The purpose of this Decree is to prescribe matters necessary for the establishment, operation, and designation of medical treatment and protection facilities under Article 40 of the Narcotics Control Act, tests for narcotic addiction, medical treatment and protection of narcotic addicts, and the organization, operation, duties, etc. of the Medical Treatment and Protection Examination Committee. <Amended on Jun. 7, 2012>
The terms used in this Decree are defined as follows: <Amended on Jun. 7, 2012>
| 1. | The term "narcotics" means narcotic drugs defined in subparagraph 2 of Article 2 of the Narcotics Control Act (hereinafter referred to as the "Act"), psychotropic substances defined in subparagraph 3 of that Article, and cannabis defined in subparagraph 4 of that Article; |
| 2. | The term "narcotic addict" means a person who abuses narcotics and is physically or mentally dependent on narcotics. |
| Article 3 (Establishment and designation of medical treatment and protection facilities) |
| (1) | The Minister of Health and Welfare may establish and operate a specialized medical treatment facility as a medical treatment and protection facility or designate a national mental hospital as a medical treatment and protection facility in order to perform tests for narcotic addiction (hereinafter referred to as "test for narcotic addiction") and provide narcotic addicts with medical treatment and protection. <Amended on Mar. 15, 2010> |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may establish and operate a specialized medical treatment facility as a medical treatment and protection facility, or may designate a public hospital or any other medical institution equipped with the following facilities, equipment, and human resources, among medical institutions under the Medical Service Act, as a medical treatment and protection facility, in order to conduct tests for narcotic addiction of users of narcotics and provide medical treatment and protection to narcotic addicts. <Amended on Nov. 23, 2011; Apr. 19, 2022; Dec. 26, 2023> |
| 1. | Equipment capable of analyzing biometric samples necessary for tests for narcotic addiction, such as urine and hair samples; |
| 3. | Other appurtenant facilities and equipment necessary for medical treatment of narcotic addicts. |
| (3) | If a Mayor/Do Governor establishes or designates a medical treatment and protection facility pursuant to paragraph (2), he or she shall notify the Minister of Health and Welfare thereof. <Amended on Mar. 15, 2010; Nov. 16, 2023> |
| Article 4 (Establishment of Medical Treatment and Protection Examination Committee) |
A Central Medical Treatment and Protection Examination Committee (hereinafter referred to as the "Central Committee") shall be established within the Ministry of Health and Welfare pursuant to Article 40 (4) of the Act, and a Regional Medical Treatment and Protection Examination Committee (hereinafter referred to as "Regional Committee") shall be established within the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"). <Amended on Mar. 15, 2010; Apr. 19, 2022>
| Article 5 (Functions of each committee) |
| (1) | The Central Committee shall deliberate on the following matters: <Amended on Mar. 15, 2010; Apr. 19, 2022> |
| 1. | The basic direction for the medical treatment and protection of narcotic addicts; |
| 2. | Standards on tests for narcotic addiction; |
| 3. | Medical treatment and protection and tests for narcotic addiction at medical treatment and protection facilities under Article 3 (1); |
| 4. | The commencement and termination of medical treatment and protection of narcotic addicts and the extension of medical treatment and protection period; |
| 5. | Other matters referred by the Minister of Health and Welfare to the Central Committee for deliberation with respect to the medical treatment and protection of narcotic addicts and tests for narcotic addiction. |
| (2) | A Regional Committee shall deliberate on the following matters: <Amended on Apr. 19, 2022> |
| 1. | Medical treatment and protection and tests for narcotic addiction at medical treatment and protection facilities under Article 3 (2); |
