ACT ON SUPPORTING OF OVERSEAS EXPANSION OF MEDICAL SERVICES AND ATTRACTION OF INTERNATIONAL PATIENTS
Act No. 13599, Dec. 22, 2015
Amended by Act No. 15540, Mar. 27, 2018
Act No. 15777, Sep. 18, 2018
Act No. 15894, Dec. 11, 2018
Act No. 17007, Feb. 18, 2020
Act No. 18622, Dec. 21, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to enable foreigners to receive safe and quality health and medical services and contribute to development of the nation’s economy and society, through supporting overseas expansion of medical services and enhancing international patients’ rights and interest and their convenience in using domestic medical services.
The terms used in this Act are defined as follows:
| 1. | The term “overseas expansion of medical services” means any of the following acts performed in order to provide health and medical services in foreign countries: |
| (a) | Establishment and operation of a medical institution in a foreign country; |
| (b) | Consultations for operations or entrusted operations of a medical institution in a foreign country; |
| (c) | Secondment of health and medical services personnel or other persons engaging in related businesses to a medical institution in a foreign country; |
| (d) | Transfer of medical treatment technologies, information systems, etc. to a medical institution or personnel in a foreign country; |
| (e) | Provision of medicine, medical devices, etc. necessary for the provision of health and medical services in foreign countries; |
| (f) | Other acts to provide health and medical services in foreign countries, as prescribed by Presidential Decree; |
| 2. | The term “international patient” means a patient of a foreign nationality who is neither a policyholder nor dependent under Article 109 of the National Health Insurance Act (excluding a foreigner who resides in the Republic of Korea, as prescribed by Ordinance of the Ministry of Health and Welfare); |
| 3. | The term “attraction of international patients” means the activities of providing medical treatment-related conveniences, in order to encourage international patients to use domestic medical institutions, such as making a reservation, concluding a contract for medical treatment including representing therefor, providing information on medical treatment, and offering information on transport and accommodation. |
| Article 3 (Relationship to Other Statutes) |
Except as provided in this Act, the Medical Service Act shall apply mutatis mutandis to the matters concerning support for overseas expansion of medical services and attraction of international patients.
CHAPTER II MANAGEMENT AND SUPERVISION AND PROTECTION OF RIGHTS AND INTERESTS OF INTERNATIONAL PATIENTS
| Article 4 (Report of Overseas Expansion of Medical Services) |
| (1) | A founder of a medical institution under Article 3 of the Medical Service Act who intends to expand his or her medical services abroad shall file a report thereon with the Minister of Health and Welfare. |
| (2) | Where a person who intends to file a report pursuant to paragraph (1) is a corporation, the articles of incorporation of the corporation shall include matters concerning the expansion of medical services under the Medical Service Act or other relevant statutes or regulations. |
| (3) | The Minister of Health and Welfare shall notify a reporter of whether to accept a report within 10 days from the date of receiving such report under paragraph (1). <Newly Inserted on Sep. 18, 2018> |
| (4) | Where the Minister of Health and Welfare fails to notify the reporter of whether to accept a report or the extension of the handling period under the statutes or regulations related to handling civil petitions within the period specified in paragraph (3), such report shall be deemed accepted on the day following the date such period (where the handling period is extended or re-extended pursuant to the statutes or regulations related to handling civil petitions, referring to the relevant handling period) ends. <Newly Inserted on Sep. 18, 2018> |
| (5) | Where the Minister of Health and Welfare accepts a report under paragraph (1) (including where such report shall be deemed accepted pursuant to paragraph (4)), he or she shall issue a certificate of report on overseas expansion of medical services to the founder of a medical institution. <Amended on Sep. 18, 2018> |
| (6) | Matters necessary for the details of and procedures and timing for a report under paragraph (1) and issuance, etc. of a certificate under paragraph (5) shall be prescribed by Presidential Decree. <Amended on Sep. 18, 2018> |
| Article 5 (Prohibition of Detour Investment) |
A founder of a medical institution who has filed a report pursuant to Article 4 (1) shall not invest in any of the following medical institutions through a foreign corporation established for the purpose of establishing and operating a medical institution in a foreign country: | 2. | A medical institution established pursuant to Article 307 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City. |
| Article 6 (Registration for Attraction of International Patients) |
| (1) | A medical institution intending to attract international patients shall satisfy the following requirements and file for registration with the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"): <Amended on Feb. 18, 2020> |
