Article 2 (Submission of annual implementation plans) |
Pursuant to Article 8 (2) of the Act on the Prevention of Suicide and the Creation of Culture of Respect for Life (hereinafter referred to as the "Act"), the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") shall formulate a suicide prevention implementation plan for the following year (hereinafter referred to as "implementation plan") and submit it to the Minister of Health and Welfare by December 31 each year.
Article 3 (Procedures for evaluating execution results) |
(1) | Pursuant to Article 8 (2) of the Act, the heads of relevant central administrative agencies and Mayors/Do Governors shall prepare a report on the results of executing the implementation plan for the previous year pursuant to Article 8 (2) of the Act and submit it to the Minister of Health and Welfare by the end of February each year. |
(2) | The Minister of Health and Welfare shall notify the heads of relevant central administrative agencies and Mayors/Do Governors of the results of evaluating the execution results finalized pursuant to Article 8 (2) of the Act by June 30 each year. <Amended on Jun. 11, 2019> |
(3) | The head of a relevant central administrative agency and Mayors/Do Governors shall reflect the results of evaluation notified pursuant to paragraph (2) in the implementation plan for the following year. <Amended on Jun. 11, 2019> |
Article 4 (Composition and operation of Suicide Prevention Policy Committee) |
(1) | The heads of the relevant central administrative agencies prescribed by Presidential Decree in Article 10-2 (4) 1 of the Act means the Minister of Economy and Finance, the Minister of Education, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Health and Welfare, the Minister of Employment and Labor, the Minister of Gender Equality and Family, the Minister of the Office for Government Policy Coordination, the Chairperson of the Korea Communications Commission, the Commissioner of the Statistics Korea, the Commissioner General of the National Police Agency, and the Minister of the Korea Forest Service. |
(2) | The Prime Minister shall commission up to 12 members referred to in Article 10-2 (4) 2 of the Act in consideration of gender. The term of office of members shall be 2 years. |
(3) | If a member under Article 10-2 (4) 2 of the Act falls under any of the following cases, the chairperson of the Suicide Prevention Policy Committee under Article 10-2 (1) of the Act (hereinafter referred to as the "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 disability; |
2. | Where the member commits misconduct in connection with his or her duties; |
3. | Where he or she voluntarily indicates that it is impracticable to perform his or her duties; |
4. | Where he or she is deemed unfit as a member due to delinquency of duties, injury to dignity, or any other reason. |
(4) | Where the chairperson of the Committee is unable to perform his or her duties due to any unavoidable cause, the Minister of Health and Welfare shall act on his or her behalf. |
(5) | A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
(6) | The chairperson of the Committee may request the heads of central administrative agencies and the heads of local governments related to the agenda items submitted to the Committee to attend a meeting of the Committee and make a statement or report thereon. |
(7) | The Committee shall have 1 executive secretary, and the head of the Health and Medical Service Policy Office of the Ministry of Health and Welfare shall be the executive secretary. |
[This Article Added on Jun. 11, 2019]
[Previous Article 4 moved to Article 6 <Jun. 11, 2019>]
Article 5 (Composition and operation of suicide prevention policy working committee) |
(1) | The working committee under Article 10-2 (6) of the Act (hereinafter referred to as the "working committee") shall examine the following matters: |
1. | Matters regarding agenda items to be deliberated upon by the Committee; |
2. | Matters on which the working committee is requested by the Committee to deliberate. |
(2) | The working committee shall be composed of up to 25 members, including 1 chairperson. |
(3) | The chairperson of the working committee shall be the Vice Minister of Health and Welfare, and members of the working committee shall be appointed or commissioned by the chairperson of the working committee from among the following persons: |
1. | Any of the following public officials of a central administrative agency under Article 4 (1), who are designated by the head of the relevant agency; |
(a) | Public officials in general service belonging to the Senior Executive Service; |
(b) | Public officials of Grades I through III who do not belong to the Senior Executive Service; |
(c) | Senior Superintendent General or Superintendent General of the Korean National Police Agency; |
2. | Persons with extensive knowledge of and experience in suicide prevention. |
(4) | A majority of the members of the working committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