| 2. | The commencement and termination of medical treatment and protection of narcotic addicts and extension of medical treatment and protection period; |
| 3. | Other matters referred by the Mayor/Do Governor to the Regional Committee with respect to the medical treatment and protection of narcotics addicts and tests for narcotic addiction. |
| Article 6 (Composition of Central Committee and Regional Committees) |
| (1) | The Central Committee and a Regional Committee shall be composed of up to 7 members, including 1 chairperson, respectively, in consideration of gender. <Amended on Apr. 19, 2022> |
| (2) | The chairperson of a committee shall be the head of a medical treatment and protection facility (the head of a medical treatment and protection facility designated by the Minister of Health and Welfare or the Mayor/Do Governor, if there are 2 or more treatment and protection facilities). <Amended on March 15, 2010> |
| (3) | Members of the Central Committee shall be appointed or commissioned by the Minister of Health and Welfare upon the recommendation of the Chairperson of the Central Committee from among the following persons: <Amended on Mar. 15, 2010; Nov. 23, 2011; Apr. 19, 2022> |
| 1. | Public officials of Grade IV or higher belonging to the Ministry of Health and Welfare who are in charge of improving mental health; |
| 2. | Judges, public prosecutors, attorneys-at-law, psychiatrists, medical specialists, and persons who have knowledge and experience in the treatment of narcotic addicts; |
| (4) | Members of a Regional Committee shall be appointed or commissioned by the Mayor/Do Governor upon the recommendation of the chairperson of the competent Regional Committee, from among public officials of Grade IV or higher belonging to the competent City/Do who are in charge of improving mental health and persons prescribed in paragraph (3) 2 and 3. <Amended on Apr. 19, 2022> |
| (5) | The term of office of commissioned members of a committee shall be 2 years, and they may be reappointed. |
| (6) | If a commissioned member of a committee falls under any of the following subparagraphs, the Minister of Health and Welfare or the Mayor/Do Governor may dismiss the relevant member: <Newly Inserted on May 10, 2016> |
| 1. | Where he or she becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | Where he or she engages in any misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed inappropriate as a member due to neglect of duty, injury to dignity or other grounds; |
| 4. | Where he or she voluntarily declares that it is impracticable for him or her to perform his or her duties. |
| (7) | A committee shall have 1 executive secretary to handle the business affairs of the Committee, and the executive secretary of the Central Committee shall be appointed by the Minister of Health and Welfare from among public officials belonging to the Ministry of Health and Welfare, and the secretary of a Regional Committee shall be appointed by the competent Mayor/Do Governor from among public officials belonging to the relevant City/Do. <Amended on Mar. 15, 2010; May 10, 2016> |
| Article 7 (Meetings of Central Committee and Regional Committees) |
| (1) | The chairperson of a committee shall convene and preside over meetings of the committee, if necessary to perform the functions of the committee. |
| (2) | A majority of the members of a committee shall constitute a quorum, and any resolution thereof shall require the concurring votes of a majority of those present. |
| (3) | A committee shall prepare and keep the minutes (minutes in attached Form 1 in cases of matters regarding the medical treatment and protection of a specific person or tests for narcotic addiction), and the members present at the committee shall sign them. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the operation of a committee shall be determined by the chairperson of the committee following a resolution by the committee. |
| Article 8 (Allowances for members) |
Members who attend a meeting of a committee may be paid allowances and travel expenses within the budget; provided, this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties.
