The purpose of this Decree is to prescribe matters mandated by the Dementia Management Act and matters necessary for the enforcement thereof.
| Article 2 (Important matters of comprehensive dementia management plans) |
| 1. | Basic policy measures for the prevention and management of dementia; |
| 2. | Training of professional human resources necessary for dementia management. |
| Article 3 (Formulation and notification of comprehensive dementia management plans) |
| (1) | The Minister of Health and Welfare shall formulate a comprehensive dementia management plan under Article 6 (1) of the Act every 5 years and notify the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, Special Self-Governing Province Governors (hereinafter referred to as "Mayor/Do Governors"), and the heads of Si/Gun/Gus (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) of such plan by September 30 of the year preceding the year in which the plan is to be implemented. <Amended on Jun. 8, 2021> |
| (2) | To efficiently formulate and execute an implementation plan for dementia management under Article 6 (4) of the Act (hereinafter referred to as "implementation plan"), the Minister of Health and Welfare shall set guidelines for formulating implementation plans and notify the heads of relevant central administrative agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus of those guidelines by October 31 of the year preceding the implementation year. <Amended on Sep. 26, 2023> |
| (3) | The head of the relevant central administrative agency, Mayor/Do Governor, and the head of a Si/Gun/Gu shall formulate an implementation plan for the following year for each relevant jurisdiction in accordance with the guidelines for formulating an implementation plan under paragraph (2) and submit such plan to the Minister of Health and Welfare by December 31 each year. <Amended on Sep. 26, 2023> |
| (4) | In order to efficiently evaluate the results of execution of an implementation plan under Article 6 (5) of the Act, the Minister of Health and Welfare shall formulate evaluation guidelines and notify the heads of relevant central administrative agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus of those guidelines by December 31 of the implementation year. <Amended on Sep. 26, 2023> |
| (5) | Following evaluation guidelines, the heads of the relevant central administrative agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus shall prepare and submit implementation results. The heads of the central administrative agencies and Mayors/Do Governors shall submit the results to the Minister of Health and Welfare by March 31 of the year following the implementation year, and the heads of Sis/Guns/Gus shall submit their implementation results to the Mayors/Do Governors by the end of February of the year following the implementation year. <Newly Inserted on Sep. 26, 2023> |
| (6) | The Minister of Health and Welfare and the Mayor/Do Governors shall evaluate the implementation results in accordance with the guidelines for evaluating the implementation results under paragraph (4), and the Minister of Health and Welfare shall notify the heads of the relevant central administrative agencies and Mayors/Do Governors, and the Mayor/Do Governors shall notify the Minister of Health and Welfare and the heads of Sis/Guns/Gus. <Newly Inserted on Sep. 26, 2023> |
| Article 4 (Composition of national dementia management committee and term of office of members) |
| (1) | The Minister of Health and Welfare shall appoint or commission a majority of the members of the National Dementia Management Committee under Article 7 of the Act (hereinafter referred to as the "Committee") upon recommendation of dementia-related specialized organizations. |
| (2) | The term of office of members commissioned pursuant to paragraph (1) shall be 3 years, and they may be reappointed only once. <Amended on Jun. 8, 2021> |
| (3) | The term of office of a member newly commissioned due to dismissal, etc. of a member shall be the remainder of his or her predecessor's term of office. <Amended on Jun. 8, 2021> |
| (4) | If a member commissioned pursuant to paragraph (1) falls under any of the following cases, the Minister of Health and Welfare may dismiss the relevant member: <Newly Inserted on Jun. 8, 2021> |
| 1. | If the member becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | If the member commits any wrongdoing related to his or her duties; |
| 3. | If the member is deemed unfit for membership due to neglect of duties, loss of dignity, or any other reason; |
| 4. | If the member voluntarily indicates that there is difficulty in performing duties. |
| Article 5 (Operation of committee) |
| (1) | The chairperson shall represent the Committee and exercise general supervision over its affairs. |
| (2) | The vice chairperson shall assist the chairperson and, where the chairperson is unable to perform his or her duties due to any unavoidable cause, the vice chairperson shall act on behalf of the chairperson. <Amended on Jun. 8, 2021> |
| (3) | The chairperson shall convene and preside over meetings of the Committee when requested by at least 1/3 of all incumbent members or, if deemed necessary by the chairperson. |
| (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) | Except as provided in paragraphs (1) through (4), matters necessary for the operation, etc. of the Committee shall be determined by the chairperson following a resolution by the Committee. |
| Article 6 (Executive secretary) |
The Committee shall have 1 executive secretary to handle its affairs, who shall be designated by the Minister of Health and Welfare from among public officials of the Ministry of Health and Welfare.
