The purpose of this Act is to contribute to the improvement of the quality of life of the people by establishing the Korea Human Resource Development Institute for Health and Welfare, which shall provide education, training, and other related services in the field of health and welfare, thereby offering opportunities for persons engaged in health and welfare-related affairs to enhance their expertise and promoting the advancement of the health and welfare sector.
[This Article Wholly Amended on Oct. 22, 2012]
| Article 2 (Juristic personality) |
The Korea Human Resource Development Institute for Health and Welfare (hereinafter referred to as "KOHI") shall be a corporation. <Amended on Jul. 27, 2021>
| Article 3 (Establishment) |
| (1) | KOHI shall be established at the time it registers such establishment at the location of its main office. <Amended on Jul. 27, 2021> |
| (2) | Matters to be registered for establishment under paragraph (1) shall be as follows: |
| 3. | Location of the main office, affiliated institutions, and regional offices; |
| 4. | Names and addresses of the executive officers; |
| 5. | Methods of public announcement. |
| (3) | The provisions of the Civil Act governing the registration of an incorporated foundation shall apply mutatis mutandis to the registration other than registration of establishment. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 4 (Establishment of offices) |
| (1) | The main location of KOHI shall be prescribed by its articles of incorporation. <Amended on Jul. 27, 2021> |
| (2) | If necessary, KOHI may, with the approval of the Minister of Health and Welfare, establish research institutes as affiliated organizations for the research and development of education and training, etc. in the field of health and welfare, and may establish regional offices to promote education in each region. <Amended on Jul. 27, 2021> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 5 (Articles of incorporation) |
| (1) | The articles of incorporation of KOHI shall include the following matters: <Amended on Jul. 27, 2021> |
| 3. | Matters regarding the main office, affiliated institutions, and regional offices; |
| 4. | Matters regarding projects; |
| 5. | Matters regarding assets and accounting; |
| 6. | Matters regarding executive officers and employees; |
| 7. | Matters regarding the board of directors; |
| 8. | Matters regarding the amendments to the articles of incorporation; |
| 9. | Matters regarding the enactment, amendment, and abolition of by-laws; |
| 10. | Matters regarding public announcements. |
| (2) | If KOHI intends to amend its articles of incorporation, it shall obtain authorization from the Minister of Health and Welfare. <Amended on Jul. 27, 2021> |
[This Article Wholly Amended on Oct. 22, 2012]
| (1) | KOHI shall implement the following projects: <Amended on Dec. 12, 2017; Jul. 27, 2021> |
| 1. | Conducting surveys and research, and formulating comprehensive plans, regarding education and training, etc. in the field of health and welfare; |
| 2. | Providing education and training to persons gaged in health and welfare-related affairs, public officials, social service personnel, etc.; |
| 3. | Developing, disseminating, and managing education and training programs and content in the field of health and welfare; |
| 4. | Training experts and instructors in education and training in the field of health and welfare; |
| 5. | Implementing quality control and support projects for education and training, etc. in the field of health and welfare; |
| 6. | Establishing and operating cooperative systems for education and training, etc. in the field of health and welfare, and implementing international cooperation projects; |
| 7. | Establishing and operating integrated information systems for education and training, etc. in the field of health and welfare; |
| 8. | Collecting and analyzing domestic and foreign information and data related to health and welfare, compiling statistics, and publishing publications; |
| 9. | Implementing capacity building projects related to qualifications in the field of health and welfare; |
| 10. | Providing information and conducting publicity projects regarding health and welfare policies; |
| 11. | Implementing entrusted and incidental projects related to the projects referred to in subparagraphs 1 through 10. |
| (2) | When implementing the projects referred to in paragraph (1), KOHI may, with the approval of the Minister of Health and Welfare, require beneficiaries to bear the actual expenses. <Amended on Jul. 27, 2021> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 7 (Executive officers) |
| (1) | KOHI shall have not more than 11 directors, including 1 President and 1 Standing Director, and 1 auditor as its executive officers. <Amended on Jul. 27, 2021> |
| (2) | The President and the Auditor shall be appointed by the board of directors as prescribed by the articles of incorporation, subject to approval by the Minister of Health and Welfare. |
| (3) | Executive officers, other than the President and the Standing Director, shall serve on a non-standing basis. <Amended on Jul. 27, 2021> |
| (4) | The qualifications, appointment, terms of office, duties of executive officers, and other necessary matters shall be prescribed by the articles of incorporation. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 8 (Board of directors) |
| (1) | A board of directors shall be established in KOHI to deliberate and resolve on the following matters: <Amended on Jul. 27, 2021> |
| 1. | Amendments to the articles of incorporation; |
| 2. | Appointment and dismissal of executive officers; |
| 3. | Enactment, amendment, and repeal of important regulations; |
| 4. | Business plans, budgets, and settlement of accounts; |
| 5. | Acquisition and disposal of major assets; |
| 6. | Other important matters regarding the operation of KOHI. |
| (2) | The board of directors shall consist of directors, including the President. |
| (3) | The President shall convene and preside over meetings of the board of directors. |
