CANCER CONTROL ACT
Wholly Amended by Act No. 10333, May 31, 2010
Amended by Act No. 10465, Mar. 29, 2011
Act No. 11690, Mar. 23, 2013
Act No. 13323, May 18, 2015
Act No. 13654, Dec. 29, 2015
Act No. 14013, Feb. 3, 2016
Act No. 14000, Feb. 3, 2016
Act No. 14888, Sep. 19, 2017
Act No. 15890, Dec. 11, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to relieve the personal pain, damage and social burden due to cancer and contribute to the promotion of national health by formulating and executing comprehensive policies of the State, on the prevention, diagnosis and treatment of and research into cancer.
The terms used in this Act shall be defined as follows:
| 1. | The term "terminal cancer patient" means a cancer patient with no possibility of essential recovery, whose symptoms worsen gradually and who is expected to die within a few months, notwithstanding the aggressive treatment; |
| 2. | The term "palliative care for a terminal cancer patient" means medical care aiming to improve the quality of life of a terminal cancer patient and his/her family through the comprehensive assessment and treatment on physical, psycho-social and spiritual aspects, including relief from pain, symptoms, etc. |
| Article 3 (Duties of State) |
| (1) | The State and local governments shall proactively endeavors to prevent cancer and provide appropriate medical care services to cancer patients by implementing and supporting projects concerning the prevention, diagnosis and treatment of and research into cancer, etc. (hereinafter referred to as "cancer control"). |
| (2) | A medical care provider and the head of a medical institution under the Medical Service Act shall closely cooperate in projects concerning cancer control performed by the State and local governments (hereinafter referred to as "cancer control projects"). |
| Article 4 (Cancer Prevention Day and Publicity) |
| (1) | In order to enhance citizens' understanding of cancer and inspire them with volition for the prevention, cure and control of cancer, the State shall designate the 21st day of March every year as Cancer Prevention Day and hold events appropriate therefor. |
| (2) | The State and local governments shall provide education and publicity to enhance pan-national interest in cancer control, such as the prevention of the development of cancer, and early detection of cancer. |
CHAPTER II CANCER CONTROL
SECTION 1 Formulation of Master Plans for Cancer Control
| Article 5 (Formulation of Master Plans for Cancer Control) |
| (1) | The Minister of Health and Welfare shall formulate master plans for cancer control every five years following deliberation by the National Cancer Control Commission pursuant to Article 6. |
| (2) | A master plan for cancer control shall include the following matters: |
| 1. | The objectives of and direction-setting for cancer control projects; |
| 2. | A plan for the promotion of cancer control projects and methods of the promotion thereof; |
| 3. | Matters concerning the nurturing of specialized human resources necessary for cancer control; |
| 4. | Other matters necessary for cancer control. |
| (3) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), and the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu: hereinafter the same shall apply) shall formulate a detailed execution plan according to the relevant master plan for cancer control in consideration of the actual conditions of such local government, respectively. <Amended by Act No. 13654, Dec. 29, 2015> |
| (4) | A detailed execution plan pursuant to paragraph (3) shall be formulated and included in a regional public health and medical care plan pursuant to Article 7 of the Regional Public Health Act. <Amended by Act No. 13323, May 18, 2015> |
| Article 6 (National Cancer Control Commission) |
In order to deliberate on important matters concerning cancer control, such as the formulation of master plans for cancer control, the National Cancer Control Commission (hereinafter referred to as the "Commission") shall be established under the jurisdiction of the Minister of Health and Welfare.
