CHAPTER I GENERAL PROVISIONS
The purposes of this Act are to improve the quality of health services and to contribute to improving health of the people by providing the supply of health professionals to meet the demand therefor by health facilities in a smooth manner and by prescribing matters necessary for the improvement of health professionals' work environment, for the increase of their welfare, for the training of health professionals, etc.
The terms used in this Act are defined as follows:
| 1. | The term "health services" means all the activities performed by health professionals to protect and improve people's health; |
| 2. | The term "health facilities" means the following institutions or facilities: |
| (d) | Public health clinics under the Act on Special Measures for Health and Medical Services in Agricultural and Fishing Villages; |
| (e) | Other facilities or institutions prescribed by Presidential Decree, in which health professionals provide health services to the public or to a number of specific persons; |
| 3. | The term "health professionals" means those who have obtained the following license, qualification, etc.: |
| (c) | Medical service technologists, health record administrators and opticians under the Medical Service Technologists Act; |
| (e) | The persons prescribed by Presidential Decree, who have obtained a license or qualification as prescribed by health related statutes and regulations, such as dieticians under the National Nutrition Management Act; |
| 4. | The term "staff working in health facilities" means those other than health professionals under subparagraph 3, who are engaged in duties other than health services in the health facilities. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall establish and implement measures necessary for giving assistance in meeting the demand for health professionals and in providing the supply thereof in a smooth manner and for improving their welfare. |
| (2) | Local governments shall establish and implement measures suitable for the health environment and characteristics of their jurisdictions in order to give assistance in meeting the demand for health professionals and in providing the supply thereof in a smooth manner and in improving their welfare. |
| Article 4 (Relationship to Other Statutes) |
CHAPTER II FORMULATION OF MASTER PLANS FOR PROVIDING ASSISTANCE WITH HEALTH PROFESSIONALS
| Article 5 (Formulation of Master Plans for Providing Assistance with Health Professionals) |
| (1) | In order to assist health facilities in securing health workforce in a smooth manner, in improving work environment, etc., the Minister of Health and Welfare shall, every five years, formulate a health workforce master plan (hereinafter referred to as "master plan") in consideration of the result of inspection of actual condition under Article 7. |
| (2) | A master plan shall contain the following matters: |
| 1. | Matters concerning objectives and direction of the policy related to health professionals; |
| 2. | Matters concerning estimation of demand for health professionals in the wake of changes in the environment of health services; |
| 3. | Matters concerning training and supply of health professionals; |
| 4. | Matters concerning management of licenses and qualifications, and education and training to increase the capabilities of health professionals; |
| 5. | Matters concerning improvement of work environment and increase of welfare of health professionals and staff working in health facilities (hereinafter referred to as "health professionals, etc."); |
| 6. | Matters concerning adequate deployment of health professionals by areas and by types of health facilities; |
| 7. | Matters concerning training and deployment of health professionals in areas where medical services are limited and in the public health sectors; |
| 8. | Matters deemed by the Minister of Health and Welfare to be necessary for health facilities in securing health workforce in a smooth manner and in improving the work environment for them. |
| (3) | A master plan shall be fixed after being deliberated by the Committee for Deliberation on Policy regarding Health Professionals under Article 8. In such case, the Minister of Health and Welfare shall notify the fixed master plan to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, the Metropolitan City Mayors, the Special Self-Governing City Mayor, the Do Governors and the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). |
| (5) | Where the Minister of Health and Welfare formulates a master plan, he/she shall, without delay, report it to the relevant standing committee of the National Assembly. |
| (6) | Matters necessary for the formulation, implementation, etc. of a master plan shall be prescribed by Presidential Decree. |
| Article 6 (Formulation and Implementation of Annual Action Plans) |
| (1) | The Minister of Health and Welfare, the heads of relevant central administrative agencies and Mayors/Do Governors shall, each year, formulate and implement a health workforce action plan (hereinafter referred to as "action plan"). |
| (2) | The heads of relevant central administrative agencies and Mayors/Do Governors shall, each year, submit an action plan for the following year and the result of implementation of the previous year's action plan to the Ministrer of Health and Welfare, and the Minister of Health and Welfare shall, each year, evaluate the implementation of the action plans. |
| (3) | Matters necessary for the formulation and implementation of an action plan, evaluation of implementation, etc. shall be prescribed by Presidential Decree. |
| Article 7 (Inspection of Actual Condition) |
| (1) | In order to grasp the actual condition and characteristics of health professionals, etc., the Minister of Health and Welfare shall, every three years, inspect the following matters (hereinafter referred to as "inspection of actual condition"), and publicly announce the result after notifying it to the Committee for Deliberation on Policy regarding Health Personnels under Article 8: |
| 1. | Present state of training and supply of health professionals; |
| 2. | Present state of report on licenses and qualifications held by health professionals and of refresher training; |
| 3. | Present state of activities conducted by health professionals by areas and by types of health facilities; |
| 4. | Present state of training and deployment of health professionals in areas where medical services are limited and in the public health sectors; |
