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ENFORCEMENT DECREE OF THE LONG-TERM CARE INSURANCE ACT

Presidential Decree No. 24077, Aug. 31, 2012

Amended by Presidential Decree No. 24565, May 31, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25163, Feb. 11, 2014

Presidential Decree No. 25401, jun. 25, 2014

Presidential Decree No. 26805, Dec. 30, 2015

Presidential Decree No. 26844, Dec. 31, 2015

Presidential Decree No. 27575, Nov. 8, 2016

Presidential Decree No. 27960, Mar. 27, 2017

Presidential Decree No. 28072, May 29, 2017

Presidential Decree No. 28496, Dec. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Long-Term Care Insurance Act and matters necessary for the enforcement thereof.
 Article 2 (Geriatric Diseases)
"A geriatric disease specified by Presidential Decree" referred to in subparagraph 1 of Article 2 of the Long-Term Care Insurance Act (hereinafter referred to as the "Act") means a disease listed in attached Table 1.
 Article 3 (Master Plans for Long-Term Care)
Matters to be included in a master plan for long-term care pursuant to Article 6 (1) 3 of the Act are as follows:
1. A scheme for improving the level of long-term care benefits;
2. A plan for providing services for preventing geriatric diseases;
3. Other matters necessary to provide long-term care benefits to older persons, etc.
 Article 3-2 (Scope of Foreigners)
"Foreigners specified by Presidential Decree, such foreign workers, etc. as defined in the Act on the Employment, etc. of Foreign Workers" in Article 7 (4) of the Act refers to the following persons: <Amended by Presidential Decree No. 24077, Aug. 31, 2012>
1. A foreign worker as defined in the Act on the Employment, etc. of Foreign Workers and insured as the employee insured pursuant to Article 109 (2) of the National Health Insurance Act;
2. A foreigner taking a training course provided by a designated industrial entity with entitlement to sojourn for industrial training activities pursuant to Article 10 of the Immigration Act and insured as the employee insured pursuant to Article 109 (2) of the National Health Insurance Act.
[This Article Newly Inserted by Presidential Decree No. 21619, Jul. 7, 2009]
 Article 4 (Long-Term Care Insurance Contribution Rate)
The long-term care insurance contribution rate referred to in Article 9 (1) of the Act shall be 738/10,000. <Amended by Presidential Decree No. 21225, Dec. 31, 2008; Presidential Decree No. 21924, Dec. 30, 2009; Act No. 28496, Dec. 26, 2017>
[This Article Newly Inserted by Presidential Decree No. 20814, Jun. 11, 2008]
 Article 5 (Reduction of Long-Term Care Insurance Contribution Rate for Persons with Disabilities, etc.)
(1) "Person specified by Presidential Decree" in Article 10 of the Act means any of the following persons: <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
1. A person of disability rating I or II registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities;
2. A person who suffers from a rare, incurable disease specified and publicly notified by the Minister of Health and Welfare.
(2) If a person with disabilities, etc. is the insured of a long-term care insurance or one of dependants of the insured of a long-term care insurance, but has not been determined as a beneficiary, the National Health Insurance Service under the National Health Insurance Act (hereinafter referred to as the "NHIS") shall verify whether the person falls under any subparagraph of paragraph (1) and shall reduce his/her long-term care insurance contributions by 30/100 pursuant to Article 10 of the Act. If it is impractical for the NHIS to verify such eligibility, the NHIS shall reduce the contributions upon receipt of an application from the relevant insured of the long-term care insurance or a dependant of the relevant insured for reducing the contributions.
(3) Specific methods, etc. of reducing long-term care contributions pursuant to paragraph (2) shall be determined and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Newly Inserted by Presidential Decree No. 20814, Jun. 11, 2008]
 Article 6 (Persons Exempt from Submitting Medical Doctor’s Referral)
Persons who file an application for approval for long-term care, but are exempt from submitting a medical doctor’s referral are as follows: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 20814, Jun. 11, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. A person determined by an employee of the NHIS, as a result of an investigation conducted pursuant to Article 14 (1) of the Act according to the guidelines prescribed by Ordinance of the Ministry of Health and Welfare, as a person whose mental or physical condition or mobility is severely impaired;
2. A person who resides on an island or a remote area specified and publicly notified by the Minister of Health and Welfare.
 Article 7 (Standards for Need Assessment, etc.)
(1) The standards for need assessment referred to in Article 15 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 23867, Jun. 21, 2012; Presidential Decree No. 24565, May 31, 2013; Presidential Decree No. 25401, Jun. 25, 2014; Presidential Decree No. 28496, Dec. 26, 2017>
1. Long-term care Rating-I: A person who needs another person's help entirely for his/her daily life due to any mental or physical disorder and scores at least 95 points for approval for long-term care;
2. Long-term care Rating-II: A person who needs another person's help substantially for his/her daily life due to any mental or physical disorder and scores at least 75, but less than 95 points for approval for long-term care;
3. Long-term care Rating-III: A person who needs another person's help partially for his/her daily life due to any mental or physical disorder and scores at least 60, but less than 75 points for approval for long-term care;
4. Long-term care Rating-IV: A person who needs another person's help for his/her daily life to a certain extent due to any mental or physical disorder, and scores at least 51, but less than 60 points for approval for long-term care;
5. Long-term care Rating-V: A dementia patient (limited to dementia falling under the category of geriatric disease under Article 2) with score at least 45, but less than 51 points for approval for long-term care;
6. Long-term care cognitive assistant Rating: A dementia patient (limited to dementia falling under the category of geriatric disease under Article 2) with score less than 45 points for approval for long-term care.
