The purpose of this Decree is to provide for matters mandated by the Health and Medical Personnel Support Act and those necessary for the enforcement thereof.
| Article 2 (Health and medical personnel) |
“Persons prescribed by Presidential Decree” in subparagraph 3 (e) of Article 2 of the Health and Medical Personnel Support Act (hereinafter referred to as the "Act") means persons who have obtained the following licenses or qualifications:
| Article 3 (Formulation of health and medical personnel master plan) |
If the Minister of Health and Welfare formulates a health and medical personnel master plan under Article 5 (1) of the Act (hereinafter referred to as "master plan"), he or she shall reflect the results of evaluating the execution results of a health and medical personnel implementation plan under Article 6 (1) of the Act (hereinafter referred to as "implementation plan") pursuant to Article 6 (2) of the Act.
| Article 4 (Formulation and implementation of annual implementation plans) |
| (1) | The Minister of Health and Welfare shall prepare guidelines necessary for formulating implementation plans and notify the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as "Mayors/Do Governors") thereof. |
| (2) | The heads of relevant central administrative agencies and Mayors/Do Governors shall submit an implementation plan for the following year to the Minister of Health and Welfare by December 31 each year. |
| (3) | If the head of a relevant central administrative agency or a Mayor/Do Governor changes an implementation plan submitted pursuant to paragraph (2), he or she shall notify the Minister of Health and Welfare of the details thereof without delay. |
| (4) | The heads of relevant central administrative agencies and Mayors/Do Governors shall submit to the Minister of Health and Welfare the execution results of the implementation plan for the preceding year by the end of February each year. |
| (5) | The Minister of Health and Welfare shall evaluate the execution results submitted under paragraph (4) pursuant to Article 6 (2) of the Act and notify the heads of relevant central administrative agencies and Mayors/Do Governors of the results thereof. |
| (6) | The heads of relevant central administrative agencies and Mayors/Do Governors shall reflect the results of evaluation under paragraph (5) in formulating an implementation plan for the following year, unless there is good cause. |
| Article 5 (Composition of Deliberative Committee on Policies for Health and Medical Personnel) |
| (1) | The term of office of a member of the Deliberative Committee on Policies for Health and Medical Personnel under Article 8 (1) of the Act (hereinafter referred to as the "Committee"), who is not a public official, shall be 2 years. |
| (2) | “Persons prescribed by Presidential Decree” in Article 8 (5) 5 of the Act means persons recommended by an organization that can represent health and medical personnel. |
| (3) | If a member of the Committee falls under any of the following cases, he or she shall be excluded from deliberation of the Committee: |
| 1. | Where a member, or his or her current or former spouse becomes a party to the relevant agenda item or is holding any right or duty jointly with a party to such agenda item; |
| 2. | Where a member is or was a relative of a party to the relevant agenda item; |
| 3. | Where a member provides any testimony, statement, advice, research, service, or appraisal regarding the relevant agenda item; |
| 4. | Where a member or the corporation to which the member belongs is or was an agent of a party to the relevant agenda item. |
| (4) | If any circumstances indicate that it would be impracticable to expect a fair deliberation and resolution from a member, a party may file a request for challenge to the member with the Committee, and the Committee shall decide whether to accept the request by resolution. In such cases, the member subject to the request for challenge shall not participate in the resolution. |
| (5) | If a member falls under any subparagraph of paragraph (3), he or she shall recuse himself or herself from deliberation and resolution on the relevant agenda item. |
| (6) | If a member commissioned pursuant to Article 8 (5) of the Act falls under any of the following cases, the Minister of Health and Welfare 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 he or she has committed any misconduct in connection with his or her duties; |
| 3. | Where he or she is deemed unfit as a member due to neglect of duties, injury to dignity, or any other reason; |
| 4. | Where he or she fails to recuse himself or herself despite falling under any subparagraph of paragraph (3); |
| 5. | Where he or she voluntarily declares that it is difficult for him or her to perform his or her duties. |
| Article 6 (Operation of Committee) |
| (1) | The Chairperson of the Committee (hereinafter referred to as the "Chairperson") shall represent the Committee and preside over the business affairs of the Committee. |
| (2) | When the Chairperson is unable to perform his or her duties in unavoidable circumstances, a member of the Committee pre-nominated by the Chairperson shall act on his or her behalf. |
| (3) | The Chairperson shall convene a meeting of the Committee when he or she deems it necessary and shall preside over the meeting. |
| (4) | 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. |
| (5) | The Committee shall have an executive secretary to handle the business affairs of the Committee, who shall be designated by the Minister of Health and Welfare from among public officials affiliated with the Ministry of Health and Welfare. |