| Article 7 (Formation of Commission) |
| (1) | The Commission shall be comprised of not more than 15 members, including one chairperson. |
| (2) | The Vice Minister of Health and Welfare shall be the chairperson of the Commission. |
| (3) | The Minister of Health and Welfare shall appoint or commission members of the Commission, from among those who have abundant knowledge and experience relating to cancer. |
| (4) | Other necessary matters concerning the formation, organization and operation of the Commission shall be prescribed by Presidential Decree. |
| Article 8 (Functions of Commission) |
The Commission shall deliberate on the following matters:
| 1. | Development of the national cancer control organization and system; |
| 2. | Formulation and assessment of a master plan for cancer control; |
| 3. | Yearly plan for the performance of cancer control projects; |
| 4. | Important matters concerning the budget for cancer control projects. |
SECTION 2 Cancer Research Projects
| Article 9 (Cancer Research Projects) |
| (1) | The Minister of Health and Welfare shall perform cancer research and development projects (hereinafter referred to as "cancer research projects") for the prevention of cancer and the development of technology for diagnosis and treatment thereof. |
| (2) | When the Minister of Health and Welfare promotes cancer research projects, he/she shall preferentially subsidize joint research projects among academic circles, research institutions and industries. |
| (3) | The Minister of Health and Welfare shall endeavor to promote international collaboration in cancer research projects and formulate a plan for overseas dispatch of specialized human resources and inducement thereof into the Republic of Korea for the importation of advanced technology. |
| (4) | The Minister of Health and Welfare may have the National Cancer Center established pursuant to Article 27 (hereinafter referred to as the "National Cancer Center") perform the following duties, in order to perform duties, such as planning, administration and assessment, concerning specific and detailed matters of cancer research projects in an efficient manner: |
| 1. | Forecasts of domestic and overseas trends in cancer research projects and demand for cancer research projects; |
| 2. | Preparation of a plan for cancer research projects; |
| 3. | Public invitation, deliberation and selection of tasks for cancer research projects by year; |
| 4. | Assessment and utilization of the outcomes of cancer research projects; |
| 5. | Other matters necessary for cancer research projects. |
| (5) | Matters to be observed by the National Cancer Center when it performs duties pursuant to paragraph (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 10 (Development and Dissemination of Methods for Diagnosis and Treatment) |
| (1) | The Minister of Health and Welfare shall develop efficient and proper methods for the prevention, diagnosis and treatment of cancer, and actively disseminate such methods. |
| (2) | The Minister of Health and Welfare shall formulate supportive policies to promote the utilization of new technology concerning methods for the prevention, diagnosis and treatment of cancer developed in accordance with paragraph (1). |
| Article 11 (Cancer Checkup Service) |
| (1) | In order to increase cure rate of cancer and reduce the death rate from cancer, the Minister of Health and Welfare shall provide checkup service for early detection of cancer (hereinafter referred to as "cancer checkup service"). |
| (2) | Necessary matters concerning the scope of cancer checkup service, persons eligible for such service, kinds of cancer, a period for checkup on cancer, age standard, etc. shall be prescribed by Presidential Decree. In such cases, the Minister of Health and Welfare shall determine persons eligible for cancer checkup service, kinds of cancer and a period for checkup, etc. in consideration of statistics on cancer and data on cure of cancer, such as a cancer incidence rate, a survival rate and death rate from cancer, etc. |
| (3) | Necessary matters concerning methods of and procedures for checkup on cancer shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) | The Minister of Health and Welfare may subsidize all or some of expenses incurred in relation to cancer checkup to beneficiaries of medical care benefits under the Medical Care Assistance Act and health insurance subscribers prescribed by Presidential Decree among persons eligible for cancer checkups, from the budget or the National Health Promotion Fund (hereinafter referred to as the "National Health Promotion Fund") under the National Health Promotion Act. |
| Article 12 (Services for Cancer Outpatients) |
The Minister of Health and Welfare shall provide the following services for cancer patients being treated or recuperating at home (hereinafter referred to as "cancer outpatients"):
| 1. | Home visit services for pain management, palliative care, nursing and consulting service for cancer outpatients; |
| 2. | Development and dissemination of educational programs for cancer outpatients and their families; |
| 3. | Other services prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 13 (Subsidizing Service of Medical Expenses for Cancer Patients) |
| (1) | The State and local governments may subsidize expenses incurred in relation to medical treatment of cancer to cancer patients from the budget or the National Health Promotion Fund, in consideration of the economic ability of cancer patients to bear expenses by kind of cancer. |
