ENFORCEMENT DECREE OF THE MEDICAL SERVICE ACT
Wholly Amended by Presidential Decree No. 20292, Sep. 28, 2007
Amended by Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 21148, Dec. 3, 2008
Presidential Decree No. 21428, Apr. 20, 2009
Presidential Decree No. 22003, Jan. 27, 2010
Presidential Decree No. 22075, Mar. 15, 2010
The purpose of this Decree is to prescribe the matters delegated by the
Medical Service Act and the matters necessary for the enforcement thereof.
| Article 2 (Public Health Services of Nurses) |
The term "health activity prescribed by Presidential Decree" in Article 2 (2) 5 of the Medical Service Act (hereinafter referred to as the "Act") means the following public health activities:
<Amended by Presidential Decree No. 21428, Apr. 20, 2009> | 1. | Public health services rendered by a public health care worker under Article 19 of the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc.; |
| 4. | Services determined by other Acts and subordinate statutes as public health services of nurses. |
| Article 3 (Scope of National Examination, etc.) |
| (1) | The national examination for medical doctors, dentists, oriental medical doctors, mid-wives or nurses referred to in Article 9 (1) of the Act (hereinafter "national examination") shall be conducted to test knowledge and skill in medicine, dental medicine, oriental medicine, midwifery, nursing, and public health and medicine-related laws and regulations. |
| (2) | The preliminary examination for doctors, dentists or oriental medical doctors under Article 9 (1) of the Act (hereinafter "preliminary examination") shall be given to test knowledge and skill necessary for a person having qualifications referred to in Article 5 (1) 3 of the Act to apply for the national examination under paragraph (1), and held divided into the first examination and the second examination.
<Amended by Presidential Decree No. 21428, Apr. 20, 2009> |
| (3) | Persons who have passed a preliminary examination shall be exempted from a preliminary examination (including the first and second examinations), starting from the next national examination. |
| Article 4 (Implementation and Public Announcement, etc. of National Examination, etc.) |
| (1) | The Minister of Health and Welfare shall conduct the national examination and preliminary examination (hereinafter referred to as "national examination, etc.") at least once each year.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | The Minister of Health and Welfare shall allow the relevant specialized organization under Article 9 (2) of the Act, which is designated and publicly notified by the Minister of Health and Welfare as having the ability to manage the national examination, etc., and which satisfies the requirements provided for in any of the following subparagraphs (hereinafter "management agency for national examination, etc.") to manage the national examination, etc.:
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | Non-profit organizations in which the Government partially invests for covering expenses incurred in the establishment or operation; |
| 2. | Non-profit organization which is equipped with professional ability obtained through surveys, studies, etc. of national examinations, etc. |
| (3) | Where the head of the management agency for national examination, etc. intends to conduct the national examination, etc., he/she shall obtain approval from the Minister of Health and Welfare in advance, and make public notification of the date of examination, the place of examination, the subjects of examination, the period for the submission of application for examination, and other necessary matters concerning the examination 30 days before the conduct of examination.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 5 (Subjects, etc. of National Examination) |
The subjects of examination, the method of examination, the selection method of successful applicants, and other necessary matters concerning national examination shall be determined by Ministerial Decree of Health and Welfare.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
| Article 6 (Examination Commissioner) |
The head of the management agency for national examination, etc. shall commission examination commissioners, from among persons having professional knowledge in each subject of examination whenever he/she conducts a national examination, etc.
| Article 7 (Application for and Successful Applicant Announcement of National Examination, etc.) |
| (1) | Any person who intends to apply for the national examination, etc. shall submit to the head of the management agency for national examination, etc. the application for examination determined by such head. |
| (2) | The head of the management agency for national examination, etc. shall determine and announce the successful applicants of the national examination, etc. |
| Article 8 (Issuance of License Certificate) |
| (1) | Those who have passed the national examination shall, accompanied by the documents determined by Ministerial Decree of Health and Welfare, apply to the Minister of Health and Welfare for issuing a license certificates after the announcement of successful applicants.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | The license certificates shall be issued according to their classification, as prescribed by Ministerial Decree of Health and Welfare, to those who have applied for the issuance of license certificates under paragraph (1).
