CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the promotion of public health by improving the quality of medical care and ensuring patient safety through prescribing matters necessary for nursing, so that all citizens can receive high-quality nursing services in various fields where nurses, etc. work, such as health and medical institutions, schools, workplaces, home care, and various social welfare facilities.
The terms used in this Act are defined as follows:
| 1. | The term “nurse” means a person licensed under Article 4; |
| 2. | The term “advanced practice nurse” means a person who has obtained recognition of their qualification as such under Article 5; |
| 3. | The term “assistant nurse” means a person who has obtained recognition of their qualification as such under Article 6; |
| 4. | The term “nurse, etc.” means nurses, advanced practice nurses, and assistant nurses; |
| 6. | The term “health and medical institution” means a health and medical institution under in Article 3 (4) of the Framework Act on Health and Medical Care. |
| Article 3 (Relationship to other statutes) |
Matters regarding nurses, etc. that are not prescribed by this Act shall be governed by the Framework Act on Health and Medical Care, the Medical Service Act, and other statutes related to health and medical care.
CHAPTER II LICENSES AND QUALIFICATIONS
| Article 4 (Nursing license) |
| (1) | A person who intends to become a nurse shall fall under any of the following subparagraphs, pass the national examination for nurses under Article 8, and obtain a license from the Minister of Health and Welfare: |
| 1. | A person who has graduated from a university or junior college offering a nursing major [including former specialized training colleges and nursing schools], which has been accredited by an authorized accreditation body under Article 11-2 of the Higher Education Act (hereafter in this subparagraph referred to as the “accreditation body”); |
| 2. | A person who has graduated from a school in a foreign country equivalent to those referred to in subparagraph 1 (referring to a school that meets the accreditation standards determined and publicly notified by the Minister of Health and Welfare) and has obtained a nursing license in that foreign country; |
| (2) | Notwithstanding paragraph (1), a person who was admitted to a university or junior college offering a nursing major that had been accredited by an accreditation body at the time of admission, and who has graduated from such university or junior college and obtained the relevant degree, shall be deemed to fall under subparagraph 1 of that paragraph. |
| (3) | A person who is expected to graduate and obtain the relevant degree within 6 months from a university or junior college offering a nursing major that has been accredited by the accreditation body shall be deemed to have the qualifications under paragraph (1) 1; provided, they may be granted a license only if they actually graduate and obtain the degree at the expected time of graduation. |
| Article 5 (Recognition of qualification as advanced practice nurses) |
| (1) | The Minister of Health and Welfare may recognize the qualification of a nurse as an advanced practice nurse in addition to granting the nursing license under Article 4. |
| (2) | A person who intends to become an advanced practice nurse shall fall under any of the following subparagraphs, pass the qualification examination for advanced practice nurses administered by the Minister of Health and Welfare, and receive recognition of qualification from the Minister of Health and Welfare: |
| 1. | A person who has completed an advanced practice nurse education course prescribed by Decree of the Ministry of Health and Welfare; |
| 2. | A person who holds a foreign qualification as an advanced practice nurse in the relevant field that is recognized by the Minister of Health and Welfare. |
| (3) | The classification of qualifications, qualification criteria, qualification examinations, qualification certificates, and other matters necessary for advanced practice nurses shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 6 (Recognition of qualification as assistant nurses) |
| (1) | A person who intends to become an assistant nurse shall fall under any of the following subparagraphs, complete an education course prescribed by Decree of the Ministry of Health and Welfare, pass the national examination for assistant nurses under Article 8, and obtain recognition of their qualification from the Minister of Health and Welfare: |
| 1. | A person who has graduated from a department related to nursing at a specialized high school under the statutes and regulations governing elementary and secondary education (including a person who is expected to graduate within 6 months from the date of application for the national examination for assistant nurses); |
| 2. | A person who has graduated from a high school under Article 2 of the Elementary and Secondary Education Act (including a person who is expected to graduate within 6 months from the date of application for the national examination for assistant nurses) or is recognized, under the statutes and regulations governing elementary and secondary education, as having academic background equivalent to or higher than high school graduation (hereafter in this Article referred to as a “person recognized as having academic background equivalent to or higher than high school graduation”), and who has completed education at a national or public assistant nurse training institute prescribed by Decree of the Ministry of Health and Welfare; |
