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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON HEALTH EXAMINATIONS

Presidential Decree No. 21356, Mar. 18, 2009

Amended by Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 24454, Mar. 23, 2013

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Framework Act on Health Examinations and matters necessary for enforcing said Act.
 Article 2 (Composition of National Health Examination Committee)
Members of the National Health Examination Committee (hereinafter referred to as the "Committee") under Article 8 of the Framework Act on Health Examinations (hereinafter referred to as the "Act"), shall be appointed or commissioned by the Minister of Health and Welfare, including the following persons: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24454, Mar. 23, 2013>
1. One person each respectively nominated by the head of the relevant agency, from among public officials in the Senior Executive Service or third grade public officials working in the Ministry of Strategy and Finance, the Ministry of Education, the Ministry of Health and Welfare, and the Ministry of Employment and Labor;
2. One person each respectively recommended by a consumer organization defined in subparagraph 3 of Article 2 of the Framework Act on Consumers and a non-government organization (referring to non-profit, non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act);
3. One person each respectively recommended by a health examination institution (hereinafter referred to as "examination institution") and an organization representing medical circles;
4. One person each respectively representing employers and employees under the Occupational Safety and Health Act;
5. One person representing principals under the Elementary and Secondary Education Act;
6. One person recommended by the president of the National Health Insurance Service (hereinafter referred to as the "NHIS") under the National Health Insurance Act;
7. Two persons recommended by academic societies or organizations related to agenda items submitted to a Committee meeting.
 Article 3 (Term of Office of Members)
(1) Term of office of members prescribed in subparagraphs 2 through 6 of Article 2, shall be two years; but due to the resignation, etc. of a former member, the term of office of a member newly commissioned shall be the remaining term of office of the former member.
(2) Members referred to in subparagraphs 7 of Article 2 shall be commissioned separately for each Committee meeting and shall be qualified as a member only in relation to the related agenda items.
 Article 4 (Operation of Committee)
(1) The Chairperson shall represent the Committee and exercise overall control of its affairs.
(2) A Committee meeting shall be convened upon request of at least four members or when the Chairperson deems it necessary, and shall be presided over by the Chairperson.
(3) The Chairperson shall determine the agenda items of the relevant meeting and receive recommendation for members referred to in subparagraph 7 of Article 2, from the related academic societies or organizations, at least 14 days before convening the meeting.
(4) The Committee shall hold meetings with the attendance of a majority of incumbent members; and pass resolutions by the concurrent vote of a majority of members present.
(5) When the Chairperson is unable to perform his/her duties in extenuating circumstances, a member pre-nominated by the Chairperson shall perform such duties.
(6) Except as otherwise expressly provided for in paragraph (1) through (5), matters necessary for operating, etc. the Committee shall be determined by the Chairperson following resolutions of the Committee.
 Article 5 (Executive Secretary)
(1) The Committee shall have one executive secretary.
(2) The executive secretary shall be appointed by the Chairperson from among public officials belonging to the Ministry of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(3) The executive secretary shall handle the general affairs of the Committee upon receipt of orders from the Chairperson.
 Article 6 (Composition and Operation of Specialized Sectoral Committees)
(1) "Specialized matters prescribed by Presidential Decree, such as formulating and evaluating guidelines on health examinations or quality management, etc." in Article 9 (4) of the Act, means the following matters:
1. Developing guidelines on health examinations;
2. Evaluating examination institutions and quality management;
3. Follow-up management of health examinations;
4. Other matters that the Chairperson requests a specialized sectoral committee to review.
(2) Specialized sectoral committees under Article 9 (4) of the Act shall be established upon recommendation by the academic societies and organizations related to health examinations or of Committee members.
(3) Matters necessary for establishing and operating specialized sectoral committees, shall be determined by the Chairperson, following resolutions by the Committee.
 Article 7 (Allowances, etc.)
Members who attend at a meeting of the Committee or specialized sectoral committee, may be paid an allowance and reimbursed travel expense within budgetary limits: Provided, That the same shall not apply to a member as a public official who attends a meeting in direct relation to his/her duty as the public official.
 Article 8 (Formulation, etc. of Comprehensive Plans on Health Examinations)