| (2) | A person who intends to be subsidized with medical expenses pursuant to paragraph (1) or his/her agent, shall file an application for subsidization with the head of the competent public health center. <Newly Inserted by Act No. 14000, Feb. 3, 2016> |
| (3) | Where an application is filed pursuant to paragraph (2), a written consent of the relevant cancer patient and his/her family member (referring to a member of an individual household defined in subparagraph 8 of Article 2 of the National Basic Living Security Act; the same shall apply hereinafter) shall be submitted in relation to the provision of any of the following data or information: <Newly Inserted by Act No. 14000, Feb. 3, 2016> |
| 3. | Insurance premiums paid for any purchased insurance referred to in any subparagraph of Article 4 (1) of the Insurance Business Act, and any other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information"). |
| (4) | Necessary matters concerning persons eligible for subsidization of medical expenses, standards and methods thereof pursuant to paragraph (1), methods and procedures for giving consent pursuant to paragraph (3), and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 14000, Feb. 3, 2016> |
| Article 13-2 (Providing Financial Information, etc.) |
| (5) | No person who currently engages or formerly engaged in business referred to in paragraph (1) or (2), shall use financial information, etc. learned in the course of performing his/her duties for other than the purposes specified in this Act, or provide or divulge such information to other person or institution. |
| (6) | Matters necessary for a request for the provision of financial information, etc., the provision thereof referred to in paragraphs (1), (2), and (4), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14000, Feb. 3, 2016]
| Article 14 (Cancer Registration Statistics Services) |
| (1) | The Minister of Health and Welfare shall provide services for registration, management and research (hereinafter referred to as "cancer registration statistics services") to collect statistics on cancer incidence rates and survival rates of cancer patients, etc. through the continuous and systematic collection and analysis of data on risk factors of the development of cancer and the development and cure of cancer. In such cases, the Statistics Act shall apply mutatis mutandis to the collection of statistical data and the compilation of statistics, etc., and any personal information processed to collect statistics shall be deemed personal information to which the Personal Information Protection Act shall not apply, pursuant to Article 58 (1) of the same Act. <Amended by Act. No. 10465, Mar. 29, 2011> |
| (2) | The Minister of Health and Welfare may request medical care providers or medical institutions diagnosing and treating cancer patients, the National Health Insurance Corporation and the Health Insurance Review and Assessment Service under the National Health Insurance Act, and any other corporation, institution or organization conducting cancer-related business to submit data or state opinions necessary for cancer registration statistics services, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, a person requested to submit data shall comply with such request, except in extenuating circumstances. |
| (3) | Where the Minister of Health and Welfare manages personally identifiable information in connection with cancer registration statistics services, he/she shall take measures necessary to ensure its safety, such as encrypting such information, in order to protect personal information, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13654, Dec. 29, 2015> |
| Article 15 (Cancer Information Services) |
| (1) | The Minister of Health and Welfare shall provide services (hereinafter referred to as "cancer information services") gathering information on cancer continuously and systematically and providing such information to citizens efficiently. |
| (2) | The Minister of Health and Welfare may have the National Cancer Center to provide cancer information services in order to efficiently promote cancer information services. |
| (3) | Cancer information services pursuant to paragraph (1) shall be as follows: |
| 1. | Collection of various information on cancer, the establishment and management of a database thereon; |
| 2. | Provision of information on cancer to citizens and consultation with them thereabout; |
| 3. | Development of educational materials on cancer, and education and publicity thereon; |
| 4. | Other services the Minister of Health and Welfare deems necessary concerning the establishment and provision of a cancer information database. |
| Article 16 (Epidemiological Investigations) |
| (1) | The Minister of Health and Welfare may conduct an epidemiological investigation, if he/she deems it necessary for finding causes of the development of cancer. |
| (2) | Necessary matters concerning the timing for, methods and details of epidemiological investigations pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
SECTION 3 Central Cancer Registration Headquarters, Regional Cancer Registration Headquarters and Regional Cancer Centers
| Article 17 (Designation of Central Cancer Registration Headquarters and Regional Cancer Registration Headquarters) |
| (1) | The Minister of Health and Welfare may designate the National Cancer Center or research institutions specialized in cancer, which meet the standards for facilities, human resources, equipment, etc. prescribed by Ordinance of the Ministry of Health and Welfare as Central Cancer Registration Headquarters in order to provide the following services: |