(2) Points for approval for long-term care under paragraph (1) shall be determined by measuring the level of reduced mental or physical functions determined and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 8 (Effective Period of Approval for Long-Term Care)
(1) The effective period of approval for long-term care granted under Article 19 (1) of the Act shall be one year: Provided, That where a person is determined as a patient with a rating identical to the preceding one after approval for long-term care under Article 20 of the Act is renewed, the effective period of the renewed approval for long-term care shall be as follows: <Amended by Presidential Decree No. 24565, May 31, 2013; Presidential Decree No. 25401, Jun. 25, 2014; Presidential Decree No. 27575, Nov. 8, 2016; Presidential Decree No. 28496, Dec. 26, 2017>
1. In cases of long-term care Rating I: Four years;
2. In cases of long-term care Rating II through IV: Three years;
3. In cases of long-term care Rating V and cognitive assistant Rating: Two years.
(2) Notwithstanding paragraph (1), the need assessment committee for long-term care under Article 52 (hereinafter referred to as the "need assessment committee") may extend or reduce the effective period of approval for long-term care by not more than six months, considering each applicant's mental and physical conditions, etc.: Provided, That the effective period of approval for long-term care even in such cases shall be at least one year. <Amended by Presidential Decree No. 27575, Nov. 8, 2016>
 Article 9 (Other Benefit for Home Care Service)
"Other benefits for home care service" in Article 23 (1) 1 (f) of the Act means devices determined and publicly notified by the Minister of Health and Welfare and provided or rented as those necessary for assisting beneficiaries in their daily lives or physical activities and for maintaining and improving their cognitive functions. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 27575, Nov. 8, 2016>
 Article 10 (Types of, and Standards for, Long-Term Care Institutions)
The types of, and the standards for, long-term care institutions eligible for providing long-term care benefits pursuant to Article 23 (2) of the Act are as follows:
1. A long-term care institution eligible for providing benefit for home care service:
(a) A long-term care institution designated pursuant to Article 31 of the Act as a welfare facility for providing home care service to the older persons as defined in Article 38 of the Welfare of Older Persons Act;
(b) A long-term care institution for home care established pursuant to Article 32 of the Act;
2. A long-term care institution eligible for providing institutional care benefits:
(a) A long-term care institution designated under Article 31 of the Act as a sanatorium for the older persons as defined in Article 34 (1) 1 of the Welfare of Older Persons Act;
(b) A long-term care institution designated under Article 31 of the Act as a medical treatment and communal living home for the older persons as defined in Article 34 (1) 2 of the Welfare of Older Persons Act.
 Article 11 (Scope of Long-Term Care Workers for Each Type of Long-Term Care Benefit)
(1) The scope of long-term care workers for each type of long-term care benefit under Article 23 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 20814, Jun. 11, 2008; Presidential Decree No. 21924, Dec. 30, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26805, Dec. 30, 2015>
1. In order for a person to become a long-term care worker who provides home visit care services as defined in Article 23 (1) 1 (a) of the Act to be provided as benefit for home care service, the person shall be qualified for a caregiver under Article 39-2 of the Welfare of Older Persons Act;
2. In order for a person to become a long-term care worker who provides home visit bathing services as defined in Article 23 (1) 1 (b) of the Act to be provided as benefit for home care service, the person shall be qualified for a caregiver under Article 39-2 of the Welfare of Older Persons Act;
3. In order to become a long-term care worker who provides home visit nursing services as defined in Article 23 (1) 1 (c) of the Act to be provided as benefit for home care service, a person shall be any of the following persons:
(a) A registered nurse as defined in Article 2 of the Medical Service Act, with at least two years’ work experience as a registered nurse;
(b) A nursing assistant as defined in Article 80 of the Medical Service Act, with at least three years’ work experience as a nursing assistant, who has finished a specified educational course in an education institution designated by the Minister of Health and Welfare;
(c) A dental hygienist as defined in Article 2 of the Medical Service Technologists, etc. Act (limited to cases where dental hygiene services are provided).
(2) Standards and procedure for the designation of education institutions under paragraph (1) 3 (b) and matters necessary for education by such institutions shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Presidential Decree No. 21924, Dec. 30, 2009; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 12 (Guidelines for Reimbursement for Family Care Benefit in Cash)
(1) The amount of family care benefit in cash pursuant to Article 24 (1) of the Act shall be determined and publicly notified by the Minister of Health and Welfare, after deliberation by the Long-Term Care Committee under Article 45 of the Act, taking into consideration the level of use of benefit for home care service. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(2) "Ground specified by Presidential Decree, such as physical or mental condition or character" in Article 24 (1) 3 of the Act means any of the following cases: <Amended by Presidential Decree No. 22564, Dec. 29, 2010>
1. Where a patient infected with a disease defined in the Infectious Disease Control and Prevention Act is likely to infect other persons;
2. Where a person with disabilities registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities is a person with mental disorder specified in attached Table 1 of the Enforcement Decree of the aforesaid Act;
3. Where a person avoids contact with people due to physical disfigurement or any other reason.
[This Article Newly Inserted by Presidential Decree No. 20814, Jun. 11, 2008]
 Article 13 (Cases Where Long-Term Care Benefits May Be Provided Immediately upon Receipt of Application for Approval for Long-Term Care)
(1) "If a beneficiary has no family member who can take care of him/her or if any reason specified by Presidential Decree exists" in Article 27 (2) of the Act means any of the following cases:
1. When no family member lives with a beneficiary;
2. When no family member lives with a beneficiary other than a minor or an older person of at least 65 years of age.
(2) The scope of long-term care benefits that may be provided pursuant to Article 27 (2) or (3) of the Act shall be limited to home care or institutional care benefits.
(3) A beneficiary who intends to receive long-term care benefits from the date on which he/she files an application for approval for long-term care on a ground specified in paragraph (1) shall file an application with the NHIS, along with evidentiary documents, and the NHIS shall verify the application and notify the applicant of its determination thereof without delay.
