MILITARY HEALTH AND MEDICAL SERVICES ACT
Act No. 11389, Mar. 21, 2012
Amended by Act No. 12399, Mar. 11, 2014
Act No. 12554, May 9, 2014
Act No. 13502, Sep. 1, 2015
Act No. 15047, Nov. 28, 2017
The purpose of this Act is to provide high quality health and medical services to military personnel, etc. and to contribute to developing military health and medical services and enhancing military power, by providing for matters concerning the military health and medical system and policy for healthy military life of military personnel and civilian personnel in the military service.
The definitions of the terms used in this Act shall be as follows:
| 2. | The term "military health and medical service" means any activity conducted by the State, local governments, health and medical services institutions, military health and medical services institutions, military health and medical services personnel, etc. in order to protect and improve the health of military personnel, etc.; |
| 3. | The term "military health and medical services personnel" means a person prescribed by Presidential Decree who has been qualified, licensed, etc., or has been permitted to provide various health and medical services at military health and medical services institutions, as prescribed by related statutes; |
| 4. | The term "military health and medical services institution" means a health and medical services institution under the control of the Ministry of National Defense or the Republic of Korea Army, Navy, and Air Force, such as a military hospital and a medical corps. |
| Article 3 (Relationship to Other Acts) |
Except as otherwise provided for in other Acts, this Act shall apply to health and medical services to military personnel, etc.
| Article 4 (Responsibilities of the State) |
| (1) | The State shall devise various measures concerning military health and medical services so that military personnel, etc. may live a healthy military life. |
| (2) | The State shall build various legal and institutional systems for improving the health of military personnel, etc and for preventing and treating various diseases and injuries and shall secure funds necessary therefor. |
| Article 5 (Guarantee of Right of Access to Health and Medical Services) |
| (1) | Military personnel, etc. shall be entitled to receive optimal health and medical services necessary to protect and improve their health. |
| (2) | Military health and medical services personnel shall perform their duties in a sincere and kind way and shall endeavor to provide high quality health and medical services. |
| (3) | Where senior officers of military personnel, etc. and military health and medical services personnel are requested to provide medical treatment by military personnel, etc., or where military personnel, etc. need medical treatment, they shall take appropriate measures and shall neither refuse nor evade any request for medical treatment without good cause. |
| (4) | With respect to treating patients, Military personnel, etc. shall actively support health and medical services personnel in their medical services and shall not interfere with their medical services. |
| (5) | The Minister of National Defense may provide military personnel, etc. with health education to increase their understanding of health and medical services under paragraph (1), as prescribed by Presidential Decree. |
| Article 6 (Formulation and Implementation of Military Health and Medical Services Development Plans) |
| (1) | The Minister of National Defense shall formulate and implement a military health and medical services development plan every three years. |
| (2) | A military health and medical services development plan under paragraph (1) shall include the following: |
| 1. | Basic objectives and direction-setting to improve military health and medical services; |
| 2. | Matters concerning the training of military health and medical services personnel and the securing of human resources therefor; |
| 3. | Matters concerning the securing of funds necessary for improving military health and medical services; |
| 4. | Other matters concerning the improvement of military health and medical services. |
| (3) | The Minister of National Defense shall finalize a military health and medical services development plan, following deliberation by the Military Health and Medical Services Improvement Promotion Committee under Article 7. |
| (4) | The Minister of National Defense shall inspect the progress of a military health and medical services development plan every year. |
| Article 7 (Military Health and Medical Services Improvement Promotion Committee) |
The Military Health and Medical Services Improvement Promotion Committee (hereinafter referred to as the "Committee") shall be established under the Ministry of National Defense to deliberate on the following matters concerning military health and medical services:
| 1. | Matters concerning the formulation of a military health and medical services development plan; |
| 2. | Matters concerning military health and medical services policies; |
| 3. | Matters concerning the improvement of the military health and medical services system; |
| 4. | Other matters submitted to the Committee for deliberation by the Chairperson of the Committee. |
| Article 8 (Composition of the Committee) |
