KOREA HEALTH PERSONNEL LICENSING EXAMINATION INSTITUTE ACT
Act No. 13367, jun. 22, 2015
Amended by Act No. 14899, Sep. 19, 2017
Act No. 15022, Oct. 31, 2017
Act No. 15447, Mar. 13, 2018
The purpose of this Act is to operate the national examination system for health and medical service personnel in a professional and objective manner by establishing the Korea Health Personnel Licensing Examination Institute and contribute to the development of the national health and medical services by producing outstanding health and medical service personnel through the investigation, research and development on the examination system both domestically and abroad.
| Article 2 (Corporate Entity) |
The Korea Health Personnel Licensing Examination Institute (hereinafter referred to as the “Korea Examination Institute”) shall be a juristic person.
| Article 3 (Establishment) |
| (1) | The Korea Examination Institute shall come into existence by putting the registration of establishment in the location of the main office. |
| (2) | Matters concerning the registration of establishment pursuant to paragraph (1) shall be the following: |
| 4. | Name and address of executive officers; |
| 5. | Method of public announcement. |
| (3) | The provisions concerning the registration of incorporated foundation as referred to in the Civil Act shall apply mutatis mutandis to the registration except for the registration of establishment. |
The location of the main office of the Korea Examination Institute shall be prescribed by the bylaws.
| (1) | The bylaws of the Korea Examination Institute shall be entered with the following: |
| 4. | Matters concerning the business; |
| 5. | Matters concerning the property and account; |
| 6. | Matters concerning executive officers and employees; |
| 7. | Matters concerning the board of directors; |
| 8. | Matters concerning the modification of bylaws; |
| 9. | Matters concerning the enactment, amendment and abolition of the internal regulations; |
| 10. | Matters concerning the public announcement. |
| (2) | The Korea Examination Institute shall, in cases of modifying the bylaws, obtain approval therefor from the Minister of Health and Welfare. |
| (1) | The Korea Examination Institute shall perform the following: <Amended by Act No. 15447, Mar. 13, 2018> |
| 1. | The enforcement and management of the national examination for health and medical service personnel (hereinafter referred to as a “health and medical service personnel”) under the Framework Act on Health and Medical Services; |
| 2. | Investigation and research of domestic and overseas examination systems for health and medical service personnel and issuance of publications; |
| 3. | International exchanges and cooperation on the national examination system for health and medical service personnel; |
| 4. | Projects entrusted by the Government; |
| 5. | Other projects deemed necessary by the Minister of Health and Welfare with regard to the national examination for health and medical service personnel. |
| (2) | Upon approval by the Minister of Health and Welfare, the Korea Examination Institute may, when it performs the business provided for in paragraph (1), have its users pay for the actual expenses. |
| Article 7 (Executive Officers) |
| (1) | The Korea Examination Institute shall have a maximum of 15 directors including one president and one standing director, and one auditor. |
| (2) | The president and the auditor shall be appointed by the board of directors as prescribed by the bylaws, and such appointment shall be approved by the Minister of Health and Welfare. |
| (3) | Executive officers except for the president and the standing director shall be part-time members. |
| (4) | The qualifications, appointment, term of office and duties of executive officers, and other necessary matters shall be determined by the bylaws. |
| Article 8 (Disqualifications of Executive Officers) |
None of the following persons shall become an executive officer:
| Article 9 (Duties of Executive Officers) |
| (1) | The president shall represent the Korea Examination Institute, oversee the whole affairs, and guide and supervise affiliated employees. |
| (2) | Where the president is unable to perform his/her duties due to unavoidable circumstances, an executive officer shall act on behalf of him/her as prescribed by the bylaws. |
| (3) | Directors shall deliberate on the agenda items put forward to the board of directors, and participate in its resolution. |
| Article 10 (Board of Directors) |
| (1) | The Korea Examination Institute shall have the board of directors in order to deliberate on and resolve the following matters: |
| 1. | Matters concerning the plan of business, budget and settlement of accounts; |
| 2. | Matters concerning the acquisition and disposition of the major property; |
| 3. | Matters concerning the modification of the bylaws; |
| 4. | Matters concerning the enactment, amendment and abolition of the important regulations; |
| 5. | Matters concerning the appointment and dismissal of executive officers; |
| 6. | Other matters the president requests the board of directors to deliberate and decide on, as the president deems it necessary. |
| (2) | The board of directors shall be composed of directors including the president. |
| (3) | The president shall convene the board of directors and shall be the chairperson thereof. |
| (4) | The auditor shall attend a meeting of the board of directors and may state his/her opinion. |
| (5) | Matters necessary for the operation of the board of directors shall be determined by the bylaws. |
The Korea Examination Institute shall have a secretariat in order to perform the business pursuant to Article 6 (1).
