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KOREA FOUNDATION FOR INTERNATIONAL HEALTHCARE ACT

Act No. 7737, Dec. 23, 2005

Amended by Act No. 8490, May 25, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9932, Jan. 18, 2010

Act No. 14010, Feb. 3, 2016

Act No. 14699, Mar. 21, 2017

 Article 1 (Purpose)
The purpose of this Act is to contribute to promoting international cooperation and realizing humanitarianism by establishing the Korea Foundation for International Healthcare, which shall operate healthcare assistance programs for foreign countries including developing countries, northern side of the military demarcation line (hereinafter referred to as "North Korea"), overseas Koreans, immigrant workers in Korea, etc.
 Article 2 (Definitions)
Definitions of the terms used in this Act are as follows:
1. "Overseas Koreans" refer to those who have the line of descent from Korea and live in foreign countries regardless of their nationality;
2. "Immigrant workers, etc." refer to those who do not have the nationality of the Republic of Korea and provide labor to the establishment located in Korea, and others prescribed by the Presidential Decree.
 Article 3 (Legal Personality)
The Korea Foundation for International Healthcare (hereinafter referred to as "KOFIH") shall be a legal entity.
 Article 4 (Establishment)
(1) The KOFIH shall be established by registering its establishment in the location of its main office.
(2) The following information shall be included in the registration of the establishment under paragraph (1):
1. Purpose;
2. Name;
3. Main office;
4. Names and addresses of executives;
5. Notice method.
(3) Provisions on the registration of foundations in the Civil Act shall apply to other types of registration.
 Article 5 (Establishment of Office)
(1) The location of the KOFIH's main office shall be prescribed by its articles of association.
(2) The KOFIH may establish branches in and out of Korea if necessary, after obtaining approval from the Minister of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Amended by Act No. 9932, Jan. 18, 2010>
 Article 6 (Articles of Association)
(1) The following information shall be stated in the articles of association of the KOFIH:
1. Purpose;
2. Name;
3. Information on the main office and branches;
4. Information on programs;
5. Information on property and accounting;
6. Information on executives and staff;
7. Information on the board of directors;
8. Information on changes in the articles of association;
9. Information on establishment, amendment and abolishment of internal regulations;
10. Information on notice.
(2) If the KOFIH intends to revise its articles of association, it shall obtain approval from the Minister of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Amended by Act No. 9932, Jan. 18, 2010>
 Article 7 (Programs of KOFIH)
The KOFIH shall implement the following programs to fulfill the purpose stated in Article 1. <Amended by Act No. 8490, May 25, 2007>
1. Programs for improving the healthcare conditions of foreign countries, including developing countries, North Korea, etc:
(a) Provision and modernization of healthcare facilities;
(b) Provision of medical supplies, medicine, etc;
(c) Invitation and training of healthcare workforce;
(d) Secondment of healthcare workforce;
(e) Support for aid organizations and agencies relating to the field of healthcare;
(f) Emergency support of medical workforce, medical equipment, medicine, etc. in response to disasters or calamities;
(g) Other assistance programs to improve the healthcare conditions;
2. Programs for improving the healthcare conditions of overseas Koreans, immigrant workers, etc:
(a) Provision of medical consultation, disease prevention service, etc;
(b) Support for relevant aid organizations and agencies;
(c) Survey and research, and system development for better healthcare services;
3. Programs for promoting international cooperation in the field of healthcare:
(a) Organization, support and participation of events for exchanges and cooperation in healthcare;
(b) Secondment and invitation of personnel for exchanges and cooperation in healthcare;
(c) Survey and research, and dissemination of its findings on international healthcare cooperation;
(d) Other programs necessary to promote international cooperation in healthcare;
4. Programs commissioned by the government;
5. Memorial programs for those who made an outstanding contribution to health promotion and disease eradication for the humankind;
6. Education, publicity and other accompanying projects associated with the programs stated in subparagraphs 1 through 3.
