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ACT ON THE IMPROVEMENT OF TRAINING CONDITIONS AND STATUS OF MEDICAL RESIDENTS

Act No. 13600, Dec. 22, 2015

Amended by Act No. 16260, Jan. 15, 2019

Act No. 17216, Apr. 7, 2020

 Article 1 (Purpose)
The purpose of this Act is to protect rights of medical doctors in residency years, and to contribute to ensuring the safety of patients, and nurturing good medical human resources by providing for matters necessary for improving training conditions of medical doctors in residency years and enhancing their status.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended on Jan. 15, 2019>
1. The term "medical resident" means a person who is enrolled in a training course with a license issued under Article 5 of the Medical Service Act to practice medicine in order to become a medical specialist prescribed in Article 77 of the aforesaid Act;
2. The term "training hospital or institution" means a medical institution, medical college, medical graduate school, or any other health-related institution designated under Article 13;
3. The term "supervising medical specialist" means a person who supervises the training of a medical resident, who is designated by the head of a training hospital or institution pursuant to Article 12 (1);
4. The term "training conditions" means standards for designation of training hospital or institutions, etc. such as facilities, human resources, equipment and treatment results for training medical residents; designation of specialized training courses; rules on training programs, including training hours and recess hours; and conditions of treatment of medical residents, including curricula of training programs and remunerations.
 Article 3 (State's Support)
(1) The State shall endeavor to provide an institutional strategy necessary for improving training conditions for medical residents and to implement policies therefor.
(2) The State may render administrative and financial assistance necessary for nurturing medical residents and evaluating their training conditions.
 Article 4 (Responsibilities, etc. of Heads of Training Hospitals and Institutions and Medical Residents)
(1) The head of each training hospital or institution and each medical resident shall cooperate with the State in implementing the State's policies for improving training conditions.
(2) The head of each training hospital or institution and each medical resident have the duty to observe the rules on training programs under Article 9 and to honor the training agreement in good faith.
 Article 5 (Formulation, etc. of Comprehensive Plan for Medical Residents)
(1) The Minister of Health and Welfare shall formulate and implement a comprehensive plan for medical residents every five years after deliberation by the committee for the assessment of training conditions under Article 15 so as to improve training conditions and enhance the status of medical residents.
(2) The comprehensive plan under paragraph (1) shall be formulated in accordance with the plan for the development of health and medical services under Article 15 of the Framework Act on Health and Medical Services.
 Article 6 (Relationship to Other Statutes)
This Act shall take precedence over other Acts as far as training conditions are concerned.
 Article 7 (Training Hours)
(1) The head of any training hospital or institution shall not force a medical resident to attend training programs for more than 80 hours per week, averaged during four weeks: Provided, That the hours may be increased by 8 hours per week for education purposes.
(2) The head of any training hospital or institution shall not force a medical resident to attend training programs for more than 36 consecutive hours: Provided, That a medical resident may be required to attend training programs for 40 consecutive hours in an emergency case.
(3) The head of each training hospital or institution shall allow at least 10 recess hours to a medical resident after the consecutive training hours specified by Presidential Decree.
 Article 8 (Protection for Maternity)
(1) Article 74 (1) through (4) of the Labor Standards Act shall apply to female medical residents' leave before and after childbirth and leave for miscarriage or stillbirth.
(2) Matters additionally arising in connection with the training programs under paragraph (1) shall be determined by the committee for the assessment of training conditions under Article 15.
 Article 9 (Formulation of Training Rules, etc.)
(1) The Minister of Health and Welfare shall formulate proposed standard rules on the training of, mentoring for, and supervision over medical residents with regard to the following matters (hereinafter referred to as "training rules") and shall provide the proposed rules to the head of each hospital or institution:
1. Maximum training hours per week;
2. Maximum consecutive training hours;
3. Maximum consecutive training hours in the emergency room;
4. The maximum number of duty days per week;
5. Methods for calculating amount of duty allowances;
6. Minimum recess hours between training sessions;
7. Days off and leave;
8. Methods for calculating and recording training hours;
9. Other matters prescribed by Ordinance of the Ministry of Health and Welfare with regard to training conditions.
(2) The head of each hospital or institution shall formulate training rules in accordance with the standard rules proposed under paragraph (1) and shall submit the rules to the Minister of Health and Welfare. The same procedure shall also apply to an amendment of the training rules so submitted.
