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
Act No. 17207, Apr. 7, 2020
Act No. 17472, Aug. 11, 2020
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.
| Article 2 Deleted. <Apr. 7, 2020> |
| Article 3 (Obligations of the 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 a master plan for cancer control (hereinafter referred to as "master plan") every five years following deliberation by the National Cancer Control Commission pursuant to Article 6. <Amended on Apr. 7, 2020> |
| (2) | A master plan shall include the following matters: <Amended on Apr. 7, 2020> |
| 1. | Basic goal and direction of the cancer control project; |
| 2. | Plans and implementation methods for the cancer control project; |
| 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 in consideration of the actual conditions of such local government, respectively. <Amended on Dec. 29, 2015; Apr. 7, 2020> |
| (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 on May 18, 2015> |
| (5) | Other matters necessary for the formulation and implementation of the master plan and the detailed execution plan under paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted on Apr. 7, 2020> |
| Article 6 (National Cancer Control Commission) |
In order to deliberate on important matters concerning cancer control, such as the formulation of master plans, the National Cancer Control Commission (hereinafter referred to as the "Commission") shall be established under the jurisdiction of the Minister of Health and Welfare. <Amended on Apr. 7, 2020>
| 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 become the chairperson of the Commission and the members of the Commission shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons: <Amended on Apr. 7, 2020> |
| 1. | Public officials in charge of cancer prevention and control; |
| 2. | Persons with abundant knowledge and experience in cancer. |
| (3) | In order to efficiently carry out work, the Commission may have expert committees for each field composed of members of the committee and external experts. <Amended on Apr. 7, 2020> |
| (4) | Other matters necessary for the composition and operation of the Commission and the expert committees shall be prescribed by Presidential Decree. <Amended on Apr. 7, 2020> |
| Article 8 (Functions of Commission) |
The Commission shall deliberate on the following matters: <Amended on Apr. 7, 2020>
| 1. | Development of the national cancer control organization and system; |
| 2. | Formulation and assessment of a master plan; |
| 3. | Yearly plan for the performance of cancer control projects; |
| 4. | Important matters concerning the budget for cancer control projects. |
| 5. | Other matters submitted by the chairperson for deliberation. |
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 or 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 9-2 (Cancer Data Project) |
| (1) | The Minister of Health and Welfare may carry out a project of collecting, processing, analyzing, and providing data necessary to carry out the following tasks for the public interest (hereinafter referred to as “cancer data project”): |
| 1. | Formulation and evaluation of policies for cancer management; |
| 2. | Research and development for cancer management. |
| (2) | In order to carry out the cancer data project, the Minister of Health and Welfare may request central administrative agencies, local governments, the National Cancer Center, the National Health Insurance Service and the Health Insurance Review and Assessment Service under the National Health Insurance Act, and other public institutions prescribed by Presidential Decree (hereinafter referred to as “data provider”) to provide necessary data. In such cases, the data provider in receipt of the request shall comply therewith, unless there is a compelling reason not to do so. <Amended on Aug. 11, 2020> |
| (3) | Where requesting necessary data pursuant to paragraph (2), the Minister of Health and Welfare may request data containing personal information under the Personal Information Protection Act. In such cases, the data provider shall have the personal information pseudonymized in accordance with the Personal Information Protection Act before providing it. |
| (4) | Where it is necessary to combine and analyze two or more of the pseudonymized information provided under paragraphs (2) and (3), the Minister of Health and Welfare may combine and process the pseudonymized information in accordance with the Personal Information Protection Act. |
| (5) | For the purpose of the cancer data project, the Minister of Health and Welfare may provide pseudonymized information processed in accordance with paragraphs (1) through (4) to a third party pursuant to the Personal Information Protection Act. In such cases, information that can be used to identify a specific individual shall not be contained. |
| (6) | Matters necessary for the method and procedure for pseudonymization under paragraph (3), method and procedure for combining pseudonymized information under paragraph (4), and the procedure for providing data under paragraph (5) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 7, 2020]
| 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 10-2 (Cancer Prevention Projects) |
In order to lower the risk of cancer or reduce the incidence of cancer, the Minister of Health and Welfare shall implement the following prevention projects (hereinafter referred to as "cancer prevention projects"):
| 1. | Developing and disseminating national cancer prevention tips and guidelines; |
| 2. | Monitoring of awareness of cancer risk factors and cancer prevention practices; |
