FRAMEWORK ACT ON HEALTH EXAMINATION
Act No. 8942, Mar. 21, 2008
Amended by Act No. 9932, Jan. 18, 2010
Act No. 10333, May 31, 2010
Act No. 13323, May 18, 2015
Act No. 13640, Dec. 29, 2015
Act No. 15870, Dec. 11, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe the rights and duties of nationals and the obligations of the State and local governments with regard to national health examinations, and to provide for basic matters on planning and conducting national health examinations, thereby contributing to the improvement of the health and welfare of the nation.
| Article 2 (Fundamental Concepts) |
The fundamental concepts of this Act are to ensure the enjoyment of a healthy and human life for all nationals through early detection and treatment of threats to health and diseases by means of national health examinations.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10333, May 31, 2010>
| 1. | The term “health examinations” means medical examinations conducted by the health examination institutions defined under subparagraph 2, including diagnosis, consultation, physical examination, health screening, pathological examination, and radiological examination for the purpose of checking health conditions and the prevention and early detection of diseases; |
| 2. | The “term health examination institutions” (hereinafter referred to as “examination institutions”) means institutions designated under Article 14 to conduct health examinations for the purpose of carrying out national health examinations; |
| 3. | The “term national health examinations” means the following health examinations conducted by the State and local governments under Articles 11 and 12: |
| (c) | Health examinations of elementary, middle and high school students under the School Health Act; |
| (i) | Health examinations under the Welfare Older Persons Act; |
| (j) | Other health examinations prescribed by Ordinance of the Ministry of Health and Welfare; |
| 4. | The term “health examination data” (hereinafter referred to as “examination data”) means individual personal information obtained through national health examinations, including documents related to health examinations, such as verbal interviews, diagnoses, medical opinions of doctors, and the outcomes of various examinations, or data in the form of codes, characters, voice, images, etc. that have been optically or electronically processed. |
| Article 4 (Rights of Nationals) |
| (1) | All nationals shall have the right to promote their health by means of national health examinations and there shall be no interference with any rights related to health examinations on the basis of gender, age, religion, social status, economic circumstances, etc. |
| (2) | All nationals shall have the right to have the details and outcomes of their national health examination explained and to demand the public disclosure of information on national health examinations by the State and local governments under the Official Information Disclosure Act. |
| (3) | All nationals shall endeavor to protect the health of their families and themselves from disease and to promote health through health examinations. |
| Article 5 (Obligations of State and Local Governments) |
| (1) | The State and local governments shall actively seek to conduct and support national health examinations for the early detection, diagnosis, and treatment of diseases or the follow-up management thereof, in an effort to protect and promote the national health. |
| (2) | The State shall establish plans for national health examinations with due consideration of the health risks associated with gender and age. |
| (3) | The State and local governments shall improve the effectiveness of health examinations and promote the national health by providing the subject of the examination with the results of the health examination, as well as guidance on the enforcement of the national health examination, in a proper manner. |
| Article 6 (Cooperation between Public and Private Sectors) |
| Article 7 (Relationship with Other Statutes) |
| (1) | The national health examination shall be governed by this Act, except as otherwise provided in other statutes. |
| (2) | The enactment or amendment of other statutes related to the national health examination shall be in conformity with this Act. |
CHAPTER II NATIONAL HEALTH EXAMINATION COMMITTEE, ETC.
| Article 8 (National Health Examination Committee) |
The National Health Examination Committee (hereinafter referred to as the “Committee”) shall be established under the control of the Minister of Health and Welfare, for the purpose of making determinations on significant matters concerning national health examinations, including the formulation of a comprehensive plan on health examinations. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 9 (Composition of Committee) |
| (1) | The Committee shall be comprised of not more than 15 members, including a Chairperson. |
| (2) | The Vice Minister of Health and Welfare shall be the Chairperson of the Committee. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | Members of the Committee shall be appointed or commissioned by the Minister of Health and Welfare, from among persons with extensive knowledge and experience related to health examinations. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | Specialized sectoral committees may be established under the control of the Committee, with a view to examining specialized matters as prescribed by Presidential Decree, such as the development and evaluation of guidelines on health examinations or quality management, etc. |
| (5) | Other necessary matters concerning the composition, organization, and operation of the Committee shall be prescribed by Presidential Decree. |
| Article 10 (Functions of Committee) |
| (1) | The Committee shall decide on the following matters: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Matters concerning the formulation of a comprehensive plan on health examinations; |
| 2. | Matters concerning the scope of subjects, examination targets, examination cycles, and the development and revision of methods for national health examinations; |
| 3. | Matters concerning standards for designation of medical institutions, including human resources, facilities, and equipment; |
| 4. | Matters concerning quality management of national health examinations and the follow-up management for utilizing the outcomes of health examinations; |
| 5. | Matters concerning the gathering and arrangement of statistics related to national health examinations; |
| 6. | Matters concerning the evaluation of national health examinations and measures for improvement thereof; |
| 7. | Matters concerning the procurement and management of resources for health and medical services, such as human resources, organizations, and budgets for national health examinations; |
| 8. | Other matters to be referred by the Minister of Health and Welfare. |