| 3. | A person recognized as having academic background equivalent to or higher than high school graduation, who has graduated from a nursing-related department of a lifelong education facility under the statutes and regulations governing lifelong education that offers an education course equivalent to the high school curriculum (including a person who is expected to graduate within 6 months from the date of application for the national examination for assistant nurses); |
| 5. | A person recognized as having academic background equivalent to or higher than high school graduation, who has completed an assistant nurse education course in a foreign country (referring to an education course that meets the accreditation standards determined and publicly notified by the Minister of Health and Welfare) and has obtained a qualification as an assistant nurse in that country; |
| 6. | A person who falls under Article 4 (1) 1 or 2. |
| (2) | The education and training institutes for assistant nurses specified in paragraph (1) 1 through 4 shall undergo designation and evaluation by the Minister of Health and Welfare. In such cases, the Minister of Health and Welfare may entrust a relevant specialized institution with the evaluation for designation of the education and training institutes for assistant nurses in accordance with the procedures and methods prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare may revoke the designation of an education and training institute for assistant nurses under paragraph (2) if it falls under any ground prescribed by Presidential Decree, such as obtaining the designation by fraud or other improper means. |
| (4) | Matters necessary for the recognition of qualification as assistant nurses under paragraph (1) and the designation and evaluation of education and training institutes for assistant nurses under paragraph (2) shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 7 (Grounds for disqualification) |
None of the following persons shall be eligible to become a nurse, etc.:
| 2. | An addict to narcotics, marijuana, or any psychotropic substance; |
| 3. | A person under adult guardianship or person under limited guardianship; |
| 4. | A person for whom 5 years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed or exempted; |
| 5. | A person who has been sentenced to a suspended sentence of imprisonment without labor or a heavier punishment and for whom 2 years have not passed since the expiration of the suspension period; |
| 6. | A person who is under suspension of the sentence of his or her imprisonment without labor or heavier punishment declared by a court; |
| Article 8 (National examination) |
| (1) | The national examinations for nurses and assistant nurses (hereinafter referred to as the “national examinations”) shall be administered each year by the Minister of Health and Welfare. |
| (3) | Where the Minister of Health and Welfare entrusts the management of the national examinations under paragraph (2), they may provide the budget necessary for such management. |
| (4) | Matters necessary for national examinations shall be prescribed by Presidential Decree. |
| Article 9 (Restrictions on eligibility for examination) |
| (1) | A person who falls under any of the subparagraphs of Article 7 shall not be eligible to take the national examinations. |
| (2) | A person who takes the national examinations by improper means or engages in misconduct in connection with the national examinations shall be disqualified from the examination or have their passing of the examination invalidated. |
| (3) | Where a person is disqualified from an examination or has their passing of the examination invalidated under paragraph (2), the Minister of Health and Welfare may, in consideration of the grounds for such disposition and the degree of the violation, restrict the person from taking up to 3 subsequent national examinations, as prescribed by Presidential Decree. |
| Article 10 (Registration and conditions of licenses or qualifications) |
| (1) | When granting a license or recognizing qualification under Articles 4 through 6, the Minister of Health and Welfare shall enter the relevant particulars of the license or qualification in the register and issue the license certificate or qualification certificate. |
| (2) | Where the Minister of Health and Welfare deems it necessary for health and medical care policy measures, they may, when granting a license under Article 4, attach a condition to the license requiring the licensee to work in a specific region or perform specific duties for a period not exceeding 3 years. |
| (3) | The register under paragraph (1) shall be prepared and maintained separately for nurses, advanced practice nurses, and assistant nurses. |
| (4) | Other matters necessary for the registration of licenses or qualifications and the issuance of license certificates or qualification certificates shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 11 (Prohibition of loan of license) |
| (1) | No nurse, etc. shall loan the license or qualification they have obtained under Articles 4 through 6 to another person. |
| (2) | No person shall receive on loan any license or qualification obtained under Articles 4 through 6, nor shall they broker the loan of such license or qualification. |
CHAPTER III DUTIES OF NURSES, ETC.