(3) The Minister of Health and Welfare may order the head of a training hospital or institution to amend training rules, if the training rules do not meet the standards proposed by the standard training rules under paragraph (1). In such case, the head of a training hospital or institution shall comply with such order.
(4) The head of each training hospital or institution shall keep the training rules formulated under paragraph (2) in the training hospital or institution to make them available to medical residents for perusal.
 Article 10 (Training Agreement, etc.)
(1) When the head of a training hospital or institution makes an agreement with a medical resident on training programs, he/she shall clearly specify rules of the training hospital or institution on the training programs, remunerations, and other matters specified by Presidential Decree. The foregoing shall also apply to an amendment of the training agreement.
(2) When the head of a training hospital or institution executes or amends a training agreement, he/she shall prepare the training agreement in duplicate and keep one copy for his/her file and deliver the other copy to the medical resident.
(3) The head of a training hospital or institution shall ensure that the training agreement under paragraph (1) is made fairly of the medical resident’s own volition.
 Article 11 (Measures for Safety and Health)
The head of a training hospital or institution shall prepare and implement measures for safety and health of medical residents in good faith.
 Article 11-2 (Guidelines on Prevention of and Response to Violence)
(1) The Minister of Health and Welfare may undergo deliberation by a committee for the assessment of training conditions prescribed in Article 15 to prescribe and publicly notify guidelines with which the head of a training hospital or institution shall comply (hereinafter referred to as "Guidelines for Prevention of, and Response to Violence, etc."), in order to prevent violence, verbal abuse, sexual harrassment or violence, etc. (hereinafter referred to as "violence, etc.") against medical residents in the course of training of, mentoring for, and supervision over them and to swiftly respond to any incidence of violence, etc. and protect victims thereof. In such cases, the Minister of Health and Welfare may publicly notify separate guidelines on sexual harrassment or violence.
(2) The guidelines on prevention of, and response to, violence, etc. prescribed in paragraph (1) shall include the following matters:
1. To set up a system to report violence, etc. and inform medical residents of how to use it;
2. To investigate any incidence of violence, etc. and protect a victim thereof;
3. To take a disciplinary action against a perpetrator of violence, etc.;
4. To designate a division in charge of preventing, and responding to violence, etc. within a training hospital;
5. Ex post facto report on a committee for the assessment of training conditions pursuant to Article 15;
6. Other matters prescribed by Ordinance of the Ministry of Health and Welfare for the prevention of, and response to violence, etc.
[This Article Newly Inserted on Jan. 15, 2019]
 Article 12 (Designation of Supervising Medical Specialists)
(1) The head of a training hospital or institution may designate a person who meets all of the following requirements as a supervising medical specialist:
1. To be a medical specialist qualified under Article 77 (1) of the Medical Services Act;
2. To have completed training courses prescribed in Article 12-3 (1) 1.
(2) No person in whose case three years have not elapsed since an order issued by the Minister of Health and Welfare was revoked pursuant to Article 12-2 (1) shall be eligible for designation under paragraph (1).
(3) Matters necessary for the procedures, methods, etc. of designation prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Jan. 15, 2019]
[Previous Article 12 moved to Article 12-3 <Jan. 15, 2019>]
 Article 12-2 (Revocation of Designation of Supervising Medical Specialists)
(1) Where a medical specialist falls under any of the following cases, the Minister of Health and Welfare may undergo deliberation by a committee for the assessment of training conditions prescribed in Article 15 to order revocation of his/her designation (excluding the case of subparagraph 2) or suspension of his/her practice as a medical specialist for up to three years. In such cases, The head of a training hospital or institution shall comply with such order:
1. If a medical specialist inflicts physical or mental damage on a medical resident by perpetrating violence, etc. against him/her;
2. If a medical specialist fails to receive at least eight hours of training courses every three years, counting from the first year when he/she takes regular training courses prescribed in Article 12-3 (1) 2;