| 1. | Collection, analysis and management of data to collect statistics on cancer, such as a development rate, survival rate of cancer patients, etc.; |
| 2. | Investigations and research related to cancer registration statistics services; |
| 3. | Education and training, and international collaboration related to cancer registration statistics services; |
| 4. | Support to regional cancer registration headquarters; |
| 5. | Other services the Minister of Health and Welfare deems necessary in connection with cancer registration statistics services. |
| (2) | The Minister of Health and Welfare may designate a regional cancer center pursuant to Article 19 or an institution from among related specialized institutions meeting the standards for facilities, human resources, equipment, etc. prescribed by Ordinance of the Ministry of Health and Welfare as regional cancer registration headquarters of the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"), in order to provide the following services: <Amended by Act No. 13654, Dec. 29, 2015> |
| 1. | Collection, analysis and management of data to collect statistics on cancer, such as a cancer incidence rate, survival rate of cancer patients, etc. of the relevant area; |
| 2. | Investigations and research related to cancer registration statistics services of the relevant area; |
| 3. | Other services the Minister of Health and Welfare or the head of Central Cancer Registration Headquarters deems necessary in connection with cancer registration statistics services. |
| (3) | Where the Central Cancer Registration Headquarters or a regional cancer registration headquarters falls under any of the following subparagraphs, the Minister of Health and Welfare may cancel designation thereof: |
| 1. | Where it fails to provide a service pursuant to paragraph (1) or (2), or to follow the direction and supervision pursuant to Article 18; |
| 2. | Where it fails to meet the standards for designation pursuant to paragraph (1) or (2); |
| 3. | Where it falls under other grounds prescribed by Presidential Decree. |
| (4) | Necessary matters concerning procedures for designation of the Central Cancer Registration Headquarters or a regional cancer registration headquarters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 18 (Direction and Supervision of Central Cancer Registration Headquarters and Regional Cancer Registration Headquarters) |
| (1) | The head of the Central Cancer Registration Headquarters shall formulate a plan for cancer registration statistics services every year and notify regional cancer registration headquarters, medical care providers or the heads of medical institutions diagnosing and treating cancer patients of details of, standards, etc. for statistical data on cancer registration. |
| (2) | The head of Central Cancer Registration Headquarters shall integrate and analyze the results of cancer registration statistics services of the preceding year and report the same to the Minister of Health and Welfare by the end of February of the following year and then publish the same every year. |
| (3) | Where the head of a regional cancer registration headquarters intends to publish the results of cancer registration statistics services, he/she shall consult with the head of the Central Cancer Registration Headquarters in advance. |
| (4) | The Minister of Health and Welfare may have the head of the Central Cancer Registration Headquarters and the head of a regional cancer registration headquarters report the situation concerning the provision of related services, if necessary in connection with cancer registration statistics services. |
| Article 19 (Designation of Regional Cancer Centers) |
| (1) | The Minister of Health and Welfare may designate a general hospital meeting the standards prescribed by Ordinance of the Ministry of Health and Welfare from among general hospitals as defined in Article 3 (2) 3 (e) of the Medical Service Act as a regional cancer center for each Si/Do. |
| (2) | A regional cancer center shall provide the following services: |
| 1. | Research into the development, prevention, diagnosis, treatment and control, etc. of cancer; |
| 2. | Diagnosis and treatment of cancer patients; |
| 3. | Publicity, education and training on the prevention and control of cancer; |
| 4. | Collection, analysis and provision of statistical data on cancer registration; |
| 5. | Other services prescribed by Ordinance of the Ministry of Health and Welfare, as services necessary for cancer control. |
| (3) | Where a regional cancer center fails to provide services referred to in the subparagraphs of paragraph (2) or provides unsatisfactory services, the Minister of Health and Welfare may order it to make corrections. |
| (4) | Where a regional cancer center falls under any of the following subparagraphs, the Minister of Health and Welfare may cancel the designation thereof: |
| 1. | Where it fails to meet the standards for designation pursuant to paragraph (1); |
| 2. | Where it fails to provide any service referred to in the subparagraphs of paragraph (2) or provides unsatisfactory services; |
| 3. | Where it fails to comply with orders to make corrections pursuant to paragraph (3). |
| (5) | Matters necessary for procedures for designation of a regional cancer center pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
SECTION 4 (Articles 20 through 26) Deleted.