(4) Matters regarding the application for long-term care benefits pursuant to paragraph (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Newly Inserted by Presidential Decree No. 20814, Jun. 11, 2008]
 Article 13-2 (Methods of Applying for Account for Receipt of Care Allowance for Special Cases)
(1) A person who intends to receive a care allowance for special cases wired to a bank account designated under the name of a beneficiary (hereinafter referred to as “account for receipt of care allowances for special cases”) pursuant to the main sentence of Article 27-2 (1) of the Act shall submit the NHIS an application for direct deposit into an account for receipt of care allowances for special cases prescribed by Ordinance of the Ministry of Health and Welfare, along with a copy of a bankbook (referring to a sheet of paper on which an account number is written). The same shall also apply to changing the account for receipt of care allowances for special cases.
(2) Care allowances for special cases may be paid directly in cash under the proviso to Article 27-2 (1) of the Act, in any of the following cases:
1. Where a financial institution at which an account for receipt of care allowances for special cases was opened is permanently closed, its business is suspended, or it is unable to provide its normal services due to communication failure, etc.;
2. Where a beneficiary resides in an area where an financial institution is not readily available;
3. Where it is impracticable to transfer care allowances for special cases into an account for receipt of care allowances for special cases due to extenuating grounds similar to those prescribed in subparagraphs 1 or 2.
[This Article Newly Inserted by Presidential Decree No. 28072, May 29, 2017]
 Article 14 (Criteria for Designation of Long-Term Care Institutions)
If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (a Gu means an autonomous Gu; the same shall apply hereinafter) intends to designate a long-term care institution pursuant to Article 31 of the Act, he/she shall designate an institution equipped with facilities and human resources under Article 31 (2) of the Act, from among welfare institutions for older persons under Article 31 of the Welfare of Older Persons Act. <Amended by Presidential Decree No. 25163, Feb. 11, 2014; Presidential Decree No. 27575, Nov. 8, 2016>
 Article 15 (Criteria for Imposition of Penalty Surcharges)
Kinds of offenses on which penalty surcharges are to be imposed pursuant to Article 37-2 (1) and (2) of the Act and the amounts of penalty surcharges according to the severity of offenses, etc. shall be as specified in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 25163, Feb. 11, 2014]
 Article 15-2 (Imposition and Payment of Penalty Surcharges)
(1) Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to impose a penalty surcharge on a person pursuant to Article 37-2 of the Act, he/she shall notify in writing to pay such penalty surcharge to such person, stating the kind of the relevant offense, the amount of the penalty surcharge, etc.
(2) A person in receipt of notice given under paragraph (1) shall pay a penalty surcharge to a collecting agency designated by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within 20 days from after receipt of the notice: Provided, That where he/she cannot pay the penalty surcharge within that period due to natural disaster or other unavoidable circumstances, he/she shall pay the penalty surcharge within seven days from the date such circumstances disappear.
(3) A collecting agency which receives a penalty surcharge pursuant to paragraph (2) shall issue a receipt to a payer of such penalty surcharge and immediately notify a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the receipt of the penalty surcharge.
[This Article Newly Inserted by Presidential Decree No. 25163, Feb. 11, 2014]
 Article 15-3 (Announcement of Information)
"Information prescribed by Presidential Decree" in Article 37-3 (1) of the Act means the following items:
1. Types of long-term care institutions and long-term care benefits;
2. Date of designation or establishment of a long-term care institution;
3. Gender of the head of a long-term care institution;
4. Name of a person responsible for the management of a long-term care institution (where a long-term care institution is a medical and welfare facility for older persons under the Welfare of the Older Persons Act, referring to the head of such facility).
[This Article Newly Inserted by Presidential Decree No. 25163, Feb. 11, 2014]
 Article 15-4 (Determination on Public Announcements, and Procedures for, and Methods of Making Public Announcements)
(1) Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to make a public announcement under Article 37-3 (1) of the Act, he/she shall notify in writing a long-term care institution falling under the aforesaid paragraph (hereinafter referred to as "long-term care institution subject to public announcement") of the fact that it is a long-term care institution subject to public announcement and details of public announcement. In such cases, where he/she has established a public announcement deliberative committee (hereinafter referred to as "public announcement deliberative committee") pursuant to Article 37-3 (2) of the Act, he/she shall notify it following deliberation by the public announcement deliberative committee.
(2) A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to make a public announcement under Article 37-3 (1) after holding hearings pursuant to Article 37-3 (2) of the Act on the head of a long-term care institution subject to public announcement who has received notice pursuant to paragraph (1):
1. Where the head of a long-term care institution subject to public announcement attends a hearing: A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to make a public announcement in consideration of the result of the hearing: Provided, That when he/she has undergone deliberation by the public announcement deliberative committee pursuant to the latter part of paragraph (1), a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to make a public announcement following review by the public announcement deliberative committee on the result of the hearing;
2. Where the head of a long-term care institution subject to public announcement fails to attend a hearing: A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine that he/she will make a public announcement as he/she has notified pursuant to paragraph (1).
(3) Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu makes a public announcement of an offense, etc. pursuant to Article 37-3 (1) of the Act, he/she shall make the public announcement thereof on the website of the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (referring to the relevant autonomous Gu; hereinafter the same shall apply) and may make an additional public announcement on the information disclosure system under Article 6 of the Official Information Disclosure Act or on the website of the NHIS.
(4) Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems additional public announcements necessary, such as in cases where an offense subject to public announcement is grave or offenses subject to public announcement are repeated, he/she may make a public announcement in a newspaper under the Act on the Promotion of Newspapers, Etc. or through a broadcast network under the Broadcasting Act, in addition to public announcements pursuant to paragraph (3), during the period prescribed by the aforesaid paragraph.