(5) | The chairperson of the working committee may request public officials belonging to central administrative agencies and local governments related to the agenda items submitted to the working committee and relevant experts to attend a meeting of the working committee and to make a statement or submit materials. |
(6) | The working committee shall have 1 executive secretary, who shall be a director-level public official of the Ministry of Health and Welfare in charge of suicide prevention affairs. |
[This Article Added on Jun. 11, 2019]
[Previous Article 5 moved to Article 8 <Jun. 11, 2019>]
Article 6 (Implementation of fact-finding surveys on suicide) |
(1) | Pursuant to Article 11 (1) of the Act, the Minister of Health and Welfare shall conduct a nationwide fact-finding survey on suicide, and the Mayor/Do Governor shall conduct a fact-finding survey on suicide in the area under his or her jurisdiction, if necessary. |
(2) | The Minister of Health and Welfare shall announce the results of a fact-finding survey on suicide by posting them on the website, etc. of the Ministry of Health and Welfare. <Amended on Jun. 11, 2019> |
(3) | If it is necessary to conduct an additional survey due to an increase in the suicide rate, etc., the Minister of Health and Welfare and the Mayor/Do Governor may conduct ad hoc surveys on all or part of the matters referred to in the subparagraphs of Article 11 (2) of the Act and supplement the fact-finding survey on suicide under paragraph (1). <Amended on Jun. 11, 2019> |
(4) | If necessary to ascertain the causes, etc. of attempts to commit suicide, the Minister of Health and Welfare and a Mayor/Do Governor may conduct a fact-finding survey on suicide of a person who attempted suicide and his or her family members or the bereaved family members of a person who committed suicide (hereinafter referred to as "person who attempted suicide, etc.") in addition to a fact-finding survey on suicide under paragraphs (1) and (3). In such cases, the Minister of Health and Welfare and the Mayor/Do Governor shall obtain prior consent from the person who attempted suicide, etc. <Amended on Jun. 11, 2019> |
(5) | The Minister of Health and Welfare and the Mayor/Do Governor shall not use the data collected in connection with a fact-finding survey on suicide for any purpose other than the intended purpose. |
[Moved from Article 4; previous Article 6 moved to Article 9 <Jun. 11, 2019>]
Article 7 (Procedures and methods for follow-up management of persons who attempted suicide) |
(1) | If a person falling under any subparagraph of Article 12-2 (1) of the Act becomes aware of a person who attempted suicide, etc. in the course of performing his or her duties, he or she shall, without delay, provide a person who attempted suicide, etc. with the contact information and address of a suicide prevention center under Article 13 of the Act (hereinafter referred to as "suicide prevention center") and a mental health welfare center under subparagraph 3 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients and information on the details of support provided by the relevant center within his or her jurisdiction. <Amended on Dec. 9, 2022> |
(2) | A person falling under any subparagraph of Article 12-2 (1) of the Act shall provide a person who attempted suicide, etc. with the information under paragraph (1) in writing, by electronic mail, by mobile phone text message, etc. |
(3) | “Institutions prescribed by Presidential Decree, which perform suicide prevention affairs” in Article 12-2 (2) 3 of the Act means institutions deemed necessary by the Minister of Health and Welfare to be provided with information on persons who attempted suicide, etc., such as the Korea Foundation for Suicide Prevention under Article 12-4 (1) of the Act. <Amended on Dec. 9, 2022> |
(4) | Deleted. <Aug. 2, 2022> |
(5) | A person who is obligated to provide information pursuant to Article 12-2 (2) of the Act and the latter part of paragraph (3) of that Article shall transmit information under paragraph (4) of that Article in writing or by electronic means such as electronic recording devices and the interlink of information systems between institutions. <Amended Aug. 2. 2022> |
(6) | Deleted. <Aug. 2, 2022> |
(7) | The heads of the institutions referred to in the subparagraphs of Article 12-2 (2) of the Act shall report the details of support under paragraph (6) of that Article to the Minister of Health and Welfare by January 31 of the following year. <Amended on Aug. 2, 2022> |
(8) | If the head of an institution referred to in the subparagraphs of Article 12-2 (2) of the Act designates or changes a person in charge pursuant to paragraph (7) of that Article, he or she shall notify the person who attempted suicide, etc. for whom a person in charge is designated or changed of such fact without delay. <Amended on Aug. 2, 2022> |
(9) | Except as provided in paragraphs (1) through (8), matters necessary for the follow-up management of persons who attempted suicide, etc. shall be determined by the Minister of Health and Welfare. <Added on Aug. 2, 2022> |
