CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning the donation of organs, etc. and matters necessary for the recovery and transplantation of organs, etc. of a person for the purpose of restoring functions of organs, etc. of another person, and thus to ensure appropriate recovery and transplants of organs, etc. and to contribute to improving national health.
| Article 2 (Basic Ideology) |
| (1) | Recovery and a transplant of organs, etc. shall be performed in a humanitarian spirit. |
| (2) | Expressions of intent to donate one's own organs shall be respected. In such cases, such intent of a person who intends to donate organs, etc. shall be voluntary. |
| (3) | The opportunity to receive a transplant of organs, etc. shall be given equally to all people who are in need of a transplant of organs, etc. |
| (4) | Recovery and a transplant of organs, etc. shall be performed in an ethically reasonable and medically accepted manner. |
| Article 3 (Respect for Organ Donors, etc.) |
| (1) | The spirit of love and sacrifice of the organ donors, etc. for other persons shall be respected at all times. |
| (2) | No one shall treat any organ donor, etc. with discrimination by reason of donation of organs, etc. |
| (3) | The State or a local government may request a person who is deemed to give disadvantage to or discriminate against any organ donor, etc. in violation of paragraph (2) of the rectification thereof. |
The terms used in this Act shall be defined as follows:
| 1. | The term "organs, etc." means any of the following, which needs transplants for the purposes of functional recovery of damaged or dead internal organs: |
| (a) | Kidney, liver, pancreas, heart, and lung; |
| (b) | Bone marrow and eyeballs; |
| (c) | Other internal organs or tissue prescribed by Presidential Decree that can be recovered and transplanted for functional recovery; |
| 2. | The term "organ donor, etc." means a person who, being registered under Article 14, donates a specific organ from his/her body for the purposes of functional recovery of organs, etc. of another person; |
| 3. | The term "person who wishes to be an organ donor, etc." means a person who, being registered under Article 15, declares his/her intent to donate his/her organ, etc. in the future when he/she becomes brain-dead or deceased; |
| 4. | The term "potential recipient of organs, etc." means a person who registers under Article 14 to receive transplants of organs, etc. of another person for the purposes of functional recovery of his/her organs, etc.; |
| 5. | The term "living person" means a person, other than a brain-dead person, and the term "brain-dead person" means a person whose brain is diagnosed as having irreversibly and completely ceased to function in accordance with the criteria for determinations for brain death and the procedures for determinations for brain death under this Act; |
| 6. | The term "family member" or "surviving family member" means a relative of a living person, a brain-dead person, or a deceased person, who falls under any of the following items: Provided, That a person under 14 years of age is excluded therefrom: |
| (e) | First cousins or closer relatives, where a donor has no family member or surviving family member who falls under items (a) through (d). |
| Article 5 (Applicability) |
This Act shall apply to the organs, etc. recovered and transplanted from living persons, etc. for the purposes of functional recovery of organs, etc. of other persons.
| Article 6 (Responsibility of State and Local Governments) |
| (1) | The State and local governments shall guarantee equal opportunities to receive organ transplants for all persons who need organ transplants and shall endeavor to ensure appropriate recovery and transplants of organs, etc. |
| (2) | The State and local governments shall perform the following activities to promote recovery and transplants of organs, etc. within budget limits: <Amended by Act No. 11976, Jul. 30, 2013> |
| 1. | Notation of being a person who wishes to be an organ donor, etc. on certificates issued by the State and local governments, such as driver's licenses (limited to persons who want such notation, among those registered as a person who wishes to be an organ donor, etc. under Article 15); |
| 2. | Aid for various advertising and public relations campaigns relating to donation and transplantation of organs, etc.; |
| 3. | Formulation and implementation of policies supporting organ donors, etc; |
| 4. | Education for medical personnel and persons working for medical institutions regarding donation and transplant of organs, etc. |
| Article 7 (Prohibition of Purchase or Sale, etc. of Organs, etc.) |
| (1) | No person shall give, receive or promise to give or receive money, any financial gain, or other consideration, to do anyof the following acts: |
| 1. | Giving organs, etc. of another to a third person, receiving organs, etc. of another to give such organs, etc. to a third person, or promising to do either act; |
| 2. | Giving one's own organs, etc. to another, receiving organs, etc. of another to transplant into one's own body, or promising to do either act; |
| 3. | Abetting, assisting, or aiding another to do any act falling under subparagraph 1 or 2. |
| (2) | No person shall abet, assist, or aid another to do any act falling under paragraph (1) 1 or 2. |
| (3) | No person who learns of a violation of paragraph (1) or (2) shall recover or transplant organs, etc. involved in such violation. |
CHAPTER Ⅱ ORGAN, ETC. TRANSPLANT ETHICS COMMITTEE AND ORGAN TRANSPLANT MANAGEMENT AGENCY
| Article 8 (Organ, etc. Transplant Ethics Committee) |
| (1) | There is hereby established anOrgan, etc. Transplant Ethics Committee (hereinafter referred to as the "Committee") in the Ministry of Health and Welfare to advise the Minister of Health and Welfare on recovery and transplantation of organs, etc. and determinations of brain death, etc. |
| (2) | The Committee shall deliberate on the following: |
| 1. | Matters relating to criteria for determinations of brain death; |
| 2. | Matters relating to the criteria for selection of organ, etc. transplant recipients (hereinafter referred to as "transplant recipient"); |
| 3. | Matters relating to the criteria for designation of organ transplant registration organizations under Article 13 (1), special institutions for management of the persons who are subjects of determination of brain death under Article 19 (1), organ procurement organizations under Article 20 (1), and organ transplant hospitals under Article 25 (1); |
| 4. | Other matters submitted by the Minister of Health and Welfare to meetings in relation to recovery and transplantation of organs, etc. |
| Article 9 (Organization and Operation of Committee) |
| (1) | The Committee shall be comprised of not less than 15,but not more than 20 members, including the Chairperson, and shall be appointed or commissioned by the Minister of Health and Welfare from among persons licensed to practice medicine or law, judges, public prosecutors, public officials, and other persons having abundantknowledge and good social standing: |
| (2) | The Chairperson shall be elected by the Committee from among its members. |
| (3) | An expert committee may be established for each area for efficient operation of the Committee. |
| (4) | Necessary matters concerning the organization and operation of the Committee and its expert committees shall be prescribed by Presidential Decree. |
| Article 10 (National Organ Transplant Management Agency) |
| (1) | In order to appropriately manage matters relating to transplantation of organs, etc., an organ transplant management agency (hereinafter referred to as the "National Organ Transplant Management Agency") shall be established, and the National Organ Transplant Management Agency shall be designated by Ordinance of the Ministry of Health and Welfare from among institutions under the Ministry of Health and Welfare. |
| (2) | Duties of the National Organ Transplant Management Agency shall be as follows: |
| 1. | Selection of transplant recipients; |
| 2. | Registration and management of persons who wish to be organ donors, etc., and management of data relating to personal information and physical examination results of organ donors, etc. and potential recipients of organs, etc.; |
| 3. | Guidance and supervision over organ transplant registration organizations under Article 13, institutions making determinations of brain death under Article 16, special organizations for management of subjects of brain death determination under Article 19, organ procurement organizations under Article 20, and organ transplant hospitals under Article 25; |
| 4. | Surveys and research on recovery and transplantation of organs, etc. and management of information and statistics, and public relations campaigns; |
| 5. | Other duties prescribed by Presidential Decree in relation to recovery and transplantation of organs, etc. |
| (3) | Matters necessary for the operation of the National Organ Transplant Management Agency shall be prescribed by Presidential Decree. |
CHAPTER Ⅲ RECOVERY, TRANSPLANTS, ETC. OF ORGANS, ETC.
