Law Viewer

Back Home

ENFORCEMENT DECREE OF THE KOREA FOUNDATION FOR INTERNATIONAL HEALTHCARE ACT

Presidential Decree No. 19408, Mar. 24, 2006

Amended by Presidential Decree No. 20679, Feb. 29, 2008

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 23672, Mar. 21, 2012

Presidential Decree No. 24454, Mar. 23, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25808, Dec. 3, 2014

Presidential Decree No. 27332, Jul. 12, 2016

 Article 1 (Purpose)
The purpose of this Presidential Decree is to prescribe the mandates of the Korea Foundation for International Healthcare Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 2 (Immigrant Workers, etc.)
"Others prescribed by the Presidential Decree" in subparagraph 2 of Article 2 of the Korea Foundation for International Healthcare Act (hereinafter referred to as the "Act") refers to those who fall under any of the following subparagraphs:
1. Those who provide labor to a business in Korea;
2. Those who intend to provide labor to a business or establishment in Korea;
3. Those who do not fall under subparagraph 1 or 2, but fall under subparagraph 26, subparagraph 27 (a) and (b) or subparagraph 28 of Table 1 attached to the Enforcement Decree of the Immigration Control Act.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 3 (Ex officio Members of Board)
"Ex officio members of the Board whose number is not more than 5 prescribed by the Presidential Decree" in Article 8 (4) of the Act refers to the government officials of Grade 3 or higher, each of whom is appointed by the head of the Ministry of Foreign Affairs, Ministry of Unification, Ministry of Health and Welfare, or Ministry of Employment and Labor. <Amended by Presidential Decree No. 24454, Mar. 23, 2013>
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 4 (Secondment of Government Officials)
(1) The Korea Foundation for International Healthcare (hereinafter referred to as "KOFIH") under Article 3 of the Act shall indicate the position and duties to be assigned, specialty field, and required qualifications of the government official for secondment when requesting a national agency to dispatch government officials under Article 15 (1) of the Act.
(2) The KOFIH may pay remuneration to the government officials dispatched for the assigned duties as stipulated in its articles of association.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 5 (Government Contributions)
(1) Where the Minister of Health and Welfare intends to make a contribution to the KOFIH pursuant to Article 17 (1) of the Act, he/she shall examine the budget request for government contributions submitted by the KOFIH under paragraph (2) and reflect the same in the budget.
(2) The KOFIH shall submit the budget request for government contributions for the following year as well as the following documents to the Minister of Health and Welfare by every March 30:
1. Plans for programs and funds receipts and disbursements, for the following year;
2. Estimated balance sheet and estimated income statement for the following year;
3. Other documents required to clarify the budget request for government contributions.
(3) The Minister of Health and Welfare shall notify the KOFIH upon budget finalization for the government contributions under paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 6 (Grant of Government Contributions)
(1) If the KOFIH intends to receive government contributions, it shall attach the quarterly program and budget execution plans to the application form for contributions and submit them to the Minister of Health and Welfare 15 days before the beginning of the pertinent quarter.
(2) Upon receipt of an application under paragraph (1), the Minister of Health and Welfare shall grant government contributions where the quarterly program and budget execution plans are deemed feasible.
(3) The KOFIH shall report quarterly program performance and budget execution results to the Minister of Health and Welfare by the 15th day of the following month after the end of each quarter.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 7 (Acceptance Procedures for Collected Donations)
(1) The KOFIH shall issue a receipt to a donor when accepting cash and valuable donations under Article 18 of the Act: Provided, That the KOFIH may not issue a receipt if the donation is made anonymously or the donor is not known.
(2) Where a donor under paragraph (1) designates a specific purpose for his/her donations, the KOFIH shall use them only for the designated purpose.
(3) Notwithstanding paragraph (2), where there exist any special circumstances that make it difficult for the KOFIH to use the donations for the designated purpose, the KOFIH may use them for any other purpose with the consent of the donor: Provided, That where such donation is made anonymously, the donor is unknown, or any other unavoidable circumstances exist, the KOFIH may use the donations for any other purpose at least seven days after posting such fact on the bulletin board and website of the KOFIH.
(4) The KOFIH shall prepare a book of the current status of acceptance and records on the use of cash and valuable donations to let donors persue the book.
(5) The KOFIH shall set up and manage an account separately designated for cash and valuable donations.
[This Article Wholly Amended by Presidential Decree No. 27332, Jul. 12, 2016]
 Article 8 (Application for Loan Approval)
(1) The KOFIH shall submit a written application containing the following information to the Minister of Health and Welfare if it intends to obtain approval for a loan under Article 19 of the Act:
1. Purpose of the loan;
2. Amount of the loan;
3. Lender;
4. Terms and conditions;
5. Repayment method and maturity of the loan;
6. Other arrangements for borrowing and repaying funds.
(2) A cumulative amount of the loan (including its interest) under paragraph (1) shall not exceed 50 percent of the annual budget of the KOFIH.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 9 (Free Lending of State Property)
In a case where the KOFIH is allowed to borrow, use, or profit from the State property and commodities free of charge under Article 20 of the Act, the content, terms and procedures thereof shall be determined by the contract between the agency in charge of the management of the pertinent State property and the KOFIH.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 10 (Approval of Program and Budget Plans)
(1) If the KOFIH intends to obtain approval for its program and budget plans under the first part of Article 22 (1) of the Act, it shall submit such plans for the following year and the following documents by December 31 of every year to the Minister of Health and Welfare:
1. Estimated balance sheet and its detailed statement;
2. Estimated income statement and its detailed statement.
(2) If the KOFIH intends to change its program and budget plans under the latter part of Article 22 (1) of the Act, it shall submit the new program and budget plans, together with the documents in the subparagraphs of paragraph (1), to the Minister of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 11 (Submission of Closing Statement and Program Performance Report)
The KOFIH shall attach the following documents to the closing statement of revenue and expenditure and program performance report for every business year when submitting them to the Minister of Health and Welfare:
1. Table comparing the business plan for the pertinent year with its execution records;
2. Balance sheet and income statement for the pertinent year;
3. Written opinion of the KOFIH Auditor;
4. Documentary evidence for settlement of accounts and program performance.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 12 (Surplus Disposal)
For the surplus after settlement of accounts at the end of every business year, the KOFIH shall use them to cover the losses brought forward, and the remainder shall be carried over to the following year.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 13 (Corrective Order)
Where the Minister of Health and Welfare intends to order the KOFIH to take necessary measures, including correction, under Article 24 (5) of the Act, he/she shall notify the KOFIH of the details of the violation, matters to be corrected and due date for correction in a written form.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
 Article 13-2 (Handling of Personally Identifiable Information)
The Minister of Health and Welfare may handle data including resident registration numbers where necessary to perform the following affairs, as prescribed in Article 19 (1) of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs related to the verification of the grounds for disqualification of executives under Article 9 of the Act;
2. Affairs related to the dismissal of executives under Article 25 of the Act.
[This Article Newly Inserted by Presidential Decree No. 25808, Dec. 3, 2014]
 Article 13-3 Deleted. <by Presidential Decree No. 27332, Jul. 12, 2016>
 Article 14 (Criteria for Imposition of Administrative Fines)
Administrative fines under Article 31 (1) of the Act shall be imposed based on the criteria specified in the Attached table.
[This Article Wholly Amended by Presidential Decree No. 23672, Mar. 21, 2012]
ADDENDUM
This Decree shall enter into force on the date of its promulgation.
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. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23672, Mar. 21, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24454, Mar. 13, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25808, Dec. 3, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27332, Jul. 12, 2016>
This Decree shall enter into force on August 4, 2016.