 Article 8 (Executive Officers)
(1) KOFIH shall have up to 15 Board members, including one Chairperson, and one Auditor. <Amended by Act No. 14010, Feb. 3, 2016>
(2) The Chairperson and executive officers, except the Board member who concurrently serves as Secretary General, shall be non-standing members. <Amended by Act No. 14010, Feb. 3, 2016>
(3) The Chairperson shall be appointed by President of the Republic of Korea with the recommendation of the Minister of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 14010, Feb. 3, 2016>
(4) Members of the Board, except the ex officio members of the Board whose number is not more than 5 prescribed by the Presidential Decree, shall be appointed by the Minister of Health and Welfare with the recommendation of the Chairperson. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 14010, Feb. 3, 2016>
(5) A Secretary General shall be appointed by the Chairperson from among the Board members with the consent of the Board of Directors. <Amended by Act No. 14010, Feb. 3, 2016>
(6) The Auditor shall be appointed by the Minister of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(7) Terms of office for the Chairperson and members of the Board shall be 3 years, and they may serve consecutive terms. <Amended by Act No. 14010, Feb. 3, 2016>
(8) The term of office for the Auditor shall be 3 years, and he/she may serve only two consecutive terms.
 Article 9 (Disqualification of Executive Officers)
Any of the following persons shall not serve as an executive officer of the KOFIH: <Amended by Act No. 14010, Feb. 3, 2016>
1. A person under adult guardianship or under limited guardianship;
2. A bankrupt who has not been reinstated;
3. A person for whom three years have not passed since he/she was sentenced to imprisonment or to a heavier punishment and the execution thereof was completed (including the cases where the execution is considered to have been completed) or exempt;
4. A person who is in the suspension period after being given a suspended sentence to imprisonment or to a heavier punishment;
5. A person whose qualifications have been lost or suspended by a court decision or under other statutes.
 Article 10 (Responsibilities of Executive Officers)
(1) The President shall represent the KOFIH, exercise overall control over its activities, and provide guidance and supervision for its staff. <Amended by Act No. 14010, Feb. 3, 2016>
(2) The Auditor shall audit the status of accounting, budget execution and property of the KOFIH, and shall report the results to the Board of Directors and Minister of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 11 (Restriction on Concurrent Offices)
Staff of the KOFIH shall not engage in a business other than their duties for the purpose of making a profit, and shall not take concurrent offices without approval of the President. <Amended by Act No. 14010, Feb. 3, 2016>
 Article 12 (Board of Directors)
(1) The KOFIH shall have the Board of Directors to consider and decide on the matters important to the work of KOFIH.
(2) The Board of Directors shall be composed of the Chairperson and Board members. <Amended by Act No. 14010, Feb. 3, 2016>
(3) The Chairperson shall convene Board meetings, and serve as the chair. <Amended by Act No. 14010, Feb. 3, 2016>
(4) The Chairperson shall convene a Board meeting when 1/3 or more of incumbent members of the Board request a Board meeting with an explicit purpose of the meeting. <Amended by Act No. 14010, Feb. 3, 2016>
(5) The Auditor may attend a Board meeting and state his/her opinion.
 Article 13 (Appointment and Dismissal of Staff)
The Chairperson shall appoint or dismiss staff members under the Articles of Incorporation. <Amended by Act No. 14010, Feb. 3, 2016>
 Article 14 (Organization)
For the purpose of fulfilling its duties, the KOFIH shall have one Secretary General, and staff and business units as necessary.
 Article 15 (Secondment of Government Officials)
(1) The KOFIH may request the national agencies, through the Minister of Health and Welfare, to dispatch government officials where it is necessary to achieve its establishment purpose. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) Upon receipt of a request under paragraph (1), the head of the agency may dispatch its officials to the KOFIH.
 Article 16 (Operating Funds)
The KOFIH operates on government contributions and subsidies, cash or valuable donations under Article 18, loans under Article 19, and other revenues.
 Article 17 (Contributions)
(1) The State may make contributions within the budget to cover the expenses associated with the establishment and operation of the KOFIH.
(2) Matters necessary for the provision and use of the contributions under paragraph (1) shall be prescribed by the Presidential Decree.