3. If he/she is deemed significantly under-qualified as a medical specialist.
(2) Matters necessary for the procedures, methods, etc. of the revocation of designation and the suspension of practice prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Jan. 15, 2019]
 Article 12-3 (Training of Supervising Medical Specialists)
(1) The head of a training hospital or institution shall ensure that an aspirant supervising medical specialist or a supervising medical specialist completes the following training courses to improve expertise in training medical residents and qualities as an educator: <Amended on Jan. 15, 2019>
1. For an aspirant supervising medical specialist: Basic training courses;
2. For a supervising medical specialist: Regular training courses.
(2) Matters necessary for the details, methods, timing, etc. of the basic training courses and regular training courses prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 15, 2019>
[Moved from Article 12 <Jan. 15, 2019>]
 Article 13 (Designation of Training Hospitals or Institutions and Specialized Courses for Training)
(1) The Minister of Health and Welfare shall designate a hospital or institution for training medical residents, from among the medical institutions, medical colleges, medical graduate schools, and health-related institutions prescribed in the Medical Service Act. In such cases, the Minister shall also designate courses specialized for training that a training hospital or institution can operate. <Amended on Jan. 15, 2019>
(2) In any of the following cases, the Minister of Health and Welfare may revoke the designation of a training hospital or institution or courses specialized for training prescribed in paragraph (1): <Amended on Jan. 15, 2019>
1. Where the trading agency has obtained the designation by fraud or other improper means;
2. If a hospital or institution wishes to have the designation revoked;
3. If a hospital or institution does not comply with an order issued under Article 17 to rectify any violation without any justifiable grounds;
4. If a hospital or institution fails to comply with an order to revoke designation as a supervising medical specialist or to suspend practice as such specialist prescribed in Article 12-2 (1) without good cause;
5. If a hospital or institution fails to comply with an order to relocate for training prescribed in Article 13-2 (1) without good cause;
6. Other cases specified by Presidential Decree as those where it is concluded that the hospital or institution is unable to maintain its status as a training hospital or institution or to operate courses specialized for training.
(3) The standards, procedures, and methods for the designation of a training hospital or institution and courses specialized for training, and the revocation of such designation and other necessary matters shall be prescribed by Presidential Decree. <Amended on Jan. 15, 2019>
[Title Amended on Jan. 15, 2019]
 Article 13-2 (Traineeship Transfer)
(1) In any of the following cases, the Minister of Health and Welfare may order the head of a training hospital or institution to take actions necessary for ensuring his/her medical resident be transferred to another training hospital or institution (hereinafter referred to as "traineeship transfer"). In such cases, the head of a training hospital or institution shall comply with such order:
1. If the designation of a training hospital or institution or a course specialized for training is revoked pursuant to Article 13 (2);
2. If the committee for the assessment of training conditions deems it impracticable that a medical resident can continue traineeship in his/her training hospital or institution for grounds such as violence, etc. prescribed in Article 15 or other unavoidable cases prescribed by Presidential Decree.
(2) The head of a training hospital or institution shall report the results of traineeship transfer to the committee for the assessment of training conditions prescribed in Article 15.
(3) The details, procedures, and methods for the traineeship transfer and the report prescribed in paragraph (2) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jan. 15, 2019]
 Article 14 (Assessment of Training Conditions)
(1) The Minister of Health and Welfare shall assess each training hospital or institution every year with respect to the items specified by Ordinance of the Ministry of Health and Welfare (hereinafter referred to as "assessment of training conditions"), including whether the training hospital or institution observes the standards for the designation as a training hospital or institution and courses specialized for training prescribed in Article 13, whether it observes training rules prescribed in Article 9, compliance with guidelines on prevention of and response to violence, etc. prescribed in Article 11-2 and whether it provides training programs to medical residents in accordance with medical service related statutes. <Amended on Jan. 15, 2019>
(2) The Minister of Health and Welfare may request the head of a training hospital or institution or any other relevant institution or organization to furnish him/her with information or present opinions, which is necessary for assessing training conditions. In receipt of such request, the person shall comply therewith, except in extenuating circumstances.