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 9 (Request for Cooperation with Relevant Institution, etc.) |
The head of the management agency for national examination, etc. may, where it is deemed necessary to properly carry out the management duties for the national examination, etc., request the Government, local government, or relevant institution or association to provide necessary cooperation, such as providing a place of examination and the supervision of examination.
| Article 10 (Conditions of License) |
| (1) | Under Article 11 (1) of the Act, "specially designated areas" means areas in need of public health and medical services designated by the Minister of Health and Welfare, and "specially designated duties" means the duties of national, public health and medical institutions, and the duties of national, public, private health and medical research institutions in the basic medical science field.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | An allowance shall be paid, within the limit of budget, to medical persons who are employed in specially designated areas or for specially designated duties under Article 11 (1) of the Act. |
| (3) | Necessary matters concerning the implementation method of license conditions and procedures for the order to serve as referred to in Article 11 (1) of the Act shall be determined by Ministerial Decree of Health and Welfare.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (1) | The report concerning the current status and employment status of medical personnel as referred to in
Article 25 of the Act shall be filed, when the head of each central association referred to in
Article 28 of the Act (hereinafter the "head of each central association") deems it necessary to develop the policies for public health and medical service and makes a public announcement of the objective of filing the report and the details of the report.
|
| (2) | The head of each central association shall make the public announcement of paragraph (1), sixty days prior to the beginning of filing of the report, by determining the methods of and procedures for the report and other matters necessary for the report. |
| Article 12 (Application for Permit to Establish Central Association) |
When a person intends to obtain establishment permit of a central association under Article 29 (1) of the Act, he/she shall submit the following documents to the Minister of Health and Welfare:
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> | 1. | Articles of incorporation; |
| 4. | Establishment resolution; |
| 5. | Documents concerning the circumstances of election of the founding representative; |
| 6. | Written consents of inauguration and resumes of the executives. |
| Article 13 (Matters, etc. to be Entered in Articles of Incorporation) |
Matters to be entered in the articles of incorporation of a central association under Article 29 (2) of the Act shall be as follows: | 3. | Seats of the central association, branches, sub-branches; |
| 4. | Property or accounts and other matters concerning management and operation; |
| 5. | Matters concerning the selection of the executives; |
| 6. | Matters concerning qualifications for and disciplinary actions against members; |
| 7. | Matters concerning modification of the articles of incorporation; |
| 8. | Matters concerning the method of public announcement. |
| Article 14 (Application for Permit to Modify Articles of Incorporation) |
When any central association intends to obtain a permit for modification of the articles of incorporation under Article 29 (3) of the Act, it shall submit the following documents to the Minister of Health and Welfare:
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> | 1. | Documents stating the details and reasons of the modification of the articles of incorporation; |
| 2. | Minutes of the meetings concerning the modification of the articles of incorporation; |
| 3. | Comparison chart for the new and old articles of incorporation, and other reference documents. |
| Article 15 (Branches of Central Association) |
Under Article 28 (5) of the Act, any central association shall establish branches each in a Special Metropolitan City, Metropolitan Cities, Dos and Special Self-Governing Provinces within three weeks from the date of the completion of the establishment registration: Provided, That branches of doctors' association in foreign countries shall be established within ten weeks from the date of receiving the permit for the modification of the articles of incorporation thereof.
