ACT ON THE ESTABLISHMENT OF NATIONAL UNIVERSITY-AFFILIATED DENTAL HOSPITALS
Act No. 8637, Oct. 17, 2007
Amended by Act No. 10080, Mar. 17, 2010
Act No. 10869, Jul. 21, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12178, Jan. 7, 2014
Act No. 15952, Dec. 18, 2018
The purpose of this Act is to promote the development of dental medicine and contribute to the improvement of public dental health through education and research in dental medicine and dental examinations and treatment by establishing national university-affiliated dental hospitals.
A national university-affiliated dental hospital (excluding the Seoul National University Dental Hospital; hereinafter referred to as "dental hospital") shall be a corporate entity.
| Article 3 (Incorporation) |
| (1) | A dental hospital shall be incorporated in a national university (hereinafter referred to as "related university") which has the department of dentistry. |
| (2) | A dental hospital shall come into existence upon registration for its incorporation at the principal place of business. |
| (3) | A dental hospital may, if necessary, have a branch hospital, as prescribed by the articles of association. |
| (4) | Matters necessary for the substructure of a dental hospital, registration for incorporation under paragraph (2) and other registrations shall be prescribed by Presidential Decree. |
| Article 4 (Articles of Association) |
| (1) | The articles of association of a dental hospital shall include the following matters: |
| 3. | Principal place of business; |
| 4. | Matters concerning its activities; |
| 5. | Matters concerning education and research in dental medicine; |
| 6. | Matters concerning board of directors; |
| 7. | Matters concerning executive officers and employees; |
| 8. | Matters concerning organization; |
| 9. | Matters concerning assets and accounting; |
| 10. | Matters concerning amendment of the articles of association; |
| 11. | Matters concerning public notices; |
| 12. | Matters concerning dissolution. |
| (2) | Where a dental hospital intends to amend its articles of association, it shall obtain approval from the Minister of Education. <Amended by Act No. 10869, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013> |
| Article 5 (Name of Dental Hospital) |
A dental hospital's name shall be "dental hospital" added to the name of the related university.
| Article 6 (Prohibition of Use of Similar Name) |
No person, other than a dental hospital under this Act, shall use the name of a dental hospital under Article 5 or names similar thereto.
A dental hospital shall conduct the following activities: <Amended by Act No. 12178, Jan. 7, 2014>
| 1. | Clinical education of students in the department of dentistry of a national university; |
| 2. | Practice of residents and training of medical care personnel; |
| 3. | Research related to dental medicine; |
| 5. | Dental examinations and treatment services; |
| 7. | Other activities necessary for the improvement of public dental health. |
| Article 8 (Obligations of Public Health and Medical Institutions) |
| (2) | A dental hospital shall endeavor to improve public health by providing high quality public health and medical services to the public. |
[This Article Newly Inserted by Act No. 12178, Jan. 7, 2014]
| Article 9 (Executive Officers) |
| (1) | A dental hospital shall have 11 directors including the chairperson of the board of directors, and one auditor. <Amended by Act No. 12178, Jan. 7, 2014> |
| (2) | The president of the related university shall serve as the chairperson of the board of directors, and the directors shall be comprised of the president of the relevant dental hospital (hereinafter referred to as "president"), the dean of the dental college (including the dean of a graduate school of dental medicine) of the related university, the president of the related university-affiliated hospital, one person each nominated by the Minister of Strategy and Finance, the Minister of Education, and the Minister of Health and Welfare from among Grade III public officials of the relevant ministry or public officials in general service belonging to the Senior Civil Service, the Vice Mayor or Vice Governor of the Special Metropolitan City, a Metropolitan City, a Do or a Special Self-Governing Province having jurisdiction over the location of the relevant dental hospital (hereinafter referred to as "ex officio directors"), and persons appointed by the Minister of Education at the recommendation of the board of directors, and the directors other than the ex officio directors shall include at least one external person with abundant knowledge and experience in hospital management and who meets the requirements prescribed by Presidential Decree. <Amended by Act No. 10869, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12178, Jan. 7, 2014> |
| (3) | The auditor shall be appointed by the Minister of Education at the recommendation of the board of directors. <Amended by Act No. 10869, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013> |
| (6) | The term of office of directors, other than ex officio directors, and the auditor shall be three years, which may be renewed consecutively. |