| Article 9 (Tests for narcotic addiction and request for medical treatment and protection) |
| (1) | If a public prosecutor deems it necessary to provide medical treatment and protection to a narcotic addict or a person suspected to be a narcotic addict (hereinafter referred to as "narcotic addict, etc.") or to determine whether a person is addicted to narcotics, he or she shall request the head of a medical treatment and protection facility to conduct a test for narcotic addiction or to provide medical treatment and protection for the narcotic addict, etc. and shall notify the Minister of Health and Welfare or the Mayor/Do Governor having jurisdiction over the relevant medical treatment and protection facility of such fact. <Amended on Mar. 15, 2010; Apr. 19, 2022> |
| (2) | When the head of a correctional facility (including a correctional institution, juvenile correctional institution, detention center, jail, or juvenile reformatory) releases a narcotic addict, etc., he or she shall notify the Mayor/Do Governor having jurisdiction over the place of residence of the narcotic addict, etc. of such fact, and inform the narcotic addict, etc. of matters regarding a test for narcotic addiction and medical treatment and protection. <Amended on Apr. 19, 2022> |
| (3) | the narcotic addict, etc. himself or herself, his or her spouse, lineal ascendants, or legal representatives may file an application for a test for narcotic addiction or medical treatment and protection with the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a medical treatment and protection facility. <Amended on Mar. 15, 2010; Apr. 19, 2022> |
| (4) | Requests for, notification of, and applications for tests for narcotic addiction or medical treatment and protection under paragraphs (1) through (3) shall be made in attached Form 2. <Amended on April 19, 2022> |
[Title Amended on Apr. 19, 2022]
| Article 10 (Tests for narcotic addiction and medical treatment and protection) |
| (1) | Upon receipt of a request for a test for narcotic addiction or a request for or notice of medical treatment and protection under Article 9 (1) through (3), the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a medical treatment and protection facility shall have the narcotic addict, etc. receive a test for narcotic addiction or medical treatment and protection without delay. <Amended on Mar. 15, 2010; Apr. 19, 2022> |
| (2) | If the Minister of Health and Welfare or the Mayor/Do Governor intends to have a narcotic addict, etc. receive a test for narcotic addiction or medical treatment and protection pursuant to paragraph (1), the Minister of Health and Welfare or the Mayor/Do Governor shall undergo deliberation by the relevant committee, and the head of a medical treatment and protection facility shall request the Minister of Health and Welfare or the Mayor/Do Governor having jurisdiction over the relevant medical treatment and protection facility to undergo deliberation by the relevant committee; provided, if it is deemed impracticable to undergo a prior deliberation by the relevant committee due to unavoidable circumstances, the Minister of Health and Welfare or the Mayor/Do Governor shall undergo deliberation by the relevant committee without delay after having the narcotic addict, etc. to receive a test for narcotic addiction or medical treatment and protection. <Amended on Mar. 15, 2010; Apr. 19, 2022> |
| (3) | If a narcotic addict, etc. is undergoing a test for narcotic addiction or medical treatment and protection pursuant to paragraphs (1) and (2), the head of a medical treatment and protection facility shall, without delay, notify the following persons of the date, time, place, and grounds for such test for narcotic addiction or medical treatment and protection in attached Form 3, and shall report thereon to the Minister of Health and Welfare or the Mayor/Do Governor having jurisdiction over the relevant medical treatment and protection facility: <Amended on Mar. 15, 2010; Apr. 19, 2022> |
| 1. | Where the spouse, lineal ascendant or legal representative of a narcotic addict, etc. has applied for a test for narcotic addiction or medical treatment and protection under Article 9 (3): A person who has applied for a test for narcotic addiction or medical treatment and protection; |
| 2. | In cases other than those referred to in subparagraph 1: Persons in the following relationships with the narcotic addict, etc.; in such cases, it shall be notified to the next-ranking person only when there is no higher ranking person exists in the following order: |
| (c) | Lineal ascendants other than parents; |
| (d) | A legal representative. |
