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ENFORCEMENT DECREE OF THE ORGANS TRANSPLANT ACT

Wholly Amended by Presidential Decree No. 22945, May 30, 2011

Amended by Presidential Decree No. 24032, Aug. 13, 2012

Presidential Decree No. 24218, Dec. 4, 2012

Presidential Decree No. 25010, Dec. 17, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26746, Dec. 22, 2015

Presidential Decree No. 27107, Apr. 26, 2016

Presidential Decree No. 28440, Nov. 21, 2017

Presidential Decree No. 28872, May 8, 2018

Presidential Decree No. 29230, Oct. 16, 2018

Presidential Decree No. 29950, Jul. 2, 2019

Presidential Decree No. 29984, Jul. 16, 2019

Presidential Decree No. 32528, Mar. 8, 2022

Presidential Decree No. 33000, Nov. 22, 2022

Presidential Decree No. 33097, Dec. 20, 2022

Presidential Decree No. 33948, Dec. 12, 2023

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Organs Transplant Act and matters necessary for the enforcement thereof
 Article 2 (Definitions of Organs, etc.)
"Other internal organs or tissues prescribed by Presidential Decree" in subparagraph 1 (e) of Article 4 of the Organs Transplant Act (hereinafter referred to as the "Act") means any of the following: Provided, That subparagraph 3 shall be limited where they are transplanted simultaneously with a small intestine: <Amended on May 8, 2018; Jul. 16, 2019>
1. Pancreatic islet;
2. Small intestine;
3. Stomach, duodenum, large intestine and spleen;
4. Deleted; <Jul. 16, 2019>
5. Deleted. <Dec. 12, 2023>
[This Article Wholly Amended on Dec. 4, 2012]
 Article 3 (Composition of Organ, etc. Transplant Ethics Committee)
(1) The Organ, etc. Transplant Ethics Committee established under Article 8 (1) of the Act (hereinafter referred to as the "Committee"), shall have one Vice Chairperson.
(2) The Vice Chairperson shall be elected by and from among members.
(3) Committee members shall serve a term of two years, and may serve consecutive terms.
 Article 3-2 (Dismissal of Committee Members and Termination of Entrustment)
Where a Committee member under Article 9 (1) of the Act falls under any of the following, the Minister of Health and Welfare may dismiss such member or terminate his or her appointment or commission:
1. Where the member is unable to perform duties due to a mental or physical disorder;
2. Where the member has breached any of his or her duties;
3. Where the member is deemed unsuitable as a member due to neglecting duties, demeaning behavior or other reasons;
4. Where the member explicitly states in person that it is impractical for him or her to perform duties.
[This Article Added on Dec. 22, 2015]
 Article 4 (Duties, etc. of Chairperson)
(1) The Committee Chairperson shall represent the Committee, and take overall charge of the duties of the Committee.
(2) The Committee Vice Chairperson shall assist the Chairperson, and perform duties thereof when the Chairperson is unable to perform his or her duties.
 Article 5 (Committee Meetings)
(1) The Committee Chairperson shall call and chair Committee meetings.
(2) Committee meetings shall be called when the Minister of Health and Welfare or a majority of Committee members requests, or when the Committee Chairperson deems a meeting necessary.
(3) Committee meetings shall be held when a majority of incumbent Committee members is present; and Committee resolutions shall be passed by affirmative votes of a majority of Committee members present.
(4) The Committee Chairperson shall report resolutions passed to Committee meetings to the Minister of Health and Welfare.
(5) Where the Committee deems necessary for performing duties, it may have relevant public officials or relevant specialists attend Committee meetings and hear their opinions.
 Article 6 (Expert Committee)
(1) The expert committee established under Article 9 (3) of the Act (hereinafter referred to as the "expert committee"), shall be comprised of up to seven members.
(2) The expert committee shall review matters deemed by the Committee Chairperson necessary for expert examinations, among matters deliberated by the Committee.
(3) The expert committee shall report the outcomes of reviews conducted under paragraph (2) to the Committee.
 Article 7 (Executive Secretary)
(1) One executive secretary shall be appointed to processing the affairs of the Committee.
(2) The Minister of Health and Welfare shall appoint an executive secretary under Paragraph (1), from among public officials affiliated with the Ministry of Health and Welfare.
 Article 8 (Allowances)
The members, relevant public officials, or relevant experts who attend Committee meetings or expert committee meetings, may be paid allowances or travelling expense or reimbursed other expenses within budgetary limits: Provided, That the forgoing shall not apply to a member who is a public official attends a meeting directly related to his or her duties.
 Article 9 (Detailed Operational Rules)
