| Article 2 (Scope of public organizations) |
| 3. | The National Medical Center under the Act on Establishing and Administrating the National Medical Center; |
| 9. | Seoul National University Dental Hospital established under the Establishment of Seoul National University Dental Hospital Act; |
| Article 3 (Formulation of implementation plans for public health and medical services) |
| (1) | The Minister of Health and Welfare shall prepare guidelines necessary for the head of a relevant central administrative agency, the head of a public organization, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") to formulate an implementation plan for public health and medical services (hereinafter referred to as "implementation plan") pursuant to the former part of Article 4 (4) of the Act, and shall notify the head of a relevant central administrative agency, the head of a public organization, or the Mayor/Do Governor of such guidelines by December 31 of the preceding year. <Amended on Sep. 24, 2021> |
| (2) | The heads of relevant central administrative agencies, the heads of public organizations, and Mayors/Do Governors shall submit an implementation plan formulated in accordance with the guidelines under paragraph (1) to the Minister of Health and Welfare by January 31 of the relevant year. |
| (3) | When a Mayor/Do Governor formulates an implementation plan pursuant to paragraph (2), he or she shall ensure that the implementation plan is linked to a community health and medical care plan under Article 7 of the Regional Public Health Act. <Amended on Nov. 18, 2015> |
| Article 4 (Evaluation of implementation plans for public health and medical services) |
| (1) | The Minister of Health and Welfare shall prepare guidelines for evaluating the performance of implementation plans and notify the heads of relevant central administrative agencies, the heads of public organizations, and Mayors/Do Governors of such guidelines by the end of February of the following year. |
| (2) | Pursuant to Article 4 (5) of the Act, the heads of relevant central administrative agencies, the heads of public organizations, and Mayors/Do Governors shall submit to the Minister of Health and Welfare the performance of the implementation plans for the relevant year by March 31 of the following year. <Amended on Sep. 24, 2021> |
| (3) | The Minister of Health and Welfare shall evaluate the performance submitted pursuant to paragraph (2) and notify the results thereof to the heads of relevant central administrative agencies, the heads of public organizations, and Mayors/Do Governors. |
| (4) | The heads of relevant central administrative agencies, the heads of public organizations, and Mayors/Do Governors shall reflect the evaluation results notified pursuant to paragraph (3) in their implementation plans for the following year. |
| Article 5 (Special cases concerning formulation of implementation plans by heads of public organizations) |
Notwithstanding Articles 3 and 4, if the head of a relevant central administrative agency or a Mayor/Do Governor has formulated an implementation plan including matters related to a public organization after having a prior consultation with the public organization under his or her jurisdiction out of the public organizations under Article 2, and submitted the performance of the implementation plan and received evaluations thereon, the head of the relevant public organization himself or herself shall be deemed to have formulated the implementation plan and have submitted the performance and received evaluations thereon.
| Article 5-2 (Composition of Committee for Deliberation on Policies for Public Health and Medical Services) |
| (1) | “Public officials of the relevant central administrative agencies prescribed by Presidential Decree” in Article 5 (4) 1 of the Act means the following persons; in such cases, if an institution has multiple Vice-Ministers, it shall refer to a Vice-Minister designated by the head of the relevant institution: <Amended on Apr. 11, 2023> |
| 1. | The Vice Minister of Economy and Finance; |
| 2. | The Vice Minister of Education; |
| 3. | The Vice Minister of Science and ICT; |
| 4. | The Vice Minister of Justice; |
| 5. | The Vice Minister of National Defense; |
| 6. | The Vice Minister of the Interior and Safety; |
| 7. | The Vice Minister of Patriots and Veterans Affairs; |
| 8. | The Vice Minister of Employment and Labor. |
| (2) | The term of office of members commissioned pursuant to Article 5 (4) of the Act (hereafter in this Article referred to as "commissioned members") shall be 2 years, and they may be reappointed only once. |
| (3) | Where a commissioned member falls under any of the following cases, the chairperson of the Committee for Deliberation on Policies for Public Health and Medical Services established under Article 5 (1) of the Act (hereinafter referred to as the "Deliberative Committee") may dismiss the relevant member: |
| 1. | Where he or she becomes unable to perform his or her duties due to a mental or physical disorder; |
| 2. | Where he or she commits any misdeed in relation to any of his or her duties; |
| 3. | Where he or she is found unfit for office due to neglect of duties, injury to dignity, or any other reason; |
| 4. | Where he or she voluntarily declares that it is difficult for him or her to perform his or her duties. |
| (4) | The chairperson of the Deliberative Committee shall have general supervision and control of the business affairs of the Deliberative Committee, and if the chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the chairperson shall act on behalf of the chairperson. |
[This Article Added on Sep. 24, 2021]
| Article 5-3 (Operation of Deliberative Committee) |