(5) Where a report on alteration under Article 33 of the Act is made regarding details of a public announcement during the period for making a public announcement under paragraph (3), the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall ensure that such alteration shall be reflected in public announcement under paragraph (3) without delay.
(6) Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for procedures for and methods of making public announcements, alteration of details of public announcement, etc. shall be prescribed by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
[This Article Newly Inserted by Presidential Decree No. 25163, Feb. 11, 2014]
 Article 15-5 (Organization, Operation, etc. of Public Announcement Deliberative Committee)
(1) A public announcement deliberative committee shall be comprised of five members, including one chairperson.
(2) Members of a public announcement deliberative committee shall be persons appointed or commissioned by the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in consideration of gender from among the following persons:
1. One person recommended by a civic group (referring to a non-profit, non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act);
2. One legal professional, such as an attorney-at-law or professor specialized in law;
3. One person who has extensive practical experience in welfare of older persons or long-term care;
4. One public official equal to or higher than Grade IV belonging to a Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu;
5. One person recommended by the NHIS for each region under its jurisdiction from among its employees.
(3) The chairperson shall be elected by a public announcement deliberative committee from among the members referred to in the subparagraphs of paragraph (2).
(4) The terms of office of members who are not members under paragraph (2) 4 and 5 shall be two years.
(5) The chairperson shall represent the public announcement deliberative committee and preside over the affairs thereof.
(6) Where the chairperson of a public announcement deliberative committee is unable to perform his/her duties due to unavoidable circumstances, a member designated in advance by the chairperson shall act on his/her behalf.
(7) A public announcement deliberative committee shall hold meetings with a majority of all incumbent members present, and pass resolutions with the consent of those present.
(8) Actual expenses, such as travel expenses, may be reimbursed to members who attend a meeting, as prescribed by Ordinance of the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu: Provided, That the foregoing shall not apply where a public-official member attends a meeting in direct relation to his/her duties.
(9) Except as otherwise expressly provided for in paragraphs (1) through (8), matters necessary for the organization, operation, etc. of a public announcement deliberative committee shall be prescribed by Ordinance of the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu.
[This Article Newly Inserted by Presidential Decree No. 25163, Feb. 11, 2014]
 Article 15-6 (Exclusion, Challenge, or Avoidance of Members of Public Announcement Deliberative Committee)
(1) In any of the following cases, a member of the public announcement deliberative committee shall be excluded from proceedings of deliberation and resolution on the relevant case on the agenda:
1. If the committee member or the person who is or was the spouse of the committee member is a party to the case on the agenda (including executive officers of the party, if the party is a corporation or organization; the same shall apply hereinafter) or a joint right-holder or joint obligor with a party to the case on the agenda;
2. If the committee member is or was a relative of a party to the case on the agenda;
3. If the committee member has made a testimony or a statement, provided advise or research service or any other service, or served as an appraiser for the case on the agenda;
4. If the committee member or the corporation to which the committee member belongs is or was the representative of a party to the case on the agenda.
(2) If a party to the case has a ground to exclude a committee member under any subparagraph of paragraph (1) or has reason to believe that the party can hardly expect impartiality from the committee member in deliberation and resolution, the party may file a challenge against the committee member with the public announcement deliberative committee, and the public announcement deliberative committee shall make a decision thereon by resolution. In such cases, the committee member against whom the challenge is filed shall not participate in the resolution proceeding.
(3) If a committee member falls under any of the exclusion cases referred to in paragraph (1), he/she shall voluntarily avoid participating in proceedings of deliberation and resolution on the relevant case on the agenda.
[This Article Newly Inserted by Presidential Decree No. 27575, Nov. 8, 2016]
 Article 15-7 (Removal or Dismissal of Members of Public Announcement Deliberative Committee)
In any of the following cases, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may remove or dismiss a member of the public announcement deliberative committee from office:
1. If a committee member is unable to perform his/her duties due to a mental disorder;
2. If a committee member is found to have committed a misdeed in connection with his/her duties;
3. If a committee member is found incompetent for the office of a committee member by reason of dereliction of duty, injury to dignity, or on any other ground;
4. If a committee member does not voluntarily avoid participating in proceedings, although he/she falls under the case specified in any subparagraph of Article 15-6 (1);
5. If a committee member voluntarily manifests that he/she has difficulties in performing his/her duties.
[This Article Newly Inserted by Presidential Decree No. 27575, Nov. 8, 2016]
 Article 16 (Matters Subject to Deliberation by Long-Term Care Committee)
"Essential matters specified by Presidential Decree" in subparagraph 4 of Article 45 of the Act are as follows: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 27575, Nov. 8, 2016>
1. Guidelines for fees for issuing a medical doctor’s referral;
2. Guidelines for fees for issuing a written instruction for home visit nursing;
3. Determination of the monthly maximum amount under Article 28 of the Act;
4. Other matters submitted to the Committee by the Minister of Health and Welfare for deliberation with respect to long-term care benefits.
 Article 17 (Public Officials Appointed to Committee Members)
"Public officials, each of whom belongs to an appropriate central administrative agency specified by Presidential Decree and is a member of the Senior Civil Service Corp" in Article 46 (2) 3 of the Act refers to persons appointed by the head of the agency to which each of them belongs, from among public officials who belong to the Ministry of Strategy and Finance or the Ministry of Health and Welfare and who are members of the Senior Civil Service Corp. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 17-2 (Removal or Dismissal of Members of Long-Term Care Committee)
In any of the following cases, the Minister of Health and Welfare may remove or dismiss a member of the Long-Term Care Committee under Article 45 of the Act (hereinafter referred to as the "Long-Term Care Committee") from office: <Amended by Presidential Decree No. 27575, Nov. 8, 2016>
1. If a committee member is unable to perform his/her duties due to a mental disorder;
2. If a committee member is found to have committed a misdeed in connection with his/her duties;
3. If a committee member is found incompetent for the office of a committee member by reason of dereliction of duty, injury to dignity, or on any other ground;
4. If a committee member voluntarily manifests that he/she has difficulties in performing his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
 Article 18 (Operation of Long-Term Care Committee)
(1) The chairperson of the Long-Term Care Committee under Article 46 of the Act shall represent the Long-Term Care Committee and have overall control of the Committee's affairs.