Except as provided in Articles 3 through 8, matters necessary for operating the Committee and expert committee shall be determined by the Chairperson, following resolutions passed by the Committee.
 Article 10 (Operation of National Organ Transplant Management Agency)
(1) The National Organ Transplant Management Agency established under Article 10 (1) of the Act (hereinafter referred to as the "National Organ Transplant Management Agency"), shall swiftly and continuously select persons to receive organ transplants (hereinafter referred to as "transplant recipient"), etc..
(2) An organ transplant operations committee (hereinafter referred to as the "operations committee"), shall be established in the National Organ Transplant Management Agency to provide counsel on harvesting and transplanting organs, etc. to the head of the National Organ Transplant Management Agency.
(3) The operations committee shall deliberate on the following:
1. Matters concerning physical examination details of organ, etc. donors and potential organ, etc. recipients under Article 14 (4) of the Act;
2. Matters concerning medical standards under subparagraph 1 of Article 11;
3. Matters concerning medical urgency, points awarded by item, etc. under Article 26;
4. Other matters that the head of the National Organ Transplant Management Agency submits for deliberation on harvesting and transplanting organs, etc.
(4) The operations committee shall be comprised of up to 20 members including a chairperson.
(5) The members of the operations committee shall be commissioned or appointed by the head of the National Organ Transplant Management Agency, from among the following:
1. Physicians or surgeons who have abundant knowledge in harvesting and transplanting organs, etc.;
2. Persons working for organ transplant registries under Article 13 (1) of the Act (hereinafter referred to as "registries");
3. Persons working for organ procurement organizations under Article 20 (1) of the Act (hereinafter referred to as "organ procurement organizations");
4. Public officials;
5. Persons who have a high level of knowledge and social high standing.
(6) Except as provided in paragraphs (2) through (5), matters necessary for composing and operating the operations committee, shall be determined by the head of the National Organ Transplant Management Agency, following resolutions passed by the operations committee.
 Article 11 (Duties of National Organ Transplant Management Agency)
"Other duties prescribed by Presidential Decree" in Article 10 (2) 5 of the Act, means the following duties:
1. Establishing medical standards for the following matters:
(a) Managing subjects for determination as to brain death under Article 18 (1) of the Act (hereinafter referred to as "subjects for determination as to brain death");
(b) Preserving organs, etc.;
(c) Managing physical examinations, etc. of organ, etc. donors and potential organ, etc. recipients;
2. Educating and consulting on harvesting and transplanting organs, etc.;
3. Supporting duties concerning harvesting and transplanting organs, etc., including supporting the preservation and transportation of organs, etc. harvested.
 Article 12 (Organs, etc. that are Prohibited to Transplant)
"Organs, etc. ... prescribed by Presidential Decree" in Article 11 (1) 3 of the Act means any of the following organs, etc.: <Amended on Jul. 2, 2019>
1. Organs, etc. of a person suffering any of the following diseases, which are determined to be medically unfit for transplant:
(a) Diseases including high blood pressure, septicemia and Guillain-Barre syndrome, to affect the whole human body;
(b) Diseases, including ventricular arrhythmia, pulmonary emphysema (emphysema), diabetes, glomerulonephritis, and hepatocirrhosis, which affect specific organs, etc.;
2. Damaged or contaminated organs, etc. due to inappropriate preservation, injury, etc., which are determined to be medically unfit for transplant.
 Article 13 (Organs, etc. Harvestable before Selecting Transplant Recipients)
"Organs, etc. prescribed by Presidential Decree" in the proviso to Article 11 (2) of the Act, means eyeballs, kidneys, pancreas, and pancreatic islets of brain dead and of deceased persons.
 Article 14 (Organs, etc. Harvestable from Living Persons)
"Organs, etc. prescribed by Presidential Decree" in Article 11 (5) 2 of the Act means pancreases, pancreatic islets, and small intestines. <Amended on May 8, 2018; Oct. 16, 2018; Jul. 16, 2019; Dec. 12, 2023>
 Article 15 (Where Person with Highest Priority Cannot Give Consent)
"Extenuating circumstances prescribed by Presidential Decree" in the proviso to Article 12 (1) 2 of the Act, means any of the following cases:
1. Where timing slots to donate organs, etc. are to be missed if a response is awaited from a person with the highest priority who can consent to such donation, as it is impractical to contact the person when he or she is residing in a foreign country, etc.;
2. Where a person with the highest priority cannot normally express his or her intent due to health reasons, such as mental disorder, mental retardation, old age, etc.