| Article 10 (Duties of Executive Officers) |
| (1) | The chairperson shall convene and preside over meetings of the board of directors. |
| (2) | Where the chairperson is unable to perform his/her duties, performance of his/her duties on his/her behalf shall be as prescribed by the articles of association. |
| (3) | Directors shall attend meetings of the board of directors to deliberate on proposals. |
| (4) | The auditor shall audit the accounts and affairs of a dental hospital. |
| Article 11 (Board of Directors) |
| (1) | A dental hospital shall have a board of directors. |
| (2) | The board of directors shall deliberate and pass resolutions on the following matters: <Amended by Act No. 12178, Jan. 7, 2014> |
| 1. | Matters concerning amendment of the articles of association; |
| 2. | Matters concerning organization; |
| 3. | Matters concerning activity plans and budget and settlement of accounts; |
| 4. | Matters concerning acquisition and disposal of property; |
| 6. | Other matters deemed important, which are prescribed by the articles of association. |
| (3) | The board of directors shall be comprised of the chairperson and the directors. |
| (4) | The board of directors shall pass resolutions with the affirmative vote of the majority of the members. |
| (5) | The auditor may attend meetings of the board of directors to present his/her opinion. |
| (6) | Other matters necessary for the operation of the board of directors shall be prescribed by Presidential Decree. |
| Article 12 (President of Dental Hospital) |
| (1) | A dental hospital shall have one president. |
| (2) | The president shall represent the relevant dental hospital and have general control and supervision over the affairs thereof. |
| (3) | The president shall be appointed by the Minister of Education at the recommendation of the board of directors. In such cases, the board of directors shall recommend a person that fulfills qualifications prescribed by Presidential Decree. <Amended by Act No. 10869, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013> |
| (4) | The president shall hold office for a term of three years and may be appointed consecutively for one further term. |
| (5) | Where the president is unable to perform his/her duties, performance of his/her duties on his/her behalf shall be as prescribed by the articles of association. |
| (6) | Except where the president falls under any of the following cases, he/she shall not be removed from office against his/her will during his/her term of office: |
| 1. | Where he/she violates this Act, any order issued under this Act or the articles of association; |
| 2. | Where he/she disrupts the management of the dental hospital by accounting fraud, or by intention or gross negligence; |
| 3. | Where performance of his/her duties becomes highly impracticable or impossible due to mental or physical disorder. |
| (7) | Removal of the president under paragraph (6) 1 through 3 shall require a proposal for removal by the board of directors through a resolution passed with the affirmative vote of at least two thirds of the full number of the members of the board of directors including the chairperson. |
| Article 13 (Appointment and Dismissal of Employees) |
| (1) | A dental hospital shall employ necessary medical personnel and employees. |
| (2) | Matters concerning the appointment and dismissal of medical personnel and employees shall be prescribed by the articles of association. |
| Article 14 (Clinical Instructors) |
| (1) | A dental hospital shall employ clinical instructors to conduct activities under Article 7. |
| (3) | Where clinical instructors under paragraph (1) are appointed as school teachers prescribed in Article 3 of the Higher Education Act, their career as clinical instructors in a dental hospital shall be deemed that they have worked as teaching staff of the related university. <Amended by Act No. 12178, Jan. 7, 2014> |
| (4) | Matters concerning the period of employment, procedures for employment and remuneration of clinical instructors shall be prescribed by the articles of association. |
| Article 15 (Holding of Concurrent Offices) |
| (1) | Where it is necessary for a dental hospital to conduct activities under Article 7, notwithstanding Article 64 of the State Public Officials Act, a public educational official working with the related university may hold concurrent offices in a dental hospital. <Amended by Act No. 12178, Jan. 7, 2014> |
| (2) | Upon the request of the president, the president of the related university shall permit a public educational official under paragraph (1) to hold concurrent offices. <Amended by Act No. 12178, Jan. 7, 2014> |
| (3) | Matters concerning the duties and remuneration of public educational officials of a related university who hold concurrent offices in a dental hospital pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 12178, Jan. 7, 2014> |
| Article 16 (Gratuitous Transfer, etc. of State Property) |
Where necessary for the establishment and operation of a dental hospital, the Government may transfer or lease the State property (including goods; hereinafter the same shall apply) to a dental hospital without compensation, notwithstanding the State Property Act.