| (4) | If a committee decides not to treat and protect a narcotic addict, etc. according to deliberation by the committee under paragraph (2), expenses incurred in treating and protecting a narcotic addict, etc. in a medical treatment and protection facility before undergoing deliberation by the relevant committee shall be borne by the State and the relevant City/Do. <Amended on Apr. 19, 2022; Dec. 26, 2023> |
[Title Amended on Apr. 19, 2022]
| Article 11 (Standards on tests for narcotic addiction) |
| (1) | If the head of a medical treatment and protection facility conducts a test for narcotic addiction pursuant to Article 10 (1), he or she shall comply with the following standards: <Amended on Nov. 23, 2011; Apr. 19, 2022; Dec. 26, 2023> |
| 1. | Whether narcotics are detected in urine or hair tests, etc.; |
| 2. | Where it is determined that narcotics are pathologically used thereby affecting daily life or that there are withdrawal symptoms or physical or mental dependence symptoms, according to counseling and psychological examination by a psychiatrist. |
| (2) | Notwithstanding Article 10 (1), if a person suspected to be a narcotic addict is confirmed to be a narcotic addict based on a medical certificate issued by a psychiatrist at a medical institution other than the relevant treatment and protection facility, the head of the relevant medical treatment and protection facility may omit a test for narcotic addiction. <Newly Inserted on Apr. 19, 2022> |
| Article 12 (Reporting on results of tests for narcotic addiction) |
| (1) | The head of a medical treatment and protection facility shall report the results of a test for narcotic addiction conducted pursuant to Articles 10 (1) and 11 (1) to the Minister of Health and Welfare or the Mayor/Do Governor having jurisdiction over the medical treatment and protection facility in attached Form 4 within 7 days, and the Mayor/Do Governor in receipt of such report shall notify the Minister of Health and Welfare without delay. <Amended on Mar. 15, 2010; Apr. 19, 2022; Dec. 26, 2023> |
| (2) | If the head of a medical treatment and protection facility conducts a test for narcotic addiction in accordance with a request for such test under Article 9 (1), he or she shall also notify the relevant public prosecutor of the test results in attached Form 4. <Amended on Apr. 19, 2022> |
| Article 13 (Provision of medical treatment and protection) |
Pursuant to Article 40 (2) of the Act, the Minister of Health and Welfare or a Mayor/Do Governor shall, without delay, require a person who is found to be a narcotic addict according to a test for narcotic addiction conducted pursuant to Articles 10 (1) and 11 (1) to receive medical treatment and protection within a specified medical treatment and protection period after deliberation by the relevant committee, and the Mayor/Do Governor shall notify the Minister of Health and Welfare of such fact without delay. <Amended on Mar. 15, 2010; Apr. 19, 2022; Dec. 26, 2023> [Title Amended on Dec. 26, 2023]
| Article 14 (Treatment of narcotic addicts) |
The head of a medical treatment and protection facility shall provide medical treatment to narcotic addicts to cure their symptoms of addiction.
| Article 15 (Special cases concerning medical treatment and protection of serious narcotic addicts) |
| (1) | If a Mayor/Do Governor deems that a serious narcotic addict needs medical treatment and protection for at least 2 months, he or she may file a request with the Minister of Health and Welfare so that the drug addict can receive medical treatment and protection at a medical treatment and protection facility under Article 3 (1). <Amended on Apr. 19, 2022> |
| (2) | Upon receipt of a request under paragraph (1), the Minister of Health and Welfare may require a serious narcotic addict to receive medical treatment and protection at a medical treatment and protection facility under Article 3 (1). In such cases, the Minister of Health and Welfare need not undergo deliberation by the Central Committee on the matters referred to in Article 5 (1) 3. <Newly Inserted on Apr. 19, 2022> |
| (3) | If it is deemed inappropriate to treat a serious narcotic addict at a medical treatment and protection facility under Article 3 (1) in light of the number of beds and medical personnel of the facility and the symptoms, etc. of the severe narcotic addict to be hospitalized, the Minister of Health and Welfare in receipt of a request under paragraph (1) may request the Mayor/Do Governor having jurisdiction over the medical treatment and protection facility to provide medical treatment and protection at a medical treatment and protection facility under Article 3 (2). <Amended on Mar. 15, 2010; Apr. 19, 2022> |