 Article 16 (Standards for Designation as Registries)
(1) Each entity who intends to be designated as a registry pursuant to the former part of Article 13 (1) of the Act, shall be held with the following facilities, personnel, etc.:
1. An office with separate compartments necessary for performing duties under Article 13 (3) of the Act (applicable only to other than medical institutions (hereinafter referred to as "medical institutions") established under Article 3 of the Medical Service Act);
2. Personnel for duties and consultation performed under Article 13 (3) of the Act;
3. Computer equipment necessary for notifying of completed registration under Article 14 (3) of the Act.
(2) Where each entity who intends to be designated as a registry pursuant to the latter part of Article 13 (1) of the Act, falls under any of the following, the Minister of Health and Welfare may designate such entity as the relevant registry, determining the types of organs, etc. which such registry may register:
1. Where such entity is a medical institution and is designated as an organ transplant hospital under Article 25 (1) of the Act (hereinafter referred to as "organ transplant hospital"), determining the types of organs, etc.;
2. Where it is a non-profit corporation established under Article 13 (2) 4 of the Act, for which the types of organs, etc. are specified in the purpose of its articles of incorporation;
3. Where determining the types of organs, etc. of such entity that intends to be designated as a registry, is required for designating the entity as such registry based on the facilities, personnel, etc. of such entity.
 Article 17 (Duties of Registries)
"Other duties prescribed by Presidential Decree" in Article 13 (3) 4 of the Act, means the following duties:
1. Publicizing and consulting on registration for organ, etc. donors, persons who intend to be organ, etc. donors or potential organ, etc. recipients;
2. Ex post facto managing registration for organ, etc. donors, persons who intend to be organ, etc. donors or potential organ, etc. recipients;
3. Inspecting and researching registration for organs, etc. and managing information and statistics thereof.
 Article 18 (Composition of Brain Death Determination Committees)
(1) A brain death determination committee established under Article 16 of the Act (hereinafter referred to as "brain death determination committee"), shall have a chairperson.
(2) The chairperson of a brain death determination committee shall be elected by and from among its members.
(3) Members of a brain death determination committee shall be commissioned by the head of a medical institution determining brain death established under Article 16 (hereinafter referred to as "medical institution determining brain death"), from among the following persons:
1. Medical personnel prescribed in Article 2 (1) of the Medical Service Act (hereinafter referred to as "medical personnel");
2. Persons with attorney licenses;
3. Public officials;
4. Teaching staff;
5. Religious believers;
6. Persons who have a high level of knowledge and social high standing.
(4) The membership of a brain death determination committee established under Article 16 (3) of the Act, shall include at least one medical specialist in neurology or neurosurgery.
 Article 19 (Operation of Brain Death Determination Committees)
(1) Where a member of a brain death determination committee falls under any of the following, such member shall abstain from meetings of the committee as its member:
1. A medical specialist or a physician in charge of medical treatment who have prepared a brain death examination report on a subject for determination as to brain death pursuant to Article 18 (1) of the Act;
2. A person working for an organ procurement organization having performed duties of an organ procurement organization under Article 20 of the Act, with regard to a relevant subject for determination as to brain death.
(2) Where a member of a brain death determination committee is unable to perform duties due to reasons falling under paragraph (1), business trips, accidents, or other extenuating circumstances, the chairperson of the brain death determination committee may commission a person who has the same qualification as that of the relevant member (referring to qualification prescribed in subparagraphs of Article 18 (3)) to perform such duties during the period for such reasons.
(3) Except as provided in paragraphs (1) and (2), matters necessary for operating a brain death determination committee shall be determined by the chairperson of the brain death determination committee, following resolutions passed by the brain death determination committee.
 Article 20 (Procedures for Determining Brain Death by Medical Institutions, Other Than Medical Institution Determining Brain Death)