| Article 12 (Duties of nurses) |
| (1) | The duties of a nurse shall include the following: |
| 1. | Observation of patients’ nursing needs, collection of data, making judgment in nursing, and provision of nursing care for recuperation; |
| 2. | Assistance in medical treatment provided under the supervision of a medical doctor, dentist, or doctor of Korean medicine under the Medical Service Act; |
| 3. | Planning and implementation of education, counseling, and activities for health promotion for persons in need of nursing care, and other health care services prescribed by Presidential Decree; |
| 4. | Supervision of assistant nurses in performing the duties referred to in subparagraphs 1 through 3. |
| (2) | Notwithstanding paragraph (1), a nurse may perform medical support services at an institution prescribed by Decree of the Ministry of Health and Welfare from among hospital-level medical institutions referred to in Article 3 (2) 3 of the Medical Service Act (hereinafter referred to as “hospital-level medical institutions”), based on general supervision and delegation by a physician after the physician has made a professional judgment regarding the diagnosis or treatment of a patient. |
| (3) | In principle, the duties under paragraph (1) 2 and paragraph (2) shall not include the duties of medical technologists, etc. under Articles 2 and 3 of the Act on Medical Technologists; the specific scope and limits thereof shall be prescribed by Presidential Decree. |
| Article 13 (Duties of advanced practice nurses) |
| (1) | An advanced practice nurse shall perform their duties in the specialized field for which they have obtained recognition of qualification under Article 5 (2). |
| (2) | The scope of duties of advanced practice nurses shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 14 (Performance of medical support services) |
| (1) | A nurse who intends to perform medical support services under Article 12 (2) shall meet any of the following requirements: |
| 1. | They shall hold a qualification as an advanced practice nurse; |
| 2. | They shall possess the qualification obtained through clinical experience and completion of an education course, as prescribed by Decree of the Ministry of Health and Welfare. |
| (2) | Matters regarding the specific standards and details of medical support services, the designation and evaluation of education course operating institutions, and the standards, procedures, and requirements to be met by hospital-level medical institutions shall be prescribed by Decree of the Ministry of Health and Welfare. |
[Enforcement Date]
| Article 15 (Duties of assistant nurses) |
| (2) | Notwithstanding paragraph (1), an assistant nurse may, only at clinic-level medical institutions under Article 3 (2) 1 of the Medical Service Act, provide nursing care for recuperation and assistance in medical treatment under the supervision of a medical doctor, dentist, or doctor of Korean medicine under that Act. |
| (3) | Matters necessary for the scope and limits of specific duties under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 16 (Continuing education) |
| (1) | A nurse shall complete continuing education under Article 18 (9). |
| (2) | An assistant nurse shall complete continuing education, as prescribed by Decree of the Ministry of Health and Welfare. |
| Article 17 (Reporting on status and employment situation) |
| (1) | A nurse shall, every 3 years from the date of obtaining their license for the first time, report to the Minister of Health and Welfare on their status and employment situation, as prescribed by Presidential Decree. |
| (2) | The Minister of Health and Welfare may reject the report under paragraph (1) in the case of a nurse who has failed to complete the continuing education under Article 16 (1). |
| (3) | The Minister of Health and Welfare may entrust the duties of receiving reports under paragraph (1) to the Central Nurses Association under Article 18 (1), as prescribed by Presidential Decree. |
| (4) | An assistant nurse shall, every 3 years from the date of obtaining their initial recognition of qualification, report to the Minister of Health and Welfare on their status and employment situation, as prescribed by Decree of the Ministry of Health and Welfare. |
Chapter 4. Nurses and Assistant Nurses Organizations
| Article 18 (Central Nurses Association and its branches) |
| (1) | Nurses shall establish a nurses association with a nationwide organization (hereinafter referred to as the “Central Nurses Association”), as prescribed by Presidential Decree. |
| (2) | The Central Nurses Association shall be a corporation. |
| (3) | If the Central Nurses Association is established under paragraph (1), each nurse shall automatically become a member of the Central Nurses Association and shall comply with its articles of incorporation. |
| (4) | The Central Nurses Association shall establish branches in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Do (hereinafter referred to as “City/ Do”), and may establish sub-branches in a Si/ Gun/Gu (referring to an autonomous Gu), as prescribed by Presidential Decree; provided, it shall obtain approval from the Minister of Health and Welfare to establish any other branches. |
| (5) | When the Central Nurses Association establishes a branch or sub-branch, the head of such branch or sub-branch shall, without delay, report it to the Special Metropolitan Mayor, Metropolitan Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Do Governor (hereinafter referred to as “Mayor/Do Governor”), or to the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). |
| (6) | The Central Nurses Association shall establish an ethics committee to deliberate and resolve on matters related to the request for suspension of qualifications under Article 21. |