SECTION 1 Common Provisions
| Article 11 (Prohibition, etc. of Recovery and Transplants of Organs, etc.) |
| (1) | None of the followingorgans, etc. shall be recovered nor transplanted: |
| 1. | Organs, etc. infected with a communicable pathogen unsuitable for transplantation of organs, etc.; |
| 2. | Organs, etc. affected by cancer cells; |
| 3. | Other organs, etc. at risk of causing harm to the life or body of a transplant recipient and prescribed by President Decree. |
| (2) | No organ, etc. shall be recovered when a transplant recipient is not selected: Provided, that the same shall not apply to organs, etc., such as eyeballs, which may be transplanted long after recovery and prescribed by Presidential Decree. |
| (3) | No organ, etc. shall be recovered from any of the following living persons: Provided, that bone marrow may be recovered from a living person who falls under subparagraph 1: <Amended by Act No. 11005, Aug. 4, 2011> |
| 1. | Persons under 16 years of age; |
| 2. | Pregnant women and persons for whom three months have not passed from the date of delivery; |
| 3. | Mentally ill persons and developmentally challenged persons; Provided, That this shall not apply to any person deemed by a mental health specialist to have the capacity to consent. |
| 4. | Persons addicted to narcotics, marijuana, or psychotropic drugs. |
| (4) | Noorgan, etc. (excluding bone marrow) shall be recovered from any living minor who is 16 years of age or older, except where the recipient is the living person's spouse, lineal ascendants and descendants, siblings, and first cousins or closer relatives. |
| (5) | Organs, etc. that may be recovered from living persons shall be limited to the following: |
| 1. | One of a pair of healthy kidneys; |
| 2. | Parts of organs, etc. prescribed by Presidential Decree, such as liver and bone marrow, within medically accepted limits. |
| Article 12 (Consent to Donate Organs, etc.) |
| (1) | Consent of an organ donor, etc. or a person who wishes to be an organ donor, etc. or of his/her family member or surviving family member under this Act, relating to donation of organs, etc., shall be as follows: |
| 1. | Consent of the donor: Consent by means of documents signed by the donor or consent by means of a will under the provisions relating to wills under the Civil Act; |
| 2. | Consent of a family member or surviving family member: Written consent of one person having the highest priority on the priority list of family members and surviving family members under any item of subparagraph 6 of Article 4: Provided, That where the person in the highest priority is a minor, consent of a family member or surviving family member who is not a minor and who is in the next highest priority, is required in addition to consent of the minor, and wherethe personin the highest priority is missing or is unable to give consent due to inevitable reasons prescribed by Presidential Decree, a person in the next highest priority may give consent thereto. |
| (2) | Where a family member or surviving family member refuses to give consent to the recovery of any organ, etc. of a brain-dead person or deceased person under the proviso to Article 22 (3) 1, one person in the highest priority on the priority list of family members and surviving family members under any item of subparagraph 6of Article 4 shall express such refusal. |
| (3) | Where one person in the highest priority is confirmed under paragraphs (1) 2 and (2) and more than two persons are in the highest priority group, the person who may give consent shall be determined by the degree of a relationship and seniority (the degree of a relationship is considered first). |
SECTION 2 Registration of Persons who Wishes to be Organ Donors, Organ Donors, etc. and Potential Recipients of Organs, etc.