| (4) | The Auditor may attend meetings of the board of directors and state his or her opinions. |
| (5) | Matters necessary for the operation of the board of directors shall be prescribed by the articles of incorporation. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 9 (Appointment and dismissal of employees) |
Employees of KOHI shall be appointed or dismissed by the President, as prescribed by the articles of incorporation. <Amended on Jul. 27, 2021>
[This Article Wholly Amended on Oct. 22, 2012]
| Article 10 (Operating funds) |
KOHI shall be established and operated through contributions under Article 11, loans under Article 12, and other revenues. <Amended on Jul. 27, 2021>
[This Article Wholly Amended on Oct. 22, 2012]
| Article 11 (Contributions) |
| (1) | The Government shall provide contributions within the budget to cover expenses for the establishment and operation of KOHI. <Amended on Jul. 27, 2021> |
| (2) | Matters necessary for the provision, use, etc. of contributions under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 12 (Borrowing of funds) |
KOHI may borrow funds necessary for implementing the projects referred to in Article 6 with approval from the Minister of Health and Welfare. <Amended on Jul. 27, 2021>
[This Article Wholly Amended on Oct. 22, 2012]
| Article 13 (Gratuitous lease of State property) |
Notwithstanding the provisions of the State Property Act and the Commodity Management Act, the Government may, when necessary for the establishment and operation of KOHI, lend or transfer State property and commodities without compensation, or allow KOHI to use or profit from State property and commodities without compensation, as prescribed by Presidential Decree. <Amended on Jul. 27, 2021>
[This Article Wholly Amended on Oct. 22, 2012]
| Article 14 (Business year) |
KOHI’s business year shall coincide with the Government’s fiscal year. <Amended on Jul. 27, 2021>
| Article 15 (Approval of business plan and budget) |
| (1) | KOHI shall prepare a business plan and budget for each business year and obtain approval from the Minister of Health and Welfare, as prescribed by Presidential Decree. The same shall also apply to any modification thereof. <Amended on Jul. 27, 2021> |
| (2) | KOHI shall, as prescribed by Presidential Decree, prepare a statement of settlement of revenue and expenditure for each business year, have it audited by an auditor or a certified public accountant under subparagraph 7 of Article 2 and Article 9 of the Act on External Audit of Stock Companies, and submit it to the Minister of Health and Welfare by the end of February of the following year. <Amended on Oct. 31, 2017; Jul. 27, 2021> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 16 (Guidance and supervision of duties) |
| (1) | The Minister of Health and Welfare shall guide and supervise KOHI. <Amended on Jul. 27, 2021> |
| (2) | The Minister of Health and Welfare may require KOHI to report on matters regarding its affairs, accounting, and assets, or may have public officials under his or her jurisdiction inspect KOHI’s books, documents, or other items. <Amended on Jul. 27, 2021> |
| (3) | Public officials conducting inspections under paragraph (2) shall carry identification verifying their authority and present it to relevant persons. |
| (4) | If any illegality or impropriety is found as a result of a report or inspection under paragraph (2), the Minister of Health and Welfare may request KOHI to make corrections or order other necessary measures. <Amended on Jul. 27, 2021> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 17 (Request for secondment of employees) |
| (1) | If necessary to achieve its objectives and enhance expertise, KOHI may request the secondment of employees from a State agency, local government, research institute, or public organization via the Minister of Health and Welfare. <Amended on Jul. 27, 2021> |
| (2) | The head of a State agency, etc. requested to second employees under paragraph (1) may second employees under his or her jurisdiction to KOHI. <Amended on Jul. 27, 2021> |
[This Article Wholly Amended on Oct. 22, 2012]
| Article 18 (Confidentiality) |
No current or former executive officer or employee of KOHI shall divulge any confidential information acquired in the course of his or her duties. <Amended on Jul. 27, 2021>
[This Article Wholly Amended on Oct. 22, 2012]
| Article 19 (Prohibition of use of a similar name) |
No person other than KOHI under this Act shall use the name “Korea Human Resource Development Institute for Health and Welfare” or any other name similar thereto. <Amended on Jul. 27, 2021>
[This Article Wholly Amended on Oct. 22, 2012]
| Article 20 (Application mutatis mutandis of the Civil Act) |
Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to KOHI. <Amended on Jul. 27, 2021>
[This Article Wholly Amended on Oct. 22, 2012]
| Article 21 (Legal fiction as public officials for purposes of applying penalty provisions) |
The executive officers and employees of KOHI shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act. <Amended on Jul. 27, 2021>
[This Article Wholly Amended on Oct. 22, 2012]
| Article 22 (Penalty provisions) |
Any person who divulges confidential information in violation of Article 18 shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won. <Amended on Sep. 19, 2017>
[This Article Wholly Amended on Oct. 22, 2012]
| Article 23 (Administrative fines) |
| (1) | Any person who fails to submit a report under Article 16 (2) evades an inspection, or uses the name Korea Human Resource Development Institute for Health and Welfare or any other name similar thereto, in violation of Article 19, shall be subject to an administrative fine not exceeding 5 million won. <Amended on Jul. 27, 2021> |
| (2) | The Minister of Health and Welfare shall impose and collect administrative fines referred to in paragraph (1), as prescribed by Presidential Decree. |
[This Article Wholly Amended on Oct. 22, 2012]
ADDENDA <Act No. 8205, Jan. 3, 2007>
Article 1 (Enforcement date)
This Act shall enter into force 3 months after the date of its promulgation.