| Article 17 (Contributions, etc.) |
| (1) | The Government may make a contribution to a dental hospital for its basic facilities, equipment, etc. |
| (2) | The Government shall subsidize expenses incurred in education and research in dental medicine of a dental hospital within budgetary limits, operating expenses of a dental hospital, expenses incurred in the installation of facilities and equipment, etc. and expenses for repayment of the principal and interest on a loan shall be covered with a profit by the dental hospital, but if the expenses are lack, Government may subsidize it. |
| (3) | A natural or juridical person, or organization may contribute money or any other property to a dental hospital to support its activities. |
| (4) | Necessary matters for making a contribution and giving subsidies, the use and management thereof, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 18 (Business Year) |
The business year of a dental hospital shall coincide with the fiscal year of the Government.
| Article 19 (Management of Accounting) |
The president shall manage the accounting of a dental hospital, as prescribed by the articles of association.
| Article 20 (Report on Business Plans, etc.) |
The president shall prepare and report a business plan and a draft budget of a dental hospital to the Minister of Education each business year, by not later than 20 days before commencement of the business year, as prescribed by Presidential Decree. The same shall also apply any modification thereof. <Amended by Act No. 10869, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013>
| Article 21 (Submission of Statement of Settlement of Accounts, etc.) |
| (1) | The president shall prepare a statement of settlement of accounts for each fiscal year and have it audited by an accounting firm under Article 23 of the Certified Public Accountant Act, and then submit it to the Minister of Education after deliberation and resolution by the board of directors, within two months after commencement of the next fiscal year. <Amended by Act No. 10869, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013> |
| (2) | The statement of settlement of accounts under paragraph (1) shall be accompanied with the following documents: |
| 1. | Financial statements and annexes thereto; |
| 2. | An audit report by an accounting firm under paragraph (1); |
| 3. | Other documents prescribed by Presidential Decree as necessary for clarification of the details of the statement of settlement of accounts. |
The Minister of Education may order report on matters or submission of documents as necessary for the supervision over a dental hospital. <Amended by Act No. 10869, Jul. 21, 2011; Act No. 11690, Mar. 23, 2013>
| Article 23 (Application Mutatis Mutandis of Civil Act) |
Except as otherwise prescribed by this Act, the provisions on incorporated foundations in the Civil Act shall apply mutatis mutandis to a dental hospital.
| Article 24 (Administrative Fines) |
| (1) | Any person who violates Article 6 shall be imposed by an administrative fine of not exceeding five million won. <Amended by Act No. 15952, Dec. 18, 2018> |
| (2) | The Minister of Education shall impose and collect the administrative fines under paragraph (1) as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 10080, Mar. 17, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Timing for Incorporation of National University-Affiliated Dental Hospitals)
The Minister of Education and Human Resources Development shall determine the timing for incorporation of a dental hospital in consideration of property, facilities, equipment, financial condition, etc. of the related national university-affiliated hospital.