| Article 13 (Organ Transplant Registration Organizations) |
| (1) | An entity that intends to engage in activities relating to registration of organ donors, etc., persons who wish to be organ donors, etc., and potential transplant recipients shall acquire facilities and human resources prescribed by Presidential Decree and shall obtain designation as an organ transplant registration organization (hereinafter referred to as "registration organization") from the Minister of Health and Welfare. In such cases, the Minister of Health and Welfare may designate the types of organs, etc. such registration organization may register, as prescribed by Presidential Decree. |
| (2) | Any of the followingentities may be designated as a registration organization: |
| 1. | The State or local governments; |
| 4. | Non-profit corporations established mainly for the business concerning the donation and transplantation of organs, etc; |
| (3) | Activities of a registration organization shall be as follows: Provided, That duties concerning the registration of potential transplant recipients shall be performed by organ transplant hospitals prescribed in Article 25: |
| 1. | Receipt of applications for registration and enrollment of persons who wish to be organ donors, etc., organ donors. etc. or potential recipients of organs, etc.; |
| 2. | Matters relating to physical examinationof organ donors, etc. or potential recipients of organs, etc.; |
| 3. | Notification of the results of receipt of application for registration and enrollment of persons who wish to be organ donors, etc., organ donors, etc. or potential recipients of organs, to the National Organ Transplant Management Agency; |
| 4. | Other duties prescribed by Presidential Decree relating to the receipt of application for registration and enrollment under paragraph (1). |
| (4) | Matters concerning forms for registration and preservation thereof shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 14 (Registration of Organ Donors, etc.) |
| (1) | A person who intends to register as an organ donor, etc. or potential recipient of organ, etc. shall apply to register with a registration organization, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, Thatwhere an organ donor, etc. is a brain-dead person or deceased person, a family member or surviving family member may apply to register. |
| (2) | When the head of a registration organization receives an application under paragraph (1), he/she shall decide whether to allow registration based on the following criteria: |
| 1. | In cases of an organ donor, etc.: Whether a donor, family member, or surviving family member gives consent under Articles 12 and 22 and whether, as the result of physical examination conducted by the head of the registration organization (referring to physical examination conducted by a medical institution designated by the head of the registration organization, where the registration organization is not a medical institution; hereinafter the same shall apply), a donor is determined suitable as an organ donor, etc.: Provided, that physical examination may be omitted where results of physical examination that determines the suitability as an organ donor, etc. already exists; |
| 2. | In cases of a potential recipient of organ, etc.: Whether a person is suitable as a potential recipient of organ, etc. as the result of physical examination conducted by the head of the registration organization. |
| (3) | Where the head of a registration organization decides to allow registration under paragraphs (2), he/she shall complete registration and shall,without delay,notify the applicant and the head of the National Organ Transplant Management Agency of the registration. |
| (4) | The head of the National Organ Transplant Management Agency shall determine items and methods of physical examination under paragraph (2) and other matters relating to physical examination after obtaining approval from the Minister of Health and Welfare. |
| (5) | When a person registered revokes consent to donate organs, etc., the head of a registration organization shall immediately cancel the registration. |
| Article 15 (Registration of Persons Wishing to be Organ Donors, etc.) |
| (1) | A person who intends to be an organ donor, etc. when he/she becomes brain-dead or deceased may apply for registration as a person who wishes to be an organ donor, etc. to a registration organization, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | When the head of a registration organization receives an application for registration of a person who wishes to be an organ donor, etc. under paragraph (1), he/she shall complete registration after confirming whether the applicant himself/herself has agreed on it, and shall without delay notify the applicant and the head of the National Organ Transplant Management Agency of the result of registration. |
| (3) | Among the registration organizations, the State, local governments or public institutions shall receive the applications for registration only, as prescribed by Ordinance of the Ministry of Health and Welfare, and other matters, such as registration of persons who wish to be organ donors, etc. and ex post facto management, etc. may be allowed to be carried out by the head of the National Organ Transplant Management Agency. |
| (4) | Where the head of the National Organ Transplant Management Agency is intended to perform duties of registration and ex post facto management, etc. of the persons who wish to be organ donors, etc. under paragraph (3), the State, local governments and public institutions shall notify the head of the National Organ Transplant Management Agency of the result of receipt of applications, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | Where the Head of the National Organ Transplant Management Agency is notified of the result of receipt of applications and completes relevant registration under paragraph (4), he/she shall without delay notify the applicant of the result of registration. |
| (6) | When a person who has registered under paragraphs (2) and (5) revokes his/her consent to donate organs, etc., the head of a registration organization or the National Organ Transplant Management Agency shall immediately cancel the registration. |
SECTION 3 Determinations of Brain Death
| Article 16 (Medical Institutions DeterminingBrain Death and Brain Death Determination Committee) |
| (1) | A medical institution which intends to engage in determinations of brain death for recovery and transplantation of organs, etc. shall notify the head of the National Organ Transplant Management Agency, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | A medical institution which intends to engage in determinations of brain death shall acquire facilities, equipment, and human resources prescribed by Ordinance of the Ministry of Health and Welfare before notification under paragraph (1) and shall establish a brain death determination committee at the medical institution. |
| (3) | A brain death determination committee under paragraph (2) shall be comprised of not less than four,but not more than six members, including two or more specialists and one or more members other than the medical persons under Article 2 (1) of the Medical Service Act (hereinafter referred to as "medical persons"), as prescribed by Presidential Decree. |
| (4) | No institution other than the medical institutions which give notification under paragraph (1) (hereinafter referred to as "institution determining brain death") shall engage in determinations of brain death for recovery and transplantation of organs, etc.: Provided, That when it is intended to make a determination of brain death at a medical institution other than institutions determining brain death, it may be done by utilizing the brain death determination committee under paragraph (2). |
| (5) | Where a brain death determination committee under paragraph (2) is utilized to make a determination of brain death at a medical institution other than institutions determining brain death under the proviso to paragraph (4), detailed matters concerning the procedures for determination of brain death, such as preparation of a brain death examination report, or submission of a certificate of determination of brain death and minutes of a meeting, etc. shall be prescribed by Presidential Decree. |
| (6) | Matters necessary for operation, etc. of brain death determination committees shall be prescribed by Presidential Decree. |
| Article 17 (Reporting on Suspected Brain-Dead Patients and Requesting on Determinations of Brain Death) |
| (1) | The head of a medical institution that treats a person suspected of brain-dead (hereinafter referred to as "suspected brain-dead patient") shall make notification to the head of an organ procurement organization under Article 20, and the head of the organ procurement organization so notified shall report it to the head of the National Organ Transplant Management Agency. |
| (2) | A person who desires a determination of brain death for donation of organs, etc. of a suspected brain-deadpatientshall request determinations of brain death to the head of an institution determining brain death, attaching records of tests for the suspected brain-dead patient and medical references from a physicianin charge of treatment,as prescribed by Ordinance of the Ministryof Health and Welfare. |
| (3) | Any of the following persons may request determinations of brain death pursuant to paragraph (2): |
| 1. | A family member of a suspected brain-dead patient; |
| 2. | A legal representative of a suspected brain-dead patient or a physician who treated the suspected brain-dead patient, where a suspected brain-dead patient has no family member; in such cases, request may be made only where the suspected brain-dead patient is a person who wishes to be a organ donor, etc. under Article 15. |
| (4) | Criteria for suspected brain-dead patients that are liable for notification under paragraph (1) and procedures and methods necessary for reporting by the head of an organ procurement organization to the head of the National Organ Transplant Management Agency shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 18 (Determinations of Brain Death, etc.) |
