ACT ON SPECIAL CASES CONCERNING THE ENCOURAGEMENT OF LEARNING ON PUBLIC HEALTH
Act No. 2911, Dec. 22, 1976
Amended by Act No. 3663, Dec. 20, 1983
Act No. 3948, Nov. 28, 1987
Act No. 5453, Dec. 13, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5843, Feb. 8, 1999
Act No. 8366, Apr. 11, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9932, Jan. 18, 2010
Act No. 11509, Oct. 22, 2012
The purpose of this Act is to contribute to improvement of public health by granting and appropriately managing scholarships to college students who aspire to be a medical doctor, dentist or registered nurse to secure medical professionals who will provide public health services.
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 2 (Students Eligible for Scholarship) |
The person eligible for the scholarship under this Act shall be a student who is enrolled in a premedical course or pre-dentistry course, or in a medical college, dental college or nursing college (which shall include a junior college; hereinafter the same shall apply) and pledges to provide public health services prescribed by Presidential Decree for a certain period after obtaining a medical doctor's, dentist's or registered nurse's license.
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 3 (Number of Scholarship Students and Amount of Scholarship) |
| (1) | The number of persons who will be awarded a scholarship under this Act (hereinafter referred to as "scholarship student") shall not exceed the number prescribed by Presidential Decree. |
| (2) | The amount of a scholarship to be awarded annually to each scholarship student shall be determined by the Minister of Health and Welfare in January each year, and shall include the full amount of expenses necessary for studies such as tuition fees. |
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 4 (Application for Scholarship Student) |
| (1) | A person who desires to be a scholarship student shall file, with the Minister of Health and Welfare, an application therefor cosigned by his/her legal representative or other relatives prescribed by Presidential Decree, with the recommendation of the dean of the college to which he/she belongs. |
| (2) | The application set forth in paragraph (1) shall be in writing and shall contain a statement of the applicant's intent to provide public health services designated by the Minister of Health and Welfare for a certain period after obtaining a medical doctor's, dentist's or registered nurse's license. |
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 5 (Selection of Scholarship Student and Payment of Scholarship) |
| (1) | Upon receipt of an application under Article 4, the Minister of Health and Welfare shall select a scholarship student by taking into consideration the applicant's scholastic attainments and conduct, etc. |
| (2) | Unless payment of a scholarship to the person selected as a scholarship student under paragraph (1) is suspended or discontinued pursuant to Article 7, payment of a scholarship by the Minister of Health and Welfare shall be continued until his/her graduation from a medical, dental or nursing college. |
| (3) | The method, time and other matters necessary for payment of a scholarship shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 6 (Fulfillment of Conditions) |
| (1) | The medical doctor's, dentist's or registered nurse's license issued by the Minister of Health and Welfare to any person, who has passed a national examination for medical doctors, dentists or registered nurses, as a person who has been selected as a scholarship student under Article 5 (1) and has been granted scholarship (which shall exclude any person whose scholarship payment has been discontinued pursuant to Article 7 (2) or who falls under the latter part of Article 8 (1)), shall be attached with the conditions set forth in Article 11 (1) of the Medical Service Act: Provided, That the period during which he/she is required to fulfill the conditions shall be at least two years and up to five years, depending on the duration of scholarship payment and the region of his/her services, as prescribed by Presidential Decree. |
| (2) | The person who has obtained a conditional license pursuant to paragraph (1) shall provide public health services faithfully for the period during which he/she is required to fulfill the conditions: Provided, That where fulfillment of the conditions has become impossible due to any of the following causes, he/she shall provide the services for the remainder of such period, from the time on which such causes cease to exist: |
| 1. | An illness, or a mental or physical disorder; |
| 2. | Where he is conscripted or drafted to serve in the military under the Military Service Act or fulfillment of the conditions becomes impossible due to performance of any obligations under other Acts; |
| 4. | Where he/she receives training to become a medical specialist under the Medical Service Act; |
| 5. | Where he/she receives training for midwifery in a medical institution recognized by the Minister of Health and Welfare under the Medical Service Act; |
| 6. | Where there are any other unavoidable causes prescribed by Presidential Decree. |
| (3) | Where the person who has obtained a conditional license pursuant to paragraph (1) acquires citizenship of another country or obtains permanent residency in a foreign country with his/her entire family while maintaining his/her citizenship in the Republic of Korea, the Minister of Health and Welfare may exempt him/her from fulfillment of the conditions. |
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 6-2 (On-the-Job Training) |
| (1) | The Minister of Health and Welfare may provide on-the-job training for a period of not exceeding one year, as needed, to a person who is required to fulfill the conditions under Article 6 (1). |
| (2) | The period of the on-the-job training under paragraph (1) shall be counted as the period during which he/she is required to fulfill the conditions under the proviso to Article 6 (1). |
