1). <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 24 (Advertisements of Medical Services Subject to Review and Entrustment of Review)
(1) “Internet media specified by Presidential Decree” in Article 57 (1) 4 of the Act means the following media: <Amended by Presidential Decree No. 23753, Apr. 27, 2012>
1. Internet news services prescribed in subparagraph 5 of Article 2 of the Act on the Promotion of Newspapers, Etc.;
2. Website operated by a broadcasting business operator prescribed in subparagraph 3 of Article 2 of the Broadcasting Act;
3. Internet media that mainly provides broadcast programs of a broadcasting business operator prescribed in subparagraph 3 of Article 2 of the Broadcasting Act online under a name or title, including such a word as ‘broadcasting’, ‘TV’, or ‘radio’;
4. Internet media operated by an information and communications service provider prescribed in Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., if the average number of users per day was at least 100,000 during the preceding three months as at the end of the preceding year.
(2) Pursuant to Article 57 (3) of the Act, the Minister of Health and Welfare shall entrust affairs concerning the review on medical service advertisements to the doctors' association, the dentists' association and the oriental medical doctors' association, respectively, prescribed in Article 28 (1) of the Act, as follows: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26526, Sep. 15, 2015>
1. The doctors' association: Review on medical service advertisements run by doctors, clinics, hospitals, convalescent hospitals (excluding those opened by oriental medical doctors), or general hospitals (excluding dental services) and midwifery clinics;
2. The dentists' association: Review on medical service advertisements run by dentists, dental clinics, dental hospitals, or general hospitals (only limited to dental services);
3. The oriental medical doctors' association: Review on medical service advertisements run by oriental medical doctors, oriental medical clinics, oriental medical hospitals, or convalescent hospitals (limited to convalescent hospitals opened by oriental medical doctors).
(3) Notwithstanding paragraph (2), where the associations of medical personnel referred to in each subparagraph of paragraph (2) establish and operate an integrated review organization for the purpose of review on medical service advertisements, the Minister of Health and Welfare shall entrust the review on medical service advertisements to such integrated review organization. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 25 (Procedures for Deliberation on Medical Service Advertisements)
(1) Any medical corporation, medical institution, or medical personnel (hereinafter referred to as "applicants") that intends to have its medical service advertisement deliberated shall submit an application prescribed by Ordinance of the Ministry of Health and Welfare, accompanied by the details of such medical advertisement, to an organization to which deliberation on the medical service advertisements is entrusted (hereinafter referred to as "deliberative body"), pursuant to Article 24 (2) or (3). <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26526, Sep. 15, 2015>
(2) The deliberative body in receipt of an application filed under paragraph (1) shall notify the medical corporation, medical institution, or medical person who has filed an application for deliberation on medical service advertisements (hereinafter referred to as "applicant") of the results of the deliberation in writing within 30 days from the date when it has received such application following the deliberation of the medical service advertisement deliberative committee provided for in Article 28 (hereinafter referred to as "deliberative committee"). <Amended by Presidential Decree No. 26526, Sep. 15, 2015>
(3) Notwithstanding paragraph (2), the deliberative body may extend the processing period within 15 days in any extenuating circumstances. In such cases, it shall notify the applicant of the ground for the delay and the expected processing period. <Newly Inserted by Presidential Decree No. 26526, Sep. 15, 2015>
(4) Where any applicant is dissatisfied with the result of deliberation, which is notified to him/her pursuant to paragraph (2) or (3), the applicant may make a request for re-deliberation within 15 days from the date when the applicant has been notified of the result of deliberation. <Amended by Presidential Decree No. 26526, Sep. 15, 2015>
(5) The deliberative body shall, upon receiving a request for re-deliberation pursuant to paragraph (4), notify in writing the applicant of the result of the re-deliberation within 30 days from the date when it has received such request for re-deliberation after undergoing the re-deliberation thereon by the deliberative committee. <Amended by Presidential Decree No. 26526, Sep. 15, 2015>
 Article 26 (Changes in Deliberation Contents)
(1) Where a person subject to the deliberation or re-deliberation pursuant to Article 25 intends to run his/her advertisement after changing the contents of such advertisement that has been deliberated upon, he/she shall have the changed contents to be deliberated regarding such changes pursuant to Article 25: Provided, That when intending to run the advertisement after amending or deleting a few words to the extent that the contents of the relevant advertisement are not changed, he/she may run the advertisement without having the advertisement to be deliberated upon.
