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EMERGENCY MEDICAL SERVICE ACT
| EMERGENCY MEDICAL SERVICE ACT | No.21523 | 20260407 |
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| EMERGENCY MEDICAL SERVICE ACT | No.17689 | 20210101 |
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| EMERGENCY MEDICAL SERVICE ACT | No.16252 | 20190115 |
| EMERGENCY MEDICAL SERVICE ACT | No.15893 | 20181211 |
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| EMERGENCY MEDICAL SERVICE ACT | No.14476 | 20170328 |
| EMERGENCY MEDICAL SERVICE ACT | No.14329 | 20161202 |
| EMERGENCY MEDICAL SERVICE ACT | No.14218 | 20160530 |
| EMERGENCY MEDICAL SERVICE ACT | No.14116 | 20170330 |
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| EMERGENCY MEDICAL SERVICE ACT | No.13436 | 20170725 |
| EMERGENCY MEDICAL SERVICE ACT | No.13367 | 20151223 |
| EMERGENCY MEDICAL SERVICE ACT | No.13106 | 20150729 |
| EMERGENCY MEDICAL SERVICE ACT | No.12844 | 20141119 |
| EMERGENCY MEDICAL SERVICE ACT | No.12448 | 20140919 |
| EMERGENCY MEDICAL SERVICE ACT | No.11998 | 20140807 |
| EMERGENCY MEDICAL SERVICE ACT | No.11859 | 20130604 |
| EMERGENCY MEDICAL SERVICE ACT | No.11690 | 20130323 |
| EMERGENCY MEDICAL SERVICE ACT | No.9305 | 20081231 |
| EMERGENCY MEDICAL SERVICE ACT | No.9124 | 20081214 |
| EMERGENCY MEDICAL SERVICE ACT | No.8852 | 20080229 |
| EMERGENCY MEDICAL SERVICE ACT | No.8692 | 20080615 |
| EMERGENCY MEDICAL SERVICE ACT | No.8648 | 20080418 |
| EMERGENCY MEDICAL SERVICE ACT | No.8366 | 20070411 |
| EMERGENCY MEDICAL SERVICE ACT | No.7545 | 20050601 |
| EMERGENCY MEDICAL SERVICE ACT | No.7449 | 20050701 |
| EMERGENCY MEDICAL SERVICE ACT | No.7428 | 20060401 |
| EMERGENCY MEDICAL SERVICE ACT | No.6677 | 20021001 |
| EMERGENCY MEDICAL SERVICE ACT | No.6627 | 20020701 |
| EMERGENCY MEDICAL SERVICE ACT | No.6147 | 20000701 |
| EMERGENCY MEDICAL SERVICE ACT | No.5844 | 19990208 |
| EMERGENCY MEDICAL SERVICE ACT | No.5454 | 19980101 |
| EMERGENCY MEDICAL SERVICE ACT | No.5453 | 19980101 |
| EMERGENCY MEDICAL SERVICE ACT | No.5153 | 19960808 |
| EMERGENCY MEDICAL SERVICE ACT | No.4730 | 19950101 |
CHAPTER I GENERAL PROVISIONS
| Article 1 (Purpose) |
The purposes of this Act are to protect the lives and health of emergency patients and to ensure the propriety of medical services for citizens, by defining the rights and duties of citizens concerning the emergency medical service, the responsibilities of the State and local governments, the rights and obligations of emergency medical service providers, and prescribing matters necessary for efficient management of resources for emergency medical service, so as to enable the citizens to get the prompt and adequate emergency medical service under the emergency conditions.
| Article 2 (Definitions) |
For the purpose of this Act, <Amended by Act No. 8852, Feb. 29, 2008>
| 1. | the term "emergency patient" means a patient incapable of preserving lives or facing with possibility to incur a grave mental or physical harm unless he/she undergoes a required first-aid treatment, or a person under corresponding case, due to disease, childbirth, injuries or other emergency conditions caused by accidents and disasters, and who is prescribed by Ministerial Decree for Health, Welfare and Family Affairs; |
| 2. | the term "emergency medical service" means such measures as counsel, rescue, transfer, first-aid treatment and medical examination and treatment, etc. which are performed for emergency patients during the process from the outbreak of emergency cases to the recovery from the risk of lives or to the removal of grave mental or physical harms; |
| 3. | the term "first-aid treatment" means an urgently required treatment for the purpose of preventing life risks or significant aggravation of symptoms including the securing of airway, recovery of heart-beat, etc. which are applied to the emergency patients as a kind of emergency medical activities; |
| 4. | the term "person engaged in emergency medical service" means a physician or paramedic who provides an emergency medical service within the scope of license or qualification obtained under conditions determined by the related Acts and subordinate statutes; |
| 5. | the term "emergency medical institution" means the National Emergency Medical Center, regional emergency medical center, specialized emergency medical center, local emergency medical center and local emergency medical institution, which are designated by this Act, from among the medical institutions under Article 3 of the Medical Service Act; |
| 6. | the term "ambulances, etc." means such means of transportation as the automobile, ship and aircraft which are used for the purpose of emergency medical service including the transfer of emergency patients; |
| 7. | the term "emergency medical institutions, etc." means the emergency medical institutions, operators of ambulance, etc. and emergency medical service information centers; |
| 8. | the term "transfer business for emergency patients" means the business of transferring emergency patients, etc. by using ambulances, etc. |
CHAPTER II RIGHTS AND DUTIES OF CITIZENS
| Article 3 (Rights to Receive Emergency Medical Service) |
All citizens shall have rights to receive emergency medical service without being discriminated on account of sex, age, race, religion, social status, economic conditions, etc.
| Article 4 (Rights to Know about Emergency Medical Service) |
| (1) | All citizens shall have rights to know about fundamental countermeasures, such as the essentials of first-aid treatment, guide to the emergency medical institutions, etc. under an emergency situation, and the State and local governments shall take necessary measures for such situation, including education, publicity, etc. |
| (2) | All citizens shall have rights to know about the policies of the State or local governments on the emergency medical service. |
| Article 5 (Duty to Report on Emergency Case and to Assist thereto) |
| (1) | Any person shall, in cases where he/she finds an emergency case, report it without delay to an emergency medical institution, etc. |
| (2) | Any person shall, in cases where those engaged in emergency medical service ask for cooperations necessary for an emergency medical service, positively comply with it. |
| Article 5-2 (Exemption from Responsibility for Well-Intentioned Emergency Medical Service) |
In cases where no intention or gross negligence is committed on the property damage and death or injury caused by giving any emergency medical service or first-aid treatment falling under any of the following subparagraphs to an emergency patient whose life is in jeopardy, the relevant actor shall not take the civil liability and penal responsibility for injury, and the penal responsibility for death shall be reduced or exempted:
| 1. | First-aid treatment provided by a person other than a person falling under any of the following items; |
| (a) | Persons engaged in emergency medical service; |
| (b) | Persons in charge of first-aid treatment under Article 78-2 of the Seafarers Act, persons liable to provide first-aid treatment pursuant to other Acts and subordinate statutes, such as first-aid teams under Article 35 of the Framework Act on Fire Services; |
| 2. | Emergency medical service provided by a person engaged in emergency medical service within the extent of his/her license or qualification when he/she is not on duty; |
| 3. | First-aid treatment provided by a person liable to provide first-aid treatment under subparagraph 1 (b) when he/she is not on duty. |
[This Article Added by Act No. 9124, Jun. 13, 2008]
CHAPTER III RIGHTS AND DUTIES OF PERSONS ENGAGED IN EMERGENCY MEDICAL SERVICE
| Article 6 (Prohibitions, etc. on Refusal of Emergency Medical Service) |
| (1) | Persons engaged in emergency medical service at the emergency medical service institutions, etc. shall be faithfully engaged in emergency medical service so as to be able to always treat the emergency cases. |
| (2) | Persons engaged in emergency medical service shall, upon receipt of a request for emergency medical service while on duty or when they find any emergency cases, immediately render an emergency medical service, and shall not refuse or avoid to render such service without any justifiable grounds. |
[This Article Wholly Amended by Act No. 6677, Mar. 25, 2002]
| Article 7 (Measures for Those Having Non-Emergency Medical Conditions) |
| (1) | With respect to an individual having a non-emergency medical condition, a physician may ask a medical facility other than emergency rooms for his/her medical treatment, or have him/her transferred to another medical institution. |
| (2) | Measures necessary for the criteria, procedure, etc. for the request for medical treatment and the transfer of patients shall be prescribed by Presidential Decree. |
| Article 8 (Priority of Emergency Medical Service, etc. for Emergency Patients) |
| (1) | Those engaged in emergency medical service shall perform the counsel, rescue and first-aid treatment for the emergency patients, taking preference of other patients, and also take the best available measures necessary for medical treatments. |
| (2) | In cases where there exist two or more emergency patients, those engaged in emergency medical service shall perform the emergency medical service according to the degree of exigency based upon the medical judgments. |
| Article 9 (Explaining Emergency Medical Service and Securing Consent) |
| (1) | Those engaged in emergency medical service shall explain an emergency medical service to an emergency patient and secure his/her consent thereto except for the case falling under any of the following subparagraphs: |
| 1. | Where an emergency patient has no mental capacity; |
| 2. | Where a delay in the emergency medical service due to the prolonged procedures of explanation and consent incurs a risk of life or a grave mental or physical impairment on the patient. |
| (2) | In cases where a legal agent accompanies the emergency patient because he/she has no capacity for decision making, those engaged in emergency medical service shall explain to the said agent about the emergency medical service and secure his/her consent thereto, and where no legal agent accompanies, those engaged in emergency medical service shall render the first-aid treatment after making explanation to the accompanying person, and may perform emergency medical examinations according to the medical judgment of a physician. |
| (3) | Matters necessary for the contents of explanation on and consent to emergency medical service and the procedures therefor, etc. shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 10 (Prohibition on Suspension of Emergency Medical Service) |
Those engaged in emergency medical service shall not suspend the emergency medical service on an emergency patient, unless there exist any justifiable reasons.
| Article 11 (Transfer of Emergency Patients) |
| (1) | Any physician shall, in cases where deemed that a pertinent medical service is unavailable for such patient with the capacities of the relevant medical institution, transfer without delay such patient to another medical institution where a pertinent medical service is available. |
| (2) | The head of a medical institution shall, in cases where he/she transfers an emergency patient under paragraph (1), provide medical instruments and manpower required for a safe transfer of the emergency patient, and furnish the medical records necessary for a medical examination at the medical institution in receipt of such patient. |
| (3) | The head of a medical institution may demand the patient to pay the expenses incurred for such transfer. |
| (4) | Matters necessary for the procedures for emergency patient's transfer, the transfer of medical records, and the demand for the expenses, etc. shall be determined by Ordinance of Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 12 (Prohibition on Obstruction to Emergency Medical Service) |
No one shall obstruct the rescue, transfer, first-aid treatments or medical examinations for the emergency patients by those engaged in emergency medical service, or destroy, damage or occupy the medical facilities, equipment and medicines and other instruments for the purpose of emergency medical service by medical institutions.