| Article 16 (Details of Mutual Aid Projects) |
| 1. | Mutual aid and compensation services for compensation of damages caused by medical accidents that have occurred by members of central associations, or medical personnel, medical technicians, or assistant nurses who are employed at medical institutions that a central association's member has established and other compensation services for the members or medical institutions that are established by the members who have suffered damages from disputes on medical treatment; |
| 2. | Other services necessary for attaining the goals of the mutual aid projects. |
| Article 17 (Report and Operation of Mutual Aid Projects) |
| (1) | In order to carry out mutual aid projects, any central association shall file a report with the Minister of Health and Welfare, along with the operation regulations of the mutual aid projects.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | The operation regulations of mutual aid projects referred to in paragraph (1) shall include the following matters: |
| 5. | Matters concerning investigation affairs; |
| 6. | Matters concerning the payment of compensation; |
| 7. | Matters concerning working expenses for thirty days after the beginning of the projects and the reserve funds for compensation. |
| (3) | When the operation regulations of mutual aid projects are modified, details of the modification shall be reported to the Minister of Health and Welfare.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (4) | Accounts concerning mutual aid projects shall be kept separately from those concerning other business of the relevant central association. |
| Article 18 (Medical Personnel on Duty) |
| (1) | The number of medical persons on duty which all kinds of hospitals require to have under Article 41 of the Act shall be one as to a doctor, dentist or oriental medical doctor, and two as to a nurse for up to two hundred inpatients, while one doctor, dentist, or oriental medical doctor, or two nurses shall be added for additional each two hundred inpatients. |
| (2) | Notwithstanding paragraph (1), mental hospitals, rehabilitation hospitals, tuberculosis hospitals, etc. may make the arrangement, according to the self-regulations of the relevant hospitals, to the extent that there is no disruption to the treatment of inpatients. |
| Article 19 (Application for Permit to Establish Medical Corporations) |
A person who intends to establish a medical corporation under Article 48 (1) of the Act shall submit an application, accompanied by documents determined by Ministerial Decree of Health and Welfare to a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or a Special Self-Governing Province governor (hereinafter a "Mayor/Do Governor") having jurisdiction over the areas in which the principal offices of such corporations are located.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
| Article 20 (Mission of Medical Corporations, etc.) |
Medical corporations, as well as the non-profit corporations that have established medical institutions under Article 33 (2) 4 of the Act, shall contribute to public hygiene and shall not seek profit, in conducting the business of medical treatment (including the incidental business that medical corporations conduct under Article 49 of the Act).
| Article 21 (Application for Permit to Dispose of Property or to Modify Articles of Incorporation) |
Where any medical corporation intends to obtain a permit to dispose of property or modify the articles of incorporation under Article 48 (3) of the Act, it shall submit the application, accompanied by documents determined by Ministerial Decree of Health and Welfare to a Mayor/Do Governor having jurisdiction over the area in which the principal office of such corporation is located: Provided, That the medical corporation falling under Article 11 of the Addenda of the amended Medical Service Act (No. 4732), which has been assisted with public loan from the State, shall submit such application to the Minister of Health and Welfare via a Mayor/Do Governor. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
| Article 22 (Medical Information System Projects) |
"Project prescribed by Presidential Decree" in Article 49 (1) 6 of the Act means the project falling under any of the following subparagraphs: | 1. | System development and operation projects to prepare and manage electronic medical records; |
| 2. | System development and operation projects to prepare and manage electronic medical prescriptions; |
| 3. | System development and operation projects to save and transmit video records. |
| Article 23 (Standards for Prohibition of Medical Service Advertisement) |
| (1) | Specific standards for medical service advertisement prohibited pursuant to Article 56 (5) of the Act shall be as follows:
<Amended by Presidential Decree No. 21148, Dec. 3, 2008; Presidential Decree No. 22003, Jan. 27, 2010> |
| 1. | The advertisement on any new medical technology that has not gone through the assessment of the new medical technology pursuant to Article 53 of the Act; |
| 2. | The advertisement with a clear expression that the treatment skills or methods of a specific medical institution or specific medical person are effective without failure in the treatment of diseases, or the advertisement aimed at disseminating the treatment stories of patients or the clinical experiences of not more than six months; |
| 3. | The advertisement aimed at disseminating that the medical treatment skills or methods of a specific medical institution or specific medical person are far superior and more effective than those of any other medical institution or medical person; |
| 4. | The advertisement aimed at disseminating unfavorable matters on the treatment skills or methods of any other medical institution or medical person for the purpose of slandering the relevant medical corporation, medical institution or medical person; |
| 5. | The advertisement to which causes the general public to feel aversion by posting videos or photographs showing the scenes of operations of patients performed by a medical person, or the affected parts, etc. of patients; |
| 6. | The advertisement that leaves out key information pertaining to foreseeable side effects, etc. that are feared to cause serious harms to the safety of patients, while disseminating the medical services and medical treatment methods, etc.; |
| 7. | The advertisement aimed at disseminating the contents of the treatment skills or methods of a medical institution and medical person, which have not been objectively recognized or have not been objectively founded; |
| 8. | The advertisement aimed at carrying or broadcasting articles or opinions of experts concerning the medical skills or methods of a specific medical institution or specific medical person in newspapers or Internet newspapers provided for in Article 2 of the Act on the Promotion of Newspapers, etc., or in periodicals provided for in the Act on Promotion of Periodicals, Including Magazines, or in broadcasts provided for in subparagraph 1 of Article 2 of the Broadcasting Act, while carrying or broadcasting the information on the contact address and map of the specific medical institution, medical person, etc.; |
| 9. | The advertisement aimed at disseminating the medical service advertisement subject to the deliberation provided for in Article 57 (1) of the Act without such deliberation or disseminates differently from the deliberated contents. |
| (2) | Where any medical corporations, medical institutions or medical persons advertise their medical services on their Internet home pages, the Minister of Health and Welfare may set and publish detailed standards for the medical service advertisement prohibited pursuant to paragraph (1).