Article 3 (Preparation for Incorporation)
| (1) | Where a dental hospital under this Act is incorporated, the Minister of Education and Human Resources Development shall appoint five or less incorporation commissioners for each dental hospital, and have them deal with matters concerning the incorporation thereof. |
| (2) | The incorporation commissioners shall prepare the articles of association of a dental hospital and obtain approval thereof from the Minister of Education and Human Resources Development. |
| (3) | Where the president of a dental hospital is appointed, the incorporation commissioners shall transfer their business to the president of the dental hospital without delay. |
| (4) | Where transfer of business under paragraph (3) is complete, the incorporation commissioners shall be deemed relieved of their duties. |
Article 4 (Gratuitous Succession to Property)
A dental hospital shall, without any compensation, succeed to property under the control of the dental clinic among that of the related university-affiliated hospital as at the time the dental hospital is incorporated.
Article 5 (Succession to Claims and Debts)
A dental hospital shall succeed to claims and debts under the control of the dental clinic among those of the related university-affiliated hospital as at the time the dental hospital is incorporated.
Article 6 (Expenditure)
| (1) | The president may incur necessary expenses from the budget under the control of the dental clinic among the budget of the related university-affiliated hospital for the relevant year according to the precedents from the date a dental hospital is incorporated until the budget of the dental hospital is established in accordance with this Act. |
| (2) | When the budget of a dental hospital for the relevant year is approved, the expenses incurred pursuant to paragraph (1) shall be deemed to have been implemented according to the budget approved. |
Article 7 (Special Cases on Appointment of President)
Notwithstanding Article 11 (3), the Minister of Education and Human Resources Development shall appoint the first president under this Act on the recommendation of the president of the related university. Article 8 (Transitional Measures concerning Recognition of Career of Clinical Instructors)
Where a person who holds office in a related university-affiliated hospital as a clinical instructor as at the time this Act enters into force is appointed as a public educational official, Article 13 (3) shall apply to his/her career period as a clinical instructor before this Act enters into force. Article 9 (Transitional Measures concerning Employees)
Medical personnel, employees, clinical instructors who work for the dental clinic of a related university-affiliated hospital or teaching staff who hold concurrent offices in such dental clinic under Articles 14, 15 and 16 of the Act on the Establishment of National University-Affiliated Hospitals as at the time a dental hospital is incorporated, shall be deemed appointed as medical personnel, employees, clinical instructors of the dental hospital or deemed permitted to hold concurrent offices on the date of the incorporation thereof. Article 10 (Transitional Measures concerning Incorporation of Gangneung University-Affiliated Dental Hospital)
The Gangneung University-Affiliated Dental Hospital as at the time this Act enters into force shall be deemed incorporated in accordance with this Act.
Article 11 (Transitional Measures concerning Articles of Association of Gangneung University-Affiliated Dental Hospital)
The articles of association of the Gangneung University-Affiliated Dental Hospital as at the time this Act enters into force shall be deemed formulated in accordance with this Act.
Article 12 (Transitional Measures concerning Executive Officers, President, Medical Personnel, Employees and Clinical Instructors of Gangneung University-Affiliated Dental Hospital)
The executive officers, president, medical personnel, employees and clinical instructors of the Gangneung University-Affiliated Dental Hospital as at the time this Act enters into force shall be deemed appointed, and the teaching staff thereof holding concurrent offices shall be deemed permitted to hold concurrent offices in accordance with this Act, respectively.
Article 13 (Transitional Measures concerning Board of Directors of Gangneung University-Affiliated Dental Hospital)
The board of directors of the Gangneung University-Affiliated Dental Hospital as at the time this Act enters into force shall be deemed organized in accordance with this Act.
Article 14 Omitted.
Article 15 (Transitional Measures concerning Amendment of Other Acts)
Article 16 (Relationships with Other Statutes)
ADDENDA <Act No. 10080, Mar. 17, 2010>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Penal Provisions) Where the penal provisions are applied to an offence committed before this Act enters into force, the former provisions shall apply thereto. |
ADDENDUM <Act No. 10869, Jul. 21, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12178, Jan. 7, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15952, Dec. 18, 2018>
This Act shall enter into force six months after the date of its promulgation.