| 3. | Project development for effective cancer prevention; |
| 4. | National cancer prevention education and publicity projects; |
| 5. | Other projects deemed necessary by the Minister of Health and Welfare for cancer prevention. |
[This Article Newly Inserted on Apr. 7, 2020]
| Article 10-3 (Cancer Risk Factors Management Projects) |
| (1) | The Minister of Health and Welfare may implement the following projects to manage cancer risk factors: |
| 1. | Listing and disseminating cancer risk factors; |
| 2. | Providing information on cancer risk factors and their risk levels; |
| 3. | International cooperation projects for assessing risk levels and managing cancer risk factors; |
| 4. | Other projects prescribed by Ordinance of the Ministry of Health and Welfare in relation to the management of cancer risk factors. |
[This Article Newly Inserted on Apr. 7, 2020]
| 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 12-2 (Integrated Support Projects for Cancer Survivors) |
| 1. | Counseling and education for cancer survivors; |
| 2. | Developing and disseminating cancer survivor management programs; |
| 3. | Other projects prescribed by Ordinance of the Ministry of Health and Welfare in relation to the health improvement of cancer survivors and their return to society. |
| (2) | In order to effectively promote the integrated support projects for cancer survivors, the Minister of Health and Welfare may designate the National Cancer Center and the regional cancer center as the central integrated support center for cancer survivors and the regional integrated support center for cancer survivors, respectively. |
| (3) | If any of the following cases is applicable to the central integrated support center for cancer survivors or the regional integrated support center for cancer survivors, the Minister of Health and Welfare may revoke the designation thereof: Provided, That in cases of subparagraph 1, the designation must be revoked: |
| 1. | Where the designation has been obtained by fraud or other improper means; |
| 2. | Where the integrated support projects for cancer survivors are not carried out without good cause. |
| (4) | Matters necessary for the designation, operation, and revocation of designation of the central integrated support center for cancer survivors and the regional integrated support center for cancer survivors shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Apr. 7, 2020]
| 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 cancer patient who intends to be subsidized with medical expenses pursuant to paragraph (1) or his or her agent (hereinafter referred to as "cancer patient, etc."), shall file an application for subsidization with the head of the competent public health center. <Newly Inserted on Feb. 3, 2016; Apr. 7, 2020> |
| (3) | The head of the competent public health center may have a public official under his or her jurisdiction file an application for subsidization of medical expenses under paragraph (2) on half of the cancer patient, etc. with the consent of the cancer patient, etc. <Newly Inserted on Apr. 7, 2020> |
| (4) | Where an application is filed pursuant to paragraph (2), a written consent of the relevant cancer patient and his or 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 on Feb. 3, 2016; Apr. 7, 2020> |
| 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"). |
| (5) | Matters necessary for subsidization of medical expenses such as persons eligible for subsidization of medical expenses, standards and methods thereof pursuant to paragraph (1), application on behalf of the cancer patient, etc. under paragraph (3), and methods and procedures for giving consent pursuant to paragraph (4) shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2016; Apr. 7, 2020> |
| Article 13-2 (Providing Financial Information) |
| (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 or 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 on 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 on 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, Ministry of the Interior and Safety, the Statistics Korea, statistics service agencies under the Statistics 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. <Amended on Apr. 7, 2020> |
| (3) | Where the Minister of Health and Welfare manages personally identifiable information in connection with cancer registration statistics services, he or 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 on 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: <Amended on Apr. 7, 2020> |
| 1. | Production, collection, and management of various information on cancer; |
| 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 for the implementation of the cancer information services. |
| Article 16 (Epidemiological Investigations) |
| (1) | The Commissioner of the Korea Disease Control and Prevention Agency or the Mayor/Do Governor may conduct an epidemiological investigation, if he or she deems it necessary for finding causes of the development of cancer. <Amended on Apr. 7, 2020; Aug. 11, 2020> |
| (2) | The Commissioner of the Korea Centers for Disease Control and Prevention or the Mayor/Do Governor shall each establish an epidemiological investigation team to conduct an epidemiological investigation. <Amended on Apr. 7, 2020; Aug. 11, 2020> |
| (3) | In order to efficiently conduct the epidemiological investigation under paragraph (1), the Commissioner of the Korea Disease Control and Prevention Agency or the Mayor/Do Governor may request the head of a relevant administrative agency or the head of an institution or organization prescribed by Presidential Decree to submit data necessary for the epidemiological investigation. In such cases, the head of the institution who has been requested to submit data shall comply therewith, unless there is a compelling reason not to do so. <Newly Inserted on Apr. 7, 2020; Aug. 11, 2020> |
