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ENFORCEMENT DECREE OF THE ACT ON SPECIAL MEASURES FOR HEALTH AND MEDICAL SERVICES IN AGRICULTURAL AND FISHING VILLAGES

Presidential Decree No. 33112, Dec. 20, 2022

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Special Measures for Health and Medical Services in Agricultural and Fishing Villages and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 2 Deleted. <Mar. 12, 2003>
 Article 3 Deleted. <Mar. 12, 2003>
 Article 4 (Call-up for on-the-job training)
If the Minister of Health and Welfare or a Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") calls up the relevant public health doctors to provide on-the-job training for public health doctors pursuant to Article 5 (2) or (3) of the Act on Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages (hereinafter referred to as the "Act"), he or she shall give a notice of call-up, specifying necessary matters, such as personal information of the persons called up and the date, time, and place of the call-up, no later than 3 days before the date of call-up.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 5 (Postponement of call-up for on-the-job training)
(1) If a person in receipt of a notice of call-up under Article 4 is unable to comply with the call-up at the designated date and time for any of the following reasons, he shall submit an application for postponement of call-up stating his address, name, reasons for postponement, etc. to the Minister of Health and Welfare or the competent Mayor/Do Governor before the date of call-up, along with documents evidencing such reasons. The period of postponement in such cases shall not exceed 3 months at one time: <Amended on Jul. 2, 2019>
1. Where he has a disease or mental or physical disability;
2. Where his lineal ascendant or descendant or spouse dies;
3. Where any other unavoidable cause or event occurs.
(2) The Minister of Health and Welfare or the Mayor/Do Governor shall call up a person who has submitted an application for postponement of call-up under paragraph (1) again for on-the-job training after the postponement period expires or the grounds for postponement cease to exist. <Amended on Jul. 2, 2019>
[This Article Wholly Amended on Jan. 22, 2013]
 Article 6 (Standards for assignment of public health doctors)
When the Minister of Health and Welfare or a Mayor/Do Governor designates an area, institution, or facility in which public health doctors will serve, he or she shall assign them preferentially in a public center in a Gun or a health subcenter in an Eup/Myeon pursuant to Article 5 (5) of the Act, and shall appropriately place the remaining human resources in an institution or facility under Article 5-2 of the Act in accordance with the assignment standards determined by the Minister of Health and Welfare.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 6-2 (Institutions or facilities to which public health doctors are assigned)
“Institution or facility prescribed by Presidential Decree” in Article 5-2 (1) 5 of the Act means the following institutions or facilities:
1. Hospital ships and mobile medical teams;
2. Hospitals determined by the Minister of Health and Welfare as those supported by the Government from among private hospitals in a Gun or a small and medium city where it is difficult to secure doctors;
3. Other institutions or facilities, such as social welfare facilities under the Social Welfare Services Act, medical facilities within correctional facilities under the Administration and Treatment of Correctional Institution Inmates Act, and institutions or organizations related to emergency medical services under the Emergency Medical Service Act, for which the Minister of Health and Welfare deems it particularly necessary to assign public health doctors for purposes of public health and medical services.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 7 (Keeping of personnel management register of public health doctors)
(1) Notwithstanding the Regulations on Handling of Public Officials Personnel Records, Statistics and Personnel Affairs, the Minister of Health and Welfare, a Mayor/Do Governor, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and the head of an institution or facility (hereinafter referred to as "assigned institution") to which public health doctors are directly assigned by the Minister of Health and Welfare pursuant to Article 5 of the Act shall keep a personnel management register of public health doctors separately determined by the Minister of Health and Welfare, which contains records on changes in personal status and service status of public health doctors and other matters necessary for the management thereof. <Amended on Nov. 20, 2013; Nov. 29, 2016>
(2) The Minister of Health and Welfare and the Mayor/Do Governor shall guide and confirm the status of service and management of public health doctors.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 8 (Remuneration of public health doctors)
The standards for remuneration to be paid to public health doctors pursuant to Article 11 of the Act shall be as specified in the Appendix.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 9 (Reporting on absence from place of service without leave)
(1) If a public health doctor falls under any of the following cases, the head of a Si/Gun/Gu shall report such fact to the Mayor/Do Governor (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor; hereafter the same shall apply in this Article and Article 10) without delay, and the Mayor/Do Governor shall report such fact to the Minister of Health and Welfare:
1. Where he is absent from his place of service without leave, in violation of Article 8 (1) of the Act;
2. Where he is absent from his place of service without leave, in violation of an order issued under Article 8 (2) of the Act;
3. Where he engages in business affairs other than public health services, in violation of Article 9 (1) of the Act;
(2) Where a public health doctor is unable to work for at least 1 month due to any cause other than his duties, such as long-term hospitalization or medical treatment, the head of a Si/Gun/Gu shall report such fact to the Mayor/Do Governor, specifying the grounds therefor, and the Mayor/Do Governor shall report it to the Minister of Health and Welfare.
(3) Where a public health doctor falls under any subparagraph of paragraph (1) or paragraph (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the institution to which a public health doctor is assigned shall report such fact to the Minister of Health and Welfare.
(4) Where the Minister of Health and Welfare orders the relevant public health doctor to extend his service period under Article 9 (2) through (4) of the Act in accordance with a report under paragraphs (1) through (3), he or she shall notify the Commissioner of the Military Manpower Administration thereof without delay.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 9-2 Deleted. <Jan. 22, 2013>
 Article 10 (Reporting on evaluation of service status)
(1) The head of a Si/Gun/Gu shall evaluate the service status of public health doctors and report the evaluation thereof to the Mayor/Do Governor within 15 days after the end of each half-year period, as prescribed by Ministerial Decree of Health and Welfare, and the Mayor/Do Governor shall compile the evaluations thereof and report them to the Minister of Health and Welfare within 1 month after the end of each half-year period.