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 24 (Medical Service Advertisement Subject to Deliberation and Commission of Deliberation Work) |
| (1) | When any medical corporations, medical institutions or medical persons intend to advertise their medical services by using the media falling under any of the following subparagraphs pursuant to Article 57 (1) of the Act, they shall go through the deliberation thereon by the Minister of Health and Welfare:
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 21148, Dec. 3, 2008; Presidential Decree No. 22003, Jan. 27, 2010; Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | Newspapers or Internet newspapers provided for in Article 2 of the Act on the Promotion of Newspapers, etc. or periodicals provided for in the Act on Promotion of Periodicals, Including Magazines; |
| (2) | Under Article 57 (3) of the Act, the Minister of Health and Welfare shall commission affairs concerning the deliberation on medical service advertisements to the doctors' association, the dentists' association and the oriental medical doctors' association, respectively, provided for in Article 28 (1) of the Act, as provided for in the following subparagraphs:
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | The doctors' association: Deliberation on medical service advertisements run by doctors, clinics, hospitals, convalescent hospitals, general hospitals (excluding dental services) and midwifery clinics; |
| 2. | The dentists' association: Deliberation on medical service advertisements run by dentists, dental clinics, dental hospitals, general hospitals (limited to the dental services); |
| 3. | The oriental medical doctors' association: Deliberation on medical service advertisements run by oriental medical doctors, oriental medical clinics, oriental medical hospitals and convalescent hospitals (limited to convalescent hospitals that are established by oriental medical doctors). |
| (3) | Notwithstanding paragraph (2), where the associations of medical personnel referred to in each subparagraph of paragraph (2) establish and operate an integrated deliberative organization for the purpose of deliberation on medical service advertisements, the Minister of Health and Welfare shall commission the work of deliberating on medical service advertisements to such integrated deliberative organization.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 25 (Procedures for Deliberation on Medical Service Advertisements) |
| (1) | Any medical corporation, medical institution, and medical person (hereinafter referred to as "applicants") that intends to have its medical service advertisement deliberated shall submit an application prescribed by Ministerial Decree of Health and Welfare, accompanied by the contents of such medical advertisement to the organization to which deliberation on the medical service advertisements are commissioned (hereinafter referred to as "deliberative body"), pursuant to Article 24 (2) or (3).
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | The deliberative body shall, upon receiving any application filed pursuant to paragraph (1), notify the applicant in writing of the result, following the deliberation of the medical service advertisement deliberative committee (hereinafter referred to as "deliberative committee") provided for in Article 28 within 30 days from the date on which it has received such application: Provided, That where it is impossible to notify the applicant of the result of the deliberation within the period due to an inevitable ground or event, the deliberative body shall notify the applicant of the grounds of its delay and a scheduled period during which his/her application undergoes deliberation. |
| (3) | Where any applicant is dissatisfied with the result of deliberation, which is notified to him/her pursuant to paragraph (2), the applicant may make a request for re-deliberation within 15 days from the date on which the applicant has been notified of the result of deliberation. |
| (4) | The deliberative body shall, upon receiving the request for re-deliberation pursuant to paragraph (3), notify in writing the applicant of the result of the re-deliberation within 30 days from the date on which it has received the request for re-deliberation after undergoing the re-deliberation thereon by the deliberative committee. |
| Article 26 (Changes in Deliberation Contents) |
| (1) | Where a person subject to the deliberation or re-deliberation pursuant to Article 25 intends to run his/her advertisement after changing the contents of such advertisement that has been deliberated upon, he/she shall have the changed contents to be deliberated regarding such changes pursuant to Article 25: Provided, That when intending to run the advertisement after amending or deleting a few words to the extent that the contents of the relevant advertisement are not changed, he/she may run the advertisement without having the advertisement to be deliberated upon. |
| (2) | Anyone who intends to run the advertisement pursuant to the proviso to paragraph (1) shall notify the deliberative body of his/her intention before he/she begins running the advertisement and the deliberative body shall, in cases where it is deemed that the contents of the advertisement, which have been notified to it, are changed, notify without delay the applicant that he/she shall get such advertisement to undergo deliberation. |
| Article 27 (Indication of Deliberation Result) |
In cases where any applicant intends to advertise the contents that have undergone deliberation pursuant to the provisions of Articles 25 and 26, the applicant shall indicate in such advertisement that the contents thereof have undergone deliberation.