CHAPTER IV RESPONSIBILITY OF STATE AND LOCAL GOVERNMENTS
| Article 13 (Provision of Emergency Medical Service) |
The State and local governments shall adopt and implement policies on the provision of emergency medical services, such as the protection of individuals having an emergency medical condition, assistance in and the establishment and operation of medical institutions, etc., the training of manpower for emergency medical service and the securing of the means of transportation for the emergency transfer of individuals, etc.
| Article 13-2 (Formulation and Execution of Plan for Emergency Medical Service) |
| (1) | The Minister for Health, Welfare and Family Affairs shall formulate the basic plan for emergency medical service in order to carry out the duties under Article 13 under conditions prescribed by Presidential Decree, and notify the Special Metropolitan City Mayor, Metropolitan City Mayor, and |
| (2) | The Mayor/ |
| (3) | The Minister for Health, Welfare and Family Affairs and the Mayor/ |
| (4) | Any institution or organization, etc. in receipt of a request for cooperation under paragraph (3) shall comply with it unless there exist any special reasons. |
| (5) | The Minister for Health, Welfare and Family Affairs may, under conditions prescribed by Presidential Decree, evaluate the execution plans for regional emergency medical service and the results of relevant executions. <Amended by Act No. 8852, Feb. 29, 2008> |
[This Article Added by Act No. 6677, Mar. 25, 2002]
| Article 13-3 (Emergency Medical Service Committee) |
| (1) | The Central Emergency Medical Service Committee shall be established in the Ministry for Health, Welfare and Family Affairs, and the Regional Emergency Medical Service Committee in the Special Metropolitan City, Metropolitan City, and |
| (2) | Matters necessary for the composition, function, operation, etc. of the Central Emergency Medical Service Committee under paragraph (1) shall be prescribed by Presidential Decree, and matters necessary for the composition, function, operation, etc. of the Regional Emergency Medical Service Committee shall be stipulated by Municipal Ordinances of the relevant City/ |
[This Article Added by Act No. 6677, Mar. 25, 2002]
| Article 14 (Education on Rescuing and First-Aid Treatment) |
| (1) | The Minister for Health, Welfare and Family Affairs or the Mayor/ |
| 1. | Drivers of ambulances, etc.; |
| 2. | Drivers of cars for the purpose of passenger transport service business under Article 3 (1) of the Passenger Transport Service Act; |
| 3. | Health education teachers under Article 15 of the School Health Act; |
| 4. | Police officers, etc. prescribed in Article 5 of the Road Traffic Act as persons engaged in the road traffic safety affairs; |
| 5. | Persons subject to education on safety and health under Article 32 (1) of the Industrial Safety and Health Act; |
| 6. | Persons engaged in affairs on medical service, relief or safety in sports facilities under Articles 5 and 10 of the Installation and Utilization of Sports Facilities Act; |
| 7. | Life rescuers under Article 22 of the Excursion Ship and Ferry Business Act; |
| 8. | Persons engaged in affairs on medical service, relief or safety from among the persons engaged in tourism under Article 3 (1) 2 through 6 of the Tourism Promotion Act; |
| 9. | Persons engaged in affairs on medical service, relief or safety from among the persons engaged in aviation or cabin attendants under subparagraphs 3 and 3-2 of Article 2 of the Aviation Act; |
| 10. | Persons engaged in affairs on medical service, relief or safety from among the persons engaged in railroad transportation under subparagraph 9 (a) through (c) of Article 2 of the Railroad Safety Act; |
| 11. | Persons engaged in affairs on medical service, relief or safety from among the seafarers under subparagraph 1 of Article 3 of the Seafarers Act. |
| (2) | The Minister for Health, Welfare and Family Affairs and Mayor/ |
| (3) | The necessary matters concerning the contents and method of education on the rescue and the first-aid treatment as prescribed in paragraphs (1) and (2) shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9124, Jun. 13, 2008> |
| Article 15 (Construction of Emergency Medical Service Communication Network) |
| (1) | The State and local governments shall build an emergency medical service communication network in order to promote better exchanges of information on emergency medical service. |
| (2) | Necessary matters concerning the communication system and operational cost for the emergency medical service communication network as referred to in paragraph (1) shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 16 (Financial Assistance) |
| (1) | The State and local governments may provide such necessary financial assistance to emergency medical institutions, etc. as may be possible within the limits of their respective budget. |
| (2) | The State or a local government may provide necessary financial support to institutions which should have emergency equipment for cardiopulmonary resuscitation, such as automated external defibrillators or such under Article 47-2. <Added by Act No. 8692, Dec. 14, 2007> |
| Article 17 (Evaluation on Emergency Medical Institutions, etc.) |
| (1) | The Minister for Health, Welfare and Family Affairs may conduct an evaluation on emergency medical institutions, etc. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The Minister for Health, Welfare and Family Affairs may render an administrative or financial support to the emergency medical institutions, etc. pursuant to the results of evaluations on the emergency medical institutions, etc. under paragraph (1). <Added by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008> |
| (3) | Necessary matters concerning the method and period of evaluation on the emergency medical institutions, etc. under paragraph (1) shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 18 (Measures following Outbreak of Numerous Emergency Cases) |
| (1) | The Minister for Health, Welfare and Family Affairs, the Mayor/ |
| (2) | Those engaged in emergency medical service, the heads of medical institutions and the operators of ambulances, etc. shall not refuse the orders under paragraph (1), unless there exist any justifiable reasons. |
| (3) | Matters necessary for the measures following the outbreak of numerous emergency cases, such as the rescue of human lives and the first-aid treatments, shall be prescribed by Presidential Decree. |
CHAPTER V FINANCE
| Article 19 (Establishment, Management and Operation of Emergency Medical Service Fund) |
| (1) | The Minister for Health, Welfare and Family Affairs shall establish the Emergency Medical Service Fund (hereinafter referred to as the "Fund") in order to efficiently perform an emergency medical service. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The Minister for Health, Welfare and Family Affairs may entrust the management and operation of the Fund to the institutions or organizations related to the medical services and designated by Presidential Decree (hereinafter referred to as "head of the Fund management agency"). In such cases, the Minister for Health, Welfare and family Affairs shall supervise the affairs related to the management and operation of the Fund, and may issue the orders necessary therefor. <Amended by Act No. 8852, Feb. 29, 2008> |
| (3) | Matters necessary for the establishment, management and operation of the Fund shall be prescribed by Presidential Decree. |
| Article 20 (Fund Raising) |
| (1) | The Fund shall be raised with the following financial resources: <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008> |
| 1. | Support amount under the National Health Insurance Act from among the amounts collected from medical institutions as a penalty surcharge by the Minister for Health, Welfare and Family Affairs in lieu of the suspension of their businesses under the National Health Insurance Act; |
| 2. | Contributions and donations from the institutions and organizations related to the emergency medical service; |
| 3. | Contributions from the Government; |
| 4. | Other profits accruing from the operation of the Fund. |
| (2) | The Government shall appropriate the amount equivalent to 20/100 of the estimated revenue under the following subparagraphs of the relevant year in the estimated expenditure of each fiscal year as the Government's contributions under paragraph (1) 3: <Amended by Act No. 9305, Dec. 31, 2008> |
| 1. | Fines for negligence under Article 160 (2) and (3) of the Road Traffic Act (limited to fines for negligence imposed and collected by the commissioners of provincial police agencies pursuant to Article 161 (1) 1 of the same Act); <<The amended provision of this subparagraph shall be valid until Dec. 31, 2012, pursuant to paragraph (3) of the Addenda of Act No. 9305, promulgated on Dec. 31, 2008>> |
| 2. | Penalties under Article 162 (3) of the Road Traffic Act. |
| Article 21 (Use of Fund) |
The Fund shall be used for the following purposes: <Amended by Act No. 6677, Mar. 25, 2002>
| 1. | Surrogate payment for the outstanding amounts under Article 22 from among the medical fees for emergency patients; |
| 2. | Loan or support to the fund required for the fosterage and development of emergency medical institutions, etc. and for the establishment of the facilities, etc. for the examination and treatment of emergency patients at medical institutions; |
| 3. | Support projects for the smooth operation of systems to provide the emergency medical service, and the projects for survey and research and for publicity for the emergency medical services; |
| 4. | Support of medical service at the occurrence of disasters, etc. determined by Presidential Decree. |
| Article 22 (Surrogate Payment for Outstanding Amounts) |
| (1) | Medical institutions and operators of ambulances, etc. may, in cases where they fail to collect the expenses for emergency medical services which they have provided to an emergency patient, request the head of the Fund management agency under Article 19 (2) (referring to the Minister for Health, Welfare and Family Affairs, if the affairs of management and operation of the Fund has not been entrusted; hereafter in this Article and Article 22-2 the same shall apply) to make a surrogate payment of the amount to be borne by the emergency patient himself (hereinafter referred to as "outstanding amount"). <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008> |
| (2) | The head of the Fund management agency shall, when requested by the medical institutions, etc. to make the surrogate payment of the outstanding amount under paragraph (1), examine such request pursuant to the criteria prescribed by Ministerial Decree for Health, Welfare and Family Affairs, and pay it from the Fund. <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008> |
| (3) | The State or local governments may subsidize expenses required for the surrogate payment under paragraph (2). |
| (4) | The head of the Fund management agency may, in cases where it has made the surrogate payment of the outstanding amount pursuant to paragraph (2), claim the reimbursement of the amount of surrogate payment to the emergency patient himself, a person responsible for his/her support or other persons liable for the medical expenses under other Acts and subordinate statutes. <Amended by Act No. 6677, Mar. 25, 2002> |
| (5) | The head of the Fund management agency may write off the non-refundable surrogate payments, in claiming the reimbursement of the surrogate payment under paragraph (4). <Amended by Act No. 6677, Mar. 25, 2002> |
| (6) | Matters necessary for the eligible person for, scope of, procedures and methods for surrogate payment of outstanding amount, for the procedures and methods of the claim, and the scope of non-refundable surrogate payment and the procedures of write-off, shall be prescribed by Presidential Decree. <Added by Act No. 6677, Mar. 25, 2002> |
| Article 22-2 (Provision of Data) |
| (1) | The head of the Fund management agency may request related agencies, such as the State, local governments and medical institutions, to provide the data necessary for an examination of outstanding amount, a claim for the surrogate payment, a write-off, etc. |
| (2) | Any institution in receipt of a request under paragraph (1) shall comply with it unless there exist any special reasons. |
[This Article Added by Act No. 6677, Mar. 25, 2002]
| Article 23 (Payment Standards for Emergency Medical Service Fees) |
| (1) | The Minister for Health, Welfare and Family Affairs shall determine the standards for emergency medical service fees. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | In determining the standards for emergency medical service fees under paragraph (1), the Minister for Health, Welfare and Family Affairs may grade the emergency medical service fees by reflecting the results of evaluations on emergency medical institutions under Article 17. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 24 (Transfer Expenses) |
Operators of ambulances, etc. may, in cases where they have transferred emergency patients by using ambulances, etc., collect the transfer expenses determined by Ministerial Decree for Health, Welfare and Family Affairs from the emergency patients. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER VI EMERGENCY MEDICAL INSTITUTIONS, ETC.