| 1. | It shall assign at least one medical specialist under Article 77 of the Medical Service Act to each medical department which intends to attract international patients: Provided, That this shall not apply where the medical department is not the specialized medical department prescribed by Presidential Decree; |
| 2. | It shall purchase medical malpractice liability insurance prescribed by Ordinance of the Ministry of Health and Welfare or become a member of the medical liability mutual aid pursuant to the Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Dispute. |
| (2) | Except for the medical institutions under paragraph (1), a person who intends to attract international patients shall satisfy the following requirements and file for registration with the Mayor/Do Governor: <Amended on Feb. 18, 2020> |
| 1. | He or she shall purchase guaranty insurance prescribed by Ordinance of the Ministry of Health and Welfare; |
| 2. | He or she shall have capital not less than the minimum amount prescribed by Ordinance of the Ministry of Health and Welfare; |
| 3. | He or she shall establish an office within the Republic of Korea. |
| (3) | Notwithstanding paragraphs (1) and (2), any of the following persons shall not file for registration for attracting international patients: Provided, That the same shall also apply to a corporation whose representative falls under any of the following subparagraphs: <Newly Inserted on Dec. 21, 2021> |
| 1. | A person in whose case two years have not passed since his or her imprisonment with labor or heavier punishment declared by a court for violation of this Act was completely executed (including cases where such sentence is deemed completely executed) or the non-execution of such sentence became final; |
| 2. | A person who is under suspension of the execution of his or her imprisonment with labor or heavier punishment declared by a court for violation of this Act; |
| 3. | A person who is under suspension of the sentence of his or her imprisonment with labor or heavier punishment declared by a court for violation of this Act; |
| 4. | A person in whose case one year has not elapsed since his or her sentence of a fine declared by a court for violation of this Act became final. |
| (4) | If a registrant under paragraph (1) or (2) falls under any subparagraph of paragraph (3), the registration shall lose its effect. <Newly Inserted on Dec. 21, 2021> |
| (5) | The Mayor/Do Governor shall issue a registration certificate to a medical institution registered under paragraph (1) (hereinafter referred to as “medical institution attracting international patients”) and to a person registered under paragraph (2) (hereinafter referred to as “international patient attraction agency”). <Amended on Feb. 18, 2020; Dec. 21, 2021> |
| (6) | The term of validity of registration made under paragraphs (1) and (2) shall be three years from the date of registration. <Amended on Dec. 21, 2021> |
| (7) | A person who intends to continuously attract international patients after the term of validity under paragraph (6) expires shall renew his or her registration before the expiry of the term of validity. <Amended on Dec. 21, 2021> |
| (8) | Matters necessary for registration under paragraphs (1) and (2) and the procedures, etc. for renewal under paragraph (7) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Dec. 21, 2021> |
| Article 6-2 (Reporting on Modification of Registered Matters or Suspension and Closure of Business) |
Where a medical institution attracting international patients or international patient attraction agency modifies its registered matters or suspends or closes its business, it shall report to the Mayor/Do Governor thereon, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Dec. 21, 2021]
| Article 7 (Prohibition of Lease of Registration Certificate) |
| (1) | Neither medical institution attracting international patients nor international patient attraction agency shall allow other persons to use its name or trade name to attract international patients, or transfer or lease the certificate of registration. <Amended on Dec. 21, 2021> |
| (2) | Any person shall neither attract international patients by using other person’s name or trade name, nor use other person’s certificate of registration transferred or leased to him or her. |
| Article 8 (Protection of Rights and Interests of International Patients) |
| (1) | A medical institution attracting international patients and an international patient attraction agency shall post a certificate of registration issued pursuant to Article 6 (5) within the relevant medical institution or place of business so that the certificate of registration can be readily seen by any other persons, and shall take measures to help international patients to be aware of the matters regarding the protection of their rights and interests, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Dec. 21, 2021> |
| (2) | A medical institution attracting international patients shall post patients’ rights and interests, etc. under Article 4 (3) of the Medical Service Act in the relevant foreign languages and prepare circulations of patients’ rights and interests within the medical institution, and shall separately prepare and inform the following matters and take other measures to make international patients aware of the concerned matters, as prescribed by Ordinance of the Ministry of Health and Welfare: |
