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ENFORCEMENT DECREE OF THE ACT ON ESTABLISHING AND ADMINISTRATING THE NATIONAL MEDICAL CENTER

Presidential Decree No. 29950, Jul. 2, 2019

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Establishing and Administrating the National Medical Center and other matters necessary for the enforcement thereof.
 Article 2 (Duties and remuneration of those holding concurrent offices)
(1) Public educational officials who concurrently hold offices in the National Medical Center (hereinafter referred to as "faculty member holding concurrent offices") pursuant to Article 13 (1) of the Act on the Establishment and Operation of the National Medical Center (hereinafter referred to as the "Act") shall perform education, research, or medical treatment at the National Medical Center.
(2) Faculty members holding concurrent offices shall faithfully perform their concurrent business affairs and shall comply with the articles of incorporation and all regulations of the National Medical Center.
(3) The National Medical Center may fully or partially bear the remuneration of faculty members holding concurrent offices and other expenses incurred in holding concurrent offices.
 Article 3 (Dismissal from concurrent offices)
(1) If a faculty member holding concurrent office violates Article 2 (2) or falls under any subparagraph of Article 78 (1) of the State Public Officials Act, the president shall take measures to dismiss him or her from concurrent offices after deliberation by the personnel committee prescribed by the articles of incorporation.
(2) When the president has taken measures to dismiss a faculty member from concurrent offices pursuant to paragraph (1), he or she shall notify the president or dean of the university to which the faculty member holding concurrent offices belongs.
 Article 4 (Submission of budget request for contributions)
When the National Medical Center submits a budget request for contributions for the following year pursuant to Article 15 (2) of the Act, it shall attach the following documents: <Amended on Jul. 2, 2019>
1. A business plan for the following year;
2. An estimated balance sheet and an estimated income statement for the following year;
3. Other documents required to clarify the budget request for contributions.
 Article 5 (Application for payment of contributions)
If the National Medical Center intends to receive contributions, it shall submit to the Minister of Health and Welfare an application for payment of contributions along with a quarterly budget execution plan. <Amended on Mar. 15, 2010>
 Article 6 (Treatment of surplus)
When a surplus accrues according to the results of the settlement of accounts for each business year, the National Medical Center shall appropriate it to cover losses carried forward, and carry forward the remainder to the following year.
 Article 7 (Gratuitous lease of State property)
The gratuitous lease of a State property under Article 16 (1) of the Act shall be governed by a contract between an administrative agency of the State property and the National Medical Center.
 Article 8 (Submission of business plans)
(1) A business plan to be submitted pursuant to Article 18 (1) of the Act shall separately indicate the purposes, policies, main contents, and necessary budget of programs.
(2) “Important matters prescribed by Presidential Decree” in Article 18 (2) of the Act means any of the following:
1. Establishment of programs;
2. A change in the budget exceeding 10 percent of the total budget.
 Article 9 (Submission of statement of settlement of accounts)
The settlement of accounts of revenues and expenditures submitted pursuant to Article 19 of the Act shall be accompanied by the following documents: <Amended on Jul. 2, 2019>
1. The statement of financial position and the income statement for the relevant year;
2. A table comparing the business plan for the relevant year with its execution records;
3. The auditor's audit report and the accounting audit report of a certified public accountant;
4. Other evidential documents verifying the details of the settlement of accounts.
 Article 10 (Evaluation of operation)
(1) The evaluation of the operation of the National Medical Center under Article 21 (1) of the Act shall be conducted every other year.
(2) The Minister of Health and Welfare may, if necessary, designate a corporation or organization that meets the requirements prescribed by Ministerial Decree of Health and Welfare as an operational evaluation institution to evaluate operations under Article 21 (1) of the Act. <Amended on March 15, 2010>
 Article 11 (Dispatch of public officials)
(1) When the National Medical Center requests the head of a relevant administrative agency to dispatch public officials affiliated with the agency pursuant to Article 22 (1) of the Act, it shall specify the specialized fields and qualification requirements of the public officials to be dispatched, the positions and duties to be assigned, and other relevant matters.