| Article 25 (National Emergency Medical Center) |
| (1) | The Minister for Health, Welfare and Family Affairs may designate the National Emergency Medical Center from among general hospitals under Article 3 of the Medical Service Act (hereinafter referred to as "general hospital") in order to have it carry out the following affairs for the emergency medical service: <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008> |
| 1. | Evaluation of emergency medical institutions, etc. and support to their quality improvement activities; |
| 2. | Education and training for persons engaged in the emergency medical service; |
| 3. | Coordination of the services between the regional emergency medical centers, and support thereto; |
| 4. | Research related to the emergency medical service; |
| 5. | Coordination and support of the emergency medical service at the outbreak of large-scale disasters, etc.; |
| 6. | Other affairs related to the emergency medical service determined by the Minister for Health, Welfare and Family Affairs. |
| (2) | Matters necessary for the criteria, methods, procedures, etc. for the designation of the National Emergency Medical Center shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 26 (Designation of Regional Emergency Medical Center) |
| (1) | The Minister for Health, Welfare and Family Affairs may, in consultation with the Mayor/ |
| 1. | Medical examination and treatment for emergency patients; |
| 2. | Support of emergency medical service at the outbreak of large-scale disasters; |
| 3. | Education and training for those engaged in emergency medical service in the respective regions; |
| 4. | Other affairs related to the emergency medical service within the region as determined by the Minister for Health, Welfare and Family Affairs. |
| (2) | Matters necessary for the criteria, methods, procedures, etc. for the designation of the regional emergency medical centers shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 27 (Establishment and Operation of Emergency Medical Information Center) |
| (1) | The Minister for Health, Welfare and Family Affairs shall establish and operate the emergency medical information center by region (hereinafter referred to as "information center") in consideration of the distribution of resources for emergency medical service and of the residents' living zone in order that the emergency medical service may be efficiently provided. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | The information center shall perform the following functions: <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008> |
| 1. | Information, counsel and guidance for emergency patients; |
| 2. | Guidance of first-aid treatments for those transferring emergency patients, and information about the hospitals where to be transferred; |
| 3. | Management and provision of diverse information on the emergency medical service; |
| 4. | Management and operation of the emergency medical service communications network, the emergency medical service computer network, and other related services; |
| 5. | Other affairs related to emergency medical service determined by Ministerial Decree for Health, Welfare and Family Affairs. |
| (3) | The Minister for Health, Welfare and Family Affairs may, if deemed necessary for an efficient operation of the information center, entrust the affairs concerning its operation to the head of the regional emergency medical center. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 28 (Cooperation, etc. with Information Center) |
| (1) | The head of an information center shall create the systems for managing the emergency medical service information in order to efficiently manage the information related to emergency medical service, and may request the head of an emergency medical institution and the person operating the ambulances, etc. to provide the emergency medical service information necessary for them. <Amended by Act No. 6677, Mar. 25, 2002> |
| (2) | The head of an information center may, in cases where deemed necessary for the performance of his/her duties, provide diverse information on the emergency medical service to the medical institutions and the operators of ambulance, etc., and request them to take necessary measures for emergency medical service including the dispatch of ambulance, etc. |
| (3) | Any persons in receipt of a request for the provision of the emergency medical service information or for the necessary measures for emergency medical service under paragraphs (1) and (2), shall comply with it unless there exist any special reasons on the contrary. <Amended by Act No. 6677, Mar. 25, 2002> |
| (4) | Matters necessary for the provision of information to the information center shall be prescribed by Presidential Decree. <Added by Act No. 6677, Mar. 25, 2002> |
| Article 29 (Designation of Specialized Emergency Medical Centers) |
| (1) | The Minister for Health, Welfare and Family Affairs may, after going through a consultation with the Mayor/ |
| (2) | Matters necessary for the criteria, methods, procedures, etc. for the designation of specialized emergency medical centers shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 30 (Designation of Local Emergency Medical Centers) |
| (1) | The Mayor/ |
| (2) | Matters necessary for the criteria, methods, procedures, etc. for the designation of local emergency medical centers shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 31 (Local Emergency Medical Institutions) |
| (1) | The head of a |
| (2) | Matters necessary for the criteria, methods, procedures, etc. for the designation of local emergency medical institutions shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 31-2 (Operation of Emergency Medical Institutions) |
Emergency medical institutions shall, pursuant to the criteria for designation of emergency medical institutions, maintain and operate the facilities, manpower, equipment, etc., so as to be able to treat emergency patients 24-hour a day.
[This Article Added by Act No. 6677, Mar. 25, 2002]
| Article 32 (Systems for Emergency Medical Treatment) |
| (1) | Emergency medical institutions shall have those engaged in emergency medical service on duty during holidays and night hours, and create the preparatory systems for the provision of emergency medical treatments at all times to emergency patients (hereinafter referred to as "systems for emergency medical treatment"). |
| (2) | Those engaged in emergency medical service who have been ordered by the head of the emergency medical institution to serve for maintaining the systems for emergency medical treatment, shall faithfully comply with such order. |
| (3) | Matters necessary for the systems for emergency medical treatment shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 33 (Securing of Beds in Reserve) |
| (1) | Emergency medical institutions shall secure beds in reserve for emergency patients, and shall not allow any others than the emergency patients to use such beds. |
| (2) | Matters necessary for securing and maintaining the beds in reserve shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 34 (Designation of Medical Institutions on Duty) |
The Minister for Health, Welfare and Family Affairs, the Mayor/Do Governor, or the head of a Si /Gun /Gu may, for holidays and night hours or when there exist any recognizable grounds that the treatment of emergency patients is likely to be obstructed, designate the medical institutions on duty by classification, by medical specialty and by treatment period, in order to provide emergency medical services to emergency patients under conditions prescribed by Ministerial Decree for Health, Welfare and Family Affairs, and have them provide the emergency medical service. <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008>
| Article 35 (Revocation of Designation of Emergency Medical Institutions) |
The Minister for Health, Welfare and Family Affairs, the Mayor/Do Governor or the head of a Si /Gun /Gu may, in cases where the National Emergency Medical Center, a regional emergency medical center, a specialized emergency medical center, a local emergency medical center or a local emergency medical institution falls under any of the following subparagraphs, revoke its designation, when he/she is the designator: <Amended by Act No. 8852, Feb. 29, 2008>
| 1. | Where it falls short of the criteria for such designation; |
| 2. | Where it fails to perform the duties as prescribed by this Act; |
| 3. | Where it violates this Act, or the dispositions or orders issued under this Act. |
| Article 35-2 (Medical Institutions other than Emergency Medical Institutions) |
Any medical institution which is not designated as an emergency medical institution under this Act shall, when it intends to establish and operate an emergency medical facility, be equipped with the facilities, manpower, etc. stipulated by Ministerial Decree for Health, Welfare and Family Affairs, and report to the head of a Si /Gun /Gu thereon: Provided , That the same shall not apply to cases of general hospitals. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Added by Act No. 6677, Mar. 25, 2002]
CHAPTER VII LICENSED EMERGENCY MEDICAL RESCUERS
| Article 36 (Qualifications for Licensed Emergency Medical Rescuers) |
| (1) | Licensed emergency medical rescuers shall be classified into Grade Iemergency medical rescuer and Grade II emergency medical rescuer in accordance with the scope of duties. |
| (2) | Any person intending to become Grade I emergency medical rescuer shall fall under any of the following subparagraphs, and obtain a recognition of qualifications from the Minister for Health, Welfare and Family Affairs, after passing an examination conducted by the said Minister: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | Graduates of a university or a junior college majoring in the emergency rescue science; |
| 2. | Persons who have obtained a foreign recognition of qualifications as emergency medical rescuers, which are recognized by the Minister for Health, Welfare and Family Affairs; |
| 3. | Grade II emergency medical rescuers, who have engaged in duties of emergency medical rescuer for not less than three years. |
| (3) | Any person intending to become Grade II emergency medical rescuer shall fall under any of the following subparagraphs, and obtain a recognition of qualifications from the Minister for Health, Welfare and Family Affairs after passing an examination conducted by the said Minister: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | Persons who have completed a training course determined by Presidential Decree at a training institute for emergency medical rescuers designated by the Minister for Health, Welfare and Family Affairs; |
| 2. | Persons who have obtained a foreign recognition of qualifications as emergency medical rescuers, which are recognized by the Minister for Health, Welfare and Family Affairs. |
| (4) | The Minister for Health, Welfare and Family Affairs may, under conditions prescribed by Presidential Decree, entrust the affairs to perform the examination for emergency medical rescuer under paragraphs (2) and (3) to the related specialized agency which is deemed capable of administering such examinations. <Amended by Act No. 8852, Feb. 29, 2008> |
| (5) | Matters necessary for the subjects and methods of examinations for Grades I and II emergency medical rescuers and the recognition of qualifications shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 37 (Disqualifications) |
Any person falling under any of the following subparagraphs may not become a licensed emergency medical rescuer: <Amended by Act No. 8648, Oct. 17, 2007; Act No. 8692, Dec. 14, 2007>
| 1. | A mental patient under subparagraph 1 of Article 3 of the Mental Health Act: |
| 2. | An addict to narcotics, cannabis or psychotropic drugs; |
| 3. | An incompetent or quasi-incompetent; |
| 4. | A person who is sentenced to imprisonment without prison labor or heavier punishment, and whose execution has not been completed or exempted as yet, in violation of this Act or Article 233, 234, 268 (limited to medical malpractices), 269, 270 (1) through (3) or 317 (1) of the Criminal Act, the Act on Special Measures for the Control of Public Health Crimes, the Regional Public Health Act, the National Health Promotion Act, the Prevention of Acquired Immunodeficiency Syndrome Act, the Medical Service Act, the Medical Technicians Act, the Anatomy and Preservation of Corpses Act, the Blood Management Act, the Act on the Control of Narcotics, etc., the Mother and Child Health Act, or the National Health Insurance Act. |
| Article 38 (Sanction against Wrongdoing) |
| (1) | With respect to any person applying for an examination for licensed emergency medical rescuers by a dishonest means or any person cheating in such examination, he/she shall be suspended from the examination or his/her passing the examination shall be made null and void. |
| (2) | Persons who have been suspended from the examination or whose success in examination has been nullified under paragraph (1) shall not apply for an examination of licensed emergency medical rescuers for a period of two years from the date of relevant dispositions. |
| Article 39 (Matters to be Observed by Licensed Emergency Medical Rescuers) |
Each licensed emergency medical rescuer shall, in performing his/her duties for the safety of emergency patients, observe the matters determined by Ministerial Decree for Health, Welfare and Family Affairs with regard to the matters necessary for the transfer and treatment of emergency patients, such as the control and operation of medical equipment, radio communications equipment, and the first-aid medical supplies necessary for emergency measures, and the uniform and mark of licensed emergency medical rescuers, etc. <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008>
| Article 40 (Duty of Keeping Secrets) |
Licensed emergency medical rescuers shall not divulge or open to the public the secrets that have come to their knowledge while on duties.