| (2) | The Committee may invite relevant public officials or specialists with professional knowledge and experience to provide their opinions or request the relevant institutions or organizations to provide cooperation, such as the submission of necessary data or opinions, when it is necessary for performance of its duties. |
| Article 11 (Comprehensive Plan on Health Examinations) |
| (1) | The Minister of Health and Welfare shall formulate a comprehensive plan on health examinations (hereinafter referred to as “comprehensive plan”) every five years, following consultations with the heads of the relevant central administrative agencies and deliberations of the Committee. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The comprehensive plans shall include the following matters: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Basic objectives of national health examinations and direction for promotion thereof; |
| 2. | Plans and methods for promoting national health examinations; |
| 3. | Measures to procure and manage resources for health and medical services for the purpose of conducting national health examinations; |
| 4. | Other matters as necessary for health examinations prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | Where the Minister of Health and Welfare establishes the comprehensive plan, he/she shall report thereon, without delay, to the relevant standing committee of the National Assembly. <Newly Inserted by Act No. 13640, Dec. 29, 2015> |
CHAPTER III NATIONAL HEALTH EXAMINATION
| Article 12 (Conducting National Health Examinations) |
| (1) | The State and local governments shall conduct national health examinations in accordance with the comprehensive plan. |
| (2) | The Minister of Health and Welfare may allow Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, Special Self-Governing Province governor (hereinafter referred to as “Mayor/Do governor”) to conduct health examinations of persons who are not subject to national health examinations under subparagraph 3 of Article 3, at the recommendation of the Committee. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 13 (Full Responsibility for National Health Examinations) |
| (1) | The Minister of Health and Welfare may establish a team in charge of managing the standards and quality of health examinations, which is to be comprised of relevant academic societies, civil experts, etc., so as to efficiently conduct national health examinations and support the duties of the Committee. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Matters concerning the operation of the team in charge of managing the standards and quality of health examinations under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 14 (Designation of Examination Institutions) |
| (2) | The standards and procedures for the designation of examination institutions, including human resources, facilities, equipment, etc. under paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 15 (Evaluation of Examination Institutions) |
| (1) | The Minister of Health and Welfare may evaluate the following matters concerning examination institutions, so as to improve the quality of national health examinations: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Whether the examination institutions have appropriate human resources, facilities, and equipment for conducting national health examinations; |
| 2. | The implementation status of the quality management of national health examinations; |
| 3. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Other necessary matters, including the period, scope, methods, and procedures for evaluation of examination institutions or the disclosure of outcomes thereof, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | The Minister of Health and Welfare may disclose the outcomes of the evaluation of examination institutions under paragraph (1). <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | The Minister of Health and Welfare may provide administrative or financial support to examination institutions which have shown excellent evaluation outcomes under paragraph (1). <Amended by Act No. 9932, Jan. 18, 2010> |
| (5) | The Minister of Health and Welfare may entrust the evaluation of examination institutions under paragraph (1) to relevant specialized institutions or organizations, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 16 (Revocatiom of Designation of Examination Institutions) |
| (1) | The Minister of Health and Welfare may revoke the designation of examination institutions or order an examination institution to suspend in whole or in part the conduct of national health examinations for a fixed period of not more than six months, where examination institutions fall under any of the following subparagraphs: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Where an examination institution has received its designation by deceit or other fraudulent means; |
| 2. | Where an examination institution falls short of the standards for designation of examination institutions under Article 14 (2); |
| 3. | Where an examination institution performs its duties in violation of designated matters; |
| 4. | Where an examination institution determines the results of national health examinations dishonestly or has unqualified persons conduct national health examinations; |
| 5. | Where an examination institution falls under other grounds as prescribed by Presidential Decree. |
| (2) | No examination institution, the designation of which has been revoked under paragraph (1), shall be designated as an examination institution within two years from the date on which such revocation has been made. |
The Minister of Health and Welfare shall hold hearings where he/she intends to revoke the designation of examination institutions or issue an order to suspend national health examinations under Article 16. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 18 (Utilization of Examination Data) |
| (1) | The Minister of Health and Welfare and the heads of the relevant central administrative agencies may utilize examination data obtained through national health examinations for the following purposes: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Formulation of policies on health and tabulation of statistics therefor; |
| 2. | Projects for promoting health in the community; |
| 3. | Projects for managing chronic diseases and supporting patients with chronic diseases; |
| 4. | Evaluation of items and cycles of national health examinations and development of guidelines thereon; |
| 5. | Research projects for the improvement and evaluation of the national health examination system. |
| (2) | The Minister of Health and Welfare may utilize examination data to produce and publicize statistics on health conditions and diseases. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | Personal information shall be protected in utilizing examination data under paragraph (1) to ensure that the privacy of individuals is not violated. |