| (4) | A Mayor/Do Governor in receipt of a request under paragraph (3) shall not refuse such request without good cause, and may have a severe narcotic addict receive medical treatment and protection at a medical treatment and protection facility under Article 3 (2) without undergoing deliberation by the competent Regional Committee on the matters referred to in Article 5 (2) 1. <Newly Inserted on Apr. 19, 2022> |
| Article 16 (Extension of medical treatment and protection period) |
| (1) | If the head of a medical treatment and protection facility deems that a narcotic addict needs to continue to receive medical treatment and protection beyond the medical treatment and protection period under Article 13, he or she shall report the grounds therefor and the extended period to the Minister of Health and Welfare or the Mayor/Do Governor in attached Form 5 not later than 10 days before the expiration of the medical treatment and protection period. <Amended on Mar. 15, 2010; Apr. 19, 2022> |
| (2) | Upon receipt of a report under paragraph (1), the Minister of Health and Welfare or the Mayor/Do Governor may extend the medical treatment and protection period for a narcotic addict by up to 2 months each time after deliberation by the relevant committee. The aggregate medical treatment and protection period in such cases shall not exceed 12 months. <Amended on Mar. 15, 2010> |
| (3) | The period during which a narcotic addict, etc. is medically treated and protected before undergoing deliberation by a committee pursuant to the proviso of Article 10 (2) shall not be included in the aggregate medical treatment and protection period under the latter part of paragraph (2). <Amended on Apr. 19, 2022> |
| (4) | If the treatment and protection period of a narcotic addict is extended pursuant to paragraph (2), the fact shall be notified to the person subject to notification under Article 10 (3). |
| Article 17 (Reporting on medical treatment status) |
| (1) | The head of a medical treatment and protection facility shall report the status of medical treatment of a narcotic addict in attached Form 6 to the Minister of Health and Welfare or the competent Mayor/Do Governor not later than 10 days before the expiration of the medical treatment and protection period under Article 13 (if the medical treatment and protection period is extended pursuant to Article 16, referring to the extended period; hereafter the same shall apply in this Article and Article 18). The same shall also apply where the head of a medical treatment and protection facility deems that a narcotic addict has been completely cured before the expiration of the medical treatment and protection period. <Amended on Mar. 15, 2010> |
| (2) | The head of a medical treatment and protection facility shall notify a public prosecutor of the medical treatment status of a person who has been provided with medical treatment and protection at the request of the public prosecutor under Article 9 (1) no later than 10 days before the expiration of the medical treatment and protection period. <Amended on Apr. 19, 2022> |
| Article 18 (Termination of medical treatment and protection) |
| (1) | If a person receiving medical treatment and protection falls under any of the following cases, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a medical treatment and protection facility shall terminate medical treatment and protection without delay: <Amended on Mar. 15, 2010; Apr. 19, 2022> |
| 1. | Where it is found that the person is not a narcotic addict according to a test for narcotic addiction; |
| 2. | Where the medical treatment and protection period expires; |
| 3. | Where a report is filed pursuant to the latter part of Article 17 (1); |
| 4. | Where the public prosecutor requests the termination of medical treatment and protection. |
| (2) | If the head of a medical treatment and protection facility terminates medical treatment and protection pursuant to paragraph (1), he or she shall report such fact to the Minister of Health and Welfare or the Mayor/Do Governor having jurisdiction over the medical treatment and protection facility, and the Mayor/Do Governor in receipt of such report shall notify the Minister of Health and Welfare thereof without delay. <Newly Inserted on Apr. 19, 2022> |
| (3) | The head of a medical treatment and protection facility may recommend that a person whose medical treatment and protection is terminated on the grounds referred to in paragraph (1) 2 or 4 receive a monthly inspection or counseling at a medical treatment and protection facility for 1 year from the date the medical treatment and protection is terminated. <Amended on Apr. 19, 2022> |
[Title Amended on Apr. 19, 2022]
| Article 19 Deleted. <Dec. 26, 2023> |
ADDENDA <Presidential Decree No. 21030, Sep. 23, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on September 29, 2008.