| Article 28 (Composition, Operation, etc. of Deliberative Committee) |
| (1) | The deliberative body shall establish and operate the deliberative committee mandated to deliberate on medical service advertisements. |
| (2) | The deliberative committee shall be composed of not more than 10 members to not less than 20 members, including one chairperson and one vice chairperson. |
| (3) | The chairperson shall be commissioned by the head of the deliberative body and the vice chairperson shall be elected, from among the members of the deliberative committee. |
| (4) | Members of the deliberative committee shall be commissioned by the head of the deliberative body from among the persons falling under each of the following subparagraphs: |
| 1. | Medical personnel (excluding midwives and nurses), other than members of the relevant deliberative body, who engage in other medical fields; |
| 2. | Members of the relevant deliberative body; |
| 4. | Persons who are qualified as attorneys-at-law; |
| 5. | Other persons who have good knowledge of and experience in public health and medical services. |
| (5) | The terms of office of members of the deliberative committee shall be one year, and they may be reappointed or recommissioned. |
| (6) | The head of the deliberative body shall quarterly report the result of the deliberations and re-deliberations to the Minister of Health and Welfare within 30 days after the end of the relevant quarter. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (7) | Necessary matters concerning the composition, operation and deliberation of the deliberative committee other than the matters prescribed in paragraphs (1) through (6) shall be determined by the chairperson following the resolution thereon by the deliberative committee. |
| Article 29 (Objects of Evaluation of Medical Institutions, and Division of Evaluation) |
| (1) | The Minister of Health and Welfare shall, under Article 58 (1) of the Act, conduct the evaluation of medical institutions on the general hospitals and hospitals with 300 or more patient beds.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | The evaluation of medical institutions under paragraph (1) shall be conducted by dividing them into a regular and irregular evaluation. |
| (3) | Even if any medical institution which is not subject to the evaluation of medical institution under paragraph (1) has filed an application for the said evaluation, the Minister of Health and Welfare may conduct the evaluation of medical institution on the relevant medical institution.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 30 (Standards for and Methods of Evaluation of Medical Institutions) |
| (1) | Standards for the evaluation of medical institutions under Article 29 (1) shall be as follows: |
| 1. | Level of satisfaction in regard to the rights and convenience of patients making use of medical institutions; |
| 2. | Process and results of the performance of medical persons; |
| 3. | Level of the facilities, equipment and manpower; |
| 4. | Other matters concerning the current status of medical institutions. |
| (2) | Detailed standards for the evaluation of medical institution under paragraph (1) shall be determined by the Minister of Health and Welfare by medical institutions in accordance with the scale of patient beds.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (3) | The evaluation of medical institutions under Article 29 (1) shall be conducted by dividing them into a documentary survey and field survey, and the detailed matters concerning survey methods shall be prescribed by Ministerial Decree of Health and Welfare.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 31 (Entrustment of Evaluation Business of Medical Institution) |
The Minister of Health and Welfare may, under Article 58 (2) of the Act, entrust the medical institution evaluation business to the institution or association meeting the standards determined by the Minister of Health and Welfare from among the related institutions or associations falling under any of the following subparagraphs:
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> | 1. | The Korea Health Industry Development Institute established under the Korea Health Industry Development Institute Act; |
| 3. | Nonprofit corporations relating to the medical institution evaluation business, which are established by the Government or to which the Government supports all or part of operational expenses; |
| 4. | Other nonprofit corporations equipped with the specialized manpower and abilities relating to the medical institution evaluation. |
| Article 32 (Scope of Acts of Degrading Medical Persons' Dignity) |
| (1) | The scope of acts of degrading the dignity of medical persons referred to in Article 66 (2) of the Act shall be as follows: |
| 1. | Conducting medical treatment not recognized academically (including midwifery services and nursing services; hereinafter the same shall apply); |
| 2. | Conducting unethical medical treatment; |
| 3. | Running false or exaggerated advertisement; |
| 4. | Conducting excessive medical treatment, such as unnecessary test, medication or surgery, or requesting unjustly excessive medical treatment fees; |
| 5. | Giving and receiving money and other valuables in connection with work, such as selection of specialized doctors; |
| 6. | Enticing or causing enticement of patients who are about to use other medical institutions to medical institutions at which they are employed or which they have established, for profit; |