(2) Anyone who intends to run the advertisement pursuant to the proviso to paragraph (1) shall notify the deliberative body of his/her intention before he/she begins running the advertisement and the deliberative body shall, in cases where it is deemed that the contents of the advertisement, which have been notified to it, are changed, notify without delay the applicant that he/she shall get such advertisement to undergo deliberation.
 Article 27 (Indication of Deliberation Results)
Where any applicant intends to advertise the contents that have undergone deliberation pursuant to Articles 25 and 26, the applicant shall indicate in such advertisement that the contents thereof have undergone deliberation.
 Article 27-2 (Monitoring of Medical Service Advertisements)
(1) The deliberative body shall monitor the following matters of the medical service advertisements which are subject to the deliberation or which have undergone deliberation prescribed in Article 57 of the Act:
1. Where a medical corporation, medical institutions, or medical personnel advertises his/her/its medical services using any media falling under any subparagraph of Article 57 (1) of the Act, whether he/she/it has undergone deliberation prescribed in Article 25 or 26;
2. Whether an applicant runs an advertisement in the same content as deliberated pursuant to Article 25 or 26;
3. Whether an applicant indicates in the advertisement the fact that he/she/it has undergone deliberation prescribed in Article 27.
(2) The head of the deliberative body shall file a quarterly report with the Minister of Health and Welfare on the results of the monitoring conducted under paragraph (1) within 30 days after the end of each quarter.
[This Article Newly Inserted by Presidential Decree No. 26526, Sep. 15, 2015]
 Article 28 (Composition, Operation, etc. of Deliberative Committee)
(1) The deliberative body shall establish and operate the deliberative committee mandated to deliberate on medical service advertisements.
(2) The deliberative committee shall be comprised of 10 to 20 members, including one chairperson and one vice chairperson. In such case, at least one person falling under paragraph (4) 3 through 7 shall be included respectively, and the number of such persons shall be at least one third of the total number of members. <Amended by Presidential Decree No. 26526, Sep. 15, 2015>
(3) The chairperson shall be commissioned by the head of the deliberative body and the vice chairperson shall be elected from among members of the deliberative committee.
(4) Members of the deliberative committee shall be commissioned by the head of the deliberative body from among the following persons: <Amended by Presidential Decree No. 26526, Sep. 15, 2015>
1. Medical personnel (excluding midwives and nurses), other than members of the relevant deliberative body, who engage in other medical fields;
2. Members of the relevant deliberative body;
3. Persons recommended by the head of a consumer group provided for in subparagraph 3 of Article 2 of the Framework Act on Consumers;
4. Attorneys-at-law registered with the Korean Bar Association established under Article 78 of the Attorney-at-Law Act, under Article 7 (1) of the same Act, and recommended by the head of the Korean Bar Association;
5. Persons recommended by the heads of corporations established for the main purpose of expanding women's social participation and promoting their welfare among the corporations incorporated under Article 32 of the Civil Act;
6. Persons recommended by the heads of patient-related organizations designated by the Minister of Health and Welfare;
7. Other persons who have good knowledge and experiences in public health and medical services or medical service advertisements.
(5) The terms of office of members of the deliberative committee shall be one year, and they may be reappointed or recommissioned.
(6) The head of the deliberative body shall quarterly report the result of the deliberations and re-deliberations to the Minister of Health and Welfare within 30 days after the end of the relevant quarter. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(7) Matters necessary for the composition, operation, and deliberation of the deliberative committee, other than matters prescribed in paragraphs (1) through (6), shall be determined by the chairperson following the resolution thereon by the deliberative committee.