| (1) | The Committee shall be comprised of not more than 12 members including one Chairperson. |
| (2) | The Vice Minister of National Defense shall serve as the Chairperson of the Committee. |
| (3) | The following persons shall serve as ex officio members: |
| 1. | The Director for Health and Welfare of the Ministry of National Defense; |
| 2. | The Commander of the Republic of Korea Armed Forces Medical Command. |
| (4) | The Minister of National Defense shall appoint or commission non-ex officio members from among any of the following: |
| 1. | Public officials belonging to the Senior Executive Service who are nominated by the heads of related central administrative agencies; |
| 2. | Persons who have extensive knowledge of and experience in health and medical services. |
| (5) | The composition and operation of the Committee and other necessary matters shall be prescribed by Presidential Decree. |
| Article 9 (Management of Military Health and Medical Services Resources) |
| (1) | The Minister of National Defense shall devise comprehensive and systematic measures to develop and secure military health and medical services resources, such as human resources, facilities, supplies, knowledge, and technology relating to military health and medical services. |
| (2) | The Minister of National Defense shall manage military health and medical services resources so that such resources may be appropriately supplied, by forecasting the long-term and short-term demands therefor. |
| Article 10 (Securing Military Health and Medical Services Personnel) |
| (1) | The Minister of National Defense may conduct education necessary to train excellent military health and medical services personnel and to improve their quality pursuant to Article 9 (1). |
| (2) | Where it is necessary to secure military health and medical services personnel under paragraph (1), the Minister of National Defense may train military medical officers by entrusting such tasks to medical schools established pursuant to Article 4 of the Higher Education Act. |
| (3) | Remuneration of military health and medical services personnel shall be prescribed by Presidential Decree, corresponding to the level of remuneration paid by private medical institutions. |
| (4) | The Minister of National Defense shall prescribe matters concerning criteria for selecting persons eligible for entrustment, and methods and procedures for entrustment under paragraph (2). |
| Article 11 (Military Emergency Medical System) |
| (1) | In the event of emergency that requires immediate medical attention in the military, the State shall ensure that appropriate emergency medical services are provided promptly. |
| (2) | The Minister of National Defense shall endeavor to establish a military emergency medical system including the following, based upon special conditions of the military: |
| 1. | Securing emergency medical services professionals; |
| 2. | Strengthening the capabilities to transport emergency patients; |
| 3. | Strengthening education in first aid. |
| (3) | Where any military health and medical services personnel deems it impracticable to give appropriate emergency medical services due to a serious emergency situation, he/she shall without delay transport such patient to a medical institution that may provide medical treatment so that the patient may receive medical treatment. |
| Article 12 (Prevention and Control of Infectious Diseases) |
| (1) | The State shall devise and implement measures necessary to inhibit infectious disease outbreaks and epidemics in the military and to prevent and control such disease. |
| (2) | The Minister of National Defense shall conduct fact-finding research to check whether an infectious disease occurs in the military and the actual conditions of such disease, as prescribed by Presidential Decree and shall utilize the result of fact-finding research as basic data for the formulation of a military health and medical services development plan under Article 6. <Amended by Act No. 13502, Sep. 1, 2015> |
| (3) | The Minister of National Defense shall formulate a vaccination plan every year and administer vaccinations to prevent infectious diseases, as prescribed by Presidential Decree. |
| (4) | Where the Minister of National Defense deems that an infectious disease is likely to outbreak and epidemic is likely to spread, he/she shall without delay organize an epidemiological investigation team and shall conduct epidemiological investigations. In such cases, matters necessary for the details, timing, and methods of epidemiological investigations and the composition, duties, etc. of the epidemiological investigation team shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13502, Sep. 1, 2015> |
| Article 13 (Mutual Cooperation with Other Medical Institutions) |
| (1) | Where necessary, the head of a military health and medical services institution may request a medical institution under the Medical Service Act to treat, etc. patients or entrust treating, etc. patients to such medical institution. |
| (2) | A military health and medical services institution may establish a mutual cooperation system, such as entering into an agreement with a medical institution under the Medical Service Act, to manage the health of military personnel, etc., and to prevent and treat diseases. |