 Article 18 (Collecting Donations)
(1) The KOFIH may accept cash or valuable donations voluntarily made within the scope satisfying the purpose of its programs.
(2) Matters concerning the procedures to accept cash or valuable donations under paragraph (1) shall be prescribed by the Presidential Decree.
[This Article Wholly Amended by Act No. 14010, Feb. 3, 2016]
 Article 19 (Loans)
The KOFIH may take out loans after obtaining approval from the Minister of Health and Welfare to finance the programs under Article 7 (including loans from international organizations, foreign governments or foreigners). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 20 (Free Lending of State Property)
(1) Notwithstanding the State Property Act and Commodity Management Act, the State may allow the KOFIH to borrow, use or profit from State property and commodities free of charge, where it is necessary for the establishment and operation of the KOFIH.
(2) Notwithstanding the Commodity Management Act, the State may transfer commodities to the KOFIH free of charge if necessary for the operation of the KOFIH. <Newly Inserted by Act No. 8490, May 25, 2007>
 Article 21 (Business Year)
The business year of the KOFIH shall coincide with the fiscal year of the State.
 Article 22 (Approval for Program Plan and Budget)
(1) The KOFIH shall prepare its program and budget plans for every business year in accordance with Presidential Decree, and obtain approval from the Minister of Health and Welfare. This shall also apply to any proposed changes. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) If the Minister of Health and Welfare intends to approve, or make changes to, the program and budget plans under paragraph (1), prior consultation shall be made with the heads of the relevant central administrative agencies. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 23 (Submission of Closing Statement and Program Performance Report)
The KOFIH shall prepare and submit the closing statement on its revenue and expenditure and program performance report for every business year to the Minister of Health and Welfare by the end of February of the following business year. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 24 (Guidance and Supervision of Duties)
(1) The Minister of Health and Welfare shall guide and supervise the KOFIH. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) The Minister of Health and Welfare shall have a prior consultation with the heads of the relevant central administrative agencies where deemed necessary to provide guidance and supervision for the program implementation under Article 7. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) The Minister of Health and Welfare may order the KOFIH to report on the matters regarding its duties, accounting, and assets or to submit relevant documents. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) The Minister of Health and Welfare may have its officials inspect the books, documents, and other belongings of the KOFIH. In this case, the government officials in charge shall carry an identification indicating his/her authority and show it to interested persons. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(5) The Minister of Health and Welfare may order necessary measures including correction, where he/she finds a violation of this Act or the articles of association in the course of guidance and supervision under paragraphs (1) through (4). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 25 (Dismissal of Executives)
(1) Any executive falling under any subparagraph of Article 9 shall resign from the KOFIH.
(2) The President of the Republic of Korea may dismiss the Chairperson of the Board of Directors when he/she falls under any of the following: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 14010, Feb. 3, 2016>
1. An apparently illegal act or accounting fraud is found;
2. Major duties of the KOFIH are falsely reported to the Minister of Health and Welfare, or false documents are submitted;
3. Reputation or property of the KOFIH is damaged by intention or gross negligence;
4. Orders of the Minister of Health and Welfare made under this Act are not followed without reasonable grounds.
(3) The Minister of Health and Welfare may recommend that the President of the Republic of Korea dismiss the Chairperson of the Board of Directors when he/she falls under any of the subparagraphs of paragraph (2); <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 14010, Feb. 3, 2016>
(4) The Minister of Health and Welfare may dismiss the executive (excluding the Chairperson and ex officio members of the Board in accordance with Article 8 (4)) who falls under any of the subparagraphs of paragraph (2). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 14010, Feb. 3, 2016>
 Article 26 (Confidentiality)
Any person who serves or served as an executive or staff member shall not disclose confidential information obtained while performing his/her duties.
 Article 27 (Prohibition on Use of Similar Names)
Any person other than the KOFIH under this Act shall not use the name of KOFIH or other similar names.
 Article 28 (Mutatis Mutandis Application of Civil Act)
Except those provided for in this Act, the provisions governing foundations in the Civil Act shall apply mutatis mutandis to the matters on the KOFIH.