 Article 28-2 (Disqualification, Challenge, Voluntary Refrainment of Members of Deliberative Committee)
(1) If a member of the deliberative committee falls under any of the following cases, he/she shall be disqualified from the relevant deliberation on medical service advertisements:
1. Where he/she, or a person who is or was his/her spouse, becomes a party to the relevant medical service advertisement or is holding any right or duty jointly with the party to the relevant medical service advertisement;
2. Where he/she is or was a relative of a party to the relevant medical service advertisement;
3. Where he/she has given any advice, etc. with respect to the relevant medical service advertisement;
4. Where he/she involves or has involved in the relevant medical service advertisement as an agent of a party thereto.
(2) If any member of the deliberative committee falls under any subparagraph of paragraph (1) or if there is any ground for which it would be impracticable to expect the impartial deliberation, a party to the relevant medical service advertisement subject to the deliberation of the deliberative committee may file a request for the challenge to him/her with the deliberative committee, and the deliberative committee shall make a decision on whether to accept the challenge by its resolution. In such case, no member of the deliberative committee subjected to such request for challenge shall participate in the resolution.
(3) A member of the deliberative committee shall, if falling under any cause for exclusion referred to in subparagraphs of paragraph (1), notify such fact to the deliberative committee and voluntarily refrain from the deliberation of the relevant medical service advertisement.
(4) If a member of the deliberative committee falls under any of the following cases, the head of the deliberative body may dismiss him/her:
1. Where he/she becomes incapable of performing his/her duties due to mental handicap;
2. Where he/she is deemed unsuitable for a member due to delinquency of duties, injury to dignity, or any other ground;
3. Where he/she fails to refrain himself/herself although he/she falls under a case set forth in any subparagraph of paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 26526, Sep. 15, 2015]
 Article 29 (Entrustment of Accreditation of Medical Institutions)
(1) Pursuant to Article 58 (2) of the Act, the Minister of Health and Welfare shall entrust the following affairs to a non-profit corporation established for accreditation of medical institutions with permission from the Minister of Health and Welfare (hereafter referred to as “accrediting agency” in this Article):
1. Examination on whether the standards for accreditation under Article 58-3 (2) of the Act are met;
2. Notification of the results of evaluation and accreditation ratings under Article 58-3 (3) of the Act;
3. Re-accreditation of medical institutions conditionally accredited under Article 58-3 (6) of the Act;
4. Receipt of applications for accreditation under Article 58-4 (1) or (2) of the Act;
5. Receipt of petitions for objection under Article 58-5 of the Act and notification of results thereof;
6. Issuance of certificates of accreditation under Article 58-6 (1) of the Act;
7. Publication of standards for accreditation of medical institutions accredited under Article 58-7 (1) of the Act, the term of validity of accreditation, the results of evaluation conducted pursuant to Article 58-3 (2) of the Act, etc. through Internet web-sites, etc.
(2) The head of the accrediting agency shall report the details of affairs entrusted to and handled by the agency to the Minister of Health and Welfare, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 22635, Jan. 24, 2011]
 Article 30 (Composition of Medical Institution Accreditation Commission)
Members of the Medical Institution Accreditation Commission under Article 58-2 (1) of the Act (hereinafter referred to as the “Accreditation Commission”) shall be appointed or commissioned by the Minister of Health and Welfare as follows:
1. Five persons recommended by associations of medical persons under Article 28 of the Act and associations of medical institutions under Article 52 of the Act;
2. Five persons recommended by labor organizations, civic groups (referring to non-profit and non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act), and consumer organizations (referring to consumer organizations under Article 29 of the Framework Act on Consumers);
3. Three persons with abundant knowledge and experience in the field of public health and medical services;
4. One Grade-III or higher-ranking public official or one public official who is a member of the Senior Executive Service, from among public officials of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 22635, Jan. 24, 2011]
 Article 31 (Term of Office of Commission Members)
(1) The term of office of each commission member under subparagraphs 1 through 3 of Article 30 shall be two years.
(2) The term of office of a commission member commissioned to replace a commission member resigning from office shall coincide with the remaining term of office of his/her predecessor.