| (4) | In the epidemiological investigation conducted by the Commissioner of the Korea Disease Control and Prevention Agency or the Mayor/ Do Governor, no one shall engage in any of the following acts: <Newly Inserted on Apr. 7, 2020; Aug. 11, 2020> |
| 1. | Refusing, obstructing, or avoiding the epidemiological investigation without good cause; |
| 2. | Making false statements or submitting false data; |
| 3. | Intentionally omitting or concealing facts. |
| (5) | Matters necessary for the content, time, and method of the epidemiological investigation under paragraph (1) and the composition, mission, etc. of the epidemiological investigation team under paragraph (2) shall be prescribed by Presidential Decree. <Newly Inserted on Apr. 7, 2020> |
SECTION 3 Central Cancer Registration Headquarters, Regional Cancer Registration Headquarters, National Cancer Data Center, 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: <Amended on Apr. 7, 2020> |
| 1. | Collection, analysis, and management of data for calculating cancer statistics such as cancer incidence and survival rates; |
| 2. | Investigations and research related to cancer registration statistics services; |
| 3. | Education and training, and international collaboration related to cancer registration statistics services; |
| 4. | Collection and analysis of cancer registration data for each region and support for the 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 on Dec. 29, 2015; Apr. 7, 2020> |
| 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 or 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 18-2 (Designation of National Cancer Data Center) |
| (1) | In order to efficiently carry out the cancer data project, the Minister of Health and Welfare shall designate one institution out of the national cancer center or institutions that meet the standards for facilities, manpower, equipment, etc. prescribed by Ordinance of the Ministry of Health and Welfare as the national cancer data center to perform the tasks below. In such cases, the National Cancer Data Center shall be deemed to have been designated as a specialized institution under Article 28-3 (1) of the Personal Information Protection Act: |
| 1. | Installing and operating facilities, equipment, and organizations for the cancer data project; |
| 2. | Research and planning for the cancer data project; |
| 3. | Collecting, combining, analyzing, and providing data for the cancer data project; |
| 4. | Formulating detailed guidelines and procedures to implement the cancer data project; |
| 5. | Measures to ensure the safety of information processed for the implementation of the cancer data project; |
| 6. | Other tasks deemed necessary by the Minister of Health and Welfare in relation to the cancer data project. |
| (2) | If any of the following cases is applicable to the national cancer data center, the Minister of Health and Welfare may revoke the designation thereof: Provided, That in cases of subparagraph 1, the designation must be revoked: |
| 1. | Where the designation has been obtained by fraud or other improper means; |
| 2. | Where the standards for designation under paragraph (1) are not met; |
| 3. | Where failing to perform the tasks under paragraph (1). |
| (3) | Matters necessary for the designation, operation, etc. of the national cancer data center shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Apr. 7, 2020]
| 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 perform the following services: <Amended on Apr. 7, 2020> |
| 1. | Survey and research into the development, prevention, diagnosis, treatment, control, etc. of cancer; |
| 2. | Provision of medical services such as cancer checkup, treatment, rehabilitation, etc. of cancer patients; |
| 3. | Publicity, education and training on the prevention and control of cancer; |
| 4. | Implementation of projects related to the master plan; |
| 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) | The Minister of Health and Welfare may regularly evaluate the projects carried out by regional cancer centers and incorporate the results thereof in its support. <Amended on Apr. 7, 2020> |
| (5) | If any of the following cases is applicable to a regional cancer center, the Minister of Health and Welfare may revoke the designation thereof: Provided, That in cases of subparagraph 1, the designation must be revoked: <Newly Inserted on Apr. 7, 2020> |
| 1. | Where the designation has been obtained by fraud or other improper means; |
| 2. | Where the standards for designation under paragraph (1) are not met; |
| 3. | Where failing to perform or incorrectly performing the services under paragraph (2); |
| 4. | Where failing to comply with orders to make corrections pursuant to paragraph (3). |
| (5) | Matters necessary for the standards and procedures for designating regional cancer centers under paragraph (1) and evaluation under paragraph (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Apr. 7, 2020> |
| Article 20 Deleted. <Feb. 3, 2016> |
| Article 21 Deleted. <Feb. 3, 2016> |
| Article 22 Deleted. <Feb. 3, 2016> |
| Article 23 Deleted. <Feb. 3, 2016> |
| Article 24 Deleted. <Feb. 3, 2016> |
| Article 25 Deleted. <Feb. 3, 2016> |
| Article 26 Deleted. <Feb. 3, 2016> |
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 research institute, affiliate hospital, National Cancer Control Headquarters and other necessary organizations shall be established in the National Cancer Center. <Amended on Apr. 7, 2020> |