| (3) | Matters necessary for the on-the-job training under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 6-3 (Change of Service Region or Institution) |
Where the Minister of Health and Welfare deems it necessary, he/she may change the region or institution where the medical doctor, dentist or registered nurse, who is in the course of fulfilling the conditions pursuant to Article 6, is required to serve: Provided, That in cases where the change of a service region or institution occurs within the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province, such change shall be effected, and shall be reported to the Minister of Health and Welfare without delay, by the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Mayor of the Special Self-Governing City, Do Governor, or Governor of the Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"). [This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 7 (Suspension or Discontinuance of Scholarship Payment) |
| (1) | Where a scholarship student suspends his/her studies due to voluntary time off or disciplinary suspension from school or fails to advance to a next grade, payment of a scholarship shall be suspended for the period during which his/her studies or advance to a next grade is suspended. |
| (2) | Where a scholarship student falls under any of the following, payment of a scholarship shall be discontinued: |
| 2. | Where he/she is expelled or disenrolled from school; |
| 3. | Where he/she changes his/her major to a major ineligible for scholarship; |
| 4. | Where two years have passed since the suspension of scholarship payment under paragraph (1): Provided, That a period of military service under the Military Service Act or a period for performance of obligations under other Acts shall not be counted; |
| 6. | Where the dean of the college to which he/she belongs deems that he/she has impaired dignity of a scholarship student due to any misconduct; |
| 7. | Where he/she acquires citizenship of another country or obtains permanent residency in a foreign country with his/her entire family while maintaining his/her citizenship in the Republic of Korea. |
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 8 (Return of Scholarship Payments to National Treasury) |
| (1) | A person who falls under Article 7 (2) 2 through 7 and whose scholarship payment is discontinued as a result shall return the amount of the scholarship payment that has already been made, with a certain amount of statutory interest, to the National Treasury, as prescribed by Presidential Decree. The same shall also apply where a person who graduated from a medical, dental or nursing college on a scholarship fails to pass a national examination for medical doctors, dentists or registered nurses under Article 9 of the Medical Service Act within three years from the date of his/her graduation. |
| (2) | A person who fails to fulfill the conditions in violation of Article 6 (2), or whose medical doctor's, dentist's or registered nurse's license is revoked during the period for fulfilling the conditions, or who is exempted from fulfilling the conditions pursuant to Article 6 (3) shall return the amount of the scholarship payment that has already been made, with a certain amount of statutory interest, to the National Treasury, as prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraphs (1) and (2), where the discontinuance of scholarship payment, failure to pass a national examination for medical doctors, dentists or registered nurses, or revocation of a medical doctor's, dentist's or registered nurse's license is not due to addiction to narcotics or other toxic substances but due to an illness or a mental or physical disorder, the scholarship payment shall not be returned to the National Treasury. |
| (4) | In case of a failure to return the amount that is required to be returned to the National Treasury pursuant to paragraphs (1) and (2), such amount shall be collected in the same manner as delinquent national taxes. |
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| (1) | A person who is in the course of fulfilling the conditions under Article 6 shall report his/her monthly service record to the relevant Mayor/Do Governor and the Mayor/Do Governor shall compile all service records and report them to the Minister of Health and Welfare on a quarterly basis. |
| (2) | A person who is in the course of fulfilling the conditions under Article 6 shall report to the Minister of Health and Welfare through the relevant Mayor/Do Governor without delay, when any of the causes set forth in subparagraphs of Article 6 (2) occurs or ceases to exist. |
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 10 (Administrative Measures) |
| (1) | The Minister of Health and Welfare may revoke a medical doctor's, dentist's or registered nurse's license of any person who fails to fulfill the conditions in violation of Article 6. |
| (2) | To any person whose medical doctor's, dentist's or registered nurse's license is revoked pursuant to paragraph (1), the Minister of Health and Welfare shall not reissue a medical doctor's, dentist's or registered nurse's license within five years from the date on which such license is revoked. |
[This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
Where the Minister of Health and Welfare intends to revoke a medical doctor's, dentist's or registered nurse's license pursuant to Article 10 (1), he/she shall hold a hearing. [This Article Wholly Amended by Act No. 11509, Oct. 22, 2012]
| Article 11 Deleted.<by Act No. 11509, Oct. 22, 2012> |
ADDENDUM
This Act shall enter into force on January 1, 1977.
ADDENDUM<Act No. 3663, Dec. 20, 1983>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 3948, Nov. 28, 1987>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM<Act No. 5843, Feb. 8, 1999>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM<Act No. 11509, Oct. 22, 2012>
This Act shall enter into force on the date of its promulgation.