(2) The vice chairperson shall assist the chairperson and act on his/her behalf if the chairperson is unable to perform his/her duties due to extenuating circumstances.
(3) Members who attend a meeting of the Long-Term Care Committee may be reimbursed for allowances, travel expenses, and other expenses incurred within budgetary limits: Provided, That the foregoing shall not apply where a public official member who attends a meeting in direct connection with any affair assigned to him/her.
(4) Except as otherwise provided for in this Decree, matters necessary for the operation of the Long-Term Care Committee shall be determined by the chairperson, subject to resolution by the Committee.
 Article 18-2 (Services of Support Centers for Long-Term Care Workers)
"Matters specified by Presidential Decree" in Article 47-2 (2) 4 of the Act means the following matters:
1. Provision of information about job opportunities for long-term care workers and counseling on jobs;
2. Programs for improving social awareness of long-term care workers;
3. Other matters specified by Municipal Ordinance of each local government concerning the protection of rights of long-term care workers.
[This Article Newly Inserted by Presidential Decree No. 27575, Nov. 8, 2016]
 Article 19 (Matters to be Stipulated in Articles of Incorporation of the National Health Insurance Service)
"Other matters specified by Presidential Decree" in Article 48 (4) 4 of the Act means the number of standing directors who are wholly responsible for long-term care programs and matters regarding the organization, personnel management, remuneration, and accounting in connection with long-term care programs. <Amended by Presidential Decree No. 24565, May 31, 2013>
 Article 20 (Meetings, etc. of Need Assessment Committee)
(1) The chairperson of a Need Assessment Committee shall convene a meeting and preside over the meeting. <Amended by Presidential Decree No. 27575, Nov. 8, 2016>
(2) A Need Assessment Committee shall have one secretary to conduct its administrative affairs, who shall be appointed by the chairperson, from among the NHIS' employees.
 Article 21 (Subcommittees of Need Assessment Committee)
(1) A Need Assessment Committee may establish subcommittees to conduct its affairs efficiently.
(2) A subcommittee shall deliberate on and manage matters delegated by the Need Assessment Committee.
(3) Matters necessary for the composition and operation of subcommittees shall be prescribed 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 21-2 (Exclusion, Challenge, or Avoidance of Members of Need Assessment Committee)
(1) In any of the following cases, a member of a Need Assessment Committee shall be excluded from proceedings of deliberation and resolution on a case on the agenda:
1. If the committee member or the person who is or was the spouse of the committee member is a party to the case on the agenda or a joint right-holder or joint obligor with a party to the case on the agenda;
2. If the committee member is or was a relative of a party to the case on the agenda;
3. If the committee member has made a testimony or a statement, provided advise or research service or any other service, or served as an appraiser for the case on the agenda;
4. If the committee member or the corporation to which the committee member belongs is or was the representative of a party to the case on the agenda.
(2) If a party has a ground to exclude a committee member under any subparagraph of paragraph (1) or has reason to believe that the party can hardly expect impartiality from the committee member in deliberation and resolution, the party may file a challenge against the committee member with the Need Assessment Committee, and the Committee shall make a decision thereon by resolution. In such cases, the committee member against whom the challenge is filed shall not participate in the resolution proceeding.
(3) If a committee member falls within any of the exclusion cases under paragraph (1), he/she shall voluntarily avoid participating in proceedings of deliberation and resolution on the relevant case on the agenda.
[This Article Newly Inserted by Presidential Decree No. 27575, Nov. 8, 2016]
 Article 21-3 (Dismissal of Members of Need Assessment Committee)
(1) In any of the following cases, the President of the NHIS may dismiss a member of the Need Assessment Committee from office:
1. If a committee member is unable to perform his/her duties due to a mental disorder;
2. If a committee member is found to have committed a misdeed in connection with his/her duties;
3. If a committee member is found incompetent for the office by reason of dereliction of duty, injury to dignity, or on any other ground;
4. If a committee member does not voluntarily avoid participating in proceedings, although he/she falls under the case specified in any subparagraph of Article 21-2 (1);
5. If a committee member voluntarily manifests that he/she has difficulties in performing his/her duties.
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, who recommended a person as a committee member pursuant to the latter part of the main sentence of Article 52 (4) of the Act, may withdraw the recommendation in any of the cases referred to in paragraph (1).
[This Article Newly Inserted by Presidential Decree No. 27575, Nov. 8, 2016]
 Article 22 (Period for Making Decision on Objections)
(1) Upon receipt of an objection raised under Article 55 (1) of the Act, the NHIS shall make a decision thereon within 60 days from the receipt of the objection: Provided, That the period for making a decision may be extended by up to 30 days, if an inevitable event necessitates such extension.
(2) When the NHIS extends the period for making a decision pursuant to the proviso to paragraph (1), it shall notify the person who has raised the objection of the reason for extension and the extended period.
 Article 23 (Composition, etc. of Long-Term Care Review Committee)
(1) The committee for the long-term care review committee established within the NHIS pursuant to Article 55 (3) of the Act (hereinafter referred to as the "review committee") shall be comprised of not more than 50 members, including one chairperson.