[This Article Wholly Amended by Presidential Decree No. 22635, Jan. 24, 2011]
 Article 31-2 (Dismissal from Office of Members of Accreditation Commission)
The Minister of Health and Welfare may dismiss a member of the accreditation Commission from office if he/she falls under any of the following cases:
1. Where he/she member becomes incapable of performing his/her duties due to any mental disorder;
2. Where he/she engages in misconduct in connection with his/her duties;
3. Where he/she is deemed unsuitable as a member due to neglect of duties, injury to dignity, or any other ground;
4. Where he/she voluntarily admits that it is impracticable for him/her to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 27525, Sep. 29, 2016]
 Article 31-3 (Operation of Accreditation Commission)
(1) The chairperson shall represent the Accreditation Commission and shall exercise overall control over the affairs of the Accreditation Commission.
(2) The Accreditation Commission shall hold a meeting at the call of the chairperson or at least one-third of the registered commission members, and the commission chairperson shall preside over the meeting.
(3) A meeting of the Accreditation Commission shall be duly formed with the attendance of a majority of the registered members, and a resolution shall be adopted by concurrent votes of a majority of the commission members present at the meeting.
(4) If the commission chairperson is unable to perform his/her duty due to extenuating circumstances, a commission member appointed by the commission chairperson in advance shall act on behalf of the commission chairperson.
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the operation, etc. of the Accreditation Commission shall be determined by the commission chairperson, subject to prior resolution thereon by the Accreditation Commission.
[This Article Newly Inserted by Presidential Decree No. 22635, Jan. 24, 2011]
 Article 31-4 (Administrative Secretary)
(1) The Accreditation Commission shall appoint one administrative secretary, who shall perform administrative affairs of the Accreditation Commission.
(2) The administrative secretary shall be appointed by the Minister of Health and Welfare, from among public officials of the Ministry of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 22635, Jan. 24, 2011]
 Article 31-5 (Allowances, etc.)
Commission members who attend a meeting of the Accreditation Commission, except for public officials, shall be reimbursed for allowances and travel expenses within budgetary limits.
[This Article Newly Inserted by Presidential Decree No. 22635, Jan. 24, 2011]
 Article 31-6 (Entrustment of Operation of Vocational Training Centers for Nursing Workforce)
(1) Pursuant to Article 60-3 (2) of the Act, the Minister of Health and Welfare may entrust the affairs related to the operation of a vocational training center for nursing workforce referred to in paragraph (1) of the same Article (hereinafter referred to as "vocational training center for nursing workforce") to any of the following specialized institutions or organizations:
1. A nurses' association or a branch of a nurses' association referred to in Article 28 (1) or (5) of the Act;
2. A public institution established with the objective of providing health and medical services, among the public institutions set forth in Article 4 of the Act on the Management of Public Institutions;
3. Any other specialized institution or organization publicly notified by the Minister of Health and Welfare, taking into account the organizational structure, workforce, expertise, etc. necessary for the performance of entrusted services.
(2) Where the Minister of Health and Welfare intends to entrust the operation of a vocational training center for nursing workforce pursuant to Article 60-3 (2) of the Act, he/she shall publicly announce matters related to the criteria and procedures for, and the methods, etc. of the entrustment in advance.
(3) When the Minister of Health and Welfare entrusts the operation of a vocational training center for nursing workforce pursuant to Article 60-3 (2) of the Act, he/she shall publish matters related to the details of the entrustment, entrustee, etc. in the Official Gazette and post them on the website of the Ministry of Health and Welfare.
(4) A specialized institution or organization entrusted with the operation of a vocational training center for nursing workforce pursuant to Article 60-3 (2) of the Act, shall report matters related to the plan for and current status of providing its services, funds management plan, disbursement breakdown of funds, etc. to the Minister of Health and Welfare, as determined by the Minister of Health and Welfare.