Article 2 (Transitional measures following change of competent agency)
Any act against or by the Commissioner of the Korea Food and Drug Administration pursuant to the previous provisions as at the time this Decree enters into force shall be deemed an act against or by the Minister of Health, Welfare and Family Affairs pursuant to this Decree.
Article 3 (Transitional measures concerning establishment and designation of medical treatment and protection facilities)
A medical treatment and protection facility or a national psychiatric hospital established and operated or designated by the Commissioner of the Korea Food and Drug Administration pursuant to the previous Article 3 as at the time this Decree enters into force shall be deemed a medical treatment and protection facility or national psychiatric hospital established and operated or designated by the Minister of Health, Welfare and Family Affairs pursuant to the amended provisions of Article 3. Article 4 (Transitional measures concerning establishment of Central Medical Treatment and Protection Examination Committee)
The Central Medical Treatment and Protection Examination Committee established in the Korea Food and Drug Administration pursuant to the previous Article 4 before this Decree enters into force shall be deemed the Central Medical Treatment and Protection Examination Committee established in the Ministry of Health, Welfare and Family Affairs pursuant to the amended provisions of Article 4. Article 5 (Transitional measures concerning members of Central Committee)
| (1) | Members of the Central Committee commissioned by the Commissioner of the Korea Food and Drug Administration pursuant to the previous Article 6 before this Decree enters into force shall be deemed commissioned by the Minister of Health, Welfare and Family Affairs pursuant to the amended provisions of Article 6. |
| (2) | The term of office of a member deemed commissioned by the Minister of Health, Welfare and Family Affairs pursuant to paragraph (1) shall be counted from the date he or she is commissioned by the Commissioner of the Korea Food and Drug Administration pursuant to the previous provisions. |
Article 6 (Transitional measures concerning hospitalization measures and medical treatment and protection orders for narcotic addicts, etc.)
| (1) | Persons who are hospitalized or under deliberation by the Central Committee at the request of the Commissioner of the Korea Food and Drug Administration pursuant to the previous provisions of Article 10 (1) and (2) before this Decree enters into force shall be deemed to have been hospitalized at the request of the Minister of Health, Welfare and Family Affairs under the amended provisions of Article 10 (1) and (2) or under deliberation by the Central Committee under the amended provisions of Article 4. |
| (2) | The medical treatment and protection order issued by the Commissioner of the Korea Food and Drug Administration pursuant to the previous Article 13 before this Decree enters into force shall be deemed a medical treatment and protection order issued by the Minister of Health, Welfare and Family Affairs pursuant to the amended provisions of Article 13. |
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. 23314, Nov. 23, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 23807, May 23, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning revision of Forms)
Forms under the previous provisions as at the time this Decree enters into force may be used together with Forms under this Decree by August 31, 2012.
ADDENDA <Presidential Decree No. 23845, Jun. 7, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on June 8, 2012.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32592, Apr. 19, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning bearing of expenses for medical treatment and protection borne by the State or City/Do)
Notwithstanding the amended provisions of Article 10 (4), expenses incurred in the medical treatment and protection of a narcotic addict, etc., who has received medical treatment and protection at a medical treatment and protection facility before this Decree enters into force or who is under medical treatment and protection at a medical treatment and protection facility as at the time this Decree enters into force, shall be borne by the State or a City/Do for the medical treatment and protection period before undergoing deliberation by the Central Committee or a Regional Committee pursuant to the previous provisions.
ADDENDUM <Presidential Decree No. 33858, Nov. 16, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDA<Presidential Decree No. 34043, Dec. 26, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2024.
Article 2 (Transitional measures concerning standards for designation of medical treatment and protection facilities)
A medical institution designated as a medical treatment and protection facility pursuant to the previous provisions as at the time this Decree enters into force shall be deemed to meet the standards for designation under the amended provisions of the subparagraphs of Article 3 (2); provided, it shall meet the standards for designation under the amended provisions of the subparagraphs of Article 3 (2) within 1 year from the date this Decree enters into force.