(3) The State may provide administrative and financial support to each training hospital or institution at a differential rate according to the results of the assessment of training conditions. In such cases, detailed criteria shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 15, 2019>
(4) The Minister of Health and Welfare shall reflect the results of the assessment of training conditions in the designation of a training hospital or institution and courses specialized for training prescribed in Article 13. <Amended on Jan. 15, 2019>
(5) The Minister of Health and Welfare shall publish the results of the assessment of training conditions. <Amended on Apr. 7, 2020>
(6) Matters necessary for the criteria and methods for the assessment of training conditions and the time, details, methods, etc. for the publication of the results of the assessment of training conditions shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Apr. 7, 2020>
 Article 15 (Committee for Assessment of Training Conditions)
(1) The Minister of Health and Welfare shall establish a committee for the assessment of training conditions (hereinafter referred to as the "Committee") in order to have the Committee deliberate on the following matters: <Amended on Jan. 15, 2019>
1. Policies and systems for improving training conditions and enhancing the status of medical residents;
2. Comprehensive plans for medical residents;
3. Matters concerning qualifications of medical specialists and training curriculum for them;
4. Provision of the training rules and proposed standard rules prescribed in Article 9;
4-2. Guidelines on prevention of and response to violence, etc. prescribed in Article 11-2;
5. Matters referred to in Article 8 (2);
5-2. Matters on revocation of designation or practice suspension of supervising medical specialists prescribed in Article 12-2 (1);
6. Matters concerning the designation of a training hospital or institution and courses specialized for training prescribed in Article 13 and the assessment of training conditions prescribed in Article 14;
7. Matters concerning the dispatch of medical residents for training and traineeship transfer;
8. Other matters on which the Minister of Health and Welfare deems necessary for the Committee to deliberate in connection with the training of medical residents.
(2) The Committee shall be comprised of up to 15 members, including the chairperson.
(3) Members of the Committee shall be appointed or commissioned by the Minister of Health and Welfare, from among the following persons, while the chairperson shall be elected by and from among the members:
1. Persons recommended by the medical associations prescribed in Article 28 (1) of the Medical Service Act;
2. Persons recommended by the associations of the medical institutions prescribed in Article 52 of the Medical Service Act;
3. Representatives of medical residents, recommended by the medical associations prescribed in Article 28 (1) of the Medical Service Act;
4. Persons recommended by corporations providing medical service and organizing and arranging curricula for training medical residents;
5. Grade-V or higher-ranking public officials of the Ministry of Health and Welfare, who take charge of affairs related to policies on health and medical services;
6. Persons designated by the Minister of Health and Welfare, from among experts in the assessment of training conditions.
(4) The Minister of Health and Welfare may render financial support, etc. to the Committee as necessary, within the budgetary limits.
(5) The Committee may have subcommittees for efficient operation of the Committee.
(6) Matters necessary for the formation and operation of the Committee and its subcommittees shall be prescribed by Presidential Decree.
 Article 16 (Reports, Investigations, etc.)
(1) If the Minister of Health and Welfare deems it necessary for the enforcement of this Act, he/she may request the head of a training hospital or institution to submit a report or relevant documents or to cooperate with him/her or may authorize public officials of the Ministry to enter the training hospital or institution to ask questions to people involved or to investigate or inspect relevant books of accounts, documents, etc., as prescribed by Ordinance of the Ministry of Health and Welfare.
(2) Public officials who investigate or inspect under paragraph (1) shall carry a certificate indicating their authority and shall present it to related people.
 Article 17 (Corrective Orders)
(1) The Minister of Health and Welfare may order the head of a training hospital or institution to rectify any violation of this Act.
(2) The criteria and methods of, and procedure for corrective order and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 18 (Entrustment of Duty)
The Minister of Health and Welfare may entrust a related institution with the following work, as prescribed by Presidential Decree: <Amended on Jan. 15, 2019>
1. Receiving training rules submitted under Article 9 (2);
2. Search for data for the designation of training hospitals, etc. and courses specialized for training prescribed in Article 13 and the assessment of training conditions prescribed in Article 14;
3. Assistance to the committee for the assessment of training conditions for its operation prescribed in Article 15.
 Article 18-2 (Legal Fiction as Public Officials in Application of Penalty Provisions)
The members of the Committee who are not public officials shall be deemed public officials in applying Articles 127 and 129 through 132 of the Criminal Act.