(1) To effectively formulate a comprehensive plan on health examinations under Article 11 of the Act (hereinafter referred to as "comprehensive plan"), the Minister of Health and Welfare shall prepare standards for preparation of the comprehensive plan following a review by the Committee and notify them to the heads of the relevant central administrative agencies in charge of the national health examinations (hereinafter referred to as "relevant central administrative agencies") by April 30 of the year immediately preceding the year in which the comprehensive plan is to be formulated. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(2) The head of each relevant central administrative agency shall prepare a draft plan for health examinations in his/her jurisdiction in accordance with the standards for preparation of the comprehensive plan referred to in paragraph (1); and shall submit it to the Minister of Health and Welfare by June 30 of the year immediately preceding the year in which the comprehensive plan is to be formulated; and the Minister of Health and Welfare shall prepare a draft comprehensive plan compiling such draft plans and finalize it following a review by specialized sectoral committees and deliberation by the Committee. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(3) The Minister of Health and Welfare shall notify the finalized comprehensive plan to the heads of relevant central administrative agencies, Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors"), and heads of Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply). <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(4) Where the Minister of Health and Welfare must amend a comprehensive plan during the implementation of the comprehensive plan due to changes in the policy environment, he/she may amend the comprehensive plan following deliberation by the Committee. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
 Article 9 (Operation of Team in Charge of Managing Standards and Quality of Health Examinations)
The team in charge of managing the standards and quality of health examinations under Article 13 of the Act, shall be established under the Korea Centers for Disease Control and Prevention.
 Article 10 (Revocation, etc. of Designation of Examination Institutions)
(1) "Grounds prescribed by Presidential Decree" in Article 16 (1) 5 of the Act, means any of the following cases:
1. Where an examination institution claims examination expenses fraudulently;
2. Where an examination institution examines any person subject to examination by luring him/her without specifically notifying the fact that it is a national health examination;
3. Where an examination institution refuses national health examinations, without justifiable grounds;
4. Where an examination institution refuses to undergo evaluation prescribed in Article 15 of the Act, without justifiable grounds;
5. Where an examination institution refuses to submit relevant data or to state opinions under Article 22 of the Act, without justifiable grounds.
(2) Where necessary to revoke designation or to issue an order to suspend business pursuant to Article 16 (1) of the Act, the Minister of Health and Welfare may request the NHIS to verify whether the relevant examination institution falls under any ground prescribed in Article 16 (1). <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(3) Detailed criteria for revoking designation or suspension of business under Article 16 of the Act, shall be as specified in the attached Table.
 Article 11 (Collection and Management of Examination Data, and Preparation of Statistics)
(1) The Statistics Act shall apply mutatis mutandis to preparing statistics utilizing examination data under Article 18 of the Act.
(2) Where the Minister of Health and Welfare or the head of a relevant central administrative agency intends to utilize health examination data containing personal information pursuant to Article 18 of the Act, he/she shall obtain consent from persons subject to examination, to utilize their personal information. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
 Article 12 (Delegation of Authority)
Pursuant to Article 27 (1) of the Act, the Minister of Health and Welfare shall delegate the following authority to the Special Self-Governing Province Governor, heads of Sis/Guns/Gus (referring to the heads of autonomous Gus): <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
1. Designing examination institutions under Article 14 of the Act;
2. Revoking designation of examination institutions and issuance of orders to suspend business under Article 16 of the Act;
3. Hearings under Article 17 of the Act.
 Article 13 (Processing Sensitive Information and Personally Identifiable Information)
(1) The Minister of Health and Welfare (including persons to whom the authority of the Minister of Health and Welfare is delegated or entrusted under Article 15 (5) of the Act and Article 12 of this Decree) may process data which contains information on health under Article 23 of the Personal Information Protection Act, information containing resident registration number numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of said Act, if essential to perform the following:
1. Affairs related to designing examination institutions under Article 14 of the Act;
2. Affairs related to evaluating examination institutions under Article 15 of the Act;
3. Affairs related to revoking designation of examination institutions under Article 16 of the Act;
4. Affairs related to hearings under Article 17 of the Act;
5. Affairs related to utilizing examination data under Article 18 of the Act;
6. Affairs related to investigation, research projects, etc. under Article 20 of the Act;
7. Affairs related to claiming, examining, and paying examination expenses under Article 21 of the Act;
8. Affairs related to requesting cooperation to submit data under Article 22 of the Act.
(2) The State and local governments (including persons to whom the authority is delegated or entrusted, where the relevant authority is delegated or entrusted), may manage the data prescribed in paragraph (1), if essential to perform the following:
1. Affairs related to providing, etc. results of national health examinations under Article 5 (3) of the Act;
2. Affairs related to following up management of national health examinations under Article 19 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 22, 2009.
Article 2 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.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
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.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.