Allowances, travel expenses, and other necessary expenses may be reimbursed to members who attended Committee meetings within the budget; provided, this shall not apply where any member who is a public official attends meetings in direct connection with his or her duties.
| Article 8 (Scope of dementia screening programs) |
| (1) | Dementia screening programs under Article 11 (1) of the Act (hereinafter referred to as "dementia screening programs") shall include the following: |
| 1. | Selection and notification of persons eligible for the dementia screening program; |
| 2. | Dementia screening and diagnosis of persons eligible for the dementia screening program; |
| 3. | Payment of screening expenses for persons eligible for the dementia screening program; |
| 4. | Promotion of dementia screening; |
| 5. | Development and management of the dementia screening programs; |
| 6. | Quality control of dementia screening processes. |
| (2) | The following persons shall be eligible for the dementia screening programs: |
| (3) | The dementia screening program cycle shall not exceed 2 years. <Amended on Jun. 8, 2021> |
| Article 9 (Eligibility for subsidization of dementia screening expenses) |
"Health insurance policyholders prescribed by Presidential Decree" in Article 11 (4) of the Act shall be health insurance policyholders and their dependents under Article 5 of the National Health Insurance Act who fall below the standards determined and publicly notified by the Minister of Health and Welfare, based on income, assets, etc.
| Article 10 (Eligibility, standards, and methods for subsidization of medical expenses) |
| (1) | Persons eligible for subsidization of medical expenses under Article 12 (1) of the Act shall be those whose income, assets, etc. fall below the standards determined and publicly notified by the Minister of Health and Welfare each year from among any of the following persons: |
| (2) | A person who intends to receive a subsidy for medical expenses pursuant to paragraph (1) shall apply for subsidization to the head of the competent public health clinic. |
| (3) | Upon receiving an application for subsidization of medical expenses under paragraph (2), the head of the public health clinic may request the relevant agency to submit data on the income, assets, etc. of the person eligible for subsidization of medical expenses. |
| (4) | The Minister of Health and Welfare shall determine and publicly notify details such as the maximum subsidized amount, the period of subsidization, and subsidization procedures. |
| Article 11 (Requirements for guardianship candidates) |
"Individual or a legal entity meeting the requirements prescribed by Presidential Decree" in Article 12-3 (2) of the Act means a person or a corporation not disqualified under Article 937 of the Civil Act, meeting any of the following requirements: <Amended on Jun. 8, 2021> | 1. | A person who has completed education deemed necessary by the Minister of Health and Welfare, such as awareness of dementia, the guardianship system, and guardians under the Civil Act; |
| 2. | A corporation meeting the following requirements and is recognized by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu as having expertise to handle guardianship affairs: |
| (a) | It shall perform duties related to the welfare or guardianship of senior citizens; |
| (b) | It shall have at least 1 dedicated staff member meeting any of the following requirements: |
| (ii) | A person who has acquired a grade 1 social worker certificate under Article 11 of the Social Welfare Services Act and who has at least 1 year of work experience (including that prior to acquiring the certificate) in a field related to guardianship; |
| (iii) | A person who has at least 1 year of work experience after being appointed as a guardian by the court (excluding relatives of the ward); |
| (iv) | A person who has at least 1 year of work experience in a corporation that performs duties related to guardianship. |
[This Article Newly Inserted on Sep. 18, 2018]
[Previous Article 11 moved to Article 12 <Sep. 18, 2018>]
| Article 11-2 (Scope of data requested for submission) |
The scope of data that the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu (including a person to whom the authority is delegated or entrusted pursuant to Article 20 of the Act) may request for submission pursuant to the former part of Article 15 (1) of the Act shall be as specified in attached Table 1. [This Article Newly Inserted on Jun. 8, 2021]
| Article 11-3 (Entrustment of establishment and operation of the Central Dementia Center) |
[This Article Newly Inserted on Jun. 8, 2021]
| Article 12 (Establishment and operation of public intermediate care hospitals) |