[This Article Newly Inserted on Jan. 15, 2019]
 Article 19 (Fine for Negligence)
Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Jan. 15, 2019>
1. The head of a training hospital or institution who violates any provision of Article 7 (1) through (3);
2. The head of a training hospital or institution who does not submit training rules, in violation of Article 9 (2);
3. The head of a training hospital or institution who does not comply with an order, in violation of Article 9 (3);
4. The head of a training hospital or institution who fails to comply with guidelines on prevention of, and response to, violence, etc., in violation of Article 11-2 (1);
5. The head of a training hospital or institution who fails to comply with an order to revoke designation or to suspend practice as a supervising medical specialist, in violation of Article 12-2 (1);
6. The head of a training hospital or institution who fails to comply with an order for traineeship transfer, in violation of Article 13-2 (1).
(2) Any person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding three million won:
1. The head of a training hospital or institution who does not observe the training rules formulated under Article 9 (2) (excluding the training rules on training hours prescribed in Article 7 (1) through (3)), in violation of Article 4 (2);
2. The head of a training hospital or institution who does not provide information in accordance with Article 14 (2) or fabricates and provides false information.
(3) Any person who fails to file a report prescribed in Article 16 (1); or rejects, interferes with, or evades an investigation or inspection shall be subject to an administrative fine of not more than two million won.
(4) Any of the following persons shall be subject to an administrative fine of not more than one million won: <Amended on Jan. 15, 2019>
1. The head of any training hospital or institution who fails to deliver a copy of a training agreement to the relevant medical resident, in violation of Article 10 (2);
2. The head of any training hospital or institution who fails to ensure that supervising medical specialists complete necessary regular training courses, in violation of Article 12-3 (1).
(5) Notwithstanding paragraph (1) 1, the penalty for a breach of the duty prescribed in Article 7 may be mitigated or remitted, if the breach is justified on any of the grounds specified by Presidential Decree, including the protection of a patient and an emergency situation.
(6) Administrative fines prescribed in paragraphs (1) through (4) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree.
ADDENDA <Act No. 13600, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That Article 7 shall enter into force two years after the date of its promulgation.
Article 2 (Transitional Measure concerning Training Rules)
The training rules formulated by the head of a training hospital or institution and submitted to the Minister of Health and Welfare in accordance with former provisions before this Act enters into force are deemed as training rules formulated and submitted under this Act: Provided, That the head of the hospital or institution shall amend the training rules in accordance with this Act and submit the rules to the Minister of Health and Welfare within six months after the enforcement date of this Act.
Article 3 (Transitional Measures concerning Training Agreements)
(1) A training agreement made by the head of a training hospital or institution and a medical resident before this Act enters into force is deemed a training agreement made under this Act: Provided, That the head of the hospital or institution and the medical resident shall amend the training agreement in accordance with the training rules submitted in accordance with this Act and the proviso to Article 2 of the Addenda within six months after the enforcement of this Act.
(2) The former training agreement shall apply to the remunerations that the head of a training hospital or institution shall pay to a medical resident due to any cause or event that has arisen before this Act enters into force.
ADDENDA <Act No. 16260, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 18-2 and Article 12-2 shall respectively enter into force three months and one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Designation of Supervising Medical Specialists)
The supervising medical specialists designated pursuant to previous provisions as at this time this Act enters into force shall be deemed designated pursuant to this Act, notwithstanding the amended provisions of Article 12: Provided, That the relevant supervising medical specialist shall meet the requirements as amended under Article 12 (1) 2 within six months after this Act enters into force.
Article 3 (Transitional Measures concerning Regular Training Courses)
The training courses taken by supervising medical specialists pursuant to previous Article 12 as at the time this Act enters into force shall be deemed regular training courses as amended under Article 12-3 (1) 2.
ADDENDA <Act No. 17216, Apr. 7, 2020>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Article 2 (Applicability to Publication of Assessment of Training Conditions)
The amended provisions of Article 14 (5) shall begin to apply from the first assessment of training conditions conducted after this Act enters into force.