| (1) | Where a request for determinations of brain death is made under Article 17 (2), the head of an institution determining brain death shall, without delay, appear at the scene and study the condition of a suspected brain-dead patient who has become the subject of determination of brain death (hereinafter referred to as "subject of determination of brain death"), and shall make a request for determinations of brain death to a brain death determination committee, attaching a brain death examination report jointly made by two or more specialists and a physician in charge of treatment, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | A brain death determination committee in receipt of a request for determinations of brain death under paragraph (1) shall make a determination of brain death with attendance of a majority of the committee members, including two or more specialists and one or more members other than medical persons, and unanimous consent of the members present. In such cases, criteria for determinations of brain death shall be prescribed by Presidential Decree. |
| (3) | A brain death determination committee may require specialists and a physician in charge of treatmentwho have prepareda brain death examination report, to appear before the brain death determination committee and to express opinions, if deemed necessary for determination of brain death. |
| (4) | Where a brain death determination committee makes a determination under paragraph (2), it shall issue a certificate of determination of brain death, which every member present signs or affixes name and seal, and minutes of a meeting, as prescribed by Presidential Decree, and shall submit them to the head of the institution determining brain death. |
| (5) | When the head of a brain death determination committee receives a certificate of determination of brain death and minutes of a meeting under paragraph (4), he/she shall forward their copies and records prescribed by Ordinance of the Ministry of Health and Welfare to the head of the National Organ Transplant Management Agency and shall forward a copy of the certificate to the person who requested the determinations of brain death. |
| Article 19 (Special Institutions for Management of Subjects of Determination of Brain Death) |
| (1) | The head of the National Organ Transplant Management Agency may designate special institutions for management of subjects of determination of brain death which may comprehensively perform activities relating to donation of organs, etc., determinations of brain death, and organ recovery and transplantation for suspected brain-dead patients. |
| (2) | An institution which may be designated as a special institution for management of suspected brain-dead patients pursuant to paragraph (1) shall meet all of the following requirements: |
| 1. | It must be a registration organization designated under Article 13 (1); |
| 2. | It must be an institution determining brain death, notified under Article 16; |
| 3. | It must be an organ transplant hospital designated under Article 25; |
| 4. | It must have facilities, equipment and human resources prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | The procedure for designation and duties of a special institution for management of suspected brain-dead patients, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 20 (Organ Procurement Organizations) |
| (1) | The Minister of Health and Welfare may designate organ procurement organizations which shall perform the activities of prehension and management of the suspected brain-dead patients and subjects of determination of brain death, assistance in the process of determination of brain death and recovery of organs, etc., encouragement to donate organs, etc., and support for organ donors, etc. |
| (2) | An institution which may be designated as an organ procurement organization shall be as follows: |
| 1. | A medical institution; |
| 2. | A non-profit corporation established mainly for the business concerning the donation and transplantation of organs, etc. |
| (3) | Any organ procurement organization shall comply with the following subparagraphs: |
| 1. | Upon receipt of the notification on a suspected brain-death, it shall take such proper measures to procure organs as moving out to the site promptly. |
| 2. | It shall not give false information to the family members of the brain-dead person to induce donation of organs, etc. nor compel donation thereof; |
| 3. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) | Each organ procurement organization shall have a district under its jurisdiction and conclude an agreement with the institutions determining brain death located at the district under its jurisdiction to find out potential brain-dead persons. In such cases, the district under the jurisdiction of each organ procurement organization shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | Each organ procurement organization shall have a medical person specializing in procurement of organs who is capable of managing subjects of determination of brain death. In such cases, matters concerning qualification, etc. of medical persons specializing in procurement of organs shall be prescribed by Presidential Decree. |
| (6) | Medical persons specializing in procurement of organs referred to in paragraph (5) may inspect the medical records of only the suspected brain-dead patients or subjects of determination of brain death notified of under Article 17 (1) and conduct the inspections and medical treatments prescribed by Presidential Decree. |
| (7) | A person who intends to be designated an organ procurement organization shall acquire facilities, equipment, human resources, etc. prescribed by Presidential Decree. |
| (8) | The procedure for designation and duties of organ procurement organizations, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 21 (Causes and Time of Death of Brain-Dead Persons) |
| (1) | When a brain-dead person dies due to recovery of organs, etc. under this Act, the cause of death shall be deemed a disease or act causing brain death. |
| (2) | The time of death of a brain-dead person shall be the time when a brain death determination committee makes the determination on his/her brain death under Article 18 (2). |
SECTION 4 Recovery and Transplantation of Organs, etc.
| Article 22 (Requirements for Recovery of Organs, etc.) |
| (1) | Organs, etc. of a living person may be recovered only when the living persongives consent thereto: Provided, That, in cases of recovery of organs, etc. from a minor 16 years of age or older and of recovery of bone marrow from a minor under 16 years of age, consent of the donor himself/herself and the parents of the donor (or a legal representative of the donor if the donor has no parent and recovery of bone marrow is for transplantation into the donor's sibling) shall be obtained together. |
| (2) | In cases falling under the proviso to paragraph (1) and where one of the parents is missing or otherwise unable to give consent due to extenuating circumstances prescribed by Presidential Decree, consent shall be obtained from the other parent and one person in the highest priority on the priority list of family members and surviving family members referred to in any item of subparagraph 6 of Article 4. |
| (3) | Organs, etc. may be recovered from brain-dead persons and deceased persons only in any of the following cases: |
| 1. | Where the donor gives consent to recovery of organs, etc. before brain death or death: Provided, That the same shall not apply where the donor's family member or surviving family member clearly refuses to give consent to recovery of organs, etc.; |
| 2. | Where it is not clear whether the donor gave consent to recovery of organs, etc. before brain death or death and where the donor's family member or surviving member gives consent to recovery of organs, etc.: Provided, That, where the donor is a minor under 16 years of age, his/her organs, etc. shall be recovered only when the consent of the donor's parents (one parent if the other parent is deceased, missing, or is otherwise unable to consent due to extenuating circumstances prescribed by Presidential Decree) is obtained. |
| (4) | A person who gives consent under any of paragraphs (1) through (3) may revoke his/her consent for recovery of organs, etc. anytime before the surgery for recovery of organs, etc. begins. |
| Article 23 (Matters to be Observed when Recovering Organs, etc.) |
A physician who intends to recover organs, etc. shall comply with the following:
| 1. | He/she shall confirm consent given under Article 22 and approval under the latter part of Article 26 (3); |
| 2. | He/she shall confirm the identity of the donor, in cases of a living person, and shall fully explain the following items to the donor and his/her family member: |
| (a) | Condition of the organ donor, etc.; |
| (b) | Details of organ recovery surgery and possible effects on health; |
| (c) | Treatment plan after recovery of organs, etc.; |
| (d) | Other matters which an organ donor, etc. shall be notified of in advance in connection with recovery of organs, etc. |
| Article 24 (Priority of Autopsy or Postmortem Examination) |
Where autopsy or postmortem examination is required under the Criminal Act or the Quarantine Act, no recovery of relevant organs, etc. for transplantation may be performed before such autopsy or postmortem examination: Provided, That organs, etc. may be recovered with approval of a public prosecutor of a competent District Public Prosecutors' Office or its branch office and the director of a competent quarantine station and with consent of surviving family members, where a physician in charge of treatment finds that there is no correlation between organs, etc. to be recovered and the cause of death and that recovery cannot be performed within a time frame that allows for recovery, if delayed until after autopsy or postmortem examination.