CHAPTER III NATIONAL CANCER CENTER
| Article 27 (Establishment of National Cancer Center) |
| (1) | The National Cancer Center shall be established and operated for conducting specialized research into cancer and diagnosis and treatment of cancer patients. |
| (2) | The National Cancer Center shall be a juristic person. |
| (3) | The National Cancer Center shall be formed by registration for its establishment at the seat of its main office. |
| (4) | Matters concerning registration for establishment pursuant to paragraph (3) shall be as follows: |
| 3. | The main office and affiliated organizations; |
| 4. | Names and domiciles of executive officers; |
| 5. | Methods of making public announcements. |
| Article 28 (Articles of Association) |
| (1) | The following matters shall be entered in the articles of association of the National Cancer Center: |
| 3. | The seat of the main office and affiliated organizations; |
| 4. | Matters concerning services and finances; |
| 5. | Matters concerning the board of directors; |
| 6. | Matters concerning the organization and the fixed number of employees; |
| 7. | Matters concerning amendment to the articles of association; |
| 8. | Matters concerning the dissolution; |
| 9. | Matters concerning methods of a public announcement; |
| 10. | Matters concerning the conclusion of an agreement for support of human resources and technology. |
| (2) | Where the National Cancer Center intends to amend its articles of association, it shall obtain approval of the Minister of Health and Welfare. |
| Article 29 (Establishment of Affiliated Organizations) |
| (1) | A cancer research institute, affiliate hospital, National Cancer Control Headquarters and other necessary organizations shall be established in the National Cancer Center. |
| (2) | The National Cancer Center may establish a graduate school (hereinafter referred to as "graduate school") pursuant to Article 30 of the Higher Education Act after obtaining authorization from the Minister of Education. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters necessary for the organization, teaching staff, operation of curricula for a degree, etc. of a graduate school shall be prescribed by Presidential Decree. |
The National Cancer Center shall provide the following services:
| 1. | Research into the development, prevention, diagnosis, treatment and control, etc. of cancer; |
| 2. | Diagnosis and treatment of cancer patients; |
| 3. | Education, training and support related to services for cancer outpatients pursuant to Article 12; |
| 4. | Publicity on the prevention and control of cancer; |
| 5. | Collection, analysis and provision of information and statistics related to cancer; |
| 6. | Domestic and overseas collaboration related to cancer; |
| 7. | Development and dissemination of new technology for the prevention, diagnosis, treatment, etc. of cancer; |
| 8. | Where it is entrusted with various services concerning cancer pursuant to Article 50 (2), such entrusted services; |
| 9. | Services incidental to services referred to in subparagraphs 1 through 8. |
SECTION 2 Executive Officers and Board of Directors
| Article 31 (Executive Officers) |
| (1) | The National Cancer Center shall have, as executive officers, not more than nine directors, including the chairperson and president, and one auditor. |
| (2) | The chairperson, directors (excluding not more than five ex officio directors prescribed by Presidential Decree; hereafter the same shall apply in paragraph (4) and Article 32 (1) 2) and the auditor shall be elected in the board of directors, and they shall be approved by the Minister of Health and Welfare. |
| (3) | Executive officers, other than the president, shall hold a part-time position. |
| (4) | The term of office of the chairperson and directors shall be three years, and they may be re-elected only once. |
| (5) | The term of office of the auditor shall be two years, and he/she may be re-elected only once. |
| (6) | Where a vacancy occurs during the term of office of an executive officer, the term of office of an executive officer filling a vacancy excluding an ex officio director shall be the remainder of the term of office of his/her predecessor. |
| (7) | The auditor shall audit accounts and inspect services of the National Cancer Center. |
| Article 32 (Board of Directors) |
| (1) | The National Cancer Center shall have a board of directors to deliberate and decide on the following matters: |
| 1. | Budget and settlement of accounts; |
| 2. | Election of the chairperson, directors and auditor; |
| 3. | Recommendation of the president; |
| 4. | Amendments to the articles of association; |
| 5. | Management, operation and use of contributions; |
| 6. | Other matters the board of directors deems specifically necessary. |
| (2) | The board of directors shall be comprised of directors, including the chairperson and president. |
| (3) | The chairperson shall call a meeting of the board of directors and preside over the meeting. |