Where a medical institution, other than a medical institution determining brain death, intends to determine brain death pursuant to the proviso to Article 16 (4) of the Act, at least two medical specialists dispatched from an institution determining brain death and a physician in charge of medical treatment affiliated with the medical institution, other than the institution determining brain death, shall jointly prepare a brain death examination report.
 Article 21 (Criteria for Determining Brain Death)
The criteria for determining brain death under the latter part of Article 18 (2) of the Act, shall be as listed in Appendix 1.
 Article 22 (Certificate of Determination as to Brain Death and Meeting Minutes)
(1) A certificate of determination of brain death under Article 18 (4) of the Act shall include the following: <Amended on Dec. 12, 2023>
1. Name, gender, resident registration number, and address of a subject for determination as to brain death;
2. Disease or act that is the cause of brain death;
3. Outcome identified according to the criteria for determining brain death under Article 21;
4. Date and time of brain death determined;
5. Name and address of a medical institution determining brain death;
6. Names, birth dates, and affiliated institutions of members present.
(2) Meeting minutes prepared under Article 18 (4) of the Act shall contain the following matters:
1. Date, time, and venue of the meeting;
2. Persons present;
3. Details of discussion;
4. Outcome of the meeting.
 Article 23 (Medical Personnel Specializing in Procurement of Organs)
The qualification and duties of medical personnel specializing in the procurement of organs under Article 20 (5) and (6) of the Act, shall be as listed in Appendix 2.
 Article 24 (Standards for Designation as Organ Procurement Organizations)
The facilities, equipment, personnel, etc. to be held by an entity intending to be designated as an organ procurement organization under Article 20 (7) of the Act, shall be as listed in Appendix 3.
 Article 25 (Standards for Designation of Organ Transplant Hospitals)
The facilities, equipment, personnel, etc. to be held by a medical institution intending to be designated as an organ transplant hospital under Article 25 (2) of the Act, shall be as listed in Appendix 4.
 Article 26 (Standards for Selecting Transplant Recipients)
(1) When the head of the National Organ Transplant Management Agency selects transplant recipients pursuant to the former part of Article 26 (1) of the Act, he or she shall select them based upon their level of medical urgency, points awarded by items, etc.; and the detailed standards shall be as listed in Appendix 5.
(2) Detailed matters necessary for calculating the level of medical urgency, points awarded by items, etc. under paragraph (1), shall be determined by the head of the National Organ Transplant Management Agency, following approval from the Minister of Health and Welfare.
 Article 27 (Cases Where Heads of Organ Transplant Hospitals Select Transplant Recipients)
"Unavoidable reasons prescribed by Presidential Decree" in the former part of Article 26 (2) of the Act means any of the following cases: <Amended on May 8, 2018; Jul. 16, 2019; Dec. 12, 2023>
1. Deleted; <Jul. 16, 2019>
2. If an organ, etc. donor is a brain dead person, where the head of an organ transplant hospital is not notified of the outcome of selecting a transplant recipient pursuant to the latter part of Article 26 (1) of the Act, within two hours from the time the head of a registry notifies the National Organ Transplant Management Agency of completed registration for the organ, etc. donor and the outcome of such donor's physical examination pursuant to Article 14 (3) of the Act;
3. If a potential organ, etc. recipient registered at the relevant organ transplant hospital is selected as a transplant recipient, where the relevant transplant recipient fails to undergo a transplant surgery due to his or her death, worsening state, etc., after organs, etc. for transplant are harvested from an organ, etc. donor;
4. If the head of an organ transplant hospital needs to select a transplant recipient in consideration of his or her medical traits such as the sensitivity and compatibility of a histocompatibility test for transplant and his or her disease condition [limited to transplants of bone marrow or peripheral bloods (limited to where hematopoietic stem cells are collected for transplantation purposes; hereinafter the same shall apply)];
5. If the head of an organ transplant hospital needs to select a transplant recipient in consideration of his or her individual traits such as skin colors, sizes of organs, etc., sex, and the possibility to improve the quality of life (limited to transplant of hands and/or arms or feet and/or legs).
 Article 28 (Persons Engaged in Duties Requiring Confidentiality)
"Persons prescribed by Presidential Decree" in Article 31 (1) of the Act means the following persons:
1. The head of the National Organ Transplant Management Agency; persons in charge of duties under Article 10 (2) of the Act; and persons who keep or manage records thereunder;