| Article 25 (Organ Transplant Hospitals) |
| (1) | A medical institution intending to recover organs, etc. for transplantation or to transplant such organs shall obtain designation as an organ transplant hospital (hereinafter referred to as "transplant hospital") from the Minister of Health and Welfare. |
| (2) | A medical institution intending to obtain designation as a transplant hospital shall acquire facilities, equipment, and human resources prescribed by Presidential Decree. |
| (3) | No institution, other than transplant hospitals may recover organs, etc. for transplantation, or transplant such organs: Provided, That medical institutions, other than transplant hospitals, may recover organs, etc. if they have acquired facilities, human resources, equipment, etc. prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 26 (Selection, etc. of Transplant Recipients) |
| (1) | When the head of the National Organ Transplant Management Agency receives notification of registration of organ donors, etc. pursuant to Article 14 (3), he/she shall select transplant recipients from among potential recipients of organs, etc. according to the criteria for selection of transplant recipients prescribed by Presidential Decree. In such cases, the head of the National Organ Transplant Management Agency shall notify the head of the registration organization with which the organ donors, etc. or the transplant recipients registered, and the head of such registration organization shall immediately notify suchselection to the registered organ donors, etc. or the transplant recipients and their family members or surviving family members. |
| (2) | Notwithstanding paragraph (1), the head of a transplant hospital may select transplant recipients, in cases of an eyeballor where anyextenuating circumstances prescribed by Presidential Decree exist, such as when delay in selection of transplant recipients may substantially risk viability of organs, etc. In such cases, the head of the transplant hospital shall notify the reason and the selection to the head of the National Organ Transplant Management Agency and shall notify such selection to the head of a registration organization, the organ donor, etc., the transplant recipients and their family members or surviving familymembers. |
| (3) | Notwithstanding paragraph (1), a living person who is 16 years or older and intends to donate organs, etc. or a living person who is under 20 years of age and intends to donate bone marrow may select transplant recipients of his/her organs, etc. In such cases, except when the donor intends to donate bone marrow to his/her family member or his/her spouse's family member, approval of the head of the National Organ Transplant Management Agency shall be obtained in advance according to the criteria and procedures prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) | Selection of transplant recipients shall be made through the procedures for selection of transplant recipients of the National Organ Transplant Management Agency pursuant to paragraph (1), except when a case falls under paragraph (2) or (3) or Article 11 (4). |
| Article 27 (Prohibition on Recovery, etc. of Organs, etc. by Doctors Determining Brain Death) |
None of the followingpersons may participate in surgery to recover or transplant organs, etc. of a brain-dead person:
| 1. | A specialist who prepares a brain death examination report on a relevant brain-dead person and a physician who treated such brain-dead person; |
| 2. | A physician who attends a meeting of a brain death determination committee which makes a determination of brain death for a relevant brain-dead person. |
SECTION 5 Preparation, Perusal, etc. of Records
| Article 28 (Preparation of Records and Notifying, etc. Recovery of Organs, etc.) |
| (1) | A physician who recovers or transplants organs, etc. shall prepare records of ex post facto progress of the transplant recipient, as prescribed by Ordinance of the Ministry of Health and Welfare, and shall submit such records to the head of a medical institution that recovers or transplants relevant organs, etc. |
| (2) | The head of amedical institutionin receipt of records pursuant to paragraph (1) shall, as prescribed by Ordinance of the Ministry of Health and Welfare, notify the head of the National Organ Transplant Management Agency of the details of such recordsonce every six months within one year, and once annually within one year, from the transplant:Provided, That this shall not apply where it is impractical to prepare and submit the records because of refusal of treatment, or other grounds prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | The head of a medical institution that recovers organs, etc. of a brain-dead patient shall, without delay, give written notice to the chief of a competent District Public Prosecutors' Office or its branch office of such recovery. |
| Article 29 (Preservation of Records) |
| (1) | The head of an institution determining brain death shall maintain certificates of determinations of brain death and minutes of meetings under Article 18 (4) and other records relating to determinations of brain death prescribed by Ordinance of the Ministry of Health and Welfare for 15 years. |
| (2) | The head of a medical institution shall preserve records relating to recovery or transplantation of organs, etc., and ex post facto progress of the transplant recipient under Article 28 (1), as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | The head of the National Organ Transplant Management Agency shall establish a database and systematically manage the records received pursuant to Article 28 (2). |
| Article 30 (Perusal, etc. of Records) |
The head of a medical institution shall allow perusal or issuance copies of records relating to recovery or transplantation of organs, etc., in any of the following cases: Provided, That a request may be refused where a treating physician concludes that, if a person who donated organs, etc. or received a transplant learns of details of such records, it would substantially interfere with the person's treatment or recovery:
| 1. | Where a person who donated organs, etc. or his/her family member or surviving family member requests perusal of, or issuance of copies of, records relating to recovery of relevant organs, etc.; |
| 2. | Where a person who received a transplant or his/her family member or surviving family member requests perusal of, or issuance of copies of, records relating to transplantation of relevant organs, etc. |
| Article 31 (Confidentiality) |
| (1) | No person employed at the National Organ Transplant Management Agency, a registration organization, an institution determining brain death (including a medical institution under Article 16 (5)), a transplant hospital (including a medical institution under the proviso to Article 25 (3)), or a special organization for management of subjects of determination of brain death, and who is persons prescribed by Presidential Decree, shall engage in any of the following acts with any person, other than those who engage in registration of donors of relevant organs, etc., management of subjects of determination of brain death, procurement, recovery and transplantation of organs, etc., unless otherwise provided by this Act: |
| 1. | Revealing matters concerning organ donors, etc. and recovered organs, etc.; |
| 2. | Revealing matters concerning transplant recipients and transplanted organs, etc.; |
| 3. | Revealing matters concerning persons who wish to be organ donors, etc. and potential recipients of organs, etc. |
| (2) | Paragraph (1) shall not apply to any of the following cases: |
| 1. | Where a criminal investigative agency requests data relating to recovery or transplantation of organs, etc. for a criminal investigation; |
| 2. | Where a judge orders submission of data relating to recovery or transplantation of organs, etc., in connection with a trial; |
| 3. | Where a list of persons registered as persons who wish to be organ donors, etc. is provided to agencies issuing relevant certificates in order to give notation as to being persons who wish to be organ donors, etc. under Article 6 (2) 1. |
| 4. | Where a person who donated organs, etc. or a potential recipient of organs, etc. himself/herself agrees to provide the information for the purpose of public interest, such as public relations business for donation of organs, etc. |
CHAPTER Ⅳ ASSISTANCE FOR ORGAN DONORS, ETC.