| 7. | Enticing patients who get prescriptions from them to a particular drugstore in collusion with the opener of such drugstore or a person employed at such drugstore, for profit. |
| (2) | When it is questionable whether a specific act falls under the acts of degrading the dignity of medical persons prescribed in paragraph (1), it shall be decided by deliberation of the Central Medical Examination and Conciliation Committee. |
| Article 33 (Organization, etc., of Medical Dispute Conciliation Committee) |
| (1) | The Central Medical Examination and Conciliation Committee and local medical dispute conciliation committee referred to in Article 70 of the Act (hereinafter referred to as the "Committee") shall each be composed of not more than seven to not less than 15 members, including one chairperson and one vice-chairperson. |
| (2) | The chairperson of the Committee shall be the vice-head of the institution that has established the relevant Committee, and the vice-chairperson and members shall be appointed or commissioned by the head of the relevant institution from among those who fall under any of the following subparagraphs. In such cases, members under subparagraph 1 and other members shall be equal in number, and as to members who are public officials may, official posts shall be designated in lieu of the appointment:
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | Medical persons recommended by an organization of medical persons to which the Minister of Health and Welfare has granted approval for establishment; |
| 2. | A legal professional, journalist, representative of a consumer group; |
| 3. | Persons, other than medical persons, who have good knowledge of and experience in medical administration or dispute conciliation. |
| (3) | The chairperson of the Committee shall represent the Committee and control the overall business of the Committee, and the vice-chairperson of the Committee shall assist the chairperson and, when the chairperson is unable to perform his/her duties due to unavoidable reasons, shall perform the duties as proxy. |
| Article 34 (Term of Office of Members) |
| (1) | The term of office of members shall be two years, and they may be reappointed or recommissioned. |
| (2) | The term of office of members who are public officials appointed by designating their official posts shall be the period during which they hold the relevant posts, and the term of office of any substitute member shall be the remainder of the predecessor's term of office. |
| Article 35 (Executive Secretary and Clerks) |
| (1) | The Committee shall have one executive secretary and a few of clerks. |
| (2) | An executive secretary and clerks shall be appointed by the heads of the institution in which the Committee is established from among public officials of such institution. |
| (3) | An executive secretary shall take charge of the following matters, and clerks shall assist the executive secretary: |
| 1. | Preliminary deliberation and examination of details of the formal requisites for agenda that will be referred to the Committee; |
| 2. | Preparation of committee's bills; |
| 3. | Other matters concerning the general affairs of the Committee. |
| Article 36 (Request for Conciliation of Disputes) |
Those who intend to make a request for conciliation of disputes on medical treatment under Article 71 of the Act shall submit the request to a Mayor/Do Governor, as prescribed by Ministerial Decree of Health and Welfare, within one year from the date on which the cause of the relevant dispute occurred.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
| Article 37 (Return, etc. of Written Request) |
When the requests for conciliation of disputes that are referred to a Committee fall under any of the following subparagraphs, the chairperson of the Committee may return them to the applicants without passing them through the resolution of the Committee or issue an order to revise them with setting an adequate period of time:
| 1. | When the period of application referred to in Article 36 has expired, or other formal requisites are not satisfied; |
| 2. | When the party to the dispute is unclear; |
| 3. | When such dispute has been conciliated by the Committee; |
| 4. | When such dispute is the civil or criminal case which is pending at investigation authorities or courts; |
| 5. | When it is clear that the details of application are not true; |
| 6. | When such dispute may not be considered as medical disputes. |
| Article 38 (Issuance of Notice to Relevant Parties) |
When referred by the Minister of Health and Welfare or a Mayor/Do Governor with written applications for conciliation of disputes, the chairperson of the relevant Committee shall notify without delay the relevant persons of this fact unless he/she has returned the written application under Article 37. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
| Article 39 (Meetings of Committee) |
| (1) | The chairperson of the Committee shall call a meeting of the Committee and preside over it. |
| (2) | The Committee shall open its meetings with the attendance of a majority of the total members and shall pass resolutions with the concurrent votes of a majority of those present. |
| Article 40 (Allowances and Travel Expenses) |
Any members of the Committee, other than public official members, who attend meetings of the Committee may receive allowances and travel expenses within the limit of budget.