| (7) | Matters regarding the composition and operation of the ethics committee under Article 6 shall be prescribed by Presidential Decree. |
| (8) | With respect to matters regarding the Central Nurses Association that are not provided in this Act, the provisions of the Civil Act applicable to incorporated associations shall apply mutatis mutandis. |
| (9) | The Central Nurses Association shall provide continuing education necessary to improve the qualifications of its members, as prescribed by Decree of the Ministry of Health and Welfare. |
| Article 19 (Establishment permit) |
| (1) | To establish the Central Nurses Association, the representative shall submit the articles of incorporation and other necessary documents to the Minister of Health and Welfare and obtain approval for its establishment, as prescribed by Presidential Decree. |
| (2) | Matters to be included in the articles of incorporation of the Central Nurses Association shall be prescribed by Presidential Decree. |
| (3) | To amend its articles of incorporation, the Central Nurses Association shall obtain approval from the Minister of Health and Welfare. |
| Article 20 (Assistant Nurses Association) |
| (1) | Assistant nurses may establish an Assistant Nurses Association with a nationwide organization (hereinafter referred to as the "Assistant Nurses Association"), as prescribed by Presidential Decree. |
| (2) | The Assistant Nurses Association shall be a corporation. |
| (3) | Matters necessary for applying for the establishment permit of the Assistant Nurses Association shall be prescribed by Decree of the Ministry of Health and Welfare. |
| (4) | The Assistant Nurses Association shall establish an ethics committee to deliberate and resolve on matters related to the request for suspension of qualifications under Article 21. |
| (5) | Matters regarding the composition and operation of the ethics committee under paragraph (4) shall be prescribed by Presidential Decree. |
| (6) | With regard to matters regarding the Assistant Nurses Association that are not provided in this Act, the provisions of the Civil Act applicable to incorporated associations shall apply. |
| (7) | Matters to be included in the articles of association of the Assistant Nurses Association shall be prescribed by Decree of the Ministry of Health and Welfare. |
| (8) | To amend its articles of incorporation, the Assistant Nurses Association shall obtain approval from the Minister of Health and Welfare. |
| Article 21 (Request for disposition of suspension of qualification) |
If a nurse or an assistant nurse falls under Article 66 (1) 1 of the Medical Service Act, the head of the Central Nurses Association or the Assistant Nurses Association may request the Minister of Health and Welfare to take a disposition of suspension of qualification under Article 66 (1) of that Act, after deliberation and resolution by the ethics committee under Article 18 (6) or 20 (4), respectively.
| Article 22 (Duty to cooperate) |
The Central Nurses Association and the Assistant Nurses Association shall cooperate when requested by the Minister of Health and Welfare to assist in matters related to medical care and the improvement of public health.
Where the Central Nurses Association or its branch, or the Assistant Nurses Association engages in any activity other than those prescribed in its articles of incorporation, commits any act that hinders the improvement of public health, or fails to cooperate upon request under Article 22, the Minister of Health and Welfare may order it to amend its articles of incorporation or elect new executive officers.
CHAPTER V RIGHTS AND IMPROVEMENT OF TREATMENT OF NURSES, ETC.
| Article 24 (Responsibilities of the State and local governments) |
| (1) | The State and local governments shall formulate necessary policies and provide support accordingly to promote the retention of nurses, etc. and secure skilled personnel by improving their working environment and treatment. |
| (2) | The State and local governments may take budgetary measures, such as securing the financial resources necessary for the efficient formulation and implementation of the policies under paragraph (1). |
| (3) | The State and local governments may provide necessary financial support to medical institutions and relevant organizations to secure skilled nurses, within the budget. |
| (4) | The State and local governments may provide necessary support to medical institutions, etc. so that hospital-level medical institutions located in Cities/Dos other than Seoul Special Metropolitan City, Incheon Metropolitan City, and Gyeonggi-do, which are designated by Decree of the Ministry of Health and Welfare, can secure an adequate number of nurses. |
| (5) | The head of an agency or facility that employs nurses, etc. shall provide support necessary to improve the working environment and treatment of the nurses, etc. |
| Article 25 (Rights of nurses, etc.) |
| (1) | A nurse, etc. shall be entitled to provide optimal nursing services based on their expertise, experience, and conscience, and shall have the right to demand appropriate working hours, support for work-family balance, and improvements in working environment and treatment to ensure such provision. |
| (2) | A nurse, etc. may refuse to comply with an instruction to perform unlicensed medical practice in violation of Article 27 (5) of the Medical Service Act, and neither the head of a health and medical institution nor any person who gave such instruction or was involved therein shall take any disciplinary action or other disadvantageous measures against the person who refused such instruction. |
| Article 26 (Responsibilities of nurses, etc.) |
A nurse, etc., as an important provider of health and medical care, shall endeavor to voluntarily develop and enhance their capabilities.