| Article 32 (Assistance, etc. for Organ Donors, etc.) |
| (1) | The State may make payments for funeral expenses, medical expenses, and compensation within budget limits to any of the following persons: |
| 2. | Family members or surviving family members of organ donors, etc.; |
| (2) | Where an organ donor, etc. who is a worker donates organs, etc., the head of the agency where the worker is employed shall grant sick leave, if the worker is a public official, and the employer of the worker shall grant a paid leave, if the worker is not a public official, for the period of hospital stay needed for physical examination for donation of organs, etc. or for recovery of organs, etc. <Amended by Act No. 11976, Jul. 30, 2013> |
| (3) | Types of payments made under paragraph (1) and the procedure for payment shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 8008, Sep. 27, 2006]
| Article 33 (Assistance for National Organ Transplant Management Agency, etc.) |
The State or local governments may provide necessary budgets to the National Organ Transplant Management Agency, registration organizations, institutions determining brain death, special organizations for management of subjects of determination of brain death, organ procurement organizations, and transplant hospitals.
| Article 34 (Reporting, Inspections, etc.) |
| (1) | The Minister of Health and Welfare or the head of the National Organ Transplant Management Agency may issue necessary orders or may order reporting or submission of relevant documents to the heads of registration organizations, institutions determining brain death, special organizations for management of subjects of determination of brain death, organ procurement organizations, or transplant hospitals, or their employees, in connection with their duties, if deemed necessary for donation, recovery, transplant, etc. of organs, etc. . |
| (2) | The Minister of Health and Welfare or the head of the National Organ Transplant Management Agency may order relevant public officials to inspect relevant documents of registration organizations under paragraph (1). In such cases, relevant public officials in charge of inspection shall carry a certificate indicating their authority and present it. |
| (3) | In cases falling under paragraphs (1) and (2), the heads of registration organizations, institutions determining brain death, special organizations for management of subjects of determination of brain death, organ procurement organizations, or transplant hospitals, and their employees shall comply with such orders unless any justifiable ground exists. |
| Article 35 (Corrective Orders) |
Where the heads of registration organizations, institutions determining brain death, special organizations for management of subjects of determination of brain death, organ procurement organizations, or transplant hospitals, or their employees fall under any of the following subparagraphs, the Minister of Health and Welfare or the head of the National Organ Transplant Management Agency may order the head of a relevant organization to correct a violation within a set period:
| 1. | Failing to notify registration of an organ donor, etc. under Article 14 (3); |
| 2. | Failing to notify the results of registration and receipt of an application by a person who wishes to be an organ donor, etc. under Article 15 (2) and (4); |
| 3. | Failing to immediately appear at a scene and study the condition of a subject of determination of brain death under Article 18 (1); |
| 4. | Failing to forward copies of certificates of determinations of brain death and minutes of meetings, etc. under Article 18 (5) to the head of the National Organ Transplant Management Agency; |
| 5. | Failing to comply with a matter to be observed under Article 20 (3); |
| 6. | Failing to prepare records of recovery and transportation of organs, etc. and ex post facto progress of the transplant recipient of organs, etc. under Article 28 (1); |
| 7. | Failing to give notification under Article 28 (2) or (3). |
| Article 36 (Revocation of Designation, etc.) |
| (1) | Where a registration organization, an organ procurement organization, or a transplant hospital falls under any of the following subparagraphs, the Minister of Health and Welfare may revoke designation or order suspension of activities relating to registration of organ donors, etc. and to persons who wish to be organ donors, etc., procurement of organs, and recovery or transplantation of organs, etc., for a period of one year or less: |
| 1. | Failing to acquire facilities, equipment, or human resources under the former part of Article 13 (1), 20 (7) or 25 (2); |
| 2. | Registering organs, etc. not eligible for registration under the latter part of Article 13 (1); |
| 3. | Failing to comply with an order issued under Article 34 (1) or failing to cooperate with an inspection under paragraph (2) of the same Article. |
| (2) | Where an institution determining brain death falls under any of the following subparagraphs, the head of the National Organ Transplant Agency may order suspension of determinations of brain death for a period of three years or less: |
| 1. | Failing to acquire facilities, equipment, or human resources under Article 16 (2); |
| 2. | Failing to establish a brain death determination committee under Article 16 (2); |
| 3. | Making a determination of brain death in violation of Article 18; |
| 4. | Failing to comply with an order issued under Article 34 (1) or failing to cooperate with an inspection under paragraph (2) of the same Article; |
| 5. | Failing to comply with a corrective order Article 35; |
| 6. | Failing to report on discontinuation of making determinations of brain death under Article 37 (2); |
| 7. | Otherwise violating this Act or an order issued under this Act |
| (3) | Where a special organization for management of subjects ofdetermination of brain death falls under any of the following subparagraphs, the head of the National Organ Transplant Management Agency may revoke designation or order suspension of management of suspected brain-death patients for a period of one year or less. |
| 1. | Failing to fulfill the requirements under Article 19 (2); |
| 2. | Failing to comply with an order issued under Article 34 (1) or failing to cooperate with an inspection under paragraph (2) of the same Article; |
| 3. | Failing to comply with a corrective order under Article 35; |
| 4. | Failing to report on closure of organization or discontinuation of activities under Article 37 (1). |
| (4) | Where a registration organization, a special organization for management of subjects ofdetermination of brain death, an organ procurement organization, or a transplant hospital continues activities in violation of an order for suspension under paragraph (1) or (3), the Minister of Health and Welfare or the head of the National Organ Transplant Management Agency may revoke the designation thereof. |
| (5) | A registration organization, a special organization for management of subjects ofdetermination of brain death, an organ procurement organization, or a transplant hospital, the designation of which has been revoked under paragraph (1), (3) or (4), shall not obtain designation as a registration organization, a special organization for management of subjects ofdetermination of brain death, an organ procurement organization, or a transplant hospital within one year after the date of revocation of designation. |
| Article 37 (Reporting and Notifying Closure, etc. of Organization and Transfer of Data) |
| (1) | When a registration organization, a special organization for management of subjects ofdetermination of brain death, an organ procurement organization, or a transplant hospital intends to dissolve the organization or intends to discontinue registration of organ donors, etc. and the persons who wish to be organ donors, etc., management of subjects ofdetermination of brain death, procurement of organs, or recovery or transplantation of organs, such organization shall report to the Minister of Health and Welfare or the head of the National Organ Transplant Management Agency, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | When an institution determining brain death intends to discontinue making such determinations of brain death, it shall notify the head of the National Organ Transplant Management Agency thereof. |
| (3) | The head of a registration organization, an institution determining brain death, a special organization for management of subjects ofdetermination of brain death, an organ procurement organization or a transplant hospital which intends to dissolve the organization or intends to discontinue its activities under paragraph (1) or (2), or the head of a registration organization, an institution determining brain death, a special organization for management of subjects ofdetermination of brain death, or an organ procurement organization which receives a suspension order or the designation of which is revoked under Article 36, shall transfer relevant data to the head of the National Organ Transplant Management Agency, as prescribed by Presidential Decree. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 38 (Duty to Cooperate) |
The Minister of Health and Welfare or the head of the National Organ Transplant Management Agency may request the head of a relevant agency to take measures necessary for safe and prompt recovery, transportation, and transplantation of organs, etc. In such cases, the head of the relevant agency shall comply with such request unless any justifiable ground exists.