| Article 12 (Appointment and Dismissal of Employees) |
Employees of a secretariat in the Korea Examination Institute shall be appointed and dismissed by the president as prescribed by the bylaws.
| Article 13 (Commissioner of Examination) |
| (1) | The president may appoint an expert of the relevant fields as commissioner of examination for preparing, grading, etc., in order to enhance professionalism and validity in administering examination including the development of examination questions, and preparing and grading the examination. |
| (2) | Matters necessary for the appointment of the commissioner of examination shall be determined by the bylaws. |
| Article 14 (Financial Resources) |
The Korea Examination Institute shall be established and operated by the actual expenses pursuant to Article 6, the contributions pursuant to Article 15 and other revenues.
| Article 15 (Contributions) |
| (1) | The Government may pay the contributions necessary for appropriating expenses required for the establishment and operation of the Korea Examination Institute within the budget. |
| (2) | Matters necessary for the payment, use and management of contributions under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 16 (Business Year) |
The business year of the Korea Examination Institute shall be the same as the fiscal year of the Government.
| Article 17 (Business Plan and Approval of Budget) |
| (1) | The Korea Examination Institute shall prepare the business plan and budgetary document of each business year and obtain approval therefor from the Minister of Health and Welfare. The same shall also apply in any cases of modification thereof. |
| (2) | The Korea Examination Institute shall prepare the written settlement of accounts concerning revenue and expenditure and a report on the business outcome for every business year as prescribed by Presidential Decree, and submit them to the Minister of Health and Welfare by the end of February of the following year after they are audited by an auditor or a certified public accountant under subparagraph 7 of Article 2 and Article 9 of the Act on the External Audit of Stock Companies. <Amended by Act No. 15022, Oct. 31, 2017> |
| Article 18 (Approval of Examination Plan) |
| (1) | The Korea Examination Institute shall, in cases of implementing the national examination, establish an implementation plan for the examination, and obtain approval therefor from the Minister of Health and Welfare as prescribed by Presidential Decree. <Amended by Act No. 15447, Mar. 13, 2018> |
| (2) | Where intending to change subjects for examination, methods of examination and methods of selecting successful candidates, the Korea Examination Institute shall make a prior public notification of the details of an examination plan to be changed for a fixed period of at least two years. <Newly Inserted by Act No. 15447, Mar. 13, 2018> |
| Article 19 (Guidance and Supervision) |
| (1) | The Minister of Health and Welfare shall guide and supervise the Korea Examination Institute. |
| (2) | The Minister of Health and Welfare may, if necessary for achieving the purpose of operation of the Korea Examination Institute, order the Korea Examination Institute to report on the affairs, accounts and property or submit documents, and may have affiliated officials raise questions thereof to related persons or inspect related documents or other articles. |
| (3) | The affiliated public official concerned who performs the duty under paragraph (2) shall keep a certificate indicating the authority, and show it to the related person. |
| (4) | Where any illegality or injustice is found in a report or inspection under paragraph (2), the Minister of Health and Welfare may order the Korea Examination Institute to make corrections or take other necessary measures. |
| Article 20 (Request for Dispatch of Employees) |
If necessary for achieving its purposes, the Korea Examination Institute may request State organs, local governments, research institutes, or public organizations to dispatch their employees through the Minister of Health and Welfare.