(2) The Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, or the head of an institution to which a public health doctor is assigned shall evaluate the service status of the public health doctor and report it to the Minister of Health and Welfare within 15 days after the end of each semi-annual period, as prescribed by Ministerial Decree of Health and Welfare.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 11 (Order for extension of service period)
When the Minister of Health and Welfare issues an order to extend the service period pursuant to Article 9 (2) through (4) of the Act, he or she shall do so in writing specifying the extended service period, grounds for extension, etc.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 12 Deleted. <Dec. 31, 1997>
 Article 13 Deleted. <Jun. 1, 1992>
 Article 14 (Business affairs of public officials exclusively responsible for primary health care services)
(1) The scope of medical practice of public officials exclusively responsible for primary health care services under Article 19 of the Act shall be as follows: <Amended on Jul. 2, 2019>
1. Medical examinations and tests to determine status of disease or injury;
2. Transportation of patients;
3. Treatment of common patients, such as trauma patients, and emergency treatment for patients in need of emergency measures;
4. Treatment to prevent disease or injury from deteriorating;
5. Guidance and management of medical care for chronically ill patients;
6. Assistance in delivery during eutocia;
7. Vaccination;
8. Administration of drugs for medical practices referred to in subparagraphs 1 through 7.
(2) A public official exclusively responsible for primary health care services shall perform the following business affairs, in addition to the medical practice referred to in the subparagraphs of paragraph (1):
1. Improving environmental sanitation and nutrition;
2. Preventing diseases;
3. Maternal and child health care;
4. Educating and guiding persons in charge of the health of residents;
5. Promoting residents' health.
(3) When a public official exclusively responsible for primary health care services engages in medical practice under paragraph (1), he or she shall comply with the guidelines on medical treatment of patients determined by the Minister of Health and Welfare.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 15 (Maintenance and retention of medical records)
(1) A public official exclusively responsible for primary health care services shall keep medical records and midwifery records, as prescribed by Ministerial Decree of Health and Welfare, and record matters regarding medical practice and opinions thereon.
(2) Medical records and midwifery records under paragraph (1) shall be retained for 5 years.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 16 (Payment of remuneration during the period of on-the-job training)
A person who receives on-the-job training under Article 16 of the Act to become a public official exclusively responsible for primary health care services shall be paid remuneration determined by the Minister of Health and Welfare within the budget.
[This Article Wholly Amended on Jan. 22, 2013]
 Article 17 (Processing of sensitive information and uniquely identifiable information)
(1) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may process information on health under Article 23 of the Personal Information Protection Act (limited to the business affairs referred to in subparagraph 5), information constituting criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act (limited to the business affairs referred to in subparagraphs 1, 4 through 6 and 8), and data containing resident registration numbers under subparagraph 1 of Article 19 of that Decree, if it is inevitable for performing the following business affairs: <Amended on Dec. 20, 2022>
1. Business affairs regarding orders to provide service, etc. under Article 5 of the Act;
2. Business affairs regarding the change of place of service, etc. and dispatch service under Articles 6 and 6-2 of the Act;
3. Business affairs regarding notification of the list of names under Article 7 (3) of the Act;
4. Business affairs regarding service, such as prohibition on absence from place of service without leave, etc. under Articles 8 and 9 of the Act;
5. Business affairs regarding loss and deprivation of status under Article 9-2 of the Act;
6. Business affairs regarding the notification of action on status under Article 10 of the Act;
7. Business affairs regarding the payment of remuneration, etc. under Article 11 of the Act;
8. Business affairs regarding supervision over service under Article 14 of the Act;
9. Deleted. <Dec. 20, 2022>
(2) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may process data containing information on health under Article 23 of the Personal Information Protection Act and data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if it is inevitable for performing the following business affairs: Provided, That in cases of business affairs referred to in subparagraph 3, information on health under Article 23 of the Personal Information Protection Act shall be excluded herefrom: <Amended on Dec. 20, 2022>
1. Business affairs regarding on-the-job training under Article 16 (2) of the Act;
2. Business affairs regarding the appointment of public officials exclusively responsible for primary health care services under Article 17 (1) of the Act;
3. Business affairs regarding refresher training of public officials exclusively responsible for primary health care services under Article 18 (2) of the Act;
4. Business affairs regarding medical practice of public officials exclusively responsible for primary health care services under Article 19 of the Act.
[This Article Wholly Amended on Jan. 22, 2013]
ADDENDA <Presidential Decree No. 10347, Jun. 11, 1981>
(1) (Enforcement date) This Decree shall enter into force on the date of its promulgation.
(2) (Repealed statutes or regulations) The Enforcement Decree of the Act on Special Measures for Public Health and Medical Services is hereby repealed.
ADDENDA <Presidential Decree No. 13657, Jun. 1, 1992>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning public health doctors in service)
Notwithstanding the amended provisions of Article 3 (1), the competent Do Governor shall conclude an employment contract to hire a public health doctor, who is engaged in public health service after receiving an order to provide public health services under Article 5 (1) of the Act as at the time this Decree enters into force, as a public official in professional service, until June 1, 1992.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 14446, Dec. 23, 1994>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 15598, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
ADDENDA <Presidential Decree No. 15690, Feb. 28, 1998>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 17939, Mar. 12, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19522, Jun. 12, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 21095, Oct. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on December 22, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24327, Jan. 22, 2013>
This Decree shall enter into force on January 23, 2013.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 27620, Nov. 29, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on November 30, 2016.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 33112, Dec. 20, 2022>
This Decree shall enter into force on the date of its promulgation.