A Mayor/Do Governor shall submit to the Minister of Health and Welfare a report on the results of settlement of application for conciliation of medical disputes, as prescribed by Ministerial Decree of Health and Welfare.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
| Article 42 (Entrustment of Authority) |
| (1) | The Minister of Health and Welfare shall entrust the head of each central association with reporting duties pursuant to Article 25 of the Act.
<Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | The Minister of Health and Welfare shall entrust the Korea Health Industry Development Institute under the Korea Health Industry Development Institute Act with duties falling under any of the following subparagraphs:
<Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | Registration duties under Article 27-2 (1) and (2) of the Act (including the review of registration requirements, but excluding the decision of registration, and the issuance and re-issuance of a registration certificate); |
| (3) | The head of each central association and the Korea Health Industry Development Institute entrusted with duties under paragraphs (1) and (2) shall report the details of entrusted duties conducted to the Minister of Health and Welfare, as determined by Ordnance of Ministry of Health and Welfare.
<Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21428, Apr. 20, 2009]
| Article 43 (Calculation Basis of Penalty Surcharges) |
The amount of the penalty surcharge referred to in Article 67 of the Act shall be assessed by applying criteria of Appendix 1, based on the criteria for medical service suspension disposition determined by Ministerial Decree of Health and Welfare, with kinds and degree of offense taken into consideration.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 21428, Apr. 20, 2009; Presidential Decree No. 22075, Mar. 15, 2010>
| Article 44 (Procedure for Imposition and Collection of Penalty Surcharges) |
| (1) | When intending to impose penalty surcharges under Article 67 of the Act, the Minister of Health and Welfare, a Mayor/Do Governor or head of a Si/Gus/Gu shall clearly state the kinds of the relevant offenses and the amount of penalty surcharges in writing and issue a notice for payment.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | Procedures for the collection of penalty surcharges shall be determined by Ministerial Decree of Health and Welfare.
<Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 45 (Imposition and Collection of Fines for Negligence) |
| (1) | Criteria for the imposition of a fine for negligence under Article 92 are as prescribed in Appendix 2. |
| (2) | The Minister of Health and Welfare or the head of each Si/Gun/Gu may reduce or increase fines for negligence within the extent of 1/2 of the relevant amount taking account of the degree, frequency, motive, result, etc. of a violation, notwithstanding paragraph (1): Provided, That fines for negligence may not exceed the amount under Article 92 (1) through (3) when they are increased.
<Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21428, Apr. 20, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Relation to other Acts and Subordinate Statutes)
Where the provisions of the former Enforcement Decree of the Medical Service Act have been cited in other Acts and subordinate statutes at the time when this Decree enters into force, it shall be deemed that the relevant provisions of this Decree have been cited in place of the former provisions if there are provisions corresponding thereto in this Decree.
ADDENDA<Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9
Omitted.
ADDENDA<Presidential Decree No. 21148, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Articles 2 and 3
Omitted.
ADDENDUM<Presidential Decree No. 21428, Apr. 20, 2009>
This Decree shall enter into force on May 1, 2009; provided, the amended provisions of subparagraph 2 of Article 2 enters into force on July 8, 2009.
ADDENDA<Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA<Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Articles 2 and 3 Omitted.