| (1) | The chairperson shall convoke meetings of the Deliberative Committee and preside over such meetings. |
| (2) | A majority of the members of the Deliberative Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (3) | The Deliberative Committee shall have 1 executive secretary to handle its business affairs, who shall be appointed by the Minister of Health and Welfare from among public officials belonging to the Senior Executive Service of the Ministry of Health and Welfare. |
| (4) | The Deliberative Committee may, if necessary for deliberation, have relevant public officials or experts attend a meeting to hear their opinions. |
| (5) | Except as provided in paragraphs (1) through (4), details necessary for the operation of the Deliberative Committee shall be determined by the chairperson of the Deliberative Committee, subject to resolution by the Deliberative Committee. |
[This Article Added on Sep. 24, 2021]
| Article 5-4 (Composition and operation of subcommittees) |
| (1) | The chairperson and members of a subcommittee under Article 5 (7) of the Act (hereafter in this Article referred to as "subcommittee") shall be appointed by the Minister of Health and Welfare from among the members of the Deliberative Committee. |
| (2) | A majority of the members of a subcommittee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (3) | Except as provided in paragraphs (1) and (2), details necessary for the composition and operation of subcommittees shall be determined by the chairperson of the Deliberative Committee, subject to resolution by the Deliberative Committee. |
[This Article Added on Sep. 24, 2021]
| Article 5-5 (Composition and operation of City/Do committee for public health and medical services) |
| (1) | The City/Do committee for public health and medical services under Article 5-2 (1) of the Act (hereafter in this Article referred to as "City/Do Committee") shall be composed of up to 20 members, including 1 chairperson and 1 vice chairperson. |
| (2) | The chairperson and vice chairperson of a City/Do Committee shall be appointed by the competent Mayor/Do Governor from among its members, and the members shall be appointed or commissioned by the Mayor/Do Governor from among the following persons; in such cases, at least 2 persons respectively falling under any of subparagraphs 2 through 5 shall be included therein: |
| 1. | Public officials in charge of public health and medical services in the relevant Special Metropolitan City, Metropolitan City, Do, Or Special Self-Governing Province (hereinafter referred to as "City/Do"); |
| 2. | Representatives of residents residing in the relevant City/Do; |
| 3. | Persons who represent consumers of public health and medical services in the relevant City/Do; |
| 4. | Person who represent providers of public health and medical services in the relevant City/Do; |
| 5. | Persons with extensive knowledge of and experience in public health and medical services. |
| (3) | If a member of a City/Do Committee falls under any of the following cases, a Mayor/Do Governor may remove or dismiss such member from office: |
| 1. | Where he or she becomes unable to perform his or her duties due to a mental or physical disorder; |
| 2. | Where he or she commits any misdeed in relation to any of his or her duties; |
| 3. | Where he or she is found unfit for office due to neglect of duties, injury to dignity, or any other reason; |
| 4. | Where he or she voluntarily declares that it is difficult for him or her to perform his or her duties. |
| (4) | The City/Do Committee may, if necessary for deliberation, have relevant public officials or experts attend a meeting to hear their opinions. |
[This Article Added on Sep. 24, 2021]
| Article 6 (Gratuitous lease of State-owned or public property) |
The gratuitous lease and the gratuitous use of or benefit from State-owned or public property necessary for the establishment and operation of a public health and medical institution under Article 10 of the Act shall be governed by a contract between the managing authority of the State-owned or public property and the relevant public health and medical institution.
| Article 7 (Matters to be observed by institutions providing public health and medical services) |
“If a serious hazard to citizens' health prescribed by Presidential Decree is foreseen” in Article 17 (3) of the Act means the following cases: <Amended on Sep. 24, 2021> | 2. | Other cases where the Minister of Health and Welfare deems it urgently necessary to take national countermeasures or a local community’s countermeasures and publicly notifies such urgent countermeasures. |
| Article 8 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 25 (2) of the Act shall be as specified in the Appendix.
ADDENDA <Presidential Decree No. 24340, Jan. 28, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on February 2, 2013.
Article 2 Omitted.
Article 3 (Relationship to other statutes or regulations)
If the provisions of the previous Enforcement Decree of the Public Health and Medical Services Act are cited by other statutes or regulations as at the time this Decree enters into force, the corresponding provisions of this Decree shall be deemed cited in lieu of the previous provisions, if provisions corresponding thereto exist in this Decree.
ADDENDA <Presidential Decree No. 26651, Nov. 18, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on November 19, 2015.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 32006, Sep. 24, 2021>
This Decree shall enter into force on September 24, 2021.
ADDENDA <Presidential Decree No. 33382, Apr. 11, 2023>
Article 1 (Enforcement date)
This Decree shall enter into force on June 5, 2023.
Articles 2 through 5 Omitted.