(2) The chairperson of the review committee shall be appointed by the President of the NHIS from among the NHIS' standing directors responsible for long-term care programs, while committee members shall be commissioned or appointed by the President of the NHIS from among the following persons:
1. A medical doctor, dentist, or oriental medical doctor under the Medical Service Act, or a registered nurse with at least ten years’ work experience;
2. A social worker as defined in the Social Welfare Services Act with at least ten years’ work experience;
3. An executive or employee of the NHIS, who is in charge of the long-term care insurance for older persons;
4. Other persons who have abundant knowledge and experience relating to law or long-term care.
(3) The term of office of a member of the review committee shall be three years but may be renewed consecutively only once: Provided, That the term of office of a committee member appointed from among employees of the NHIS shall correspond to his/her period of service as an employee. <Amended by Presidential Decree No. 27575, Nov. 8, 2016>
 Article 24 (Operation, etc. of Review Committee)
(1) A meeting of the review committee shall be comprised of seven members in total, including the chairperson and six members designated by the chairperson whenever a meeting is held, but at least one person referred to in each subparagraph of Article 23 (2) shall be included therein. <Amended by Presidential Decree No. 20814, Jun. 11, 2008>
(2) A meeting of the review committee shall be duly formed with a majority of incumbent members present and shall adopt a resolution by affirmative votes of a majority of the members present at the meeting.
(3) The review committee shall have one secretary to conduct its administrative affairs, who shall be appointed by the chairperson from among the NHIS' employees.
(4) Except as otherwise expressly provided for in this Decree, matters necessary for the operation of the review committee shall be determined by the chairperson, subject to resolution by the review committee.
 Article 24-2 (Exclusion, Challenge, or Avoidance of Members of Review Committee)
(1) In any of the following cases, a member of the review committee shall be excluded from proceedings of deliberation and resolution on a case on the agenda:
1. If the committee member or the person who is or was the spouse of the committee member is a party to the case on the agenda or a joint right-holder or joint obligor with a party to the case on the agenda;
2. If the committee member is or was a relative of a party to the case on the agenda;
3. If the committee member has made a testimony or a statement, provided advise or research service and any other service, or served as an appraiser for the case on the agenda;
4. If the committee member or the corporation to which the committee member belongs is or was the representative of a party to the case on the agenda.
(2) If a party to the case on the agenda has a ground to exclude a committee member under any subparagraph of paragraph (1) or has reason to believe that the party can hardly expect impartiality from the committee member in deliberation and resolution, the party may file a challenge against the committee member with the review committee, and the review committee shall make a decision thereon by resolution. In such cases, the committee member against whom the challenge is filed shall not participate in the resolution proceeding.
(3) If a committee member falls within any of the exclusion cases under paragraph (1), he/she shall voluntarily avoid participating in proceedings of deliberation and resolution on the relevant case on the agenda.
[This Article Newly Inserted by Presidential Decree No. 27575, Nov. 8, 2016]
 Article 24-3 (Dismissal of Members of Review Committee)
In any of the following cases, the President of the NHIS may dismiss a member of the review committee from office:
1. If a committee member is unable to perform his/her duties due to a mental disorder;
2. If a committee member is found to have committed irregularities in connection with his/her duties;
3. If a committee member is found incompetent for the office by reason of dereliction of duty, injury to dignity, or on any other ground;
4. If a committee member does not voluntarily avoid participating in proceedings, although he/she falls under the case specified in any subparagraph of Article 24-2 (1);
5. If a committee member voluntarily manifests that he/she has difficulties in performing his/her duties.
[This Article Newly Inserted by Presidential Decree No. 27575, Nov. 8, 2016]
 Article 25 (Composition, etc. of Long-Term Care Adjudication Committee)
(1) The chairperson of the long-term care adjudication committee under Article 56 (1) of the Act (hereinafter referred to as the "adjudication committee") shall be appointed by the Minister of Health and Welfare from among public officials of the Ministry of Health and Welfare who are in the Senior Executive Service Corps. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) Members of the adjudication committee shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. A Grade-IV or higher-ranking public official of the Ministry of Health and Welfare or a public official in the Senior Executive Service Corps;
2. A judge, public prosecutor, or licensed attorney-at-law;
3. A person who serves as an adjunct or higher professor in the field of social insurance or medical services in a university;
4. Other persons who have abundant knowledge and experience relating to law, social insurance, or medical services.
(3) The term of office of a member of the adjudication committee shall be three years but may be renewed consecutively only once: Provided, That the term of office of a committee member appointed from among public officials shall correspond to his/her period of service as a public official. <Amended by Presidential Decree No. 27575, Nov. 8, 2016>
 Article 25-2 (Disqualification, Challenge, or Refrainment of Members of Adjudication Committee)
(1) In any of the following cases, a member of the adjudication committee shall be disqualified from proceedings of deliberation and resolution on a case on the agenda:
1. If the committee member or the person who is or was the spouse of the committee member is a party to the case on the agenda or a joint right-holder or joint obligor with a party to the case on the agenda;
2. If the committee member is or was a relative of a party to the case on the agenda;
3. If the committee member has made a testimony or a statement, provided advise or research service or any other service, or served as an appraiser for the case on the agenda;
4. If the committee member or the corporation to which the committee member belongs is or was the representative of a party to the case on the agenda.
(2) If a party has reason to believe that the party can hardly expect impartiality from the committee member in deliberation and resolution, the party may file a challenge against the committee member with the adjudication committee, and the adjudication committee shall make a decision thereon by resolution. In such cases, the committee member against whom the challenge is filed shall not participate in the resolution proceeding.
(3) If a committee member falls under any of the exclusion cases under paragraph (1), he/she shall voluntarily refrain from participating in proceedings of deliberation and resolution on the relevant case on the agenda.