| Article 27 (Prohibition of human rights violations against nurses, etc.) |
| (1) | No person shall inflict physical or mental suffering beyond a reasonable scope of duty on a nurse, etc., or engage in any act that worsens their working environment (hereafter in this Article referred to as "human rights violation"). |
| (2) | The head of an agency or facility shall make every effort to prevent any human rights violations against nurses, etc. in nursing settings. |
| (3) | The Minister of Health and Welfare shall faithfully conduct prevention and education activities to ensure that no human rights violations against nurses, etc. occur in nursing settings. |
| (4) | Matters necessary for prevention, education, and other related activities under paragraph (3) shall be prescribed by Decree of the Ministry of Health and Welfare. |
| (5) | Any person who becomes aware of a human rights violation against a nurse, etc. may report the relevant fact to the head of the relevant health and medical institution, and the head of such institution in receipt of the report shall take measures under Article 76-3 of the Labor Standards Act. |
| Article 28 (Support for work-family balance of nurses, etc.) |
| Article 29 (Nurse-to-patient ratio) |
The State may formulate necessary policies and provide support accordingly to reduce the number of patients per nurse working at hospital-level medical institutions prescribed by Decree of the Ministry of Health and Welfare.
| (1) | The State may provide support necessary to ensure that nurses working at medical institutions prescribed by Decree of the Ministry of Health and Welfare among hospital-level medical institutions can work in shifts that are regular and predictable. |
| (2) | The head of a medical institution under paragraph (1) may have substitute personnel available to replace a nurse who is unable to work due to an unexpected circumstance such as a disease or an accident. |
| (3) | The State may fully or partially subsidize expenses incurred in assigning substitute personnel under paragraph (2). |
| Article 31 (Establishment and operation of the Nursing Workforce Support Center) |
| (1) | The Minister of Health and Welfare may establish and operate a Nursing Workforce Support Center in the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Province to perform the following duties, in order to support the retention, prevention of turnover, and improvement of expertise and qualifications of nurses and assistant nurses working at various nursing settings in the community, such as health and medical institutions: |
| 1. | Survey on the working conditions, welfare benefits, and other status of nursing workforce by region and by institution; |
| 2. | Providing employment education to students expected to graduate from universities or junior colleges majoring in nursing under Article 4 (1) 1, including former specialized training colleges and nursing schools, and supporting the expansion of employment and retention of newly recruited nursing workforce; |
| 3. | Supporting capacity building of nursing workforce; |
| 4. | Supporting the prevention of career interruption and reemployment of nursing workforce; |
| 5. | Supporting enhancement of public awareness and promotion regarding nursing workforce; |
| 6. | Supporting nursing workforce in resolving work-related difficulties and providing counseling; |
| 7. | Providing education to nurse educators under Article 32; |
| 8. | Other matters determined by the Minister of Health and Welfare to support nursing workforce. |
| (2) | The Minister of Health and Welfare may entrust relevant specialized institutions or organizations with the duties regarding the operation of the Nursing Workforce Support Center, in accordance with the procedures and methods prescribed by Presidential Decree, in order to operate the center efficiently. |
| (3) | If the State or a local government has entrusted the duties regarding the operation of the Nursing Workforce Support Center under paragraph (2), it may provide support for the expenses incurred in operating the center. |
| (4) | Matters necessary for the operation of the Nursing Workforce Support Center and other relevant affairs shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 32 (Nurse educators) |
| (1) | A hospital-level medical institution shall have nurse educators who have completed training for nurse educators and otherwise meet the qualifications prescribed by Decree of the Ministry of Health and Welfare, in order to transfer the knowledge, skills, and competencies necessary for performing duties and to support adaptation of newly hired or assigned nurses and nursing students (hereafter in this Article referred to as “new nurses, etc.”). |
| (2) | A nurse educator under paragraph (1) shall perform the following duties: |
| 1. | Planning, operation, and evaluation of education courses for new nurses, etc.; |
| 2. | General supervision and control and management of training for new nurses, etc.; |
| 3. | Management and supervision of personnel in charge of training new nurses, etc.; |
| 4. | Securing and developing resources necessary for training new nurses, etc. |
| (3) | The State may provide subsidies to cover all or part of expenses incurred in the operation of nurse educators under paragraph (1). |
| (4) | The types and number of medical institutions to which nurse educators under paragraph (1) shall be assigned, and the standards therefor, shall be prescribed by Decree of the Ministry of Health and Welfare, in consideration of the types and sizes of medical institutions and the number of new nurses, etc. |
| Article 33 (Support for education) |
The head of a medical institution may assign substitute personnel to work in place of nurses undergoing education or training.