[This Article Added on Jun. 11, 2019]
[Previous Article 7 moved to Article 10 <Jun. 11, 2019>]
Article 7-2 (Establishment and operation of Korea Foundation for Suicide Prevention) |
(1) | The articles of association of the Korea Foundation for Suicide Prevention (hereinafter referred to as the "Foundation") established under Article 12-4 (1) of the Act shall include the following matters: |
3. | Location of the main office; |
4. | Matters regarding the scope, details, and execution of business; |
5. | Matters regarding the term of office of executive officers and the appointment and dismissal of executive officers and employees; |
6. | Matters regarding the composition and operation of the board of directors; |
7. | Matters regarding property and accounting; |
8. | Matters regarding budget and settlement of accounts; |
9. | Matters regarding amendments to articles of association; |
10. | Matters regarding the enactment, amendment, and repeal of internal regulations of the Foundation; |
11. | Other important matters regarding the operation of the Foundation. |
(2) | The Foundation shall have a board of directors to deliberate and resolve on the following matters: |
1. | Matters regarding business plans, budget, and settlement of accounts; |
2. | Matters regarding amendments to articles of incorporation; |
3. | Matters regarding the acquisition and disposal of fundamental property; |
4. | Matters regarding the enactment and amendment of major regulations related to organizational status, personnel affairs, remuneration, service, accounting, etc.; |
5. | Matters requiring deliberation and resolution by the Board of Directors under statutes or regulations or the articles of association; |
6. | Matters referred to the board of directors for deliberation and resolution, as deemed necessary by the chairperson; |
7. | Other important matters regarding the operation of the Foundation, which are deemed necessary by the board of directors. |
(3) | The board of directors of the Foundation shall be comprised of directors including the chairperson, and the auditor may attend and make a statement at meetings of the board of directors. |
(4) | The president of the board of directors shall convene and preside over meetings of the board of directors. |
[This Article Added on Dec. 9, 2022]
Article 8 (Entrustment of establishment and operation of suicide prevention centers) |
(1) | Pursuant to Article 13 (3) of the Act, a Mayor/Do Governor and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may entrust the establishment and operation of a suicide prevention center to any of the following private institutions or organizations: <Amended on May 29, 2017; Dec. 9, 2022> |
4. | Other non-profit corporations or organizations equipped with specialized human resources and capabilities for preventing suicide. |
(2) | In entrusting business affairs pursuant to paragraph (1), the expertise, human resources, facilities, etc. of the relevant private institutions and organizations shall be taken into consideration. |
(3) | If a Mayor/Do Governor or the head of a Si/Gun/Gu intends to entrust business affairs pursuant to Article 13 (3) of the Act, he or she shall give a prior public announcement of the standards, procedures, methods, etc. for entrustment on the bulletin board or the website of the entrusting agency. <Amended on Dec. 9, 2022> |
(4) | If a Mayor/Do Governor or the head of a Si/Gun/Gu entrusts business affairs pursuant to Article 13 (3) of the Act, he or she shall publicly announce the name of the entrusted institution, organization, etc. and the details of the entrusted business affairs on the bulletin board or website of the entrusting institution. <Amended on Dec. 9, 2022> |
[Moved from Article 5; previous Article 8 moved to Article 11 <Jun. 11, 2019>]
Article 9 (Installation and operation of emergency telephone lines) |
(1) | The Minister of Health and Welfare shall install suicide prevention emergency telephones under Article 13 (4) of the Act with dedicated lines and operate the suicide prevention emergency telephones with a nationwide unified number around the clock. |
(2) | If the head of a relevant central administrative agency or a Mayor/Do Governor installs suicide prevention emergency telephones, he or she shall ensure that they are linked to the suicide prevention emergency telephones under paragraph (1). |
(3) | Except as provided in paragraphs (1) and (2), matters necessary for the installation and operation of suicide prevention emergency telephones shall be determined by the Minister of Health and Welfare. |
[Moved from Article 6 <Jun. 11, 2019>]
Article 10 (Institutions providing counseling and education on suicide prevention) |
(1) | “Public Institutions prescribed by Presidential Decree” in Article 17 (1) 1 of the Act means the following institutions: |
(2) | “Institutions or organizations prescribed by Presidential Decree” in Article 17 (1) 4 of the Act means the following institutions or organizations: |
1. | A place of business with at least 30 full-time employees; |
