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| Article 21 (Inspection of Records, etc.) |
| (1) | A patient may request medical personnel, the head of a medical institution, or a person working for a medical institution to allow access to the details of records on himself/herself, such as the inspection thereof or providing a transcript thereof. In such cases, no medical personnel, no head of the medical institution, or no person working for a medical institution shall refuse such request, except in extenuating circumstances. <Added by Act No. 14438, Dec. 20, 2016> |
| (2) | Neither medical personnel nor the head of a medical institution nor any person working for a medical institution may release the details of a patient's record or allow the inspection thereof, such as providing a transcript thereof, to a third party, other than the relevant patient. <Amended by Act No. 9386, Jan. 30, 2009; Act No. 14438, Dec. 20, 2016> |
| (3) | Notwithstanding paragraph (2), each medical personnel, the head of a medical institution, or any person working for a medical institution shall release the details of a patient's record or make them accessible, such as providing a copy thereof, in any of the following cases: |
| 1. | Where a spouse, lineal ascendant or descendant, or brother or sister (limited to cases where none of the spouse, ascendants or descendants of a patient, or lineal ascendants of his/her spouse exist) of a patient or a lineal ascendant of the spouse makes a request meeting the requirements prescribed by Ministerial Decree of Health and Welfare, such as presenting the consent of the patient in question, a certificate proving kinship and any other documents; |
| 2. | Where the agent designated by a patient makes a request meeting the requirements prescribed by Ministerial Decree of Health and Welfare, such as presenting the consent of the patient in question and a certificate proving that the agent has the representative power; |
| 3. | Where a spouse, lineal ascendant or descendant, or brother or sister (limited to cases where none of the spouse, ascendants or descendants of a patient, or lineal ascendants of his/her spouse exist) of a patient or a lineal ascendant of the spouse makes a request meeting the requirements prescribed by Ministerial Decree of Health and Welfare, such as presenting a certificate proving that each individual has kinship with the patient as it becomes impracticable to obtain the patient's consent due to his/her death, unconsciousness, etc.; |
| 4. | Where the details of a patient's record are provided to the National Health Insurance Corporation or the Health Insurance Review and Assessment Service for the purposes of the assessment, payment, verification of entitlement to and post-management of benefit costs, evaluation of the appropriateness of and increased/reduced payment, etc. of medical care benefits, pursuant to Articles 14, 47, 48 and 63 of the National Health Insurance Act; |
| 5. | Where the details of a patient's record are provided to a guarantee agency (each |
| 6. | Where it is governed by Article 106, 215, or 218 of the Criminal Procedure Act; |
| 7. | Where the presentation of a document is ordered, pursuant to Article 347 of the Civil Procedure Act; |
| 8. | Where the Korea Workers' Compensation and Welfare Service requests a medical institution (including a doctor) specialized in industrial accidents which has examined and treated a worker to whom insurance benefits are paid, to submit a report or document concerning the treatment of the worker, or investigates such medical institution, pursuant to Article 118 of the Industrial Accident Compensation Insurance Act; |
| 9. | Where an insurance company, etc., which has received a claim for medical fees covered by car insurance from a medical institution pursuant to Articles 12 (2) and (14) of the Guarantee of Automobile Accident Compensation Act, requests the medical institution to allow the inspection of the relevant medical records; |
| 10. | Where the director of a regional military manpower office makes requests for the presentation of the medical records and records on medical treatment of a person subject to the examination for judgment on military service, to the head of a medical institution, as he/she deems it necessary for verifying any illness or mental or physical disability in connection with the examination for judgment on military service, pursuant to Article 11-2 of the Military Service Act; |
| 11. | Where a mutual-aid association requests a medical care institution prescribed by Article 42 of the National Health Insurance Act to allow the inspection of relevant medical records or to submit necessary data, as it deems it necessary to decide on whether to pay the mutual-aid benefits pursuant to Article 42 of the Act on the Prevention of and Compensation for Accidents at School; |
| 12. | Where the head of a medical institution sends medical records and clinical opinion to the head of a veterans hospital, pursuant to Article 7 (3) of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and Establishment of Related Organizations; |
| 13. | Where it is governed by Article 28 (1) or (3) of the Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes; |
| 14. | Where the National Pension Service requests a medical institution which treated a person who is or was its member to allow the inspection of or issue a transcript of matters concerning the relevant medical treatment in connection with the examination of payment of a dependent pension, disability pension, survivor pension, etc. prescribed in Article 123 of the National Pension Act; |
| 14-2. | Where the Government Employees Pension Service requests, pursuant to Article 85 of the Public Officials Pension Act, a medical institution which has a person who is or was a public official to inspect or issue a copy of the matters related to the relevant medical treatment in connection with a review for payment of medical care expenses related to the performance of official duties, accident relief money, disability benefit, or benefits for survivors of a public official; |
| 15. | Where the head of a public institution prescribed by Presidential Decree requests a medical institution which treated a person who has applied for the registration of or is registered as a person with disabilities in connection with examinations on the degree of disabilities prescribed in Article 32 (7) of the Act on Welfare of Persons with Disabilities to inspect or issue a copy of the matters related to the relevant medical treatment; |
| 16. | Where the Minister of Health and Welfare, the Director of the Korea Centers for Disease Control and Prevention, a Mayor/ |
| (4) | Each physician, dentist, or oriental medical doctor working at a medical institution keeping medical records or at a public health clinic to which the medical records are transferred shall verify the fact based on the medical records, when he/she is requested to verify the details of the past medical treatment of a patient not examined or treated by himself/herself. <Added by Act No. 9386, Jan. 30, 2009> |
| (5) | Deleted. <by Act No. 14438, Dec. 20, 2016> |