| Article 41 (Duties of Licensed Emergency Medical Rescuers) |
Licensed emergency medical rescuers shall provide services of counseling, rescuing and transferring for emergency patients on the spot where such emergency case has occurred, and may, notwithstanding the provisions of Article 27 of the Medical Service Act, engage in the duties of providing first-aid treatments on the spot, during transfer or within the medical institutions, within the limit determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8366, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008>
| Article 42 (Limitation on Duties) |
Licensed emergency medical rescuers shall not provide a first-aid treatment under Article 41 without receipt of definite instructions from a physician: Provided , That this shall not apply to cases where performing first-aid treatments determined by the Ministerial Decree for Health, Welfare and Family Affairs, and where unable to receive any instructions from the physician due to communications problems, etc. under an emergency situation. <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008>
| Article 43 (Supplementary Education for Licensed Emergency Medical Rescuers) |
| (1) | The Minister for Health, Welfare and Family Affairs may perform a supplementary education required to improve professional qualities of the licensed emergency medical rescuers. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | Matters necessary for the contents of and the eligible persons for the supplementary education under paragraph (1) shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
CHAPTER VIII TRANSFER, ETC. OF EMERGENCY PATIENTS
| Article 44 (Operators of Ambulances, etc.) |
| (1) | Persons other than those falling under any of the following subparagraphs shall not operate ambulances, etc.: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | The State or local governments; |
| 2. | Medical institutions under Article 3 of the Medical Service Act; |
| 3. | Persons who may operate ambulances, etc. under other Acts and subordinate statutes; |
| 4. | Persons who have obtained a business license for transferring emergency patients under this Act (hereinafter referred to as "transfer business"); |
| 5. | Nonprofit corporations with the business aimed at transferring the emergency patients, and whose establishment has been permitted by the Minister for Health, Welfare and Family Affairs. |
| (2) | Medical institutions may entrust the operation of ambulances, etc. to a person who has obtained a license for transfer business under paragraph (1) 4 (hereinafter referred to as "transfer business operator") or to a nonprofit corporation under paragraph (1) 5. |
| (3) | Medical institutions which have entrusted the operation of ambulances, etc. under paragraph (2) and the person so entrusted shall observe the criteria and procedures for the entrustment of ambulances, etc. as determined by Ministerial Decree for Health, Welfare and Family Affairs. <Added by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008> |
| Article 45 (Prohibition of Uses for other Purposes) |
| (1) | Ambulances, etc. shall not be used for other purposes than those falling under any of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | Transfer of emergency patients; |
| 2. | Transportation of the blood, objects for medical diagnosis and equipment, etc. for medical examination and treatments; |
| 3. | Transportation of those engaged in emergency medical service for the purpose of providing first-aid treatments; |
| 4. | Transfer of the dead to medical institutions, etc. who died on the spot due to an accident or who died while being treated; |
| 5. | Other purposes defined by Ministerial Decree for Health, Welfare and Family Affairs. |
| (2) | The Mayor/ |
| Article 46 (Standards for Ambulances, etc.) |
| (1) | An ambulance, etc. shall be designed and manufactured in such way as would be suitable for transferring the patients and for providing first-aid treatments. |
| (2) | Standards for the style, mark, interior equipment, etc. of the ambulance shall be determined by Joint Ministerial Decree for Health, Welfare and Family Affairs and the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 47 (Equipment of Ambulances, etc.) |
| (1) | An ambulance, etc. shall be equipped with medical equipment and first-aid medical supplies so as to be capable of providing first-aid treatments on emergency patients, and with communication equipments capable of communicating with the agency whereto it belongs, medical institutions and information centers. |
| (2) | Matters necessary for the control of such medical equipment, first-aid medical supplies, communication equipment, etc. as are required under paragraph (1) as well as the management of ambulances, etc. shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 47-2 (Duty of Possession of Emergency Equipment for Cardiopulmonary Resuscitation) |
| (1) | Institutions, etc. falling under any of the following subparagraphs shall have emergency equipment which can perform cardiopulmonary resuscitation, such as an automated external defibrillator or such: |
| 1. | Public health and medical services institutions under Article 2 of the Public Health and Medical Services Act; |
| 2. | Ambulances being operated by first-aid teams under Article 35 of the Framework Act on Fire Services; |
| 3. | Passenger airplanes being used for the purpose of air transportation business from among the airplanes under subparagraph 1 of Article 2 of the Aviation Act and airports under subparagraph 5 of Article 2 of the same Act; |
| 4. | Passenger trains from among the rolling stock under subparagraph 4 of Article 3 of the Framework Act on the Development of Railroad Industry; |
| 5. | Ships, gross tonnage of which is not less than 20 tons from among ships under Article 1-2 of the Ship Act; |
| 6. | Other public institutions prescribed by Presidential Decree. |
| (2) | Matters necessary for management, etc. of emergency equipment which should be possessed pursuant to paragraph (1) shall prescribed by Ministerial Decree for Health, Welfare and Family Affairs. |
[This Article Added by Act No. 8692, Dec. 14, 2007]
| Article 48 (Obligation of Licensed Emergency Medical Rescuers to be on Board) |
Operators of ambulances, etc. shall have licensed medical rescuers on board when the ambulances, etc. go into action, under conditions prescribed by Ministerial Decree for Health, Welfare and Family Affairs: Provided , That this shall not apply to cases where a physician or a nurse is already on board. <Amended by Act No. 8852, Feb. 29, 2008>
| Article 49 (Records of Calling-out and Treatments) |
| (1) | Licensed emergency medical rescuers shall, when they are called out and provide first-aid treatments, without delay record the matters of being called out and the contents of first-aid treatments, and furnish such records to the operator of ambulance, etc. whereto they belong and the physician who treats the emergency patient: |
| (2) | The head of medical institution whereto the physician in receipt of the records under paragraph (1) belongs, shall forward such records every month to the information center exercising jurisdiction over the location of medical institution. |
| (3) | Operators of ambulances, etc. and the head of medical institution shall preserve the records submitted under paragraphs (1) and (2) for the period determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| (4) | Matters necessary for the contents, methods, etc. of records on the calling-out and first-aid treatments shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 50 (Guidance and Supervision) |
The Mayor/Do Governor or the head of a Si /Gun /Gu may, with respect to the ambulances, etc. operating in the competent areas, inspect their operational situations and actual status once or more a year, and according to its results, take necessary measures, such as the orders for correction or suspension. <Amended by Act No. 6677, Mar. 25, 2002>
| Article 51 (License, etc. for Transfer Business) |
| (1) | Any person who intends to operate a transfer business shall install such facilities, etc. as are determined by Joint Ministerial Decree for Health, Welfare and Family Affairs and the Ministry of Land, Transport and Maritime Affairs, and obtain a license from the competent Mayor/ |
| (2) | The Mayor/ |
| (3) | Any transfer business operator shall, in cases where he/she intends to modify the important matters prescribed by Presidential Decree, obtain a modified license from the Mayor/ |
| (4) | Any transfer business operator shall, in cases where he/she intends to modify the matters prescribed by Presidential Decree, report thereon to the competent Mayor/ |
| (5) | Any transfer business operator shall observe the criteria for facilities, etc. under paragraph (1). <Added by Act No. 6677, Mar. 25, 2002> |
| Article 52 (Guiding Physician) |
| (1) | Any transfer business operator shall, in order to get a guidance on counsel, rescue, transfer and first-aid treatments, place a guiding physician by business area, or commission a physician of an emergency medical institution as a guiding physician, under conditions prescribed by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | Matters necessary for the number, duties and appointment of the guiding physician by business area shall be determined by the Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 53 (Report on Business Suspension, etc.) |
Any transfer business operator shall, in cases where he/she intends to suspend, close, or reopen the whole or part of his/her business, report thereon to the competent Mayor/Do Governor, under conditions prescribed by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
| Article 54 (Succession to Business) |
| (1) | In cases where a transfer business operator dies or transfers his/her business, or where a corporation which is a transfer business operator merges, the heir, transferee of such business, or a corporation surviving the merger or a new corporation established by the merger, shall succeed to the status of the transfer business operator. |
| (2) | A person who has taken over the whole of business facilities by a compulsory auction under the Civil Execution Act, a realization under the Debtor Rehabilitation and Bankruptcy Act, a sale of seized property under the National Tax Collection Act, the Customs Act or the Local Tax Act, or by such procedures corresponding to them, shall succeed to the status of the relevant transfer business operator. <Amended by Act No. 6627, Jan. 26, 2002; Act No. 7428, Mar. 31, 2005> |
| (3) | A person who has succeeded to the status of the transfer business operator under paragraph (1) or (2) shall, under conditions prescribed by Ministerial Decree for Health, Welfare and Family Affairs, report thereon to the competent Mayor/ |
| Article 54-2 (Prohibition of Inducement or Mediation) |
Any operator of ambulances, etc. under Article 44 (1) shall not transfer, introduce or mediate emergency patients to the specific medical institutions or medical persons for the purpose of profit-making, and to make such other activities as inducing or instigating.
[This Article Added by Act No. 6677, Mar. 25, 2002]
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 55 (Suspension of License or Qualifications, etc. for Those Engaged in Emergency Medical Service) |
| (1) | The Minister for Health, Welfare and Family Affairs may, in cases where a person engaged in emergency medical service falls under any of the following subparagraphs, revoke the license or qualifications, or suspend the license or qualifications with fixing the period not exceeding six months: <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008> |
| 2. | Where he/she has collected the transfer treatment fees excessively in violation of Article 24; |
| 3. | Where he/she incurs serious disadvantages to an emergency patient in violation of Article 32 (2); |
| 4. | Where he/she falls under Article 37; |
| 5. | Where he/she has provided a first-aid treatment in violation of Article 42; |
| 6. | Where he/she fails to undergo a supplementary education in violation of Article 43 (1); |
| 7. | Where he/she violates this Act or the orders issued under this Act. |
| (2) | The Minister for Health, Welfare and Family Affairs, the Mayor/ |
| 1. | Where he/she violates Article 18 (2), 28 (3), 32 (1), 33 (1), 35-2, 44 (3), 45 (1), 47 (1), 48, 49 (3), 51 (3) through (5), 52 (1), 53, 54 (3), 54-2 or 59; |
| 2. | Where he/she claims unjustly a surrogated payment of the outstanding amount in violation of Article 22 (1); |
| 3. | Where he/she collects the transfer treatment fees excessively in violation of Article 24; |
| 4. | Where he/she fails to provide an emergency medical service when he/she has been designated as a medical institution on duty under Article 34; |
| 5. | Where he/she fails to comply with the correctional orders under Article 50; |
| 6. | Where he/she violates this Act or the orders issued under this Act. |
| (3) | Those who are subjected to orders for revocation of business license (in cases of a business subject to the report, a closing) pursuant to paragraph (2) shall not open or operate the relevant business within a year from the date of such orders. |
| (4) | Detailed matters concerning the administrative dispositions under paragraphs (1) and (2) shall be determined by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008> |
| Article 56 (Hearing) |
The Minister for Health, Welfare and Family Affairs, the Mayor/Do Governor or the head of a Si /Gun /Gu shall, if he/she intends to issue an order for a revocation or a closure under Article 55, hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008>
| Article 57 (Penalty Surcharge) |
| (1) | The Minister for Health, Welfare and Family Affairs, the Mayor/ |
| (2) | The amount of penalty surcharge according to the type and level of offenses subject to the levy of penalty surcharge under paragraph (1) and other necessary matters shall be determined by the Presidential Decree. |
| (3) | In cases where a person liable to pay the penalty surcharge under paragraph (1) fails to pay it not later than the time limit for payment, such penalty surcharge shall be collected by the Minister for Health, Welfare and Family Affairs according to the practice of dispositions of national taxes in arrears, or by the Mayor/ |
| Article 58 (Delegation of Authority) |
Part of the authority of the Minister for Health, Welfare and Family Affairs under this Act may be delegated to the Mayor/Do Governor or the head of a Si /Gun /Gu under conditions prescribed by Presidential Decree. <Amended by Act No. 6677, Mar. 25, 2002; Act No. 8852, Feb. 29, 2008>
| Article 59 (Prohibition of Using Similar Names) |
| (1) | Other persons than a licensed emergency medical rescuer, the National Emergency Medical Center, a regional emergency medical center, a specialized emergency medical center, a local emergency medical center, a local emergency medical institution or an emergency medical service information center as prescribed by this Act, may not use any respective foregoing name or any name similar thereto. |
| (2) | Any medical institutions other than the following subparagraphs shall not use the titles or indications related to the treatment of emergency patients, or indicate them outside: <Added by Act No. 6677, Mar. 25, 2002> |
| 1. | Emergency medical institutions designated by this Act; |
| 2. | Medical institutions reported under Article 35-2; |
| 3. | General hospitals. |
CHAPTER X PENAL PROVISIONS
| Article 60 (Penal Provisions) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine of 30 million won or less: |
| 1. | Any person who obstructs an emergency medical service, or destroys, damages or occupies medical facilities, etc., in violation of Article 12; |
| 2. | Any person who, without obtaining a recognition of qualifications as an emergency medical rescuer under Article 36, performs the duties of emergency medical rescuer under Article 41 by misrepresenting himself as a licensed emergency medical rescuer; |
| 3. | Any person who carries on a transfer business without obtaining a license for such business, in violation of Article 51 (1). |
| (2) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine of ten million won or less: <Amended by Act No. 6677, Mar. 25, 2002> |
| 1. | Any person engaged in emergency medical service who refuses or evades a provision of emergency medical service, in violation of Article 6 (2); |
| 2. | Any person who violates Article 40: with respect to this case, a public prosecution may be instituted only when there is an accusation against it; |
| 3. | Any licensed emergency medical rescuer who provides first-aid treatments without any instructions from a physician, in violation of Article 42. |
| (3) | Any person who violates Article 18 (2) or 44 (1) shall be punished by imprisonment for not more than one year or by a fine of five million won or less. |
| Article 61 (Joint Penal Provisions) |
In cases where the representative of a corporation or an agent, servant or employee of a corporation or an individual commits an offense in violation of Article 60 in connection with the business of the corporation or the individual, not only the wrongdoer shall be punished but also the corporation or the individual shall be subject to the penalty of a fine as prescribed in the same Article.