2. The heads of registries; and the following persons working for registries:
(a) Persons in charge of duties performed under Article 13 (3) of the Act;
(b) Persons who keep or manage records on duties under Article 13 (3) of the Act;
(c) Medical engineers who participate in physically examining organ, etc. donors and potential organ, etc. recipients;
3. The heads of medical institutions determining brain death (referring to the medical institutions under Article 16 (5) of the Act; hereafter in this subparagraph, the same shall apply); and the following persons working for medical institutions determining brain death:
(a) A medical specialist and a physician in charge of medical treatment who prepare a brain death examination report under Article 18 (1) of the Act;
(b) A medical engineer who participates in a brain death examination;
(c) A member of the brain death determination committee;
(d) A person in charge of consulting or liaising for determination as to brain death;
(e) A person who keeps or manages records on determination as to brain death;
4. The heads of special institutions for managing subjects for determination as to brain death established under Article 19 (1) of the Act (hereinafter referred to as "special institution for managing subjects for determination as to brain death"); and persons working for special institutions for managing subjects for determination as to brain death who fall under any of subparagraphs 2, 3, and 6;
5. The heads of organ procurement organizations; and the following persons working for organ procurement organizations:
(a) Persons in charge of reporting under Article 17 (1) of the Act;
(b) Persons in charge of organ procurement;
(c) Persons who keep or manage records on duties performed under items (a) and (b);
6. The heads of organ transplant hospitals (including a medical institution prescribed in the proviso to Article 25 (3) of the Act; hereafter in this subparagraph, the same shall apply); and the following persons working for organ transplant hospitals:
(a) Physicians or surgeons who have harvested or transplanted organs, etc.;
(b) Persons who have participated in surgery for harvesting or transplanting organs, etc.;
(c) Persons who are in charge of consulting or liaising, etc. for harvesting or transplanting organs, etc.;
(d) Persons who keep or manage records concerning harvesting or transplanting organs, etc..
 Article 28-2 (Commemoration and Honorable Treatment of Donors of Organs)
(1) Pursuant to the latter part of Article 32 (3) of the Act, the State may entrust an organ procurement organization with all or part of the projects for commemoration and honorable treatment of the organ and tissue donors and bereaved families, which are prescribed by Ministerial Decree of Health and Welfare.
(2) Upon entrusting the implementation of a project pursuant to the latter part of Article 32 (3) of the Act, the State shall publicly announce the details of the entrusted projects and period of such entrustment, etc. on the website.
[This Article Added on Dec. 20, 2022]
 Article 29 (Data to Be Transferred)
(1) Pursuant to Article 37 (4) of the Act, the head of a registration agency, a brain death declaration institute, a special management organization for subjects of brain death declaration, an organ procurement organization, or an organ transplant hospital, shall transfer the following data to the head of the National Organ Transplant Management Agency: <Amended on Jul. 16, 2019>
1. In cases of the head of a registry, the following:
(a) Data on consent given under Article 12 (1) of the Act;
(b) Data on application for registration made under Article 14 (1) of the Act;
(c) Data on the outcome of physical examination taken under Article 14 (2) of the Act;
(d) Data on registration under Article 14 (3) of the Act;
2. In cases of the head of an institution determining brain death, the following:
(a) Data on an application for determination as to brain death filed under Article 17 (2) of the Act;
(b) A brain death examination report prepared under Article 18 (1) of the Act;
(c) A certificate of determination as to brain death and meeting minutes prepared under Article 18 (4) of the Act;
3. In cases of the head of a special organization for managing subjects for determination as to brain death, data falling under subparagraphs 1, 2 and 5;
4. In cases of the head of an organ procurement organization, data on reporting on suspected brain-dead patients (hereinafter referred to as "suspected brain-dead patients") under Article 17 (1) of the Act;
5. In cases of the head of an organ transplant hospital, the following:
(a) Data on consent given under Article 22 of the Act;
(b) Records on harvesting and transplanting and organ transplant recipients' post-surgery progress under Article 28 (1) of the Act.