| (4) | No chairperson shall hold a concurrent office as president. |
| (5) | The auditor may attend and speak at a meeting of the board of directors. |
| (1) | The National Cancer Center shall have one president. |
| (2) | The president shall represent the National Cancer center, preside over its services, and direct and supervise employees belonging thereto. |
| (3) | The Minister of Health and Welfare shall appoint the president upon the recommendation of the board of directors. |
| (4) | The term of office of the president shall be three years and he/she may be reappointed only once. |
| (5) | Where the president is unable to perform his/her duties due to unavoidable circumstances, a person prescribed by the articles of association shall perform such duties on behalf of him/her. |
| Article 34 (Appointment and Dismissal of Employees) |
| (1) | The president of National Cancer Center shall appoint or dismiss the head of the Cancer Research Institute and the head of the National Cancer Control Headquarters pursuant to Article 29 (1) with approval of the Minister of Health and Welfare. |
| (2) | The president of the National Cancer Center shall be the president of a graduate school pursuant to Article 29 (2). |
| (3) | The president of the National Cancer Center shall appoint or dismiss other employees, as prescribed by the articles of association. |
| Article 35 (Concurrent Office of Employees) |
| (1) | Where necessary for providing services referred to in Article 30, a public educational official working in a university as defined in subparagraph 1 of Article 2 of the Higher Education Act may concurrently conduct research in the Cancer Research Institute of the National Cancer Center and diagnosis and treatment in a hospital in affiliation therewith, with permission from the president or dean of the university to which he/she belongs. |
| (2) | Where a public educational official provides services concurrently pursuant to paragraph (1), his/her duties, remuneration and other matters necessary for holding a concurrent office shall be prescribed by Presidential Decree. |
SECTION 3 Management and Operation
| Article 36 (Financial Resources) |
The National Cancer Center shall be operated with contributions pursuant to Article 37, earnings from services pursuant to Article 30, donations and other income.
| Article 37 (Contribution or Subsidization) |
| (1) | The Government may contribute or subsidize expenses incurred in relation to services and the operation of the National Cancer Center from the budget or the National Health Promotion Fund. |
| (2) | The National Cancer Center shall submit a written request for an estimate of contributions for the following year by the 30th day of April of each business year to the Minister of Health and Welfare, as prescribed by Presidential Decree. |
| Article 38 (Gratuitous Lending of State Property) |
| (1) | When the Government deems it necessary for the establishment and operation of the National Cancer Center, it may lend State property to the National Cancer Center gratuitously, notwithstanding the provisions of the State Property Act. |
| (2) | Matters necessary for lending pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 39 (Business Year) |
A business year of the National Cancer Center shall coincide with a fiscal year of the Government.
| Article 40 (Submission of Operation Plans) |
| (1) | The National Cancer Center shall prepare and submit an operation plan and budget to the Minister of Health and Welfare, and obtain his/her approval before the commencement of each business year, as prescribed by Presidential Decree. |
| (2) | Where the National Cancer Center intends to amend important matters in an operation plan and budget submitted under paragraph (1), it shall prepare and submit an operation plan and budget in advance, in which matters to be amended and reasons for modification are specified, and obtain approval of the Minister of Health and Welfare. |
| Article 41 (Submission of Statements of Accounts) |
The National Cancer Center shall prepare a statement of accounts for each business year, undergo an audit by a certified public accountant and then submit it to the Minister of Health and Welfare by the end of February of the following year, as prescribed by Presidential Decree.
| Article 42 (Collaboration in Business and Conclusion of Agreements) |
| (1) | The National Cancer Center may promote services concerning the distribution of medical knowledge of cancer and technology for medical treatment of cancer in collaboration with other medical institution or research institution. |
| (2) | Where the president of National Cancer Center deems it necessary for providing services referred to in Article 30, he/she may enter into an agreement with a university, research institution or medical institution on support of human resources and technology. |
| Article 43 (Prohibition of Use of Same Name) |
Unless a person is the National Cancer Center under this Act, he/she shall not use the name of the National Cancer center.