| Article 62 (Fines for Negligence) |
| (1) | Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won: <Amended by Act No. 6677, Mar. 25, 2002> |
| 1. | Any person who fails to maintain or operate the facilities, manpower, equipments, etc. pursuant to the criteria for designation of emergency medical institutions, in violation of Article 31-2; |
| 2. | Any person who fails to secure the beds in reserve or allows other person than the emergency patient to use the beds in reserve, in violation of Article 33; |
| 3. | Any person who fails to observe the matters to be observed or fails to perform the duty of recording his/her being called out and providing treatments, in violation of Article 39 or 49 (1) through (3); |
| 4. | Any person who fails to obtain a modified license or to make a report under Article 51 (3), 53 or 54 (3); |
| 5. | Any person who uses such titles as a licensed emergency medical rescuer, the National Emergency Medical Center, etc. or any titles similar thereto, in violation of Article 59, or uses any titles related to the treatment of emergency patients or indicating them outside. |
| (2) | The fines for negligence under paragraph (1) shall be imposed and collected by the Minister for Health, Welfare and Family Affairs or the Mayor/ |
| (3) | Any person who is dissatisfied with a disposition of a fine for negligence under paragraph (2) may file a complaint with an imposing authority within 30 days from the date of receipt of the said disposition. |
| (4) | An imposing authority shall, in cases where a person subjected to the disposition of a fine for negligence under paragraph (2) raises an objection under paragraph (3), notify without delay the competent court thereof, and the court so notified shall proceed to a trial on the fine for negligence in accordance with the Non-Contentious Case Litigation Procedure Act. |
| (5) | In cases where neither objection is raised nor the fine for negligence is paid within the period as specified by paragraph (3), the said fine shall be collected according to the practices of dispositions on the national or local taxes in arrears. |
| Article 63 (Reduction of or Exemption from Punishment for First-Aid Treatment and Medical Service) |
| (1) | In cases where an emergency patient is brought to death or injury due to emergency medical service urgently provided by a person engaged in emergency medical service in order to prevent a risk to life, a grave mental or physical harm or ingravescence of symptoms of the emergency patient, when the emergency medical service provided is unavoidable and no gross negligence exists in the person who has provided the emergency medical service, a punishment under Article 268 of the Criminal Act may be reduced or exempted in consideration of the extenuating circumstances. |
| (2) | In cases where an emergency patient is brought to death or injury due to first-aid treatment (including cases where an automated external defibrillator is used) urgently provided by a person liable to provide first-aid treatment under subparagraph 1 (b) of Article 5-2 in order to prevent a risk to life, a grave mental or physical harm or ingravescence of symptoms of the emergency patient, when the relevant first-aid treatment is unavoidable and no gross negligence exists in the person who has provided the first-aid treatment, a punishment may be reduced or exempted in consideration of the extenuating circumstances. |
[This Article Wholly Amended by Act No. 9124, Jun. 13, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Article 2 (Transitional Measures concerning Emergency Medical Institutions)
| (1) | A general hospital which was an emergency medical center at the time of the enforcement of this Act shall be deemed to be a local emergency medical center designated by the Mayor/ |
| (2) | A hospital or a clinic which was designated as an emergency medical institution at the time of the enforcement of this Act shall be deemed to be a local emergency medical institution designated by the head of a |
Article 3 (Transitional Measures concerning Emergency Medical Service Information Center)
An emergency patient information center at the time of the enforcement of this Act shall be deemed to be an emergency medical service information center under this Act.
Article 4 (Transitional Measures concerning Licensed Emergency Medical Rescuer)
An emergency medical rescuer who has obtained recognition of qualifications from the Minister of Health and Welfare in accordance with the previous provisions at the time of the enforcement of this Act shall be deemed to be a licensed emergency medical rescuer under this Act.
Article 5 (Transitional Measures concerning Transfer Business)
A person who has obtained a transfer business license from the Minister of Health and Welfare at the time of the enforcement of this Act shall be deemed to have obtained a transfer business license from the competent Mayor/Do Governor under this Act.
Article 6 (General Transitional Measures concerning Administrative Dispositions, etc.)
Administrative decisions and other acts that have been made by the administrative agencies, and the acts such as diverse reports, etc. to the said agencies, under previous provisions at the time of the enforcement of this Act shall be deemed to be the acts done by or to the administrative agencies, pursuant to the provisions corresponding thereto, if any, of this Act.
Article 7 (Transitional Measures concerning Penal Provisions and Fine for Negligence)
In applying the penal provisions and disposing of a fine for negligence on the offenses prior to the enforcement of this Act, the previous provisions shall govern.
ADDENDA<Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 6677, Mar. 25, 2002>
| (1) | (Enforcement Date) This Act shall enter into force on October 1, 2002. |
| (2) | (Transitional Measures concerning Write-Off of Surrogate Payments) The amended provisions of Article 22 (5) shall also apply to the surrogate payments incurred at the time of enforcement of this Act. |
ADDENDA<Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 7449, Mar. 31, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 7545, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDUM<Act No. 8648, Oct. 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM<Act No. 8692, Dec. 14, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9124, Jun. 13, 2008>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Exemption from Responsibility for Emergency Medical Service or First-Aid Treatment) The amended provisions of Articles 5-2 and 63 (2) shall apply beginning with the first emergency medical service or first-aid treatment after this Act enters into force. |
ADDENDA<Act No. 9305, Dec. 31, 2008>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Applicability) The amended provisions of Article 20 (2) shall apply beginning with the budget of the fiscal year 2010. |
| (3) | (Term of Validity) The amended provision of Article 20 (2) 1 shall be valid until December 31, 2012. |
ENFORCEMENT DECREE OF THE EMERGENCY MEDICAL SERVICE ACT
| ENFORCEMENT DECREE OF THE EMERGENCY MEDICAL SERVICE ACT | No.36062 | 20260131 |
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| ENFORCEMENT DECREE OF THE EMERGENCY MEDICAL SERVICE ACT | No.21882 | 20091214 |
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| ENFORCEMENT DECREE OF THE EMERGENCY MEDICAL SERVICE ACT | No.15598 | 19980101 |
| ENFORCEMENT DECREE OF THE EMERGENCY MEDICAL SERVICE ACT | No.14496 | 19950101 |
| Article 1 (Purpose) |
The purpose of this Decree is to prescribe matters mandated by the Emergency Medical Service Act and matters necessary for the enforcement thereof. <Amended on Jun. 11, 2008>
| Article 2 (Standards and procedures for transfer of non-emergency patients) |
| (1) | If a patient visiting an emergency medical institution is not deemed an emergency patient but is deemed in need of medical treatment, a medical professional may, under Article 7 of the Emergency Medical Services Act (hereinafter referred to as the “Act”), obtain the consent of the patient or their legal representative and refer the patient to a medical facility other than the emergency room or transfer the patient to another medical institution. <Amended on Jun. 11, 2008> |
| (2) | Where a medical professional refers a patient who is not an emergency patient under paragraph (1) to a medical facility other than an emergency room or transfers them to another medical institution, they shall explain the reason the patient does not fall under the category of an emergency patient and recommend the necessary treatment and medical department. |
| (3) | Where the head of a medical institution transfers a patient who is not an emergency patient under paragraph (1) to another medical institution, they shall immediately provide the medical records necessary for treatment if the receiving medical institution, the patient, or their legal representative requests such records. |
| Article 3 (Formulation of annual implementation plans) |
The Minister of Health and Welfare shall establish an annual implementation plan under the master plan for emergency medical services by October 31 of the year preceding the year of implementation, under Article 13-2 (5) of the Act.