4. | Other institutions or organizations determined by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu as deemed necessary to provide counseling and education on suicide prevention. |
(3) | “Persons prescribed by Presidential Decree” in Article 17 (2) 5 of the Act means the following persons: <Added on Jun. 11, 2019> |
[Moved from Article 7 <Jun. 11, 2019>]
Article 11 (Request for provision of information to rescue people in need of emergency rescue) |
(1) | Upon receipt of a request for the provision of personal information pursuant to Article 19-3 (1) of the Act, the head of a police agency, coast guard agency, or fire-fighting agency (hereinafter referred to as "emergency rescue agency") shall record and retain the matters referred to in the subparagraphs of that paragraph in the management ledger in the attached Form pursuant to paragraph (7) of that Article. |
(2) | An emergency rescue agency shall destroy the relevant personal information after the lapse of 3 months from the date personal information is provided upon request under Article 19-3 (1) of the Act. |
(3) | If the Minister of Health and Welfare intends to request the provision of statistical data pursuant to Article 19-3 (9) of the Act, he or she shall make a written request, specifying the purpose, scope, method of submission, etc. of the use of statistical data. |
[This Article Added on Jul. 9, 2019]
[Previous Article 11 moved to Article 14 <Jul. 9, 2019>]
Article 12 (Scope of persons obligated to designate persons in charge of providing materials) |
(2) | A person who intends to file a report pursuant to Article 19-4 (1) of the Act shall submit a report on designation of a person in charge of providing materials prescribed by Ministerial Decree of Health and Welfare to the Minister of Health and Welfare. |
(3) | Upon receipt of a report under paragraph (2), the Minister of Health and Welfare shall notify an emergency rescue agency of the details of the report without delay. |
[This Article Added on Jul. 9, 2019]
Article 13 (Support for bereaved family members of persons who committed suicide) |
(1) | If the State or a local government intends to apply for support for the bereaved family members of a person who committed suicide ex officio pursuant to the former part of Article 20 (4) of the Act, it shall explain the criteria for selecting persons eligible to receive support, measures and procedures for support, etc. to persons eligible to receive support in an easily understandable manner. |
(2) | If the State or a local government intends to obtain consent from a person eligible to receive support pursuant to the latter part of Article 20 (4) of the Act, it shall explain the details necessary for consent to the person eligible to receive support orally, by telephone, or in writing, and shall record his or her expression of consent or obtain consent in writing. |
[This Article Added on Jul. 9, 2019]
Article 14 (Processing sensitive information and personally identifiable information) |
(1) | The State and a local government (where the relevant authority is delegated or entrusted, including persons to whom the relevant authority is delegated or entrusted) may process data containing information on health under Article 23 of the Personal Information Protection Act and 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: |
1. | Business affairs regarding fact-finding surveys on suicide under Article 11 of the Act; |
2. | Business affairs regarding the installation and operation of emergency telephones under Article 13 (4) of the Act; |
3. | Deleted; <Dec. 20, 2022> |
4. | Business affairs regarding support for persons who attempted suicide, etc. under Article 20 of the Act. |
(3) | If it is inevitable for performing the business affairs under Article 13 (1) 1 through 4 of the Act, a suicide prevention center may process data containing information on health under Article 23 of the Personal Information Protection Act and resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act. <Added on Dec. 9, 2022> |
[This Article Added on Aug. 6, 2014]
[Moved from Article 11 <Jul. 9, 2019>]
Article 15 (Standards for Imposing Administrative Fines) |
The criteria for imposing administrative fines under Article 26 (1) and (2) of the Act shall be as specified in the Appendix. [This Article Added on Aug. 2, 2022]
ADDENDUM <Presidential Decree No. 23679, Mar. 26, 2012>
This Decree shall enter into force on March 31, 2012.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on May 30, 2017.
ADDENDUM <Presidential Decree No. 29834, Jun. 11, 2019>
This Decree shall enter into force on June 12, 2019.
ADDENDUM <Presidential Decree No. 29960, Jul. 9, 2019>
This Decree shall enter into force on July 16, 2019.
ADDENDUM <Presidential Decree No. 32841, Aug. 2, 2022>
This Decree shall enter into force on August 4, 2022.
ADDENDUM <Presidential Decree No. 33044, Dec. 9, 2022>
This Decree shall enter into force on December 11, 2022.
ADDENDUM <Presidential Decree No. 33112, Dec. 20, 2022>
This Decree shall enter into force on the date of its promulgation.