[This Article Newly Inserted by Presidential Decree No. 27575, Nov. 8, 2016]
 Article 25-3 (Removal or Dismissal of Members of Adjudication Committee)
In any of the following cases, the Minister of Health and Welfare may remove or dismiss a member of the adjudication committee under Article 25 (2) of the Act from office: <Amended by Presidential Decree No. 27575, Nov. 8, 2016>
1. If a committee member is unable to perform his/her duties due to a mental disorder;
2. If a committee member is found to have committed irregularities in connection with his/her duties;
3. If a committee member is found incompetent for the office of a committee member by reason of dereliction of duty, injury to dignity, or on any other ground;
4. If a committee member does not voluntarily avoid participating in proceedings, although he/she falls under the case specified in any subparagraph of Article 25-2 (1);
5. If a committee member voluntarily manifests that he/she has difficulties in performing his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015]
 Article 26 (Meetings of Adjudication Committee)
(1) The chairperson of the adjudication committee shall convene and preside over the meeting.
(2) If the chairperson is unable to perform his/her duties due to extenuating circumstances, the member appointed by the chairperson shall act on his/her behalf.
(3) A meeting of the adjudication committee shall be duly formed with a majority of incumbent members present and shall adopt a resolution by affirmative votes of a majority of the members present at the meeting.
(4) The adjudication committee shall have one administrative secretary to conduct its administrative affairs, who shall be appointed by the chairperson from among public officials of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(5) Except as otherwise expressly provided for in this Decree, matters necessary for the operation of the adjudication committee shall be determined by the chairperson, subject to resolution by the adjudication committee.
 Article 27 (Period for Making Decision on Application for Review)
(1) Upon receipt of an application for review filed pursuant to Article 56 (1) of the Act, the adjudication committee shall make a decision thereon within 60 days of receipt of the application: Provided, That the period for making a decision may be extended by up to 30 days, if an inevitable event necessitates such extension.
(2) When the adjudication committee extends the period for making a decision pursuant to the proviso to paragraph (1), it shall notify the person who has filed the application for examination of the reason for extension and the extended period.
 Article 28 (Subsidy by State and Local Governments)
(1) Expenses incurred in relation to medical aid beneficiaries under Article 58 (2) of the Act shall be borne by the State and local governments in accordance with the following guidelines: <Amended by Presidential Decree No. 22001, Jan. 26, 2010; Presidential Decree No. 23264, Oct. 26, 2011; Presidential Decree No. 26805, Dec. 30, 2015>
1. Deleted; <by Presidential Decree No. 26805, Dec. 30, 2015>
1-2. Expenses incurred in relation to the recipients of medical benefits under Article 3 (1) 1 of the Medical Care Assistance Act: Such expenses shall be borne by each local government;
2. Expenses incurred in relation to recipients of medical benefits under any provision other than Article 3 (1) 1 of the Medical Care Assistance Act: Such expenses shall be borne as follows:
(a) Apportionment to the State: An amount calculated at the standard subsidization rate specified in attached Table 1 of the Enforcement Decree of the Subsidy Management Act for beneficiaries entitled to basic living security;
(b) Apportionment to a local government: The remainder of expenses after deducting the apportionment to the State.
(2) The Mayor of a Special Metropolitan City, the Mayor of a Metropolitan City, the Special Self-Governing City Mayor, a Do Governor, or Special Self-Governing Province Governor shall pay an estimated amount of expenses incurred in relation to benefits prescribed by the Minister of Health and Welfare to the NHIS to cover expenses under paragraph (1). <Amended by Presidential Decree No. 21924, Dec. 30, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 25163, Feb. 11, 2014>
(3) Procedures for and methods of paying an estimated amount of expenses for benefits under paragraph (2) shall be determined and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Newly Inserted by Presidential Decree No. 20814, Jun. 11, 2008]
[Pursuant to Article 2 of the Addenda to Presidential Decree No. 22001 (Jan. 26, 2010), this Article shall be effective until December 31, 2014]
 Article 28-2 (Processing of Sensitive Information and Personally Identifiable Information)
The State (including each person to whom the Minister of Health and Welfare delegates or entrusts his/her authority pursuant to Article 111 of the National Health Insurance Act, applied mutatis mutandis under Article 64 of the Act), the head of a local government (including each person to whom the relevant authority is delegated or entrusted), or the NHIS (including each person to whom the NHIS' affairs are entrusted pursuant to Article 112 of the National Health Insurance Act, applied mutatis mutandis pursuant to Article 64 of the Act) may process health-related information under Article 23 of the Personal Information Protection Act, information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the aforesaid Act, or data containing a resident registration number or alien registration number under Article 19 of the aforesaid Decree, in extenuating circumstances to conduct the following administrative affairs: <Amended by Presidential Decree No. 24077, Aug. 31, 2012; Presidential Decree No. 27575, Nov. 8, 2016; Presidential Decree No. 27960, Mar. 27, 2017>
1. Services for preventing geriatric diseases under Article 4 of the Act;
1-2. Applying for approval for long-term care under Articles 13 and 20 through 22 of the Act;
1-3. Providing long-term care benefits under Articles 23 and 27 of the Act;
1-4. Paying family care benefits under Article 24 of the Act;
2. Designating long-term care institutions under Article 31 of the Act;
3. Reporting on the establishment of a long-term care institution for home care under Article 32 of the Act;
4. Reporting on any change in a long-term care institution for home care under Article 33 of the Act;
4-2. Issuing a statement of expenses for long-term care benefits by the head of a long-term care institution under Article 35-3;
5. Reporting on permanent closure or suspension of a long-term care institution or a long-term care institution for home care under Article 36 of the Act;
6. Administrative dispositions, such as revocation of designation of a long-term care institution for home care under Article 37 of the Act;
6-2. Imposing penalty surcharges under Article 37-2 of the Act;
6-3. Disclosing violations, etc. under Article 37-3 of the Act;
6-4. Succeeding effects of administrative sanctions under Article 37-4 of the Act;
6-5. Restricting the provision of long-term care benefits under Article 37-5 of the Act;
6-6. Claiming and reimbursing expenses for home care or institutional care benefits under Article 38 of the Act;
6-7. Calculating expenses for issuing written instructions for home visit nursing under Article 42 of the Act;
7. Business affairs of the NHIS under Article 48 (2) of the Act;
8. Raising objections pursuant to Article 55 of the Act;
9. Applications for examination filed pursuant to Article 56 of the Act;
10. Administrative litigation under Article 57 of the Act;
11. Reporting, inspections, etc. under Article 61 of the Act;
12. Hearings under Article 63 of the Act;
13. Paying monetary rewards under Article 104 of the National Health Insurance Act, applied mutatis mutandis under Article 64 of the Act;