[This Article Wholly Amended on Aug. 3, 2012]
| Article 4 Deleted. <Aug. 3, 2012> |
| Article 5 (Evaluation of regional implementation plan for emergency medical services) |
| (1) | For the purpose of an evaluation under Article 13-3 (3) of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a |
| (2) | For the purpose of an evaluation under Article 13-3 (3) of the Act, a Mayor/ |
[This Article Wholly Amended on Aug. 3, 2012]
| Article 5-2 (Scope of data) |
| (1) | The Minister of Health and Welfare may, under Article 13-4 (1) of the Act, request the following data on emergency patients for the formulation and implementation of the master plan for emergency medical services under Article 13-2 (1) of the Act. In such cases, the request shall be limited to data from the past 3 years from the date of the request: |
| 1. | Data on health insurance for insured persons and their dependents under Article 5 of the National Health Insurance Act, and data on requests to review health care benefit expenses under Article 47 (2) of that Act; |
| 2. | Data on claims to review medical benefit expenses under Article 11 (2) of the Medical Care Assistance Act; |
| 3. | Data on claims for and decisions on insurance benefits under Article 36 (2) of the Industrial Accident Compensation Insurance Act; |
| 4. | Data on claims for charges for medical treatment covered by vehicle insurance under Article 12 (2) of the Compulsory Motor Vehicle Liability Security Act; |
| 5. | Logbook recording rescue and emergency medical service activities under Article 22 (2) of the Act on 119 Rescue and Emergency Medical Services; |
| 6. | Resident registration records of each person and each household under Article 7 (1) of the Resident Registration Act; |
| 7. | Data on the registration of persons with disabilities under Article 32 (1) of the Act on Welfare of Persons with Disabilities; |
| 8. | Data, statistics, or information related to traffic accident investigations under Article 51 of the Traffic Safety Act. |
| (2) | The scope of data that a Mayor/ |
| 1. | Data on duties performed under Article 25 (1) 1 and 5 through 10 of the Act by the National Emergency Medical Center established under Article 25 (1) of the Act; |
| 2. | Status of facilities, equipment, and personnel of the following institutions located in their jurisdiction, and statistical data on activities performed by such institutions: |
| (a) | A regional emergency medical center designated under Article 26 (1) of the Act; |
| (b) | A specialized emergency medical center designated under Article 29 (1) of the Act; |
| (c) | A local emergency medical center designated under Article 30 (1) of the Act; |
| (d) | A local emergency medical institution designated under Article 31 (1) of the Act; |
| 3. | Data on the duties performed by an emergency medical center for each region established under Article 27 (1) of the Act, in accordance with Article 27 (2) 3, 7, and 8 of the Act. |
| (3) | The Minister of Health and Welfare shall produce and manage the following information by utilizing data collected under paragraph (1): |
| 1. | Status of the occurrence of emergency patients by region, disease group, and time of day; |
| 2. | Distribution of emergency medical service resources; |
| 3. | Status of transport of emergency patients and use of medical institutions under Article 3 of the Medical Service Act; |
| 4. | Courses and results of medical treatment of emergency patients; |
| 5. | Other information necessary to ascertain flows of emergency patients and emergency medical services provided. |
| (4) | The Minister of Health and Welfare shall delete personally identifiable information, such as resident registration numbers, immediately after they has produced information under paragraph (3), and also destroy data collected under paragraph (1) under Article 21 of the Personal Information Protection Act. |
[This Article Added on Jul. 24, 2015]
| Article 6 (Central Emergency Medical Service Committee) |
| (1) | The term of office of commissioned members under Article 13-5 (5) of the Act (hereafter in this Article referred to as "commissioned members") shall be 3 years. <Amended on Jul. 29, 2025> |
| (2) | Where a commissioned member falls under any of the following, the chairperson of the Central Emergency Medical Service Committee (hereafter in this Article referred to as the "Committee") established under Article 13-5 of the Act may dismiss the relevant member: <Added on May 10, 2016; Jul. 29, 2025> |
| 1. | Where they become unable to perform their duties due to a mental or physical disability; |
| 2. | Where they commit misconduct in relation to their duties; |
| 3. | Where they are deemed unfit to serve as a member due to neglect of duties, injury to dignity, or other reasons; |
| 4. | Where they express that it is impracticable for them to perform their duties. |
| (3) | The chairperson of the Committee (hereafter in this Article referred to as the "chairperson") shall represent the Committee and exercise overall control over the business affairs of the Committee. <Amended on May 10, 2016; Jul. 29, 2025> |
| (4) | Meetings of the Committee shall be convened by the chairperson where the chairperson deems it necessary or at the request of at least 1/3 of all incumbent members. <Amended on May 10, 2016; Dec. 28, 2021; Jul. 29, 2025> |
| (5) | 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. <Amended on May 10, 2016> |
| (6) | The Committee shall have 1 executive secretary, appointed by the Minister of Health and Welfare from among members of the Senior Executive Service of the Ministry of Health and Welfare. <Amended on May 10, 2016> |
| (7) | The Committee may establish specialized committees by field under its control to professionally review matters for deliberation. <Added on Dec. 28, 2021> |
| (8) | Allowances, travel expenses, and other necessary expenses may be paid to the Committee members, relevant public officials, or related experts who attend the meetings of specialized committees within the budget; provided, this shall not apply where a public official member or a related public official attends the meeting in direct relation to their duties. <Amended on May 10, 2016; Dec. 28, 2021> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the operation of the Committee and specialized committees shall be determined by the chairperson following deliberation by the Committee. <Amended on May 10, 2016; Dec. 28, 2021; Jul. 29, 2025> |
[This Article Wholly Amended on Aug. 3, 2012]
| Article 7 (Establishment of City/Do emergency medical committee) |
| (1) | A City/ |
| (2) | The chairperson and the vice-chairperson shall be appointed by the Mayor/ |
| 1. | Persons representing emergency medical institutions; |
| 1-2. | A person who represents a regional trauma center designated under Article 30-2 of the Act; |
| 2. | Persons representing emergency medical centers; |
| 3. | Firefighting officials in charge of emergency medical services in the firefighting headquarters of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, |
| 4. | Public officials in charge of business affairs related to emergency medical services of the City/ |
| 5. | Persons representing non-profit, non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act; |
| 6. | Persons who have extensive knowledge of and experience in emergency medical services. |
| (3) | Where a member of the City/ |
| 1. | Where they become unable to perform their duties due to a mental or physical disability; |
| 2. | Where they commit misconduct in relation to their duties; |
| 3. | Where they are deemed unfit to serve as a member due to neglect of duties, injury to dignity, or other reasons; |
| 4. | Where they express that it is impracticable for them to perform their duties. |
[Title Amended on Aug. 3, 2012]
| Article 7-2 (Composition and operation of City/Do emergency medical team) |
Matters related to the composition and operation of the City/Do emergency medical team under Article 13-6 (3) of the Act (hereafter in this Article referred to as "emergency medical team") shall be prescribed by ordinance of the relevant City/Do , in accordance with the following standards:
| 1. | The emergency medical team shall be comprised of the chief and team members performing the duties of the emergency medical team; |
| 2. | The chief of the emergency medical team shall be appointed from among public officials in general service in charge of duties related to emergency medical services of the relevant City/ |
[This Article Added on Dec. 20, 2022]
[(previous) Article 7-2 moved to Article 7-3 <Dec. 20, 2022>]
| Article 7-3 (Persons subject to education on rescue and first aid) |
"Persons prescribed by Presidential Decree" in Article 14 (1) 12 of the Act means the firefighting safety controllers of the special-grade object subject to firefighting safety control under subparagraph 1 a of Appendix 4 of the Enforcement Decree of the Act on the Prevention of Fire and Safety Control and the first-grade object subject to firefighting safety control under subparagraph 2 a of that Appendix; provided, those who have received the training (only applicable to the training that meets the content and duration requirements of education under Article 14 (1) of the Act) conducted by the Fire Commissioner under Article 34 of the Fire Prevention and Safety Control Act shall be excluded.
[This Article Wholly Amended on Jul. 29, 2025]
| Article 8 (Formulation of education and public relations plans for first aid) |
| (1) | The Minister of Health and Welfare and the Mayor/ |
| (2) | An education and public relations plan shall include the following: |
| 1. | Persons subject to, details and methods of education and public relations; |
| 2. | Other matters necessary for education and public relations on first aid procedures. |
| (3) | The Minister of Health and Welfare and the Mayor/ |
[This Article Added on Dec. 31, 2008]
| Article 8-2 (Contents of emergency response manual) |
| (1) | The emergency response manual of the State under Article 15-3 (1) of the Act, shall include the following: <Amended on Oct. 8, 2024> |
| 1. | Guide to the roles of each agency and the command system related to the provision of emergency medical services at disaster scenes; |
| 2. | Emergency medical service system at disaster scenes; |
| 3. | Composition and operation of personnel to provide emergency medical services at disaster scenes; |
| 4. | Status of facilities, equipment, and personnel of emergency medical institutions mainly engaged in medical treatment of emergency patients and support for emergency medical services in the event of a disaster; |
| 5. | Selection of disaster victims who urgently need psychological treatment at an initial stage, and methods of psychological treatment; |
| 6. | Stockpiling and managing supplies necessary to provide emergency medical services at disaster scenes; |
| 7. | Communications system to provide emergency medical services at disaster scenes; |
| 8. | Education and training regarding the provision of emergency medical services at disaster scenes; |
| 9. | Other matters necessary to provide emergency medical services for each type of disaster. |
| (2) | The emergency response manual of a local government under Article 15-3 (1) of the Act shall include the following: <Amended on Oct. 8, 2024> |
| 1. | Status of medical institutions that have organized personnel to provide emergency medical services at disaster scenes and the details of the organization of personnel of each medical institution to provide emergency medical services; |
| 2. | Providing and utilizing equipment necessary to provide emergency medical services at disaster scenes; |
| 3. | Status of emergency medical institutions in the jurisdiction of the local government and an emergency communications network; |
| 4. | Types, quantities, stockpiling institutions, and management of supplies necessary for providing emergency medical support in disasters within the jurisdiction; |
| 5. | Status and management of a communications network to provide emergency medical services in the jurisdiction of the local government; |
| 6. | Matters necessary to conduct education and training regarding the provision of emergency medical services at disaster scenes; |
| 7. | Other matters the head of the local government deems necessary to provide emergency medical services at disaster scenes. |
[This Article Added on Sep. 18, 2014]
| Article 8-3 (Education on emergency response manual) |
| (1) | Emergency medical personnel of an emergency medical institution shall undergo education about the emergency response manual under Article 15-3 (2) of the Act; and the Minister of Health and Welfare shall annually determine and publicly notify the number of persons, etc. subject to education for each local government and by occupation. <Amended on Oct. 8, 2024> |
| (2) | The State and local governments shall provide education on the emergency response manual, including basic education necessary for emergency medical services at disaster scenes and support therefor, as well as courses for practicing emergency medical services, and the hours of education shall be at least 12 hours each year. <Amended on Jul. 29, 2025> |
| (3) | The State and local governments may provide trainees with subsidies to cover actual expenses, such as meal and transportation expenses, and training participation fees, within the budget under Article 15-3 (2) of the Act. In such cases, matters necessary for the calculation and payment procedures of such expenses shall be determined and publicly notified by the Minister of Health and Welfare. <Amended on Oct. 8, 2024> |
[This Article Added on Sep. 18, 2014]
| Article 9 (Rescue and emergency treatment in the event of mass casualty incidents) |
| (1) | In the event of a disaster, etc. that has caused mass casualties, the Minister of Health and Welfare or each Mayor/ |
| (2) | When a Mayor/ |
| (3) | When a mass casualty incident occurs, the Mayor/ |
| Article 10 (Establishment of response plans for mass casualty incidents) |
| (1) | In accordance with Article 18 (3) of the Act, the Minister of Health and Welfare or the Mayor/ |
| (2) | Each plan to take measures under paragraph (1) shall include the following: |
| 1. | Organizing and utilizing personnel, equipment, and facilities for emergency medical services; |
| 2. | Establishing a system for cooperation with relevant agencies; |
| 3. | Emergency medical training. |
| Article 11 (Accounting institution of Fund) |
The Minister of Health and Welfare shall appoint a revenue collector, a financial officer, a disbursing officer, and an accounting officer, from among public officials under their jurisdiction; and require them to engage in business affairs regarding revenue and expenditure of the Emergency Medical Service Fund (hereinafter referred to as the "Fund") under Article 19 (1) of the Act. <Amended on Feb. 29, 2008; Mar. 15, 2010>
| Article 12 (Entrustment of business affairs of Fund) |
| (1) | The Minister of Health and Welfare shall entrust tasks regarding subrogated payment of unpaid charges under subparagraph 1 of Article 21 of the Act, to the Health Insurance Review and Assessment Service (hereinafter referred to as the "Review and Assessment Service") under Article 62 of the National Health Insurance Act, among tasks regarding the management and operation of the Fund under Article 19 (2) of the Act. <Amended on Feb. 29, 2008; Jun. 11, 2008; Mar. 15, 2010; Aug. 3, 2012; Aug. 31, 2012> |
| (2) | The Minister of Health and Welfare shall allocate and pay expenses incurred in conducting tasks entrusted by the Fund under paragraph (1) (hereinafter referred to as "entrusted business expenses") to the Review and Assessment Service. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 13 (Formulation of plans to manage and operate entrusted business expenses) |
| (1) | The President of the Review and Assessment Service (hereinafter referred to as the "President of the Review and Assessment Service") shall formulate a plan to manage and operate entrusted business expenses; and shall obtain approval from the Minister of Health and Welfare at least 2 months prior to the following fiscal year. Amending such plan shall be subject to approval by the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | Each plan to manage and operate entrusted business expenses under paragraph (1), shall include the following: |
| 1. | Matters regarding revenue and expenditure of entrusted business expenses; |
| 2. | Statement explaining the details of business and uses of entrusted business expenses. |
| Article 14 (Uses of entrusted business expenses) |
Entrusted business expenses shall be used as follows: <Amended on Aug. 3, 2012>
| 1. | Expenses incurred in making subrogated payment of unpaid charges under Article 22 (1) of the Act; |
| 2. | Personnel expenses and travel expenses incurred in reviewing subrogated payments for unpaid charges and the exercise of the right of recourse for such payments; |
| 3. | Administrative expenses, including consumables, incurred in reviewing subrogated payment of unpaid charges and seeking recourse of such payments; |
| 4. | Other expenses incurred in conducting entrusted tasks. |
| Article 15 (Accounting of entrusted business expenses) |
| (1) | The President of the Review and Assessment Service shall establish and manage a special account for entrusted business expenses, separately from any other accounting of the Review and Assessment Service. |
| (2) | The President of the Review and Assessment Service shall prescribe procedures and methods for accounting of entrusted business expenses after obtaining approval from the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 16 (Settlement of accounts of entrusted business expenses) |
| (1) | The President of the Review and Assessment Service shall prepare and report settlements of accounts of entrusted business expenses for the relevant year to the Minister of Health and Welfare within 2 months after the end of the relevant fiscal year. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | A report on settlements of accounts of entrusted business expenses under paragraph (1) shall include the following: |
| 1. | Details regarding the use of entrusted business expenses; |
| 2. | Details of the final accounts of entrusted business expenses. |
| (3) | Where a surplus occurs after the settlement of accounts of each fiscal year, the President of the Review and Assessment Service shall carry it over to the following year’s budget and record it as revenue. |
| Article 17 (Medical support in the event of disasters) |
Medical support under subparagraph 4 of Article 21 of the Act shall be the provision of travel expenses incurred in delivering emergency medical services by medical personnel in a disaster, and other expenses corresponding thereto.