| 5. | Matters concerning work environment, welfare, etc. of health professionals, etc., such as types of working patterns, working conditions, treatment, change of job, resignation, job satisfaction, etc.; |
| 6. | Other matters determined by the Minister of Health and Welfare, which are necessary for grasping the actual condition and characteristics of health professionals, etc. |
| (2) | Where needs arise with regard to the matters under paragraph (1), the Minister of Health and Welfare may conduct an in-depth inspection of actual condition thereof by fields. |
| (3) | Matters necessary for the details and methods of inspection of actual condition shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 8 (Committee for Deliberation on Policy regarding Health Professionals) |
| (1) | In order to deliberate on the policy regarding health professionals, a Committee for Deliberation on Policy regarding Health Professionals (hereinafter referred to as "Committee") shall be established under the Minister of Health and Welfare. |
| (2) | The Committee shall deliberate on the following matters: |
| 1. | Matters concerning formulation of master plans and action plans; |
| 2. | Matters concerning training of health professionals, and management of demand and supply; |
| 3. | Matters concerning support for deployment of health professionals in areas where medical services are limited; |
| 4. | Matters concerning the roles of the State and local governments regarding providing assistance with health professionals; |
| 5. | Other matters the chairperson puts to deliberation. |
| (3) | The Committee shall consist of 25 or less members including a chairperson and a vice chairperson. In such case, the number of members who are not public officials shall account for a majority of the total number of members. |
| (4) | The Vice Minister of Health and Welfare shall become the chairperson, and the chairperson shall designate one of the members as the vice chairperson. |
| (5) | The following persons shall be appointed or entrusted by the Minister of Health and Welfare as members of the Committee: <Amended on Dec. 29, 2020> |
| 3. | The persons who are well versed and experienced in the management of health professionals; |
| 4. | The public officials of Grade III or higher affiliated with relevant central administrative agencies, or the public officials appointed to the Senior Civil Service; |
| 5. | Other persons prescribed by Presidential Decree. |
| (7) | Matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree. |
CHAPTER III MANAGEMENT OF DEMAND FOR AND SUPPLY OF HEALTH PROFESSIONALS
| Article 9 (Management of Demand for and Supply of Health Professionals) |
| (1) | The Minister of Health and Welfare shall establish and implement a policy for adequate demand for and supply of health professionals. |
| (2) | Where the Minister of Health and Welfare establishes a policy under paragraph (1), he/she shall reflect therein a long-term prediction of demand for health professionals in consideration of usage of health facilities, bed capacity, etc. |
| (3) | In order to redress imbalance between demand for and supply of health professionals by areas and by types of health facilities, the Minister of Health and Welfare shall see that health professionals are adequately deployed. |
| (4) | The heads of health facilities shall, each year, report the Minister of Health and Welfare on the situation of employment of health professionals, etc., as prescribed by Presidential Decree. |
| Article 10 (Training of Health Professionals and Increasing their Capabilities) |
| (1) | In order to train excellent health professionals, the State and local governments may give support necessary for on-the-job training, etc. to institutions training health professionals. |
| (2) | The Minister of Health and Welfare may conduct education and training necessary for the improvement of medical technologies of health professionals and for the increase of their capabilities. |
| Article 11 (Securing Health Professionals) |
| (1) | In order to support health facilities in securing health professionals in a smooth manner, the Minister of Health and Welfare may conduct the following projects: |
| 1. | Support projects to minimize career disruption of health professionals and to get them reemployed; |
| 2. | Support projects to lead health professionals to serve for a long time; |
| 3. | Support projects to secure health professionals in a smooth manner in areas where medical services are limited and in the public health facilities. |
| (2) | In order to accelerate provision of assistance with health professionals and improvement of the system of managing them, the Minister of Health and Welfare shall endeavor to find health facilities possessing an excellent system of supporting and managing health professionals, and to disseminate and spread model cases. |
| (3) | Matters necessary for the implementation of the projects under paragraph (1), and methods of finding excellent health facilities, procedures therefor, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER IV IMPROVEMENT OF WORK ENVIRONMENT OF HEALTH PROFESSIONALS
| Article 12 (Protection of Human Rights of Health Professionals) |
| (1) | The State shall endeavor to create an environment in which human rights of health professionals, etc. are protected and to improve perception towards health professionals. |
| (2) | In order to prevent human right violations on health professionals, etc., such as abusive words, violence, sexual harassment, etc., the heads of health facilities shall prepare guidelines for dealing with human right violations and comply with the guidelines. |
| (3) | Where human right violations on health professionals, etc. occur, the heads of health facilities shall guide victims to take appropriate measures according to the guidelines for dealing with human right violations under paragraph (2). |
| Article 13 (Counseling and Support for Health Professionals) |
| (1) | The Minister of Health and Welfare may give counseling and support to health professionals, etc. who are victims of human right violations. |
| (2) | The Minister of Health and Welfare may entrust the duties under paragraph (1) to the heads of relevant specialized institutions. |
| (3) | The Minister of Health and Welfare may, in whole or in part, support expenses incurred in performing the entrusted duties under paragraph (2). |
| (4) | Matters necessary for the details and methods of counseling and support under paragraph (1), for the entrustment under paragraph (2), etc. shall be prescribed by Presidential Decree. |