| Article 44 (Duty to Maintain Confidentiality) |
No current or former executive officer or employee of the National Cancer Center shall divulge or misappropriate confidential information known to him/her in the course of performing his/her duties.
| Article 45 (Application Mutatis Mutandis of the Civil Act) |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 46 (Subsidization of Expenses) |
The State and a local government may subsidize all or some of any of the following expenses:
| 1. | Expenses incurred in expanding facilities, human resources, equipment, etc. necessary for a regional cancer center to provide services referred to in Article 19 (2); |
| 2. | Expenses incurred in providing cancer registration statistics services of the Central Cancer Registration Headquarters and a regional cancer registration headquarters and expenses incurred in submitting statistical data on cancer registration of a medical institution; |
| 3. | Expenses incurred in providing and supporting cancer checkup services; |
| 4. | Expenses incurred in providing palliative care services and services for cancer outpatients; |
| 5. | Expenses incurred in providing education and publicity services on cancer by a corporation or organization providing cancer control services entrusted pursuant to Article 50 (2); |
| Article 47 (Instructions and Supervision) |
The Minister of Health and Welfare may instruct and supervise services of the National Cancer Center, have it report necessary matters concerning services, accounts, etc., or require it to submit necessary documents.
Where the Minister of Health and Welfare intends to cancel designation pursuant to Article 17 (3) or 19 (4), he/she shall hold a hearing. <Amended by Act No. 14013, Feb. 3, 2016>
| Article 49 (Prohibition of Use of Personal Information for Purposes other Than Intended Objectives) |
No person who is or was engaged in cancer control services in accordance with this Act shall provide any personal information known to him in the course of performing his/her duties to others, divulge or misappropriate such information for purposes other than intended objectives, except for cases prescribed in Article 18 (2) of the Personal Information Protection Act. <Amended by Act. No. 10465, Mar. 29, 2011>
| Article 50 (Delegation and Entrustment) |
| (1) | The Minister of Health and Welfare may delegate part of his/her authority under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Health and Welfare may entrust some of his/her duties under this Act to the National Cancer Center, the National Health Insurance Corporation and the Health Insurance Review and Assessment Service under the National Health Insurance Act, or other corporation or organization providing cancer control services, as prescribed by Presidential Decree. |
CHAPTER V PENALTY PROVISIONS
| Article 50-2 (Penalty Provisions) |
| (1) | A person who uses financial information or personal information for other than the purposes specified in this Act, or provides or divulges such information to other person or institution in violation of Article 13-2 (5) or 49, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 14888, Sep. 19, 2017> |
| (2) | Deleted. <by Act No. 14888, Sep. 19, 2017> |
[This Article Newly Inserted by Act No. 14000, Feb. 3, 2016]
| Article 51 (Penalty Provisions) |
A person who violates Article 44 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended by Act No. 14888, Sep. 19, 2017>
| Article 52 (Administrative Fines) |
| (1) | An administrative fine not exceeding two million won shall be imposed on a person who violates Article 43. |
| (2) | The Minister of Health and Welfare shall impose and collect administrative fines pursuant to paragraph (1), as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Transitional Measures concerning Institutions Specialized in Providing Palliative Care)
A medical institution specialized in treating terminal cancer patients designated in accordance with the previous provisions as at the time this Act enters into force shall be deemed an institution specialized in providing palliative care designated in accordance with the amended provisions of Article 22. Article 4 (Transitional Measures concerning National Cancer Center)
The National Cancer Center established in accordance with the previous National Cancer Center Act as at the time this Act enters into force shall be deemed established in accordance with this Act. Article 5 (Transitional Measures concerning Executive Officers of National Cancer Center)
An executive officer appointed in accordance with the previous National Cancer Center Act as at the time this Act enters into force shall be deemed appointed in accordance with this Act, and the term of office of such executive officer shall be reckoned from the date of the preceding appointment. Article 6 Omitted.
ADDENDA <Act No. 10465, Mar. 29, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
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.
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.
ADDENDUM <Act No. 13654, Dec. 29, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 14 (3) shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14000, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14013, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14888, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15890, Dec. 11, 2018>
This Act shall enter into force on the date of its promulgation.