| Article 18 (Persons eligible for subrogated payment of unpaid charges) |
Persons eligible for subrogated payment of unpaid charges under Article 22 of the Act shall be limited to emergency patients who do not fall under any of the following subparagraphs: <Amended on Aug. 3, 2012>
| 1. | Persons to whom emergency medical service expenses (hereinafter referred to as "emergency medical service expenses") are paid in full under other statutes or regulations; |
| 2. | Persons to whom some emergency medical service expenses are paid under other statutes or regulations, and who are capable of paying the remainder of such emergency medical service expenses. |
[Title Amended on Aug. 3, 2012]
| Article 19 (Scope of subrogated payment of unpaid charges) |
The scope of subrogated payment of unpaid charges under Article 22 of the Act shall be limited to the portion of the following expenses that an emergency patient is liable to pay: <Amended on Aug. 3, 2012>
| 1. | Emergency medical service expenses charged by a medical institution; |
| 2. | Transport and first aid fees (excluding where a medical institution operates an ambulance, etc.) under Article 24 of the Act charged by an operator of ambulances, etc. |
[Title Amended on Aug. 3, 2012]
| Article 20 (Claim and review procedures for subrogated payment of unpaid charges) |
| (1) | If a medical institution or an operator of ambulances, etc. intends to receive subrogated payment of unpaid charges under Article 22 (1) of the Act, they shall file a claim for such subrogated payment with the President of the Review and Assessment Service, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Aug. 3, 2012> |
| (2) | A claim for subrogated payment of unpaid charges under paragraph (1) shall be filed within 3 years from the date of completion of medical treatment or the date of completion of patient transport. <Amended on Aug. 3, 2012> |
| (3) | The President of the Review and Assessment Service shall review the details of a claim for subrogated payment of unpaid charges filed by a medical institution, etc. under paragraph (1), and shall make such subrogated payment. <Amended on Aug. 3, 2012> |
| (4) | Matters necessary for the review of claims for subrogated payment of unpaid charges shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Aug. 3, 2012> |
[Title Amended on Aug. 3, 2012]
| Article 21 (Recourse of subrogated payment) |
If the President of the Review and Assessment Service has made subrogated payment of unpaid charges under Article 22 (2) of the Act, they shall, without delay, demand repayment of the full amount from any of the following persons under Article 22 (4) of the Act (hereinafter referred to as “repayment obligor”) within a specified payment deadline; in such cases, upon the request of the repayment obligor, payment may be made in installments within a period not exceeding 48 months: <Amended on Aug. 3, 2012; Dec. 28, 2021; Jul. 29, 2025>
| 1. | The emergency patient themselves and their spouse; |
| 2. | A lineal blood relative of the emergency patient within the first degree of kinship and their spouse; |
| 3. | A person liable to pay medical expenses under other statutes or regulations. |
[Title Amended on Aug. 3, 2012]
| Article 22 (Treatment of repayments) |
If the President of the Review and Assessment Service recovers subrogated payment from a repayment obligor under Article 22 (4) of the Act, the amount recovered shall be deposited into the account for entrusted business expenses under Article 15 (1). <Amended on Aug. 3, 2012>
| Article 23 (Treatment of subrogated payment that cannot be recovered) |
| (1) | The scope of subrogated payment that cannot be recovered and may be subject to write-off under Article 22 (7) and (8) of the Act shall be as follows: <Amended on Aug. 3, 2012; Dec. 20, 2022> |
| 1. | Where the whereabouts of the repayment obligor are unknown, or it is found that they have no properties sufficient for repayment; |
| 2. | Where the extinctive period of prescription on the relevant right has elapsed; |
| 3. | Where the President of the Review and Assessment Service deems it impossible to recover the amount. |
| (2) | If the President of the Review and Assessment Service intends to write off subrogated payment that cannot be recovered under Article 22 (7) of the Act, they shall investigate and verify the whereabouts or the existence of properties of the repayment obligor through local governments, tax offices, or other relevant institutions; provided, this shall not apply where the amount in arrears is less than 100,000 won. <Amended on Aug. 3, 2012; Dec. 20, 2022> |
[Title Amended on Aug. 3, 2012]
| Article 23-2 (Entrustment of operation of national emergency medical center) |
Pursuant to Article 25 (2) of the Act, the Minister of Health and Welfare shall entrust the tasks regarding the operation of the National Emergency Medical Center established under paragraph (1) of that Article to the National Medical Center established under the Act on Establishing and Administrating the National Medical Center.
[This Article Added on Dec. 20, 2022]
[(previous) Article 23-2 moved to Article 23-3 <Dec. 20, 2022>]
| Article 23-3 (Entrustment of operation of emergency medical center) |
| (1) | A relevant specialized institution, corporation, or organization to which tasks regarding the operation of an emergency medical center may be entrusted under Article 27 (3) of the Act shall be as follows: <Amended on Dec. 20, 2022> |
| 1. | The National Emergency Medical Center designated under Article 25 (1) of the Act; |
| 2. | A regional emergency medical center designated under Article 26 (1) of the Act; |
| 3. | A public institution under Article 4 of the Act on the Management of Public Institutions. |
| (2) | Where the Minister of Health and Welfare entrust tasks under Article 27 (3) of the Act, they shall publicly notify the entrusted entity and the entrusted tasks. |
[This Article Added on Jul. 24, 2015]
| Article 24 (Providing information to emergency medical center about emergency medical institutions, etc.) |
| (1) | Information on emergency medical services which the head of an emergency medical center may request from the head of an emergency medical institution or an operator of ambulances, etc. to provide under Article 28 (1) of the Act shall be as follows: <Amended on Jul. 24, 2015> |
| 1. | Medical personnel, the scale, facilities, medical devices, and equipment of the intensive care unit and the emergency department; |
| 2. | Organization, equipment, and operating personnel of ambulances, etc.; |
| 3. | Medical staff working at an emergency department, on-duty emergency medical personnel, and the number of beds available in the emergency department; |
| 4. | Information on the patient's major symptoms, vital signs, test results, etc., to be provided to another medical institution for consultation, where a medical professional has requested the head of the emergency medical center to consult with another medical institution before deciding on the transfer of an emergency patient under Article 11 of the Act; |
| 5. | Matters required by the head of an emergency medical center as deemed necessary regarding major medical facilities, medical equipment, diseases subject to emergency surgery, the status of admission and transfer of emergency patients, and other matters related to emergency medical services. |
| (2) | If the head of an emergency medical institution or an operator of ambulances, etc. is requested by the head of an emergency medical center to take necessary measures, such as dispatching an ambulance, etc., the admission of an emergency patient, and consultation with another medical institution, under Article 28 (2) of the Act, they shall notify the head of an emergency medical center of the dispatch status of the ambulance, etc., the treatment status of the emergency patient, and the results thereof. <Amended on Jul. 24, 2015> |
| (3) | If the head of a local government, police agency, firefighting government office, and military unit was requested by the head of an emergency medical center to provide cooperation for emergency medical service, such as dispatching an ambulance, etc., and has taken such measures, they shall notify the head of the emergency medical center of the dispatch status of ambulance, etc., the support status of personnel and equipment, the status of emergency patient management, and the outcome thereof. <Amended on Jul. 24, 2015> |
| (4) | If information provided to an emergency medical center under paragraphs (1) and (2) is changed, the head of an emergency medical institution or an operator of ambulances, etc. shall immediately notify the emergency medical center of such change. <Amended on Jul. 24, 2015> |
[Title Amended on Jul. 24, 2015]
| Article 25 (Training course for emergency medical technicians) |
| (1) | A training course for emergency medical technicians under Article 36 (3) 1 of the Act shall be classified into lectures, practice, and practical training course, and subjects and hours of education for each course shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | A person entitled to take a training course under paragraph (1) shall be a high school graduate (including a graduate-to-be in the relevant year) defined in subparagraph 4 of Article 2 of the Elementary and Secondary Education Act or a person who has academic background equivalent thereto. <Amended on Jun. 11, 2008> |
| (3) | The head of a training institute may grant exemption from some subjects and hours of education under paragraph (1) depending on a trainee's academic background, career, and qualifications, as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 26 (Entrustment of administration of examinations for emergency medical technicians) |
The Minister of Health and Welfare shall entrust tasks regarding the administration of examinations for emergency medical technicians, to the Korea Health Personnel Licensing Examination Institute under the Korea Health Personnel Licensing Examination Institute Act under Article 36 (4) of the Act.
[This Article Wholly Amended on Dec. 22, 2015]
| Article 26-2 (Report on actual conditions and employment status of emergency medical technicians) |
| (1) | An emergency medical technician shall report to the Minister of Health and Welfare on the actual conditions and employment status thereof by December 31 of every third year from the date they obtain the emergency medical technician’s license under Article 36-3 (1) of the Act. |
| (2) | If an emergency medical technician files a report under paragraph (1), they shall submit to the Minister of Health and Welfare a written report (including an electronic form) describing the employment status and other matters of emergency medical technicians prescribed by the Decree of the Ministry of Health and Welfare, along with documents (including electronic documents) certifying the completion of or exemption from continuing education for emergency medical technicians under Article 43 of the Act. |
| (3) | The Minister of Health and Welfare may, if deemed necessary for the efficient handling of the duties of reporting on the actual conditions and employment status of emergency medical technicians under Article 36-3 (1) of the Act, establish and operate an information processing system capable of electronically handling such duties. |
[This Article Added on May 29, 2017]
[(previous) Article 26-2 moved to Article 26-4 <May 29, 2017>]
| Article 26-3 (Entrustment of tasks) |
| (1) | The Minister of Health and Welfare may, under Article 36-3 (3) of the Act, entrust tasks relating to receipt of reports on the actual conditions and employment status of emergency medical technicians under paragraph (1) of that Article to the following agencies, institutions, or organizations: |
| 1. | Public agencies under Article 4 of the Act on the Management of Public Institutions, the purposes of establishment of which are related to health and medical care or human resources development; |
| 2. | Institutions or organizations established with emergency medical technicians as their members, which have nationwide organizations; |
| 3. | Institutions or organizations equipped with organizations, personnel, expertise, etc. needed to perform entrusted tasks, which are determined and publicly notified by the Minister of Health and Welfare. |
| (2) | If the Minister of Health and Welfare intends to entrust tasks relating to receipt of reports on the actual conditions and employment status of emergency medical technicians under Article 36-3 (3) of the Act, they shall publicly announce matters regarding the criteria, procedure, methods, etc. of entrustment thereof in advance. |
| (3) | If the Minister of Health and Welfare entrusts tasks relating to receipt of reports on the actual conditions and employment status of emergency medical technicians under Article 36-3 (3) of the Act, they shall publicly notify matters relating to the details of entrustment, entrusted entity, etc. in the Official Gazette, and publish them on the website of the Ministry of Health and Welfare. |
| (4) | An institution entrusted with the tasks relating to receipt of reports on the actual conditions and employment status of emergency medical technicians under Article 36-3 (3) of the Act shall report to the Minister of Health and Welfare on the business operation plan, business implementation status, fund management plan, fund implementation status, etc. |
| (5) | Specified matters necessary for the public announcement of entrustment criteria, etc., public notice of details of entrustment, etc., or reports on the entrusted tasks, etc. under paragraph (2) through (4) shall be determined and publicly notified by the Minister of Health and Welfare. |
[This Article Added on May 29, 2017]
| Article 26-4 (Standards for restriction on eligibility for examination for emergency medical technicians) |
The standards for restriction on eligibility for an examination for emergency medical technicians under Article 38 (2) of the Act shall be as specified in Appendix 1.