(2) Notwithstanding paragraph (1), the head of the National Organ Transplant Management Agency may receive the following data from the head of a registry, institution determining brain death, special organization for managing subjects for determination as to brain death, or organ transplant hospital having received an order of suspension of duties prescribed in Article 36 of the Act:
1. In cases of the head of a registry, data falling under paragraph (1) 1 (a);
2. In cases of the head of an institution determining brain death, data falling under paragraph (1) 2 (a);
3. In cases of the head of a special organization for managing subjects for determination as to brain death, data falling under subparagraphs 1, 2 and 4;
4. In cases of the head of an organ transplant hospital, data falling under paragraph (1) 5 (a);
(3) When the head of a registry, institution determining brain death, special organization for managing subjects for determination as to brain death, organ procurement organization, or organ transplant hospital transfers data falling under paragraphs (1) and (2) to the head of the National Organ Transplant Management Agency, he or she shall prepare a list of such data to be transferred (referring to a list stating the number of the data by type); and shall submit the list to the head of the National Organ Transplant Management Agency, along with the data.
 Article 29-2 (Processing Sensitive Information and Personally Identifiable Information)
(1) Where essential for performing the following duties, the head of a registry may process data, including information on health under Article 23 of the Personal Information Protection Act; genetic information under subparagraph 1 of Article 18 of the Enforcement Decree of the same Act; and resident registration numbers under subparagraph 1 of Article 19 of the same Decree:
1. Duties concerning registering organ, etc. donors or potential organ, etc. recipients under Article 14 (1) of the Act;
2. Duties concerning registering an intent to donate organs, etc. under Article 15 (1) of the Act;
3. Duties concerning selecting transplant organ, etc. recipients under Article 26 (2) of the Act.
(2) If it is inevitable for performing the following duties, the head of the National Organ Transplant Management Agency may process data under paragraph (1): <Amended on Jul. 16, 2019>
1. Duties concerning notifying of completed registration under Article 14 (3) of the Act;
2. Duties concerning registering persons intending to donate organs, etc., ex post facto management thereof, etc. under Article 15 (3) of the Act;
3. Duties concerning notifying by medical institutions determining brain death under Article 16 (1) of the Act;
4. Duties concerning selecting transplant organ, etc. recipients and approval for selection thereof under Article 26 (1) and (3) of the Act;
5. Duties concerning submitting records on harvesting, transplanting, etc. of organs, etc. under Article 28 (2) of the Act;
6. Duties concerning payment of funeral service expenses, medical expenses, etc. under Article 32 (1) of the Act.
(3) Where essential for performing duties concerning determination as to brain death under Articles 17 (2) and 18 (1) of the Act, the head of an institution determining brain death may process data under paragraph (1).
(4) If it is inevitable for performing duties concerning identification and management of the presumed brain dead and the subject of brain death declaration under Article 20 (1) and inspection of medical records and medical examination and treatment under Article 20 (6) of the Act, the head of an organ procurement institution may process data under paragraph (1). <Added on Dec. 22, 2015; Jul. 16, 2019>
(5) Where essential for performing duties concerning report on closure, etc. of a registry, special institution for managing subjects for determination as to brain death, organ procurement institution, and organ transplant hospital under Article 37 (1) of the Act, the Minister of Health and Welfare and the head of the National Organ Transplant Management Agency, may process data under paragraph (1). <Amended on Dec. 22, 2015>
[This Article Added on Aug. 13, 2012]
 Article 29-3 (Delegation of Authority)
Pursuant to Article 40 of the Act, the Minister of Health and Welfare shall delegate the authority to request the submission of data or statement of opinions necessary for the preparation and management of the statistics on the donation, recovery, transplantation, etc. of organs, etc. under Article 30-2 (2) of the Act to the head of the National Organ Transplant Management Agency.
[This Article Added on Jul. 16, 2019]
[Previous Article 29-3 moved to Article 29-4 <Jul. 16, 2019>]
 Article 29-4 (Re-Examination of Regulation)
The Minister of Health and Welfare shall examine the appropriateness of the standards for designation of an organ transplant hospital under Article 25 and Appendix 4 every three years (referring to the period that ends before January 1 of every third year) counting from January 1, 2022, and shall take measures such as making improvements. <Amended on Mar. 8, 2022>