(5) Detailed matters necessary for the public announcement of criteria for entrustment, public notice of details, etc. of entrustment, reporting on entrusted affairs, and other relevant matters prescribed in paragraphs (2) through (4) shall be determined and publicly notified by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 27525, Sep. 29, 2016]
 Article 32 (Scope of Acts of Degrading Medical Personnel's Dignity)
(1) The scope of acts of degrading the dignity of medical personnel referred to in Article 66 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 26526, Sep. 15, 2015>
1. Conducting medical treatment not recognized academically (including midwifery services and nursing services; hereinafter the same shall apply);
2. Conducting unethical medical treatment;
3. Running false or exaggerated advertisements;
3-2. Providing the following health and medical information (referring to information on medical science, dentistry, midwifery, and nursing science; hereinafter the same shall apply) through broadcasting defined in subparagraph 1 of Article 2 of the Broadcasting Act, a newspaper or online newspaper defined in subparagraphs 1 and 2 of Article 2 of the Act on the Promotion of Newspapers, Etc., or a periodical defined in subparagraph 1 of Article 2 of the Act on Promotion of Periodicals, Including Magazines in a false or exaggerated manner:
(a) Health and medical information on foods defined in subparagraph 1 of Article 2 of the Food Sanitation Act;
(b) Health and medical information on functional health foods defined in subparagraph 1 of Article 3 of the Health Functional Foods Act;
(c) Health and medical information on drugs, herbs, herb medications, or quasi-drugs defined in subparagraphs 4 through 7 of Article 2 of the Pharmaceutical Affairs Act;
(d) Health and medical information on medical devices defined in Article 2 (1) of the Medical Devices Act;
(e) Health and medical information on cosmetics, functional cosmetics or organic cosmetics defined in subparagraphs 1 through 3 of Article 2 of the Cosmetics Act;
4. Conducting excessive medical treatment, such as unnecessary tests, medication or surgery, or requesting unjustly excessive medical treatment fees;
5. Giving and receiving money and other valuables in connection with work, such as selection of specialized doctors;
6. Enticing or causing enticement of patients who are about to use other medical institutions into going to medical institutions at which they are employed or which they have established, for profits;
7. Enticing patients who get prescriptions from them into visiting a particular drugstore in collusion with the opener of such drugstore or a person employed at such drugstore, for profit.
(2) Deleted. <by Presidential Decree No. 23753, Apr. 27, 2012>
 Article 33 (Request of Central Association for Suspension of Qualification)
A request for the suspension of qualification under Article 66-2 of the Act shall be made by submitting a document which states the date, time, and place of the meeting of the Ethics Committee and the reasons and grounds for the request for suspension of qualification, to the Minister of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23753, Apr. 27, 2012]
 Articles 34 through 39 Deleted. <by Presidential Decree No. 23753, Apr. 27, 2012>
 Article 40 (Entrustment of Affairs Related to Evaluation for Designation of Education and Training Centers for Assistant Nurses)
(1) Pursuant to the latter part of Article 80 (2) of the Act, the Minister of Health and Welfare may entrust affairs related to the designation of an education and training center for assistant nurses to any of the following institutions:
1. A public institution established with the objective of providing health and medical services or developing human resources, among the public institutions set forth in Article 4 of the Act on the Management of Public Institutions;
2. Any other institution publicly notified by the Minister of Health and Welfare as a specialized institution with the organizational structure, workforce, expertise, etc. necessary to perform the entrusted affairs.
(2) Where the Minister of Health and Welfare entrusts affairs related to the evaluation for designation of an education and training center for assistant nurses pursuant to the latter part of Article 80 (2) of the Act, Article 31-6 (2) through (5) shall apply mutatis mutandis to the public announcement of criteria for entrustment, public notice of details of the entrustment, reporting on the entrusted affairs, etc.
[This Article Newly Inserted by Presidential Decree No. 27700, Dec. 27, 2016]
 Article 41 (Grounds for Revocation of Designation of Education and Training Center for Assistant Nurses)
"Grounds prescribed by Presidential Decree, such as obtaining the designation by fraudulent or illegal means" in Article 80 (3) of the Act, means any of the following grounds:
1. Where an education and training center for assistant nurses is designated by fraud or other improper means;
2. Where an education and training center for assistant nurses fails to meet the criteria for designation of an education and training center for assistant nurses;
3. Where an education and training center for assistant nurses refuses to perform affairs of education and training or provides no education or training for at least three months;
4. Where an education and training center for assistant nurses issues a diploma of education and training or a certificate of completion of the course by fraudulent or other illegal means;
5. Where the curricula or contents of education are in contravention of statutes, or where it is deemed impracticable to attain the purpose of designation of an education and training center.