CHAPTER VI FORMULATION OF COMPREHENSIVE NURSING PLAN
| Article 34 (Establishment of comprehensive nursing plan) |
| (1) | The Minister of Health and Welfare shall formulate a comprehensive nursing plan (hereinafter referred to as the “comprehensive plan”) every 5 years to foster nurses, etc. and to support health and medical institutions, etc. in securing nurses, etc., and to improve the treatment of nurses, etc. In such cases, the comprehensive plan shall be formulated in conjunction with the health and medical care development plan under Article 15 of the Framework Act on Health and Medical Care, the community health and medical care plan under Article 7 of the Community Health Care Act, the comprehensive health and medical master plan under Article 5 of the Health and Medical Personnel Support Act, and the medical personnel supply and demand plan under Article 60-2 of the Medical Service Act. |
| (2) | When establishing a comprehensive plan, the Minister of Health and Welfare shall have a prior consultation with the heads of relevant central administrative agencies. |
| (3) | The comprehensive plan shall be finalized through deliberation by the Nursing Policy Deliberation Committee under Article 38. In such cases, the Minister of Health and Welfare shall notify the heads of relevant central administrative agencies and the Mayors/Do Governors of the finalized comprehensive plan. |
| Article 35 (Establishment and implementation of annual implementation plan) |
| (1) | The Minister of Health and Welfare, the heads of relevant central administrative agencies, and the Mayors/Do Governors shall, each year, formulate and implement a nursing policy implementation plan (hereinafter referred to as the “implementation plan”) in accordance with the comprehensive plan. |
| (2) | The heads of relevant central administrative agencies and the Mayors/Do Governors shall, each year, submit to the Minister of Health and Welfare the implementation plan for the following year and the performance outcomes of the implementation plan for the preceding year, and the Minister of Health and Welfare shall evaluate the performance outcomes of the implementation plan each year. |
| (3) | Matters necessary for the formulation and implementation of the implementation plan and the evaluation of its performance outcomes shall be prescribed by Presidential Decree. |
| Article 36 (Cooperation in planning) |
| (1) | The Minister of Health and Welfare, the heads of relevant central administrative agencies, and the Mayors/Do Governors may, if necessary for the formulation or implementation of the comprehensive plan or the implementation plan, request cooperation from the heads of relevant agencies or organizations. |
| (2) | A person who receives a request under paragraph (1) shall comply therewith unless there is good cause. |
| Article 37 (Fact-finding surveys) |
| (1) | The Minister of Health and Welfare shall conduct a fact-finding survey on nurses, etc. (hereafter in this Article referred to as the “fact-finding survey”) every 5 years, which shall include the matters specified in the following subparagraphs, publish the results thereof, and reflect them in the comprehensive plan and the implementation plan: |
| 1. | Changes in the supply and demand of nurses, etc.; |
| 2. | The current status of nurses, etc. and the status of nursing practices by health and medical institution, occupational category, and region; |
| 3. | The working conditions and working environment of nurses, etc., including their working hours, work patterns, turnover rate, and job satisfaction; |
| 4. | The wage levels and payment status of nurses, etc.; |
| 5. | The education, training, and personnel management of nurses, etc.; |
| 6. | The status of human rights violations against nurses, etc. and their work?life balance; |
| 7. | Other matters necessary for fostering nurses, etc. and improving their treatment. |
| (2) | The Minister of Health and Welfare may, for the purpose of conducting the fact-finding survey, request the heads of relevant agencies, corporations, organizations, or facilities to submit necessary data or state their opinions, and a person who receives such request shall cooperate therewith unless there is good cause. |
| (3) | Matters necessary for the details and methods of the fact-finding survey shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 38 (Nursing Policy Deliberation Committee) |
| (1) | The Nursing Policy Deliberation Committee (hereafter in this Article referred to as the “Committee”) shall be established under the jurisdiction of the Minister of Health and Welfare to deliberate on the matters specified in the following subparagraphs concerning the fostering of nurses, etc. and improvement of their treatment: |
| 1. | Formulation of the comprehensive plan and the implementation plan; |
| 2. | Supply, training, and appropriate assignment of nurses, etc.; |
| 3. | Policy measures for improving the working environment and treatment of nurses, etc.; |