| (3) | The Minister of National Defense shall prescribe the specific details of mutual cooperation between military hospitals and private medical institutions, such as the deployment of military health and medical services human resources and the treatment of patients. |
| Article 14 (Operation of Civilian Medical Advisory Group) |
| (1) | The Minister of National Defense may operate a civilian medical advisory group which consists of related experts to provide professional and technical advice on medical activities or medical affairs concerning military health and medical services. |
| (2) | Matters necessary for forming and operating a civilian medical advisory group under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 15 (Establishment of Research Institute Specializing in Military Health and Medical Services) |
| (1) | The Minister of National Defense may establish a research institute specializing in military health and medical services to authorize it to implement medical policies or conduct research and development on special medicine, epidemiological investigations, health education, etc. |
| (2) | Matters concerning establishing and operating a research institute specializing in military health and medical services under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 16 (Physical Examination) |
| (1) | The Minister of National Defense shall conduct physical examinations of military personnel, etc. at least once before they are discharged or retire, in order to protect their health and prevent disease: Provided, That the foregoing shall not apply to military personnel, etc. eligible for physical examination under Article 52 of the National Health Insurance Act. <Amended by Act No. 12399, Mar. 11, 2014> |
| (2) | Matters necessary for military personnel, etc. subject to physical examination under paragraph (1), items of the physical examination, and the timing for conducting the physical examination shall be prescribed by Presidential Decree. |
| Article 16-2 (Fact-Finding Research on Mental Health) |
| (1) | The Minister of National Defense shall conduct fact-finding research on a regular basis to check mental health conditions of military personnel, etc. |
| (2) | Military personnel, etc. subject to fact-finding research on mental health; the timing for, methods of, and procedures for, fact-finding research on mental health; and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12399, Mar. 11, 2014]
| Article 17 (Management of Statistics and Information on Military Health and Medical Services) |
The Minister of National Defense shall collect and manage statistics and information on military health and medical services so that he/she may utilize such statistics and information in implementing military health and medical services policies.
| Article 18 (Preparation of Medical Records) |
Each military health and medical services personnel shall prepare medical records when he/she diagnoses and treats patients, and methods for preparing such medical records shall be prescribed by the Minister of National Defense.
| Article 19 (Medical Treatment for Persons Other than Military Personnel, etc.) |
| (1) | The Minister of National Defense may allow military health and medical services institutions to provide medical treatment to persons other than military personnel, etc. to the extent that such medical treatment does not interfere with the medical treatment of military personnel, etc. |
| (2) | Persons eligible for medical treatment under paragraph (1) and the range of such persons, etc. shall be determined by the Minister of National Defense. |
| Article 19-2 (Standards for Sanitary Control of Military Funeral Homes) |
The Minister of National Defense may establish or operate a place for funeral rituals at a military health and medical services institution (hereinafter referred to as “military funeral home”). In such cases, except as otherwise prescribed by Presidential Decree, standards for installations and facilities and safety and standards for sanitary control under Article 29 (1) and (2) of the Act on Funeral Services shall apply.
[This Article Newly Inserted by Act No. 15047, Nov. 28, 2017]
| Article 20 (Penalty Provisions) |
Any senior officer of military personnel, etc. or any military health and medical services personnel who refuse or evade medical treatment, or military personnel, etc. who interfere with medical practices, in violation of Article 5 (3) or (4), shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Amended by Act No. 12554, May 9, 2014>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 12399, Mar. 11, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 12554, May 9, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 13502, Sep. 1, 2015>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15047, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Installations and Facilities and Safety and Standards for Sanitary Control of Military Funeral Homes)
The Minister of National Defense shall require military funeral homes, which have established or have been operating at the time this Act enters into force, to comply with standards for installations and facilities and safety and standards for sanitary control under the amended provisions of Article 19-2 within one year after this Act enters into force.