| 1. | The name of a diagnosed disease of an international patient, method of treatment, and possible side effects; |
| 2. | A medical treatment agreement in accordance with a standard form determined by the Minister of Health and Welfare and an estimated cost of medical treatment; |
| 3. | The dispute resolution procedure to be applied in case of a medical malpractice. |
| Article 9 (Restriction of Excessive Commission) |
| (1) | Neither medical institution attracting international patients nor international patient attraction agencies shall commit an act of substantially disrupting the market economy, such as imposing a commission in excess of the commission rate publicly notified by the Minister of Health and Welfare pursuant to paragraph (2) or providing fraudulent information, when attracting international patients. <Amended on Dec. 3, 2019; Dec. 21, 2021> |
| (2) | The Minister of Health and Welfare may examine and disclose the actual condition of the commission or medical examination and treatment fees imposed by medical institution attracting international patients and international patient attraction agencies, and shall publicly notify the appropriate commission rate range by reflecting the examination results. <Amended on Dec. 21, 2021> |
| Article 10 (Restriction on Attraction of International Patients by General Hospital) |
Among medical institutions attracting international patients, general hospitals under Article 3-3 of the Medical Service Act shall not attract international patients exceeding the number of hospital beds as stipulated by Ordinance of the Ministry of Health and Welfare.
| Article 11 (Duty of Report) |
| (1) | A medical institution attracting international patients and an international patient attraction agency shall report the business performance of the previous year to the Mayor/Do Governor by the end of February of each year, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 18, 2020; Dec. 21, 2021> |
| (2) | The Mayor/Do Governor shall notify the Minister of Health and Welfare of the business performance for the previous year reported pursuant to paragraph (1) by March 10 of each year. <Newly Inserted on Feb. 18, 2020> |
CHAPTER III SUPPORTING AND FOSTERING
| Article 12 (Business of Supporting Overseas Expansion of Medical Service and Attraction of International Patients) |
The Minister of Health and Welfare may engage in the following business activities in order to support overseas expansion of medical services and attraction of international patients:
| 1. | Collection, analysis, and provision of information concerning overseas medical markets; |
| 2. | Provision of information, counsel/consultation, and support for negotiation/agreement for overseas expansion of medical services; |
| 3. | Agreements with foreign governments concerning matters such as dispatching patients, providing consultation for health and medical care systems, acknowledging licenses of medical personnel and other affairs on licensing; |
| 4. | Activities on overseas marketing and advertisement; |
| 5. | Establishment of a computer system for managing performance of attracting international patients, and collection and management of the relevant statistics/information concerning performance management; |
| 6. | Provision of information and consultation to protect rights and interests of international patients; |
| 7. | Provision of free health and medical services for foreigners at home and abroad; |
| 8. | Support for training foreign medical personnel and required cooperation among relevant institutions; |
| 9. | Other business activities to support overseas expansion of medical services and attraction of international patients, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 13 (Fostering of Professional Personnel) |
| (1) | The State or a local government shall foster professional personnel required to support overseas expansion of medical services and attraction of international patients. |
| (2) | The Minister of Health and Welfare may foster personnel that provide medical interpretation service, offer continuing education to them, and examine their medical interpreting competence, in order to support efficient communication between domestic medical personnel and international patients. |
| (3) | In order to foster professional personnel and examine medical interpreting competence, the Minister of Health and Welfare may designate institutions equipped with the appropriate human resources and facilities as fostering institutions. |
| (4) | The State may support all or part of the expenses incurred by a fostering institution to conduct its business activities within the budget. |
| (5) | Matters necessary for examinations for medical interpreting competence and for the method, procedure, eligible institutions, details, etc. of designation as fostering institutions in accordance with paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 14 (Evaluation and Accreditation of Attracting Institutions) |
| (1) | For the purpose of supporting the attraction of international patients and enhancing the quality of medical services, the Minister of Health and Welfare may evaluate medical institutions attracting international patients and international patient attraction agencies (hereafter in this Article referred to as “attraction institution”), taking into account the factors such as performance records of attracting international patients, medical departments, current status of professional personnel in place, and level of contribution to the development of domestic medical services, and may grant accreditation or conditional accreditation to the attraction institutions that excelled in the evaluation. <Amended on Dec. 21, 2021> |
