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ENFORCEMENT DECREE OF THE ACT ON THE PREVENTION AND MANAGEMENT OF LONELY DEATHS

Presidential Decree No. 34303, Mar. 12, 2024

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on the Prevention and Management of Lonely Deaths and other matters necessary for the enforcement thereof.
 Article 4 (Formulation of annual implementation plans)
(1) The Minister of Health and Welfare shall prepare guidelines necessary for formulating an annual implementation plan for the prevention of lonely deaths (hereinafter referred to as "implementation plan") under Article 7 (1) of the Act on the Prevention and Management of Lonely Deaths (hereinafter referred to as the "Act") 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") of such guidelines no later than October 31 each year.
(2) The heads of relevant central administrative agencies and Mayors/Do Governors shall formulate an implementation plan for the following year in accordance with the guidelines under paragraph (1) and submit such plan to the Minister of Health and Welfare by December 31 each year pursuant to Article 7 (2) of the Act.
(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.
 Article 3 (Evaluation of the execution results for the preceding year)
(1) 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 pursuant to Article 7 (2) of the Act.
(2) The Minister of Health and Welfare shall evaluate the execution results submitted pursuant to paragraph (1) and notify the heads of relevant central administrative agencies and Mayors/Do Governors of the results thereof by no later than June 30 each year.
(3) The heads of relevant central administrative agencies and Mayors/Do Governors shall reflect the evaluation results notified pursuant to paragraph (2) in formulating an implementation plan for the following year, in the absence of good cause.
 Article 4 (Implementation of fact-finding surveys on lonely deaths)
(1) A fact-finding survey on lonely deaths under Article 10 (1) of the Act (hereinafter referred to as “fact-finding survey”) shall include the following:
1. Matters regarding general characteristics of persons subject to the survey, such as gender, age, educational background, marital status, and employment status;
2. Matters regarding risk factors for lonely death, such as housing and living conditions, health status, social relationships, etc. of the persons subject to the survey;
3. The general public's awareness of lonely deaths;
4. Other matters the Minister of Health and Welfare deems necessary to ascertain the causes and actual conditions of lonely deaths.
(2) When the Minister of Health and Welfare publishes the results of a fact-finding survey pursuant to Article 10 (1) of the Act, he or she shall publish such results on the website, etc. of the Ministry of Health and Welfare.
(3) If an ad hoc survey is necessary due to a rapid increase in lonely deaths, etc., the Minister of Health and Welfare may conduct an ad hoc survey to supplement the fact-finding survey.
(4) The Minister of Health and Welfare may conduct a fact-finding survey and an ad hoc survey under paragraph (3) by entrusting it to an institution or organization specialized in lonely deaths, such as a national or public hospital, a national or public research institute, or a university or college.
 Article 5 (Preparation of statistics on lonely deaths)
(1) Pursuant to Article 10 (2) of the Act, the Minister of Health and Welfare shall prepare statistics on lonely deaths (hereinafter referred to as "statistics on lonely deaths") with respect to matters referred to in the subparagraphs of Article 4 (1) and matters necessary to use as basic data necessary for formulating and implementing policies for preventing lonely deaths.
(2) Statistics on lonely deaths shall be prepared by the following means:
1. Collection and use of administrative data under subparagraph 7 of Article 3 of the Statistics Act;
2. Questionnaire surveys;
3. Other methods deemed necessary by the Minister of Health and Welfare to prepare statistics on lonely deaths.
 Article 6 (Designation of specialized survey and research institutes)
“Corporation or organization with human resources, facilities, etc. prescribed by Presidential Decree” in Article 12 (1) of the Act means a corporation or organization deemed by the Minister of Health and Welfare as having have an organizational structure, human resources, expertise, and security systems necessary to collect, analyze, and manage statistics on lonely deaths and to conduct surveys and research for the prevention of lonely deaths.
 Article 6-2 (Establishment and operation of lonely death crisis response system)
(1) “Information prescribed by Presidential Decree” in Article 12-2 (2) 6 of the Act means the following information:
1. Information on the provision of long-term care benefits under the subparagraphs of Article 23 (1) of the Long-Term Care Insurance Act;
2. Information on services such as visiting medical treatment and care and protective measures such as safety verification for senior citizens living alone under Article 27-2 (1) of the Welfare of Senior Citizens Act;
3. Other information that the Minister of Health and Welfare deems necessary for the prevention and management of lonely deaths.
(2) “Information system prescribed by Presidential Decree” in Article 12-2 (6) 2 of the Act means the following information systems:
1. A dementia information system under Article 13-2 (1) of the Dementia Management Act;
2. An information system that the Minister of Health and Welfare deems necessary for the prevention and management of lonely deaths.
(3) Pursuant to Article 12-2 (7) of the Act, the Minister of Health and Welfare shall entrust the Korea Social Security Information Service established under Article 29 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries with the business affairs regarding the establishment and operation of the lonely death crisis response system.
(4) Except as provided in paragraphs (1) through (3), matters necessary for establishing and operating the lonely death crisis response system shall be determined by the Minister of Health and Welfare.
[This Article Added on Mar. 12, 2024]
 Article 7 (Organization and operation of Lonely Death Prevention Council)
(1) The term of office of a member commissioned by the chairperson of the Lonely Death Prevention Council under Article 14 (1) of the Act (hereinafter referred to as the "Council") pursuant to Article 14 (3) 3 of the Act (hereinafter referred to as "commissioned member") shall be 2 years, and he or she may be reappointed for only one further term; provided, the term of office of a member newly commissioned due to resignation, etc. of a member shall be the remainder of his or her predecessor's term of office.
(2) If a commissioned member falls under any of the following cases, the Minister of Health and Welfare may dismiss the relevant member:
1. Where he or she becomes incapable of performing his or her duties due to mental or physical disability;
2. Where he or she conducts any irregularity 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 voluntarily declares that it is difficult for him or her to perform his or her duties.
(3) The chairperson of the Council shall have general supervision and control of the business affairs of the Council, 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.
(4) A working council may be established in the Council, as prescribed by Ministerial Decree of Health and Welfare, if necessary for the efficient performance of the business affairs of the Council.
(5) If deemed necessary, the Council or the working council may have the heads of relevant agencies, experts, and other relevant persons attend its meetings to express their opinions.
(6) Except as provided in paragraphs (1) through (5), details necessary for the composition and operation of the Council and the working council shall be determined by the Chairperson following a resolution by the Council.
[Title Amended on Mar. 12, 2024]
 Article 8 (Counseling and education institutions to prevent lonely deaths)
"Institutions or organizations prescribed by Presidential Decree" in Article 16 (1) 3 of the Act means the following institutions or organizations:
1. A place of business with at least 30 full-time employees;
3. A hospital-level medical institution prescribed in Article 3 (2) 3 of the Medical Service Act;
4. A local government-invested public corporation or local public agency established pursuant to Articles 49 (1) and 76 (1) of the Local Public Enterprises Act;
6. Other institutions or organizations deemed by the Minister of Health and Welfare, the heads of the relevant central administrative agencies, Mayors/Do Governors, or the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus) to require counseling and education for the prevention of lonely deaths.
ADDENDUM <Presidential Decree No. 31579, Mar. 30, 2021>
This Decree shall enter into force on April 1, 2021.
ADDENDUM <Presidential Decree No. 34303, Mar. 12, 2024>
This Decree shall enter into force on March 15, 2024.