[This Article Added on Dec. 28, 2021]
[(previous) Article 26-4 moved to Article 26-5 <Dec. 28, 2021>]
| Article 26-5 (Multi-family housing required to be equipped with emergency equipment) |
| (1) | "Scale prescribed by Presidential Decree" in Article 47-2 (1) 6 of the Act means 500 households. |
| (2) | "Facilities prescribed by Presidential Decree" in Article 47-2 (1) 6-3 of the Act means management offices and information facilities established in a district for public convenience facilities in accordance with a plan to establish tourist destinations and tourism complexes under Article 46 (1) of the Enforcement Decree of the Tourism Promotion Act. <Added on Feb. 6, 2024> |
| (3) | "Public-use facilities prescribed by Presidential Decree" in Article 47-2 (1) 7 of the Act means any of the following facilities: <Amended on Jul. 7, 2014; Jul. 24, 2015; Jul. 28, 2020; Feb. 6, 2024> |
| 1. | A waiting room which has a total floor area of over 2,000 square meters or which was used by an average of over 10,000 daily passengers in the preceding year, among waiting rooms at the railroad stations (excluding railroad stations on the sections of an intercity railroad defined in subparagraph 2 b of Article 2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas and an urban railroad defined in subparagraph 2 of Article 2 of the Urban Railroad Act); |
| 2. | A waiting room which has a total floor area of over 2,000 square meters or which was used by an average of over 3,000 daily passengers in the preceding year, among waiting rooms at a bus terminal defined in subparagraph 5 of Article 2 of the Passenger Transport Service Act; |
| 3. | A waiting room which has a total floor area of over 2,000 square meters or which was used by an average number of over 1,000 daily passengers in the preceding year, among waiting rooms defined in subparagraph 5 b 3) of Article 2 of the Harbor Act; |
| 4. | A casino facility which has the floor area for exclusive use for business of over 2,000 square meters, among casino facilities under Article 5 (1) of the Tourism Promotion Act; |
| 5. | A racecourse under Article 4 of the Korean Racing Authority Act; |
| 6. | A racing track under Article 5 (1) of the Bicycle and Motorboat Racing Act; |
| 7. | A correctional facility, juvenile correctional facility and detention facility under Article 11 of the Act on Execution of Sentences and Treatment of Inmates; an immigration detention center defined in subparagraph 13 of Article 2 of the Immigration Act; and a youth detention center under the Act on the Treatment of Protected Juveniles; |
| 8. | A stadium and sports complex with the total seating capacity of over 5,000 among specialized sports facilities under Article 5 of the Installation and Utilization of Sports Facilities Act; |
| 9. | A central administrative agency office building determined by the Minister of Health and Welfare; |
| 10. | A City/ |
[This Article Wholly Amended on Aug. 3, 2012]
[Moved from Article 26-4 <Dec. 28, 2021>]
| Article 27 (Changes to emergency patient transportation business license) |
| (1) | The important matters for which a person licensed to operate an emergency patient transportation business shall obtain permission for change from the competent Mayor/ |
| 1. | Changes in business area; |
| 2. | Increase or decrease in ambulances. |
| (2) | Matters that a person licensed to operate an emergency patient transportation business shall report to the competent Mayor/ |
| 1. | Change of the representative or trade name; |
| 2. | Change of the name and location of the office (including a branch office or place of business). |
| Article 27-2 (Processing of sensitive information and personally identifiable information) |
| (1) | If unavoidable for performing the following business affairs, the head of the Fund management agency under Article 22 (1) of the Act may process health information under Article 23 of the Personal Information Protection Act, resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act: <Amended on Dec. 20, 2022> |
| 1. | Business affairs regarding subrogated payment of unpaid charges under Article 22 of the Act; |
| 2. | Business affairs regarding requests for providing data under Article 22-2 of the Act. |
| (2) | If unavoidable for performing the following business affairs, the Minister of Health and Welfare (including a person entrusted with duties of the Minister of Health and Welfare under Article 23-3 and 26) may process health information under Article 23 of the Personal Information Protection Act, criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of that Decree: <Amended on Jul. 24, 2015; Dec. 20, 2022> |
| 1. | Business affairs regarding requests for cooperation in providing, etc. data, managing and utilizing data to formulate and implement a master plan for emergency medical services under Article 13-4 (1) and (3) of the Act; |
| 2. | Business affairs regarding recognizing qualifications for emergency medical technicians under Article 36 of the Act, and verifying grounds for disqualification under Article 37 of the Act; |
| 3. | Business affairs regarding punishment for cheating under Article 38 of the Act; |
| 4. | Business affairs regarding requests for providing information on emergency medical services under Article 28 (1) of the Act and providing information under Article 28 (2) of the Act. |
| (3) | If unavoidable for performing the following business affairs, the Minister of Health and Welfare, a Mayor/ |
| 1. | Business affairs regarding taking measures in cases of mass casualty incidents under Article 18 of the Act; |
| 2. | Business affairs regarding the licensing and other matters related to the transportation business under Article 51 of the Act; |
| 3. | Business affairs regarding reporting of temporary business suspension, etc. of the transportation business under Article 53 of the Act; |
| 4. | Business affairs regarding taking administrative measures under Article 55 of the Act; |
| 5. | Business affairs regarding hearings under Article 56 of the Act; |
| 6. | Business affairs regarding imposing and collecting penalty surcharges under Article 57 of the Act. |
[This Article Added on Jan. 6, 2012]
| Article 27-3 (Scope of large-scale events) |
"Large-scale event prescribed by Presidential Decree" in Article 54-3 of the Act means an event for which the maximum instantaneous number of spectators is expected to reach at least 1,000 persons during the event period; provided, the events for which a reporting on a disaster management plan is accepted under Article 11 (2) of the Public Performance Act shall be excluded.
[This Article Added on Dec. 28, 2021]
| Article 28 (Imposition of penalty surcharges) |
| (1) | The amount of penalty surcharges imposed under Article 57 (1) of the Act shall be calculated by applying the criteria specified in Appendix 1-2, in accordance with the standards for disposition of business suspension prescribed by Decree of the Ministry of Health and Welfare in consideration of the type, severity, etc. of violations. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jan. 5, 2021; Dec. 28, 2021> |
| (2) | If the Minister of Health and Welfare, a Mayor/ |
| Article 28-2 Deleted. <Mar. 12, 2025> |
| Article 29 (Imposition of administrative fines) |
Criteria for imposing administrative fines under Article 62 of the Act shall be as specified in Appendix 2.
[This Article Wholly Amended on Jun. 11, 2008]
ADDENDUM <Presidential Decree No. 17883, Dec. 7, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18390, May 24, 2004>
Article 1 (Enforcement date)
This Decree shall enter into force on June 1, 2004.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 19493, May 30, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on June 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19806, Dec. 29, 2006>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2007.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 20816, Jun. 11, 2008>
This Decree shall enter into force on June 15, 2008; provided, the amended provisions of Article 29 shall enter into force on June 22, 2008.
ADDENDA <Presidential Decree No. 21095, Oct. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on December 22, 2008.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 21226, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21882, Dec. 14, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on Mar. 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23755, Apr. 27, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24019, Aug. 3, 2012>
This Decree shall enter into force on August 5, 2012.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 24175, Nov. 12, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25191, Feb. 18, 2014>
This Decree shall enter into force on June 5, 2014.
ADDENDA <Presidential Decree No. 25448, Jul. 7, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on July 8, 2014.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 25612, Sep. 18, 2014>
This Decree shall enter into force on September 19, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, among the Presidential Decrees amended under Article 5 of these Addenda, the provisions of Presidential Decrees promulgated before this Decree enters into force, but which have not yet entered into force, shall enter into force on the dates the relevant respective Presidential Decrees enter into force.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26444, Jul. 24, 2015>
This Decree shall enter into force on July 29, 2015.
ADDENDA <Presidential Decree No. 26742, Dec. 22, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on December 23, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26916, Jan. 19, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on January 21, 2016. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28069, May 29, 2017>
This Decree shall enter into force on May 30, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the provisions amending any Decree that were promulgated before this Act enters into force but have yet to enter into force, among the Decrees amended under Article 8 of the Addenda, shall enter into force on the respective date the relevant Decree enters into force.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28453, Nov. 28, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on December 3, 2017; provided, the amended provisions of subparagraph 2 h and i of Appendix 2 shall enter into force on May 30, 2018.
Article 2 (Transitional measures concerning criteria for imposition of administrative fines)
| (1) | Notwithstanding the amended provisions of subparagraph 2 of Appendix 2, previous provisions shall apply to the criteria for imposition of administrative fines with respect to any violation committed before Decree enters into force. |
| (2) | Dispositions of administrative fines rendered with respect to any violation committed before Decree enters into force shall not be included in the calculation of the number of violations under amended provisions of subparagraph 1 b or c of Appendix 2 and subparagraph 2 of that Appendix. |
ADDENDA <Presidential Decree No. 29840, Jun. 11, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on June 12, 2019.
Article 2 (Transitional measures concerning criteria for calculation of penalty surcharges)
In applying criteria for calculating penalty surcharges to a violation committed before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Appendix 1.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32267, Dec. 28, 2021>
Article 1 (Enforcement date)
This Decree shall enter into force on December 30, 2021; provided, the amended provisions of Articles 6 and 21 shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning installment payment of subrogated payment)
Where a repayment obligor is making installment payments of subrogated payment before the enforcement of this Decree, the period of such installment payments shall be governed by the previous provisions, notwithstanding the amended provisions of Article 21.
ADDENDA <Presidential Decree No. 33005, Nov. 29, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on December 1, 2022.
Articles 2 through 14 Omitted.
ADDENDUM <Presidential Decree No. 33099, Dec. 20, 2022>
This Decree shall enter into force on December 22, 2022; provided, the amended provisions of Article 23 (1) and (2), 27-2 (1) 1, and subparagraph 2 (n) of Appendix 2 shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33858, Nov. 16, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 34190, Feb. 6, 2024>
This Decree shall enter into force on February 17, 2024.
ADDENDUM <Presidential Decree No. 34937, Oct. 8, 2024>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 35382, Mar. 12, 2025>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 35682, Jul. 29, 2025>
This Decree shall enter into force on August 17, 2025.