| 4. | Policy measures for encouraging the retention of nurses, etc. and securing skilled personnel; |
| 5. | Protection of the right to health, appropriate compensation, and support for nurses, etc. working night or shift duty in medical institutions, etc.; |
| 6. | Support for educational conditions at universities and medical institutions to foster excellent nurses; |
| 7. | Fostering, securing, and supporting nurses needed for community medical care and essential medical care; |
| 8. | Appropriate supply and demand of nurses, etc. in consideration of regional demand; |
| 9. | Other matters referred to the Committee by the chairperson for deliberation. |
| (2) | The Vice Minister of Health and Welfare shall serve as the chairperson of the Committee, which shall be composed of around 15 members, including the chairperson. |
| (3) | Matters concerning the composition and operation of the Committee shall be prescribed by Decree of the Ministry of Health and Welfare. |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 39 (Revocation and reissuance of license or qualification) |
| (1) | The Minister of Health and Welfare may revoke the license or qualification of a nurse, etc. if they fall under any of the following subparagraphs; provided, in the cases falling under subparagraphs 1 or 8, the license or qualification shall be revoked: |
| 1. | Where the person falls under any of the subparagraphs of Article 7; provided, this shall not apply where the person falls under subparagraphs 4 through 6 of Article 7 by committing a crime under Article 268 of the Criminal Act in the course of performing medical care; |
| 2. | Where the person engages in medical practice during a period of suspension of qualification under Article 66 of the Medical Service Act or has been subject to such suspension 3 times or more; |
| 4. | Where the person fails to fulfill the conditions attached to the license under Article 10 (2); |
| 5. | Where the person lends their license in violation of Article 11 (1); |
| 7. | Where the person has a non-medical personnel perform, or has a medical personnel perform beyond the scope of their license, any surgery, blood transfusion, or general anesthesia that may seriously endanger human life or body, in violation of Article 27 (5) of the Medical Service Act; |
| 8. | Where the person obtains the requirements for the issuance of a license under Article 4 or qualification under Article 6, or passes the national examination, by fraud or other improper means. |
| (2) | The Minister of Health and Welfare may reissue a license or qualification to a person whose license or qualification has been revoked under paragraph (1), if the cause for such revocation no longer exists or if the person is deemed to have shown clear signs of repentance and has completed an educational program prescribed by Presidential Decree; provided, a license revoked under paragraph (1) 4 shall not be reissued within 1 year from the date of revocation; a license or qualification revoked under paragraph (1) 2 or 3 shall not be reissued within 2 years from the date of revocation; a license or qualification revoked under paragraph (1) 5 through 7 or subparagraphs 4 through 6 of Article 7 shall not be reissued within 3 years from the date of revocation; where a person whose license or qualification was revoked under subparagraph 4 of Article 7 is again subject to revocation on the same grounds, such license or qualification shall not be reissued within 10 years from the date of the second revocation; and a license or qualification revoked under paragraph (1) 8 shall not be reissued. |
| (3) | Detailed criteria for revocation of a license or qualification under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 40 (Suspension of effect of license or qualification) |
If a nurse, etc. fails to file a report under Article 17 (1) or (4), the Minister of Health and Welfare may suspend the effect of their license or qualification until the report is filed.
If the Minister of Health and Welfare intends to revoke a license or qualification under Article 39 (1), they shall hold a hearing.
| Article 42 (Corrective order) |
| (1) | If a medical institution violates Article 32 (1) or (4), the Minister of Health and Welfare or the head of a Si/Gun/Gu may order the institution to rectify the violation within a specified period; in such cases, the corrective order shall be deemed equivalent to the corrective order under Article 63 (1) of the Medical Service Act. |
| (2) | Detailed criteria for correction orders under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare. |
| Article 43 (Subsidization of expenses) |
If deemed necessary to promote public health, the Minister of Health and Welfare or the Mayor/Do Governor may subsidize all or part of the expenses incurred by the Central Nurses Association, the Assistant Nurses Association, or other relevant organizations for facilities, operating costs, or surveys and research related to nurses, etc.