Article 2 (Preparation for establishment)
| (1) | The Minister of Health and Welfare shall commission up to 7 incorporators to be responsible for affairs related to the establishment and the appointment of directors and the auditor at the time of establishment within 30 days from the date of promulgation of this Act. |
| (2) | The incorporators shall prepare KOHI’s articles of incorporation, obtain authorization from the Minister of Health and Welfare, and without delay register its establishment under job signatures. |
| (3) | KOHI’s President at the time of its establishment shall be appointed by the Minister of Health and Welfare. |
| (4) | Upon completion of the registration of establishment of KOHI, the incorporators shall, without delay, transfer their duties to the President. |
| (5) | The incorporators shall be deemed dismissed upon completing the transfer of duties under paragraph (4). |
Article 3 (Establishment expenses)
Expenses incurred in the establishment of KOHI shall be borne by the State.
Article 4 (Transitional measures concerning the incorporated foundation Korea Human Resource Development Institute for Health and Welfare)
| (1) | The Korea Human Resource Development Institute for Health and Welfare, as an incorporated foundation as at the time this Act enters into force, may apply to the Minister of Health and Welfare for the succession of all its rights and obligations by KOHI to be established under this Act, following a resolution by its board of directors. |
| (2) | Notwithstanding the provisions of the Civil Act governing the dissolution and liquidation of juristic persons, the Korea Human Resource Development Institute for Health and Welfare, as an incorporated foundation that has obtained approval from the Minister of Health and Welfare upon application under paragraph (1), shall be deemed dissolved at the same time as the establishment of KOHI under this Act, and all rights and obligations belonging to the incorporated foundation shall be succeeded to by KOHI. |
| (3) | The value of assets to be succeeded by KOHI under paragraph (2) shall be the book value as of the day immediately preceding the date of registration of KOHI’s establishment. |
Article 5 (Transitional measures concerning employee status)
Employees of the Korea Human Resource Development for Health and Welfare, as an incorporated foundation, as at the time of KOHI’s establishment, shall be deemed to have been appointed as employees of KOHI on the date of registration of its establishment.
Article 6 (Transitional measures concerning education and training)
Any person who has completed, or is undergoing, education and training provided by the Korea Human Resource Development Institute for Health and Welfare, as an incorporated foundation as at the time this Act enters into force, shall be deemed to have completed or to be undergoing education and training at KOHI under this Act.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, ... <omitted> ... the amended provisions of the statutes which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, from among the statutes amended under Article 6 of the Addenda, shall enter into force on the enforcement dates of the respective statutes.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement date)
This Act shall enter into force 2 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11523, Oct. 22, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14897, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15022, Oct. 31, 2017>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDUM <Act No. 15189, Dec. 12, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 18336, Jul. 27, 2021>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Transitional measures following name change of the Korea Human Resource Development Institute for Health and Welfare)
| (1) | The Korea Human Resource Development Institute for Health and Welfare established under the previous provisions as at the time this Act enters into force shall be deemed to be the Korea Human Resource Development Institute for Health and Welfare established under this Act. |
| (2) | An act performed by or with respect to the Korea Human Resource Development Institute for Health and Welfare as at the time this Act enters into force shall be deemed to have been performed by or with respect to the Korea Human Resource Development Institute for Health and Welfare. |
| (3) | The name of the Korea Human Resource Development Institute for Health and Welfare entered in registers and other official records as at the time this Act enters into force shall be deemed to be the name of the Korea Human Resource Development Institute for Health and Welfare. |
| (4) | Executive officers and employees of the Korea Human Resource Development Institute for Health and Welfare as at the time this Act enters into force shall be deemed to have been nominated or appointed as the executive officers and employees of the Korea Human Resource Development Institute for Health and Welfare. In such cases, the term of office of executive officers shall be the remainder of their term under the previous provisions. |
Article 3 Omitted.
Article 4 (Relationship to other statutes or regulations)
If any other statute or regulation cites the previous Act on the Korea Human Resource Development Institute for Health and Welfare or any provision thereof, as at the time this Act enters into force, if this Act includes corresponding provisions, the corresponding provisions of this Act shall be deemed cited in lieu of such previous provisions.