| Article 39 (Prohibition on Use of Name of National Organ Transplant Management Agency, etc.) |
No person, other than the National Organ Transplant Management Agency, registration organizations, institutions determining brain death, special organizations for management of subjects ofdetermination of brain death, organ procurement organizations, or transplant hospitals under this Act shall use such names.
| Article 40 (Delegation of Authority) |
The Minister of Health and Welfare may delegate any part of his/her authority under this Act to the head of a subordinate agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Presidential Decree.
The Minister of Health and Welfare or the head of the National Organ Transplant Management Agency shall hold a hearing when he/she intends to take measures for revocation pursuant to Article 36 (1), (3) and (4).
| Article 42 (Responsibility, etc. for Costs of Recovery and Transplantation of Organs, etc.) |
| (1) | Costs of recovery and transplantation of organs, etc. shall be borne by the person receiving transplantation of relevant organs, etc.: Provided, That costs borne by the person receiving a transplant shall be prescribed by other Acts and subordinate statutes, if such other Acts and subordinate statutes expressly provide otherwise for payment of costs by persons receiving a transplant. |
| (1) | A person who intends to register as a potential recipient of organ, etc. shall pay fees to the head of a registration organization. |
| (2) | Matters necessary for amounts, etc. fees under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER Ⅶ PENAL PROVISIONS
| Article 44 (Penal Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment for life or imprisonment for not less than two years: |
| 1. | A person who recovers or transplants an organ, etc. infected by acommunicablepathogen, affected by cancer cells, or at risk of causing harm to the life or body of a transplant recipient, in violation of Article 11 (1); |
| 2. | A person who recovers an organ, etc. for which no transplant recipient has been selected, in violation of Article 11 (2); |
| 3. | A person who recovers an organ, etc. from a person falling under any subparagraph of Article 11 (3), in violation of the same paragraph; |
| 4. | A person who recovers an organ, etc. from a minor under 16 years of age, in violation of Article 11 (4); |
| 5. | A person who recovers an organ, etc. which may not be recovered from a living person, in violation of Article 11 (5); |
| 6. | A persons who recovers an organ, etc. from a person who is not determined brain dead under Article 18; |
| 7. | A person who determines brain death in violation of Article 18 (2); |
| 8. | A person who recovers an organ, etc. without obtaining consent of a donor, in violation of Article 22 (1) or (2); |
| 9. | A person who recovers an organ, etc. from a brain-dead patient, in violation of Article 22(3). |
| (2) | A person who violates any subparagraphs of paragraph (1), thereby causingthe death of another shall be punished by capital punishment, the imprisonment for life, or imprisonment for not less than five years. |
| Article 45 (Penal Provisions) |
| (1) | A person who gives or receives or promises to give or receive an organ, etc., or a person who abets, assists, or aids in giving or receiving an organ, etc., in violation of Article 7 (1) 1 or 3, or who recovers or transplants an organ, etc. in violation of paragraph (3) of the same Article shall be punished by imprisonment for not less than two years. |
| (2) | A person who gives or receives or promises to give or receive an organ, etc. in violation of Article 7 (1) 2 or who abets, assists, or aids in any act falling under paragraph (1) 1 or 2 of the same Article in violation of paragraph (2) of the same Article shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 50 million won or may be punished by both. |
| (3) | A person who receives money, any financial benefit, or other consideration in relation to selection or approval of selection of a transplant recipient under Article 26 (1) through (3) shall be punished by imprisonment for not more than 7 years or by a fine not exceeding 30 million won or may be punished by both. |
| (4) | Money or financial benefit received in committing any offense prescribed in paragraphs (1) through (3) shall be confiscated: Provided, That, where such confiscation is unfeasible, an amount equivalent to the value thereof shall be collected. |
| Article 46 (Penal Provisions) |
| (1) | When a specialist under Article 18 (1) or a physician in charge of treatment falsely prepares a brain death examination report and makes a determination of brain death on a person who is not brain dead, he/she shall be punished by imprisonment for not less than one year. |
| (2) | A person who commits an offense prescribed in paragraph (1), thereby causingan injury to another shall be punished by imprisonment for not less than two years. |
| (3) | A person who commits an offense prescribed in paragraph (1), thereby causing death of another shall be punished by capital punishment, the imprisonment for life, or imprisonment for not less than five years. |
| Article 47 (Penal Provisions) |
| (1) | When a specialist under Article 18 (1) or a physician in charge of treatment negligently prepares a brain death examination report and makes a determination of brain death on a person who is not brain dead, he/she shall be punished by imprisonment without labor for not more than five years or by a fine not exceeding 20 million won. |
| (2) | A person who commits an offense prescribed in paragraph (1), thereby causing an injury to another shall be punished by imprisonment without labor for not more than seven years or by a fine not exceeding 30 million won. |
| (3) | A person who commits an offense prescribed in paragraph (1), thereby causing death of another shall be punished by imprisonment without labor for not more than 10 years or by a fine not exceeding 50 million won. |
| Article 48 (Penal Provisions) |
Any of the following persons shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won:
| 1. | The head of a medical institution who makes a determination of brain death without notifying the head of the National Organ Transplant Management Agency, in violation of Article 16 (1), or who makes a determination of brain death during the period of suspension of determinations of brain death under Article 36 (2); |
| 2. | The head of a medical institution who makes a determination of brain death without acquiring facilities, equipment, or human resources under Article 16 (2) or (3) or without establishing a brain death determination committee: Provided, That this shall not apply where a brain death determination committee, installed in an institution determining brain death, makes determinations of brain death under the proviso to Article 16 (4). |