| (1) | A person who intends to obtain a license or qualification recognition for nurses, etc. under this Act, or to have a license or certificate reissued, or to take the national examination shall pay a fee, as prescribed by Decree of the Ministry of Health and Welfare. |
| (2) | The Korea Health Personnel Licensing Examination Institute, which has been entrusted with the management of the national examination under Article 8 (2), may, with the approval of the Minister of Health and Welfare, directly use the national examination fees paid under paragraph (1) to cover the costs incurred in managing the examination. |
| Article 45 (Delegation or entrustment of authority) |
| (1) | Part of the authority of the Minister of Health and Welfare or the Mayor/Do Governor under this Act may be delegated to the Commissioner of the Korea Disease Control and Prevention Agency, the Mayor/Do Governor, the head of a Si/Gun/Gu, or the director of a public health center, as prescribed by Presidential Decree. |
| (2) | The Minister of Health and Welfare may entrust part of their duties under this Act to a relevant specialized institution, as prescribed by Presidential Decree. |
CHAPTER VIII PENALTY PROVISIONS
| Article 46 (Penalty provisions) |
| (1) | Any of the following persons shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won: |
| 1. | A person who lends their license or qualification, in violation of Article 11 (1); |
| 2. | A person who borrows a license or qualification, or arranges the lending thereof, in violation of Article 11 (2). |
| (2) | A person who violates a corrective order under Article 42 (1) shall be punished by a fine not exceeding 5 million won. |
| Article 47 (Joint penalty provisions) |
Where the representative of a corporation, or an agent or employee of, or other persons employed by the corporation or an individual commits any violations described in Article 46 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed in the relevant provisions; provided, this shall not apply where such corporation or individual has not been negligent in paying due attention and supervision with respect to the relevant business affairs to prevent such violations.
ADDENDA <Act No. 20445, Sep. 20, 2024>
Article 1 (Enforcement date)
This Act shall enter into force 9 months after its promulgation; provided, the designation and evaluation of education course operating institutions under Article 14 (2) shall be implemented within 3 years from the date 9 months have elapsed since its promulgation, starting from the date prescribed by Decree of the Ministry of Health and Welfare within such period, and Article 9 (8) of the Addenda shall enter into force on March 27, 2026. Article 2 (Transitional measures concerning licenses of nurses, etc.)
A person who, at the time of the enforcement of this Act, held a nursing license under the former Medical Service Act or had obtained recognition of qualification as an advanced practice nurse or assistant nurse shall be deemed to have obtained such license or recognition of qualification under this Act. Article 3 (Transitional measures concerning eligibility to take national examination for nurses, etc.)
Any person who was deemed eligible to take the national examination for nurses or assistant nurses under the former Medical Service Act at the time this Act enters into force shall be deemed eligible to take the corresponding examination under this Act. Article 4 (Transitional measures concerning establishment of the Central Nurses Association)
The nurses association established under Article 28 (1) of the former Medical Service Act as at the time this Act enters into force shall be deemed the Central Nurses Association under Article 18 of this Act. Article 5 (Transitional measures concerning the Korea Licensed Practical Nurses Association)
| (1) | From the date of promulgation of this Act until the date it enters into force, the Korea Licensed Practical Nurses Association (hereinafter referred to as the "former corporation") may, by a resolution of its board of directors, apply to the Minister of Health and Welfare for approval to have all of its property, rights, and obligations succeeded by the Assistant Nurses Association under this Act. |
| (2) | Where the former corporation has obtained the approval of the Minister of Health and Welfare under paragraph (1), it shall be deemed dissolved upon the establishment of the Assistant Nurses Association under this Act, notwithstanding the provisions of the Civil Act applicable to dissolution and liquidation of corporations, and all property, rights, and obligations belonging to the former corporation shall be comprehensively succeeded by the Assistant Nurses Association. |
| (3) | The executive officers and employees of the former corporation become executive officers and employees of the Assistant Nurses Association. |
| (4) | The value of the property to be succeeded by the Assistant Nurses Association under paragraph (2) shall be the book value as of the day before the date of registration of the incorporation of the Assistant Nurses Association. |
| (5) | A Si/Do branch of the former corporation established in a Si or Do as at the time this Act enters into force shall be deemed a Si/Do branch of the Assistant Nurses Association. |
Article 6 (Transitional measures concerning the Nursing Workforce Support Center)
The Employment Training Centers for Nursing Work Force established and operated under Article 60-3 of the former Medical Service Act shall be deemed a Nursing Workforce Support Center under Article 31 of this Act. Article 7 (Transitional measures concerning dispositions)
Any act performed by or toward an administrative agency at the time this Act comes into force shall be regarded as an act performed by or toward an administrative agency under this Act, if there is a corresponding provision in this Act.
Article 8 (Transitional measures concerning formulation of comprehensive plan)
If there is a comprehensive plan related to nursing policy formulated prior to the enforcement of this Act, it shall be regarded as a comprehensive nursing plan under Article 34. Article 10 (Relationship to other statutes or regulations)
Where any other statute or regulation refers to the former Medical Service Act or any provision thereof as at the time this Act enters into force, such reference shall be deemed a reference to this Act or the relevant provision of this Act, if a corresponding provision exists herein.