14. Designating education institutions under Article 11 (1) 3 (b).
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 28-3 (Review of Regulations)
The Minister of Health and Welfare shall review the validity on the effective period of approval for long-term care under Article 8 every three years (referring to a period before January 1 of the year when every three years elapse) on the basis of January 1, 2014 and take measures, such as making improvements.
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 29 (Standards for Imposition of Administrative Fines)
Guidelines for the imposition of administrative fines under Article 69 of the Act shall be as prescribed in attached Table 3.
[This Article Wholly Amended by Presidential Decree No. 21225, Dec. 31, 2008]
ADDENDUM
This Decree shall enter into force on October 1, 2007: Provided, That Articles 7 and 8 shall enter into force on July 1, 2008.
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. 20814, Jun. 11, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That Articles 4, 5, 12, 13, and 28 shall enter into force on July 1, 2008.
Article 2 (Period of Validity)
The amended provisions of Article 28 (1) 1 shall be valid until December 31, 2009.
ADDENDUM <Presidential Decree No. 21225, Dec. 31, 2008>
This Decree shall enter into force on January 1, 2009.
ADDENDUM <Presidential Decree No. 21619, Jul. 7, 2009>
This Decree shall enter into force on September 19, 2009.
ADDENDUM <Presidential Decree No. 21924, Dec. 30, 2009>
This Decree shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 22001, Jan. 26, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Application and Period of Validity)
The amended provisions of Article 28 (1) 1 shall enter into force on January 1, 2010 but shall be valid until December 31, 2014.
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. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22906, Apr. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23125, Sep. 6, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23264, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 and 3 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. 23867, Jun. 21, 2012>
This Decree shall enter into force on July 1, 2012.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 24565, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013.
Article 2 (Applicability to Effective Period of Approval for Long-Term Care)
The amended provisions of Article 8 (1) shall begin to apply from cases where approval for long-term care is renewed after this Decree enters into force, and where a person is determined as a patient with a rating identical to the preceding one after renewal of approval for long-term care.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25163, Feb. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 14, 2014.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) When penalty provisions are applied to offenses committed before this Decree enters into force, the former provisions shall govern, notwithstanding the amended provisions of attached Table 3.
(2) The imposition of administrative fines due to offenses referred to in subparagraph 2 (g) ii) through iv) of attached Table 3 before this Decree enters into force shall be disregarded for the purpose of calculating the frequency of offenses under the amended provision of subparagraph 2 (h) ii) of attached Table 3.
ADDENDA <Presidential Decree No. 25401, Jun. 25, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2014.
Article 2 (Transitional Measures concerning Alteration of Standards for Need Assessment)
The amended provisions of Article 7 (1) 3 through 5 shall also apply to a person who has applied for approval for long-term care under Article 13 (1) of the Act before this Decree enters into force and on whom procedures for rating is in progress.
Article 3 (Transitional Measures concerning Standards for Need Assessment)
(1) Among recipients rated as long-term care Rating-III pursuant to the former provisions as at the time this Decree enters into force, a recipient who scores at least 60 but less than 75 points for approval for long-term care shall be deemed a recipient rated as long-term care Rating-III under the amended provision of Article 7 (1) 3, and a recipient who scores at least 51 but less than 60 points for approval for long-term care shall be deemed a recipient rated as long-term care Rating-IV under the amended provision of Article 7 (1) 4, respectively.
(2) The effective period of approval for long-term care of recipients rated as long-term care Rating-III and long-term care Rating-IV pursuant to paragraph (1) shall be the remaining period of the effective period of approval for long-term care rated as long-term care Rating-III pursuant to the former provisions.
ADDENDUM <Presidential Decree No. 26805, Dec. 30, 2015>
This Decree shall enter into force on January 1, 2016.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27575, Nov. 8, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017: Provided, That the amended provisions of Article 9 and subparagraph 2 (d) and (i) shall enter into force on December 30, 2015, and the amended provisions of Article 18-2 shall enter into force on November 30, 2016.
Article 2 (Transitional Measures concerning Effective Period of Approval for Long-Term Care)
Notwithstanding the amended provisions of Article 8 (1), former provisions shall apply to the beneficiaries who had their effective periods of long-term care renewed before this Decree enters into force.
Article 3 (Transitional Measures concerning Renewal of Term of Office of Members of Review Committee and Adjudication Committee)
For the purpose of applying the amended provisions of the main sentence of Article 23 (3) or of the main sentence of Article 25 (3) to a member of the review committee or the adjudication committee at the time this Act enters into force, the term of office of the committee member at the time this Decree enters into force shall be deemed his/her initial term of office.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Presidential Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28072, May 29, 2017>
This Presidential Decree shall enter into force on June 3, 2017.
ADDENDUM <Presidential Decree No. 28496, Dec. 26, 2017>
This Presidential Decree shall enter into force on January 1, 2018.