[This Article Newly Inserted by Presidential Decree No. 27700, Dec. 27, 2016]
 Article 42 (Entrustment of Affairs)
(1) Pursuant to Article 86 (2) of the Act, the Minister of Health and Welfare may entrust the following institutions with the affairs concerning the receipt of applications for the certification of electronic medical record systems under Article 23-2 (2) of the Act, notification of the result of certification, and the issuance of the certificates, and the affairs related to the promotion of the development of technology and the use of electronic medical record systems under paragraph (5) of the same Article: <Newly Inserted by Presidential Decree No. 28131, Jun. 20, 2017>
1. A public institution established with the objective of providing health and medical services, among the public institutions set forth in Article 4 of the Act on the Management of Public Institutions;
2. An institution determined and publicly notified by the Minister of Health and Welfare, taking into account the organizational structure, workforce, expertise, etc. necessary to perform the entrusted affairs.
(2) Pursuant to Article 86 (2) of the Act, the Minister of Health and Welfare may entrust affairs related to the investigation and analysis of non-covered medical expenses and charges for issuing all kinds of certificates and the disclosure of the results thereof pursuant to Article 45-2 (1) of the Act to any of the following specialized institutions: <Amended by Presidential Decree No. 28131, Jun. 20, 2017>
1. A medical doctors' association, dentists' association, or oriental medical doctors' association established under Article 28 of the Act;
2. A public institution established with the objective of providing health and medical services, among the public institutions set forth in Article 4 of the Act on the Management of Public Institutions;
3. Any other institution publicly notified by the Minister of Health and Welfare, taking into account the organizational structure, workforce, expertise, etc. necessary to perform the entrusted affairs.
(3) Pursuant to Article 86 (2) of the Act, the Minister of Health and Welfare may entrust affairs related to the receipt of applications for designation of education and training centers for assistant nurses prescribed in Article 80 (2) of the Act and the issuance of certificates of designation to any of the following institutions: <Newly Inserted by Presidential Decree No. 27700, Dec. 27, 2016; Presidential Decree No. 28131, Jun. 20, 2017>
1. A public institution established with the objective of providing health and medical services or developing human resources, among the public institutions set forth in Article 4 of the Act on the Management of Public Institutions;
2. Any other institution determined and publicly notified by the Minister of Health and Welfare as a specialized institution with the organizational structure, workforce, expertise, etc. necessary to perform the entrusted affairs.
(4) Pursuant to Article 86 (2) of the Act, the Minister of Health and Welfare may entrust affairs related to the report on the actual status of assistant nurses and their employment status prescribed in Article 80 (4) of the Act and the affairs related to continuing education of assistant nurses prescribed in Article 80 (5) of the Act to any of the following institutions: <Newly Inserted by Presidential Decree No. 27700, Dec. 27, 2016; Presidential Decree No. 28131, Jun. 20, 2017>
1. A public institution established with the objective of providing health and medical services or developing human resources, among the public institutions set forth in Article 4 of the Act on the Management of Public Institutions;
2. A institution established with assistant nurses as its members, which has nationwide organizational structure;
3. Any other institution determined and publicly notified by the Minister of Health and Welfare as a specialized institution with the organization structure, workforce, expertise, etc. necessary to perform the entrusted affairs (applicable only to continuing education of assistant nurses referred to in Article 80 (5) of the Act).