If a local government intends to establish a public intermediate care hospital under Article 16-3 (1) of the Act (hereinafter referred to as "public intermediate care hospital"), it shall inform the Minister of Health and Welfare in advance of a plan for the establishment and operation thereof. [This Article Newly Inserted on Dec. 31, 2018]
[Previous Article 12 moved to Article 13 <Dec. 31, 2018>]
| Article 13 (Delegation and entrustment) |
| (1) | The Minister of Health and Welfare shall delegate the following authority to Mayors/Do Governors pursuant to Article 20 (1) of the Act: |
| 1. | Selection and notification of persons eligible for dementia screening programs under Article 8 (1) 1; |
| 2. | Payment of medical screening expenses for persons eligible for dementia screening programs under Article 8 (1) 3. |
| (2) | Pursuant to Article 20 (2) of the Act, the Minister of Health and Welfare shall entrust the following duties to the Central Dementia Center under Article 16 of the Act: |
| 1. | Conducting epidemiological surveys under Article 14 of the Act; |
| 2. | Developing and managing dementia screening programs under Article 8 (1) 5; |
| 3. | Controlling quality of dementia screening processes under Article 8 (1) 6. |
| (3) | The Minister of Health and Welfare shall entrust the following duties to the National Medical Center pursuant to Article 20 (2) of the Act: <Newly Inserted on Dec. 31, 2018; Jun. 8, 2021> |
| 1. | Evaluating the operation of public intermediate care hospitals under Article 16-3 (2) of the Act; |
| 2. | Designating dementia care hospitals under Article 16-4 (1) of the Act. |
[Moved from Article 12; previous Article 13 moved to Article 14 <Dec. 31, 2018>]
| Article 14 (Processing of sensitive information and personally identifiable information) |
The Minister of Health and Welfare (including persons entrusted with the Minister of Health and Welfare’s business affairs pursuant to Article 20 (2) of the Act and Article 13 (2) of this Decree), the head of a local government (including persons to whom the relevant authority is delegated or entrusted) or a guardian appointed pursuant to Article 12-3 (1) or (2) of the Act may process information on health under Article 23 of the Personal Information Protection Act or 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 necessary to perform the following business affairs: <Amended on Dec. 31, 2018> | 1. | Dementia screening programs under Article 11 of the Act; |
| 2. | Medical expense subsidy programs for dementia patients under Article 12 of the Act; |
| 3. | Support for the use of the adult guardianship system under Article 12-3 of the Act; |
| 4. | Entrustment of the operation of public intermediate care hospitals under Article 16-3 (3) of the Act; |
| 5. | Dementia-related counseling and early screenings under Article 17 (2) 1 of the Act, the registration and management of dementia patients under subparagraph 2 of that paragraph, operation of short-term care homes for dementia patients under subparagraph 5 of that paragraph, and support projects for families of dementia patients under subparagraph 6 of that paragraph. |
[This Article Newly Inserted on Sep. 18, 2018]
[Moved from Article 13 <Dec. 31, 2018>]
| Article 15 (Administrative data matching) |
| (1) | The Minister of Health and Welfare (including those entrusted with the duties of the Minister of Health and Welfare pursuant to Article 20 (2) of the Act and Article 13 (2) and (3) of this Decree; hereinafter the same shall apply) or the head of a local government (including those delegated or entrusted with the relevant authority or duties; hereinafter the same shall apply) may, if necessary for performing the duties prescribed in the subparagraphs of Articles 11, 12, 12-3, 16-3, 16-4, and 17 (2) of the Act, verify administrative information specified in attached Table 2 through administrative data matching under Article 36 (1) of the Electronic Government Act. In such cases, he or she shall obtain prior consent from the data subject defined in subparagraph 3 of Article 2 of the Personal Information Protection Act or from his or her legal representative or guardian (hereinafter referred to as "data subject, etc."). <Amended on Jun. 8, 2021> |
| (2) | If the Minister of Health and Welfare or the head of a local government fails to obtain prior consent under the latter part of paragraph (1), he or she may request the data subject, etc. to submit the relevant information. |
[This Article Newly Inserted on Dec. 31, 2018]
ADDENDUM <Presidential Decree No. 23580, Feb. 1, 2012>
This Decree shall enter into force on February 5, 2012.
ADDENDUM <Presidential Decree No. 29177, Sep. 18, 2018>
This Decree shall enter into force on September 20, 2018.
ADDENDUM <Presidential Decree No. 29451, Dec. 31, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31743, Jun. 8, 2021>
This Decree shall enter into force on June 30, 2021.
ADDENDUM <Presidential Decree No. 33756, Sep. 26, 2023>
This Decree shall enter into force on September 29, 2023.