 Article 29 (Legal Fiction as Public Official in Penalty Application)
In applying Articles 129 through 132 of the Criminal Act, executive and staff members of the KOFIH shall be considered to be government officials.
 Article 30 (Penalty Provisions)
Those who violate the provisions of Article 26 shall face imprisonment with labor of up to two years or fines of up to 20 million won. <Amended by Act No. 14699, Mar. 21, 2017>
 Article 31 (Administrative Fines)
(1) Those who violate the provisions of Article 27 shall face administrative fines of up to 5 million won.
(2) The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Those dissatisfied with the administrative fines imposed under paragraph (2) may raise an objection to the Minister of Health and Welfare within 30 days from the receipt of such notification. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) In a case where any person who faces administrative fines under paragraph (2) raises an objection under paragraph (3), the Minister of Health and Welfare shall immediately notify the fact to the competent court, which shall, in turn, hold a trial on the administrative fines under the Non-Contentious Case Procedure Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(5) Administrative fines not paid without any objection within the period under paragraph (3) shall be collected in the same manner as delinquent national taxes are collected.
ADDENDA
Article 1 (Date of Enforcement)
This Act shall enter into force three months after its promulgation.
Article 2 (Preparation of Establishment)
(1) The Minister of Health and Welfare shall appoint not more than 7 establishment committee members to have them fulfill duties for the establishment within 30 days from the enforcement date of this Act.
(2) The establishment committee members shall prepare the articles of association of the KOFIH and obtain approval from the Minister of Health and Welfare.
(3) The establishment committee members shall register the KOFIH establishment with joint signature right after obtaining approval under paragraph (2).
(4) The Minister of Health and Welfare shall transfer the duties to the President of the KOFIH right after the registration of the KOFIH establishment.
(5) The establishment committee members shall be considered to have been dismissed upon completion of the transfer of the duties under paragraph (4).
Article 3 (Expenses for Establishment)
Expenses associated with the establishment of the KOFIH shall be covered by the Korean International Foundation for Health and Development (hereinafter referred to as "KIFHAD").
Article 4 (Succession of Rights and Obligations)
(1) KIFHAD may submit an application for approval to the Minister of Health and Welfare to allow the KOFIH to succeed all its property and rights and obligations through the voting of the Board of Directors.
(2) Notwithstanding the provisions on dissolution and liquidation of corporations in the Civil Act, KIFHAD which obtained approval for the application under paragraph (1) shall be considered to have been dissolved upon establishment of the KOFIH. In this case, all the property and rights and obligations of the KIFHAD shall be succeeded by the KOFIH.
(3) Government subsidies at the time of dissolution of the KIFHAD shall be considered to have been granted to the KOFIH on the date of dissolution.
(4) The name of the KIFHAD indicated on the register and other books relating to the property and rights and obligations generally succeeded under paragraph (2) shall be deemed to be the name of the KOFIH upon establishment of the KOFIH.
(5) The value of the property succeeded generally under paragraph (2) shall be the book value of the day before the date of registration of the establishment.
(6) Any acts by or against the KIFHAD before the establishment of the KOFIH shall be considered to be acts by or against the KOFIH.
ADDENDUM <Act No. 8490, May 25, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Date of Enforcement)
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 (Date of Enforcement)
This Act shall enter into force two months after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 14010, Feb. 3, 2016>
Article 1 (Date of Enforcement)
This Act shall enter into force six months after its promulgation.
Article 2 (Transitional Measures concerning President)
The President of KIFHAD appointed pursuant to the previous provisions as at the time this Act enters into force shall be deemed the Chairperson of the Board of Directors of KIFHAD: Provided, That his/her term of office shall be calculated beginning on the date of the appointment pursuant to the previous provisions.
Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 9, the previous provisions shall apply to a person for whom the declaration of incompetence or quasi-incompetence remains effective pursuant to Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Act No. 14699, Mar. 21, 2017>
This Act shall enter into force six months after its promulgation.