(5) Where the Minister of Health and Welfare entrusts the affairs set forth in paragraphs (1) through (4) pursuant to Article 86 (2) of the Act, Article 31-6 (2) through (5) shall apply mutatis mutandis to the public announcement of the criteria for the entrustment, public notice of details of entrustment, reporting on entrusted affairs, etc. <Amended by Presidential Decree No. 27700, Dec. 27, 2016; Presidential Decree No. 28131, Jun. 20, 2017>
[This Article Newly Inserted by Presidential Decree No. 27525, Sep. 29, 2016]
 Article 42-2 (Management of Sensitive Information and Personally Identifiable Information)
The Minister of Health and Welfare (including persons entrusted with affairs of the Minister of Health and Welfare pursuant to Articles 10-3 (1), 11 (2), 31-6 (1), and 42 (1) through (4)); a Mayor/Do Governor; the head of a Si/Gun/Gu (including persons with authority delegated or entrusted, where a Mayor/Do Governor or the head of a Si/Gun/Gu delegates or entrusts his/her authority for relevant affairs); medical personnel; the head of a medical institution; a person working for a medical institution; the founder or manager of a medical institution prescribed in Article 37 of the Act; or an agency responsible for the management of national examinations, may manage information about health prescribed in Article 23 of the Personal Information Protection Act; criminal records prescribed in subparagraph 2 of Article 18 of the Enforcement Decree of the aforesaid Act; and materials in which a resident registration number or alien registration number prescribed in subparagraph 1 or 4 of Article 19 of the aforesaid Decree is included, if essential to perform any of the following affairs: <Amended by Presidential Decree No. 23753, Apr. 27, 2012; Presidential Decree No. 27525, Sep. 29, 2016; Presidential Decree No. 27700, Dec. 27, 2016; Presidential Decree No. 27917, Feb. 28, 2017; Presidential Decree No. 28131, Jun. 20, 2017>
1. Administering national examinations, etc. prescribed in Article 9 of the Act (including cases applied mutatis mutandis under Article 80-3 of the Act);
2. Verifying eligibility for national examinations, etc. prescribed in Article 10 of the Act (including cases applied mutatis mutandis under Article 80-3 of the Act);
3. Issuing licenses prescribed in Article 11 of the Act;
3-2. Preparing, issuing or transmitting (limited to electronic prescriptions) medical certificates, post mortem examination reports, certificates or prescriptions under Article 17 or 18 of the Act;
3-3. Verifying details of patients' records under Article 21 of the Act;
3-4. Verifying details of medical records, or sending or transmitting copies of medical records, clinical opinions on the progress of medical treatment of patients, etc. under Article 21-2 (1) of the Act;
3-5. Sending copies of medical records, etc. under Article 21-2 (2) of the Act;
3-6. Preparing medical records, etc. (including electronic medical records) under Article 22 of the Act;
4. Reporting the actual status of medical personnel, his/her current employment status, etc. prescribed in Article 25 of the Act;
4-2. Establishing, etc. a medical institution prescribed in Articles 33 and 35 of the Act;
5. Controling exposure of radiation to workers involved in radiation from radiation generators for diagnosis prescribed in Article 37 of the Act;
5-2. Investigating and analyzing non-covered medical expenses and charges to issue all kinds of certificates, and disclosing the results thereof prescribed in Article 45-2 (1) of the Act;
5-3. Supporting the survey of the current securement of nursing workforce, and vocational education of nursing workforce and their career development prescribed in Article 60-3 (1) 1 through 5 of the Act;
6. Taking administrative dispositions prescribed in Articles 63 through 66 of the Act;
7. Imposing and collecting penalty surcharges prescribed in Article 67 of the Act;
8. Accrediting qualification for medical specialists prescribed in Article 77 of the Act;
9. Accrediting qualification for nurse practitioners prescribed in Article 78 of the Act;
10. Accrediting qualification for assistant nurses prescribed in Article 80 (1) of the Act;
11. Reporting the actual status of assistant nurses and their employment status prescribed in Article 80 (4) of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 43 (Calculation Basis of Penalty Surcharges)
The amount of penalty surcharges referred to in Article 67 of the Act shall be assessed by applying criteria of attached Table 1-2, based on the criteria for medical service suspension disposition determined by Ordinance of the Ministry of Health and Welfare, with kinds and degree of offenses taken into consideration. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 21428, Apr. 20, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 28131, Jun. 20, 2017>
 Article 44 (Procedure for Imposition and Collection of Penalty Surcharges)
(1) When intending to impose penalty surcharges under Article 67 of the Act, the Minister of Health and Welfare, a Mayor/Do Governor or head of a Si/Gus/Gu shall clearly state the kinds of the relevant offenses and the amount of penalty surcharges in writing and issue a notice for payment. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) Procedures for the collection of penalty surcharges shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 44-2 (Re-Examination of Regulation)
(1) The Minister of Health and Welfare shall re-exam the propriety of the following matters every three years (referring to the date before the base date of every third anniversary) based on the following base dates and take measures for improvement, etc.: <Amended by Presidential Decree No. 26526, Sep. 15, 2015; Presidential Decree No. 28131, Jun. 20, 2017>