| (2) | Any attraction institution which has obtained accreditation or conditional accreditation pursuant to paragraph (1) may use a mark indicating that it has obtained accreditation (hereinafter referred to as "accreditation mark"), as prescribed by Presidential Decree. <Amended on Dec. 21, 2021> |
| (3) | No person shall use the accreditation mark without obtaining accreditation or conditional accreditation, or misrepresent accreditation or conditional accreditation by any other means. <Newly Inserted on Dec. 21, 2021> |
| (4) | The accreditation shall be valid for four years from the date the accreditation is granted, and re-accreditation may be granted on a four-year term through an evaluation process under paragraph (1): Provided, That the term of validity shall be one year in cases of conditional accreditation, and if a person fails to obtain re-accreditation through an evaluation process under paragraph (1) within the term of validity, the accreditation shall lose its effect. <Amended on Dec. 21, 2021> |
| (5) | An attraction institution which obtains accreditation or conditional accreditation under paragraph (1) or re-accreditation under paragraph (4) (hereinafter referred to as "accreditation, etc.") shall be deemed to have renewed its registration under Article 6 (7) on the date it obtains accreditation, etc. In such cases, the period of registration shall not exceed the term of validity of accreditation, etc. (excluding conditional accreditation). <Newly Inserted on Dec. 21, 2021> |
| (6) | The State and local governments may provide an attraction institution which has obtained accreditation, etc. with the following support: <Amended on Dec. 21, 2021> |
| 1. | Advertisement within or outside of the Republic of Korea; |
| 2. | Creation of an employment basis for professional personnel specializing in attracting international patients; |
| 3. | Education and training to foster professional personnel specializing in attracting international patients; |
| 4. | Other matters prescribed by Presidential Decree as necessary to facilitate attraction of international patients. |
| (7) | Matters necessary for the standards, procedures, etc. for the evaluation and accreditation, etc. under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Feb. 21, 2021> |
[Title Amended on Dec. 21, 2021]
| Article 15 (Special Cases concerning Medical Advertisement) |
| (1) | Notwithstanding Article 56 (2) 12 of the Medical Service Act, a medical institution attracting international patients may advertise its medical services in a foreign language in any of the following places, in order to attract international patients: Provided, That it shall not run an advertisement likely to deceive or mislead international patients, including an image or video comparing before and after treatment of patients: <Amended on Mar. 27, 2018; Sep. 18, 2018; Dec. 21, 2021> |
| 3. | A designated duty free shop under Article 170 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; |
| 6. | A district designated by the Mayor/Do Governor in consultation with the Minister of Health and Welfare according to the standards prescribed by Ordinance of the Ministry of Health and Welfare, among the special tourist zones designated pursuant to Article 70 of the Tourism Promotion Act. |
| (2) | Where a medical institution attracting international patients intends to advertise its medical services pursuant to paragraph (1), it shall, in advance, undergo deliberation by an institution or organization under Article 57 (2) of the Medical Service Act, with respect to the content, methods, etc. of the advertisement. <Amended on Dec. 3, 2019> |
| (3) | A medical advertisement emphasizing a particular medical department such as plastic surgery and dermatology may not be run at places under paragraph (1) 4 and 5, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 16 (Proactive and Ex Post Facto Management of International Patients) |
| (1) | Notwithstanding Article 33 (1) of the Medical Service Act, a medical doctor, dentist, or oriental medical doctor who engages in medical service (limited to persons who have established medical institutions attracting international patients and persons belonging to the concerned medical institutions) may engage in the following acts (hereinafter referred to as “proactive and ex post facto management of international patients”) for medical personnel abroad, through the use of information and communication technologies such as a computer and a visual communication: |
| 1. | Support for medical knowledge or technology; |
| 2. | Consultation/education concerning a patient’s health or disease. |
| (2) | With respect to the responsibility of persons who engage in the proactive and ex post facto management of international patients and medical personnel abroad toward their patients, Article 34 (3) and (4) of the Medical Service Act shall apply mutatis mutandis. |
| (3) | Matters necessary for the methods, procedures, facilities or equipment, etc. of the proactive and ex post facto management of international patients shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 17 (Financial Support and Tax Incentive) |