| (6) | Allowances, travel expenses, and other necessary expenses may be paid to members who attend a meeting of the Committee within the budget; provided, this shall not apply where a member who is a public official attends a meeting of the Committee in direct connection with his or her duties. |
| (7) | If necessary to efficiently perform the business affairs of the Committee, the Committee may establish specialized committees by field. |
| (8) | Except as provided in paragraphs (1) through (7), matters necessary for the operation of the Committee and specialized committees by field shall be determined by the Chairperson following a resolution by the Committee. |
| Article 7 (Reporting on employment status) |
| (1) | The head of a health and medical institution shall report the employment status, etc. of health and medical personnel as of December 31 of the preceding year to the Minister of Health and Welfare by March 31 of each year pursuant to Article 9 (4) of the Act. |
| (2) | The Minister of Health and Welfare may receive and manage reports under paragraph (1) through the integrated information system under Article 16 (1) of the Act. |
| Article 8 (Entrustment of business affairs regarding counseling and support for health and medical personnel) |
| (1) | Pursuant to Article 13 (2) of the Act, the Minister of Health and Welfare may entrust the business affairs of counseling and assistance provided in paragraph (1) of that Article to an institution recognized by the Minister of Health and Welfare as having the organizational structure, human resources, facilities, etc. necessary to perform such business affairs. |
| (2) | If the Minister of Health and Welfare entrusts business affairs pursuant to paragraph (1), he or she shall publicly notify the entrusted institution. <Amended on Dec. 13, 2022> |
| Article 9 (Designation and operation of institutions specialized in assisting health and medical personnel and revocation of designation) |
| (1) | The Minister of Health and Welfare may designate any of the following institutions or organizations as an institution specialized in assisting health and medical personnel under Article 17 (1) of the Act (hereinafter referred to as "institution specialized in assisting health and medical personnel"): |
| 4. | Other institutions or organizations recognized by the Minister of Health and Welfare as having the organizational structure, human resources, facilities, etc. necessary to assist health and medical personnel. |
| (2) | Any person who intends to be designated as an institution specialized in assisting health and medical personnel pursuant to Article 17 (1) of the Act shall file an application for designation with the Minister of Health and Welfare after meeting all of the following requirements: |
| 1. | He or she shall secure at least 2 dedicated personnel with at least 3 years’ work experience in the business affairs prescribed in the subparagraphs of Article 17 (2) of the Act; |
| 2. | He or she shall be equipped with facilities and equipment determined by the Minister of Health and Welfare as necessary for performing the business affairs prescribed in the subparagraphs of Article 17 (2) of the Act. |
| (3) | Detailed standards for revoking designation of institutions specialized in assisting health and medical personnel and suspending their business under Article 17 (4) of the Act shall be as specified in the Appendix. <Amended on Dec. 12, 2023> |
| (4) | The head of an institution specialized in assisting health and medical personnel shall report to the Minister of Health and Welfare a business plan for the following year by October 31 of each year, and the business performance for the previous year by January 31 of each year, respectively. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the designation, operation, etc. of institutions specialized in assisting health and medical personnel shall be prescribed by Ministerial Decree of Health and Welfare. |
[Title Amended on Dec. 12, 2023]
| Article 10 (Entrustment of business affairs) |
| (1) | Pursuant to Article 20 (2) of the Act, the Minister of Health and Welfare may entrust the following business affairs to an institution specialized in assisting health and medical personnel or an institution or organization deemed by the Minister of Health and Welfare as having the organizational structure, human resources, facilities, etc. necessary to perform the following business affairs: |
| 1. | Fact-finding surveys under Article 7 (1) of the Act; |
| 2. | Acceptance of reports on the employment status, etc. of health and medical personnel under Article 9 (4) of the Act; |
| 3. | Projects to assist health and medical personnel under Article 11 (1) of the Act. |
| (2) | If the Minister of Health and Welfare entrusts business affairs pursuant to paragraph (1), he or she shall publicly notify the institutions and organizations entrusted with the business affairs and the details of the entrusted business affairs. |
| Article 11 (Processing of personally identifiable information) |
The Minister of Health and Welfare and an institution specialized in assisting health and medical personnel may process data containing resident registration numbers, passport numbers, or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable for conducting the business affairs regarding the establishment and operation of an integrated information system under Article 16 (1) of the Act. [This Article Added on Dec. 13, 2022]
ADDENDUM <Presidential Decree No. 30140, Oct. 22, 2019>
This Decree shall enter into force on October 24, 2019.
ADDENDUM <Presidential Decree No. 33074, Dec. 13, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33947, Dec. 12, 2023>
This Decree shall enter into force on December 14, 2023.