1. Base date for the calculation of penalty surcharges referred to in Article 43 and Table 1-2: January 1, 2014;
2. Base date for the imposition of administrative fines referred to in Article 45 and Table 2: January 1, 2014.
(2) The Minister of Health and Welfare shall re-exam the propriety of the standards for prohibiting medical advertisement prescribed in Article 23 every two years (referring to the date before January 1 of every second anniversary) based on January 1, 2015 and take measures for improvement, etc. <Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014>
[This Article Newly Inserted by Act No. 25050, Dec. 30, 2013]
 Article 45 (Imposition and Collection of Administrative Fines)
Criteria for the imposition of administrative fines prescribed in Article 92 of the Act shall be prescribed in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 26526, Sep. 15, 2015]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Relation to Other Statutes)
Where the provisions of the former Enforcement Decree of the Medical Service Act have been cited in other Acts and subordinate statutes at the time when this Decree enters into force, it shall be deemed that the relevant provisions of this Decree have been cited in place of the former provisions if there are provisions corresponding thereto in this Decree.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21148, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21428, Apr. 20, 2009>
This Decree shall enter into force on May 1, 2009: Provided, That the amended provisions of subparagraph 2 of Article 2 enters into force on July 8, 2009.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22635, Jan. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22667, Feb. 14, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23753, Apr. 27, 2012>
This Decree shall enter into force on April 29, 2012: Provided, That the amended provisions of Articles 23 and 24 shall enter into force on August 5, 2012.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability to Pubic Announcement of Examinations)
The provisions that amend a deadline for the public announcement of examinations, etc. in this Decree shall apply to examinations conducted on or after January 1, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26526, Sep. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope of Acts of Degrading Medical Personnel's Dignity)
The amended provisions of Article 32 (1) 3-2 shall apply, beginning with a medical personnel's act of providing false or exaggerated health and medical information after this Decree enters into force.
Article 3 (Transitional Measures concerning Composition of Members of Deliberative Committee)
The deliberative body which has been established and is operated as at the time this Decree enters into force under the former provisions shall organize members of the deliberative committee in accordance with the amended provisions of Article 28 (2) and (4) within three months after this Decree enters into force.
Article 4 (Transitional Measures concerning Imposition of Administrative Fines)
(1) The application of the criteria for the imposition of an administrative fine against an act committed before this Decree enters into force shall be governed by the former provisions, notwithstanding the amended provisions of attached Table 2.
(2) The disposition for imposing administrative fines due to violations committed before this Decree enters into force shall be excluded from the calculation of the number of times of the violations prescribed in the amended provisions of attached Table 2.
ADDENDA <Presidential Decree No. 26742, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27241, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 27525, Sep. 29, 2016>
This Decree shall enter into force on September 30, 2016.
ADDENDUM <Presidential Decree No. 27700, Dec. 27, 2016>
This Decree shall enter into force on January 1, 2017.
ADDENDUM <Presidential Decree No. 27917, Feb. 28, 2017>
This Decree shall enter into force on March 1, 2017.
ADDENDUM <Presidential Decree No. 27944, Mar. 20, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28131, Jun. 20, 2017>
This Decree shall enter into force on June 21, 2017.