| (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 on 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: <Amended on Apr. 7, 2020>
| 1. | Research into the development, prevention, diagnosis, treatment, and management of cancer, cancer management policies, etc.; |
| 2. | Diagnosis and treatment of cancer patients; |
| 3. | Education, training and support related to services for cancer outpatients pursuant to Article 12; |
| 4. | Education and publicity on cancer prevention and management; |
| 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. | Nurturing and training domestic and international cancer specialists through graduate schools established pursuant to Article 29 (2); |
| 9. | Establishing integrated cancer data; |
| 10. | Where it is entrusted with various services concerning cancer pursuant to Article 50 (2), such entrusted services; |
| 11. | Services incidental to services referred to in subparagraphs 1 through 10. |
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 or 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 or 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 or she may be reappointed only once. |
| (5) | Where the president is unable to perform his or her duties due to unavoidable circumstances, a person prescribed by the articles of association shall perform such duties on behalf of him or her. |
| Article 34 (Appointment and Dismissal of Employees) |
| (1) | The president of National Cancer Center shall appoint or dismiss the head of the 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. <Amended on Apr. 7, 2020> |
| (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 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 or she belongs. <Amended on Apr. 7, 2020> |
| (2) | Where a public educational official provides services concurrently pursuant to paragraph (1), his or 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 grant permission to use or lend State property to the National Cancer Center gratuitously, notwithstanding the provisions of the State Property Act. <Amended on Apr. 7, 2020> |
| (2) | Matters necessary for the permission to use or lending pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended on Apr. 7, 2020> |
[Title Amended on Apr. 7, 2020]
| Article 38-2 (Sublease of State Property) |
| (1) | Where it is necessary for efficiently performing the services under Article 30, the National Cancer Center may sublease the State property that has been permitted or lent for use pursuant to Article 38 to the extent that it does not impede the purpose of the services. |
| (2) | The National Cancer Center shall obtain approval from the Minister of Health and Welfare in advance for subleasing pursuant to paragraph (1). The same shall also apply where intending to change approved matters. |
| (3) | No person to whom State property has been subleased pursuant to paragraph (1) shall lend such property to another person or allow it to be used or profited from. |
| (4) | No person to whom State property has been subleased pursuant to paragraph (1) shall construct buildings or other permanent facilities on the property: Provided, That this shall not apply to facilities that the Minister of Health and Welfare recognizes as necessary for the achievement of administrative purposes or for performing the duties of the National Cancer Center while attaching a condition to donate to the State. |
[This Article Newly Inserted on Apr. 7, 2020]
| 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 or 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 or 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 or 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 or her in the course of performing his or 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: <Amended on Apr. 7, 2020>
| 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 for cancer prevention projects; |
| 5. | Expenses for the services for cancer outpatients; |
| 6. | Expenses for the cancer data project; |
| 7. | Expenses for the integrated support projects for cancer survivors; |
| 8. | 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 12-2 (3), Article 17 (3), Article 18-2 (2) or Article 19 (5), he or she shall hold a hearing. <Amended on Feb. 3, 2016; Apr. 7, 2020>
| 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 or 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 on Mar. 29, 2011>
| Article 50 (Delegation and Entrustment) |
| (1) | The Minister of Health and Welfare may delegate part of his or 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 or 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 on Sep. 19, 2017> |
| (2) | Deleted. <Feb. 19, 2017> |
[This Article Newly Inserted on 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 on Sep. 19, 2017>
| Article 51-2 (Penalty Provisions) |
A person who refuses, obstructs, or avoids an epidemiological investigation without good cause, makes a false statement or submits false data, or intentionally omits or conceals facts in violation of Article 16 (4) shall be punished by a fine not exceeding two million won. [This Article Newly Inserted on Apr. 7, 2020]
| 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 <Act No. 10333, May 31, 2010>
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.
ADDENDUM <Act No. 17207, Apr. 7, 2020>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 17472, Aug. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That ··· <omitted> ··· the amended provisions of any Act, which is amended pursuant to Article 4 of this Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of each relevant Act. Articles 2 through 5 Omitted.