(2) The National Medical Center may pay allowances to public officials dispatched pursuant to paragraph (1), as prescribed by its articles of incorporation.
 Article 12 (Processing of personally identifiable information)
The Minister of Health and Welfare may process data containing resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable for performing business affairs regarding the verification of grounds for disqualification of executive officers under Article 9 of the Act.
[This Article Added on Mar. 27, 2017]
ADDENDA <Presidential Decree No. 21920, Dec. 30, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on April 2, 2010.
Article 2 (Transfer of prescribed number of personnel following abolition of the former National Medical Center and transitional measures)
Among the 710 public officials (6 senior civil servants and 704 public officials of Grade 3 or 4 or lower in technical service) belonging to the National Medical Center which shall be abolished pursuant to Article 3 (3) of the Addenda, 42 persons (4 persons in Grade 4, 7 persons in Grade 5, 4 persons in Grade 6, 12 persons in Grade 7, 13 persons in Grade 8, 1 person in Grade 9, and 1 person in Technical Level 10) shall be transferred to the Ministry of Health and Welfare as the organ transplantation and emergency medical services are transferred to the Ministry of Health and Welfare; and with respect to those who are determined to continue to maintain their status as public officials pursuant to Article 9 (1) of the Addenda of the Act among 668 persons of the remaining prescribed number of employees (6 senior civil servants, 22 persons in Grades 3 or 4, 53 persons in Grade 4, 29 persons in Grade 5, 90 persons in Grade 6, 120 persons in Grade 7, 137 persons in Grade 8, 26 persons in Grade 9, 26 persons in Grade 9; 5 in Technical Level 7, 8 in Technical Level 8, 11 in Technical Level 9, and 161 in Technical Level 10), it shall be deemed that the Ministry of Health and Welfare and the agency under its jurisdiction have a quota equivalent to the present number until April 1, 2012, if there are a present number of employees (excluding cases where public officials in special service or public officials in contract service constitute the present number of employees). <Amended on March 30, 2011>
[Previous Article 2 moved to Article 3 <Mar. 31, 2010>]
Article 3 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on March 19, 2010; provided, Article 2 (28) of the Addenda shall enter into force on April 2, 2010.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22105, Mar. 31, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on April 2, 2010.
Article 2 Omitted.
Article 2 (Transfer of prescribed number of personnel following abolition of the former National Medical Center and transitional measures)
Among the 710 public officials (6 senior civil servants and 704 public officials of Grade 3 or 4 or lower in technical service) belonging to the National Medical Center which shall be abolished pursuant to Article 3 (3) of the Addenda, 42 persons (4 persons in Grade 4, 7 persons in Grade 5, 4 persons in Grade 6, 14 persons in Grade 7, 13 persons in Grade 8, 1 person in Grade 9, and 1 person in Technical Level 10) shall be transferred to the Ministry of Health and Welfare as the organ transplantation and emergency medical services are transferred to the Ministry of Health and Welfare; and with respect to those who are determined to continue to maintain their status as public officials pursuant to Article 9 (1) of the Addenda of the Act among 668 persons of the remaining prescribed number of employees (6 senior civil servants, 22 persons in Grade 3 or 4, 53 persons in Grade 4, 29 persons in Grade 5, 81 persons in Grade 6, 118 persons in Grade 7, 147 persons in Grade 8, 27 persons in Grade 9, 5 in Technical Level 7, 8 in Technical Level 8, 11 in Technical Level 9, and 161 in Technical Level 10), it shall be deemed that the Ministry of Health and Welfare and the agency under its jurisdiction have a quota equivalent to the present number until April 1, 2011, if there are a present number of employees (excluding cases where public officials in special service or public officials in contract service constitute the present number of employees).
(2) Omitted.
ADDENDUM <Presidential Decree No. 22793, Mar. 30, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)