[This Article Added on Dec. 30, 2013]
[Moved from Article 29-3 <Jul. 16, 2019>]
 Article 30 (Criteria for Imposition of Administrative Fines)
The criteria for imposing administrative fines under Article 53 of the Act, shall be as listed in Appendix 6.
ADDENDA <Presidential Decree No. 22945, May. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2011.
Article 2 (Applicability concerning Quorum of Organ, etc. Transplant Ethics Committee)
The amended provisions of Article 5 (3) shall begin to apply from the first Committee meeting held after this Decree enters into force.
Article 3 (Applicability concerning Commission of Temporary Members of Brain Death Determination Committee)
The amended provisions of Article 19 (2) shall begin to apply from the first member of a brain death determination committee commissioned after this Decree enters into force.
Article 4 (Applicability concerning Matters Contained in Certificate of Determination as to Brain Death)
The amended provisions of Article 22 (1) 6 shall begin to apply from the first determination as to brain death by a brain death determination committee made after this Decree enters into force.
Article 5 (Applicability concerning Organ Transplant Management Committee)
The organ transplant management committee organized and operated as at the time this Decree enters into force, shall be deemed organized pursuant to this Decree.
Article 6 (Transitional Measures concerning Standards for Selection of Transplant Recipients)
Notwithstanding the amended provisions of Appendix 5, the former provisions shall prevail where standards for the selection of transplant recipients are applied to the registration of organ, etc. donors notified to the head of the National Organ Transplant Management Agency pursuant to Article 14 (3) of the Act before this Decree enters into force.
Article 7 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of Appendix 6, the former provisions shall prevail when standards for administrative fines are applied to violations committed before this Decree enters into force.
(2) The disposition of administrative fines imposed for violations committed before this Decree enters into force, shall not be included in calculating the number of violations under the amended provisions of Appendix 6.
Article 8 Omitted.
ADDENDUM <Presidential Decree No. 24032, Aug. 13, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 24218, Dec. 4, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25010, Dec. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
(1) Notwithstanding the amended provisions of Appendix 6, the former provisions shall prevail when standards for administrative fines are applied to violations committed before this Decree enters into force.
(2) The disposition of administrative fines imposed for violations committed before this Decree enters into force, shall not be included in calculating the number of violations under the amended provisions of Appendix 6.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014 (Proviso Omitted).
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 26746, Dec. 22, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27107, Apr. 26, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2016.
Articles 2 (Transitional Measures concerning Standards for Selection of Transplant Recipients)
(1) A person selected as a liver and intestine transplant recipient pursuant to the former provisions before this Decree enters into force, shall be deemed a person selected pursuant to the amended provisions of subparagraph 2 of Appendix 5.
(2) The amended provisions of subparagraph 2 of Appendix 5 shall apply even where procedures for selecting liver and intestine transplant recipients are pending as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 28440, Nov. 21, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 28872, May 8, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Selection of Transplant Recipients)
Where procedures for selecting transplant recipients commence before this Decree enters into force, the previous provisions shall apply notwithstanding the amended provisions of subparagraphs 1 (d) and 2 (c) of Appendix 5.
ADDENDA <Presidential Decree No. 29230, Oct. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Modification of Standards for Selection of Transplant Recipients)
Where procedures for selecting transplant recipients commence before this Decree enters into force, the former provisions shall apply notwithstanding the amended provisions of subparagraphs 1 (b) and 2 (a) (x) of Appendix 5.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted)
ADDENDUM <Presidential Decree No. 29984, Jul. 16, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33000, Nov. 22, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 33097, Dec. 20, 2022>
This Decree shall enter into force on December 22, 2022.
ADDENDUM <Presidential Decree No. 33948, Dec. 12, 2023>
This Decree shall enter into force on the date of its promulgation.