| 3. | A person who recovers an organ, etc. from a deceased person, in violation of Article 22 (3); |
| 4. | A person who recovers or transplants an organ, etc. in violation of Article 25 (3); |
| 5. | A person who selects a transplant recipient failing to comply with the criteria for selection of transplant recipients, in violation of the former part of Article 26 (1); |
| 6. | A person who selects a transplant recipient or transplants organs, etc. in violation of Article 26 (4); |
| 7. | A person who recovers an organ, etc. of a brain-dead person or participates in transplant surgery, in violation of Article 27. |
| Article 49 (Penal Provisions) |
Any of the following persons shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won:
| 1. | A person who fails to notify the grounds for selection of a transplant recipient and the results of such selection to the head of the National Organ Transplant Management Agency, in violation of the latter part of Article 26 (2); |
| 2. | A person who fails to notify the recovery of organs, etc. from a brain-dead person to the chief of a competent District Public Prosecutors' Office or its brand office, in violation of Article 28 (3); |
| 3. | A person who engages in any act falling under any subparagraphs of Article 31 (1), in violation of Article 31. |
| Article 50 (Penal Provisions) |
Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won:
| 1. | A person who negligently recovers or transplants an organ, etc. infected by a communicable pathogen, affected by cancer cells, or unsuitable for transplantation, in violation of Article 11 (1); |
| 2. | A person who registers organ donors, etc. without obtaining designation as a registration organization, in violation of Article 13 (1); |
| 3. | A person who fails to forward copies of a certificate of determinations of brain death and minutes of a meeting and relevant data to the head of the National Organ Transplant Management Agency, in violation of Article 18 (5); |
| 4. | A person who recovers an organ, etc. in violation of Article 24; |
| 5. | A person who selects a transplant recipient and donates an organ, etc. without obtaining approval from the head of the National Organ Transplant Management Agency, in violation of Article 26 (3); |
| 6. | A person who fails to prepare, or falsely prepares, records relating to recovery or transplantation of organs, etc., in violation of Article 28 (1); |
| 7. | A person who fails to preserve records relating to determinations of brain death, including certificates of determinations of brain death, for 15 years, in violation of Article 29 (1); |
| 8. | A person who fails to preserve records relating to recovery or transplantation of organs, etc., in violation of Article 29 (2). |
| Article 51 (Concurrent Imposition of Suspension of Qualifications) |
Where a person who violates this Act is punished by imprisonment for a limited term, suspension of qualifications for not more than ten years may be concurrently imposed.
| Article 52 (Joint Penal Provision) |
When a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an violation under Articles 45 (2) or (3), and 47 through 50 in connection with the business of the corporation or the individual, the corporation or the individual shall be punished by a fine under respective Articles, in addition to punishment of such violator: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
| Article 53 (Fines for Negligence) |
| (1) | Any of the following persons shall be punished by a fine for negligence not exceeding five million won: |
| 1. | A person who fails to comply with a request for rectification, in violation of Article 3 (3); |
| 2. | A person who fails to record, or falsely record, ex post facto progress, in violation of Article 28 (1); |
| 3. | A person who fails to preserve records of ex post facto progress, in violation of Article 29 (2). |
| (2) | Any of the following persons shall be punished by a fine for negligence not exceeding three million won: |
| 1. | A person who fails to notify the results of registration to the head of the National Organ Transplant Management Agency, in violation of Article 14 (3) or 15 (2); |
| 2. | A person who fails to notify of or report on a suspected brain-dead patient, in violation of Article 17 (1); |
| 3. | A person who fails to confirm consent, approval or the identity of a donor or fails to provide necessary explanation, in violation of Article 23; |
| 4. | A person who fails to notify selection of a transplant recipient to an organ donor, etc., a transplant recipient, and his/her family member or surviving family member, in violation of the latter part of Article 26 (1) or the latter part of paragraph (2) of the same Article; |
| 5. | A person who fails to transfer relevant data to the head of the National Organ Transplant Management Agency, in violation of Article 37 (3). |
| (3) | Any of the following persons shall be punished by a fine for negligence not exceeding two million won: |
| 1. | A person who fails to carry out an order under Article 34 (1) or who refuses, interferes with, or evades an inspection under paragraph (2) of the same Article; |
| 2. | A person who uses a name that includes the words "National Organ Transplant Management Agency," "registration organization" "institution determining brain death," "special organization for management of subjects ofdetermination of brain death", "organ procurement organization", or "transplant hospital," in violation of Article 39. |
| (4) | Any of the following persons shall be punished by a fine for negligence not exceeding one million won: |
| 1. | A person who fails to cancel the registration, in violation of Article 14 (5) or 15 (6); |
| 2. | A person who fails to comply with a request for perusal of, or issuance of copies of, records, in violation of Article 30; |
| 3. | A person who fails to report or notify, as prescribed in Article 37 (1) or (2). |
| Article 54 (Procedures for Imposition and Collection of Fines for Negligence) |
Fines for negligence under Article 53 shall be imposed and collected by the Minister of Health and Welfare or the head of a subordinate agency.
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.) |
| (2) | (Relationship with other Acts and Subordinate Statutes) Where other Acts and subordinate statues cite the previous provisions of the Internal Organs, etc. Transplant Act as at the time this Act enters into force, it shall be deemed a citation of the relevant provisions of this Act in lieu of the previous provisions, if provisions corresponding thereto exist herein. |
ADDENDA <Act No. 11005, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11976, Jul. 30, 2013>
This Act shall enter into force six months after the date of its promulgation.