| Article 21 (Obligation of Confidentiality) |
| (1) | A person who is or was an executive officer or an employee of the Korea Examination Institute shall not reveal any confidential information which he/she has become aware of in connection with his/her duties. |
| (2) | With regard to the implementation of the national examination under Article 13, a person who is appointed by the Korea Examination Institute to perform duties such as preparing questions, grading, and supervising the examination, shall not reveal confidential information which he/she has become aware of in connection with his/her duties. |
| Article 22 (Prohibition on Use of Similar Name) |
No person, other than the Korea Examination Institute, shall use the name "Korea Health Personnel Licensing Examination Institute" or any other similar name.
| Article 23 (Application mutatis mutandis of the Civil Act) |
Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Korea Examination Institute.
| Article 24 (Legal Fiction as Public Official in Application of Penalty Provisions) |
An executive officer or employee of the Korea Examination Institute or a person commissioned or entrusted by the president to perform the duties of the Korea Examination Institute shall be deemed a public official, when penalty provisions under Articles 129 through 132 of the Criminal Act are applied.
| Article 25 (Penalty Provision) |
A person who has revealed any confidential information which he/she has become aware of in connection with his/her duties in violation of Article 21 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended by Act No. 14899, Sep. 19, 2017>
| Article 26 (Administrative Fine) |
| (1) | A person who has used the name "Korea Health Personnel Licensing Examination Institute" or any other similar name in violation of Article 22 shall be punished by an administrative fine not exceeding five million won. |
| (2) | The administrative fine under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation for Establishment)
| (1) | The Minister of Health and Welfare shall appoint not more than seven members for establishment within 30 days from the enforcement of this Act and have them assume duties concerning the establishment and appointment of a director and an auditor at the time of establishment. |
| (2) | Members for establishment shall prepare the bylaws of the Korea Examination Institute and register the establishment of the incorporation under joint signature without delay after obtaining approval from the Minister of Health and Welfare. |
| (3) | The president of the Korea Examination Institute at the time of establishment shall be appointed by the Minister of Health and Welfare. |
| (4) | Members for establishment shall transfer duties to the president without delay after finishing the registration of establishment of the Korea Examination Institute. |
| (5) | Members for establishment shall be deemed dismissed when the transfer of duties under paragraph (4) has been completed. |
Article 3 (Incorporation Expenses)
Expenses incurred for the establishment of the Korea Examination Institute shall be borne by the State.
Article 4 (Transitional Measures concerning the Korea Health Personnel Licensing Examination Institute as Incorporated Foundation)
| (1) | The Korea Health Personnel Licensing Examination Institute (hereinafter referred to as “former juristic person”) as the incorporated foundation at the time this Act enters into force may make a request to the Minister of Health and Welfare in accordance with the resolution of the board of directors, so that the Korea Examination Institute to be established pursuant to this Act would succeed to all the property, rights and duties. |
| (2) | The former juristic person having obtained approval from the Minister of Health and Welfare under paragraph (1) shall be deemed to have been dissolved at the same time of establishment of the Korea Examination Institute pursuant to this Act, notwithstanding the provisions concerning the dissolution and liquidation as referred to in the Civil Act, and the Korea Examination Institute shall succeed to all the property, rights and duties having been vested in the former juristic person. |
| (3) | The employees of the former juristic person at the time of establishment of the Korea Examination Institute shall be deemed to have been appointed as employees of the Korea Examination Institute. |
| (4) | The equivalent value of the property to be succeeded to the Korea Examination Institute pursuant to paragraph (2) shall be the book value on the previous date of the registration of establishment of the Korea Examination Institute. |
Article 5 Omitted.
ADDENDUM <Act No. 14899, Sep. 19, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15022, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDUM <Act No. 15447, Mar. 13, 2018>
This Act shall enter into force on the date of its promulgation.