| (4) | Detailed matters necessary for the collection and management of examination data, the tabulation of statistics, or the protection of personal information and privacy shall be prescribed by Presidential Decree. |
| Article 19 (Follow-Up Management of National Health Examinations) |
| (1) | The State and local governments may order the heads of examination institutions to give advice to persons who, as a result of health examinations, have been found to possess factors which may harm health or are likely to cause diseases, and to refer such persons to specialized medical institutions or take other necessary measures. |
| (2) | Matters on the follow-up management of health examinations, which are not prescribed in this Act or other statutes or regulations, shall be determined by the Minister of Health and Welfare following the deliberations of the Committee. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 20 (Investigation and Research Projects) |
| (1) | The Minister of Health and Welfare shall conduct the following investigation and research projects concerning health examinations to ensure the efficiency and appropriateness of health examinations: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Development of guidelines on health examinations by gender or age; |
| 2. | Quality management and evaluation of health examinations; |
| 3. | Follow-up management of health examinations; |
| 4. | Evaluation of the economic feasibility or long-term effects of health examinations; |
| 5. | Publicity of health examinations; |
| 6. | Education and counseling on health examinations; |
| 7. | Other matters necessary for conducting health examinations. |
| (2) | In promoting investigation and research projects concerning health examinations, the Minister of Health and Welfare shall preferentially support joint research projects undertaken by academia, research institutions, and institutions conducting health examinations. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | The State may provide budgetary assistance required for investigation and research projects under paragraph (1). |
| Article 21 (Claiming, Examining, and Paying Expenses of National Health Examinations) |
Matters related to claiming, examining, and paying examination expenses shall be governed by relevant statutes and regulations, and when relevant provisions do not exist in the relevant statutes and regulations, such matters shall be determined and publicly notified by the Minister of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 22 (Cooperation Requests for Submission of Data) |
| (1) | The Minister of Health and Welfare may, when necessary for conducting national health examinations, request medical personnel engaged in conducting health examinations or the heads of health and medical institutions, the National Health Insurance Corporation (hereinafter referred to as “National Health Insurance Corporation”), the Health Insurance Review Agency (hereinafter referred to as “Health Insurance Review Agency”) established under the National Health Insurance Act, and other relevant administrative agencies or organizations to submit data necessary for national health examinations or to state opinions thereon. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Any person or institution shall, upon receiving requests for the submission of data under paragraph (1), faithfully comply with such requests. |
| Article 23 (Prohibition against Divulging Confidential Information) |
No person who is or was engaged in the duties related to national health examinations under this Act shall divulge confidential information known to him/her in the course of his/her performance of duties without any justifiable ground.
| Article 24 (Expenses of National Health Examinations) |
Necessary matters concerning expenses, etc. incurred in the diagnosis, counseling, and tests related to national health examinations shall be determined and publicly notified by the Minister of Health and Welfare: Provided, That in cases where the National Health Insurance Act has determined medical fees, such fees shall be applicable. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 25 (Subsidizing Medical Expenses for Examinees of National Health Examinations, etc.) |
| (1) | The State and local governments may subsidize medical expenses incurred in conducting close examinations for definite diagnosis, evaluating health risks, and improving life habits, such as smoking, drinking, exercise, nutrition, and obesity, for examinees who have taken national health examinations, out of their budgets or from the National Health Promotion Fund under the National Health Promotion Act. |
| (2) | Necessary matters concerning the subjects, standards and methods for the payment of medical expenses under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 26 (Subsidization of Expenses) |
The State and local governments may partially subsidize necessary expenses for corporations or organizations which conduct national health examinations.
| Article 27 (Delegation or Entrustment) |
| (1) | Authority of the Minister of Health and Welfare under this Act may be partially delegated to the heads of affiliated organizations, Mayor/Do governor, or the head of Si/Gun/Gu (referring to the head of autonomous Gu), as prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The heads of the relevant administrative agencies may partially entrust their duties under this Act to the National Health Insurance Corporation or other corporations and organizations which conduct national health examinations, as prescribed by Presidential Decree. |
| Article 27-2 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Newly Inserted by Act No. 15870, Dec. 11, 2018]
CHAPTER V PENALTY PROVISIONS
| Article 28 (Penalty Provisions) |
A person who violates the provisions of Article 23 shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won.
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
| (2) | (Transitional Measures) Examination institutions which have conducted health examinations under subparagraph 3 of Article 3 under the previous provisions as at the time this Act enters into force shall be designated as examination institutions under Article 14 within one year after this Act enters into force. |
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10333, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13323, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13640, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Report on Comprehensive Plan on Health Examinations)
The amended provisions of Article 11 (3) shall apply, beginning with the first comprehensive plan on health examinations established after this Act enters into force.
ADDENDUM <Act No. 14878, Sep. 19, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15870, Dec. 11, 2018>
This Act shall enter into force on the date of its promulgation.