| Article 14 (Improvement of Work Environment of Health Professionals) |
| (1) | The State, local governments and the heads of health facilities shall endeavor to guarantee health professionals, etc. reasonable working hours and to improve their work environment. |
| (2) | The State and local governments may give support necessary for protecting the rights to health of health professionals, etc. who work shift work or night shifts and for guaranteeing their right to choose shifts; and the heads of health facilities shall endeavor to protect and guarantee their rights. |
CHAPTER V CREATION OF FOUNDATIONS FOR POLICY FOR PROVIDING ASSISTANCE WITH HEALTH PROFESSIONALS
| Article 15 (Inspection and Research Projects) |
In order to efficiently provide assistance with health professionals, the Minister of Health and Welfare may conduct the following inspection and research projects:
| 1. | Estimation of mid- to long-term demand for and supply of health professionals and plans for the management of demand and supply; |
| 2. | Measures to properly deploy health professionals by areas and by types of health facilities; |
| 3. | Analysis of influence of health professionals on the safety of patients and on the degree of satisfaction on health services; |
| 4. | Criteria for proper deployment of health professionals; |
| 5. | Plans to train excellent health professionals and to increase their capabilities; |
| 6. | Analysis of influence of changes in health environment on demand for and supply of health professionals; |
| 7. | Present state of foreign health professionals and foreign system of managing health professionals; |
| 8. | Plans to deal with changes in occupational categories of health professionals following changes in health environment; |
| 9. | Other matters the Minister of Health and Welfare deems to be necessary for providing assistance with health professionals. |
| Article 16 (Construction and Operation of Integrated Information System) |
| (1) | The Minister of Health and Welfare may construct and operate an integrated information system for efficient handling of various data or information necessary for grasping present condition and actual state of health professionals, for managing statistics, analyzing demand and supply, conducting research and inspection, etc. and for computerized record keeping and management of them. |
| (2) | The Minister of Health and Welfare may request the heads of local governments and the heads of relevant institutions and organizations to provide relevant data and to allow use of relevant computer network in order to perform the duties under paragraph (1). |
| (3) | The heads of institutions and organizations in receipt of a request under paragraph (2) shall comply with the request unless there are justifiable reasons. |
| Article 17 (Institutions Providing Assistance with Health Professionals) |
| (1) | In order to efficiently provide assistance with health professionals, the Minister of Health and Welfare may designate and operate relevant institutions or organizations as specialized institutions providing assistance with health professionals (hereafter referred to as "specialized institutions providing assistance with health professionals"). |
| (2) | The specialized institutions providing assistance with health professionals shall perform the following duties: |
| 1. | Support for the formulation and implementation of a master plan and action plans; |
| 2. | Support for the inspection of actual state; |
| 3. | Support for the operation of the Committee; |
| 4. | Support for the project of providing assistance with health professionals under Article 11; |
| 5. | Giving counseling and support to health professionals under Article 13; |
| 6. | Inspection and research projects under Article 15; |
| 7. | Construction and operation of an integrated information system under Article 16; |
| 8. | Support for refresher training of health professionals and for management of licenses and qualifications; |
| 9. | Other projects entrusted by the Minister of Health and Welfares or prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare may support, in whole or in part, specialized institutions providing assistance with health professionals with expenses necessary for performing projects within budgetary limit. |
| (4) | Matters necessary for designation, operation, etc. of specialized institutions providing assistance with health professionals shall be prescribed by Presidential Decree. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 18 (Cooperation of Relevant Institutions) |
| (1) | Where needs arise for the formulation and implementation of various plans and policies under this Act, inspection and research, management of statistics on health professionals, etc., the Minister of Health and Welfare may request the heads of relevant central administrative agencies, local governments, public institutions (referring to the public institutions under Article 4 of the Act on the Management of Public Institutions), relevant institutions, organizations, etc. to provide necessary data and information. |
| (2) | The persons in receipt of a request for data and information under paragraph (1) shall provide the data and information without good cause. |
| Article 19 (Report and Examination) |
| (1) | Where the Minister of Health and Welfare deems needs arise, he/she may order the heads of institutions or organizations performing the projects of providing assistance with health professionals to report on the performance of such projects or to submit data, and have affiliated public officials enter offices, etc. of institutions or organizations performing the projects of providing assistance with health professionals to examine relevant documents, etc. |
| (2) | The public officials entering offices to conduct examination pursuant to paragraph (1) shall carry a certificate indicating authority and show it to interested parties. |
| Article 20 (Delegation and Entrustment of Authority or Duties) |
| (1) | Part of the authority of the Minister of Health and Welfare under this Act may be delegated to the heads of relevant administrative agencies or local governments, as prescribed by Presidential Decree. |
| (2) | Part of the duties of the Minister of Health and Welfare under this Act may be entrusted to relevant institutions or organizations, as prescribed by Presidential Decree. |
ADDENDUM <Act No. 16371, Apr. 23, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17780, Dec. 29, 2020>
This Act shall enter into force on the date of its promulgation.