| (1) | The State may, in order to support overseas expansion of medical services, provide a medical institution which has filed a report pursuant to Article 4 with funds for small and medium enterprises under Article 18 (1) of the Export-Import Bank of Korea Act and financial support or tax incentives prescribed in other relevant statutes or regulations. |
| (2) | Details, eligibility, requirements, etc. for support under paragraph (1) shall be prescribed by Presidential Decree. In such cases, eligible medical institutions shall be determined in consideration of their scale, de facto independence between ownership and management, and other factors. |
| Article 17-2 (Post Management of Training for Foreign Health and Medical Services Personnel) |
| (1) | The Minister of Health and Welfare may establish and operate a database on training for foreign health and medical services personnel for post management, such as managing the current status of training for foreign health and medical services personnel and promoting exchange and cooperation after such training is completed. |
| (2) | In order to establish and operate a database under paragraph (1), the Minister of Health and Welfare may request the head of a training institution to submit data regarding training for foreign health and medical services personnel, such as a medical institution that conducts such training. In such cases, the head of the training institution upon receipt of such request shall cooperate therein, unless there is a compelling reason not to do so. |
| (3) | Matters necessary for the establishment and operation of a database and a request for submission of data under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Dec. 11, 2018]
CHAPTER IV OPERATION SYSTEM
| Article 18 (Establishment of Comprehensive Plan) |
| (1) | The Minister of Health and Welfare shall establish a comprehensive plan to support overseas expansion of medical services and attraction of international patients (hereinafter referred to as “comprehensive plan”), every five years, after deliberation by the policy deliberation committee under Article 19. |
| (2) | A comprehensive plan shall include the following matters concerning support for overseas expansion of medical services and attraction of international patients: |
| 1. | Objectives and promotional direction; |
| 2. | Plans for securing financial resources for investment and the use thereof; |
| 3. | Establishment of a basis of support; |
| 4. | International exchange and cooperation; |
| 5. | Impact on domestic health and medical services, and guarantee of the rights and interests of international patients; |
| 6. | Other matters prescribed by Presidential Decree. |
| (3) | In accordance with the comprehensive plan, the Minister of Health and Welfare shall establish and administer an implementation plan and evaluate its promotional performance on a yearly basis. |
| (4) | Other matters necessary for the establishment of comprehensive plans shall be prescribed by Presidential Decree. |
| Article 18-2 (Request for Cooperation) |
Where necessary to establish a comprehensive plan or an implementation plan, the Minister of Health and Welfare may request cooperation, such as the provision of necessary information, from the head of a relevant central administrative agency, the head of a local government, the head of a public institution under the Act on the Management of Public Institutions, the head of a medical institution reporting on the overseas expansion of medical services under Article 4, the head of a medical institution attracting international patients, or an international patient attraction agency. In such cases, a person upon receipt of such request shall cooperate therewith, unless there is a compelling reason not to do so. [This Article Newly Inserted on Dec. 21, 2021]
| Article 19 (Policy Deliberation Committee) |
| (1) | For cooperation between relevant administrative agencies and the establishment of a comprehensive plan that are necessary to support overseas expansion of medical services and attraction of international patients, a policy deliberation committee shall be established within the Minister of Health and Welfare. |
| (2) | The policy deliberation committee shall comprise of 15 members including one chairperson, and the chairperson shall be the Minister of Health and Welfare. |
| (3) | The members of the policy deliberation committee shall be commissioned or appointed by the Minister of Health and Welfare from among the following persons: |
| 1. | Persons recommended by the heads of the agencies to which they belong, from among members of the Senior Executive Service of the Ministry of Economy and Finance, the Ministry of Justice, the Ministry of Culture, Sports and Tourism, the Ministry of Trade, Industry and Energy, the Ministry of Land, Infrastructure and Transport, the Financial Services Commission, and other relevant central administrative agencies; |
| 2. | Heads of the relevant public institutions; |
| 3. | Other persons having extensive professional knowledge and experience concerning the impact on domestic medical services, overseas expansion of medical services, or attraction of international patients. |
| (4) | Other matters necessary for the organization, operation, etc. of the policy deliberation committee shall be prescribed by Presidential Decree. |
| Article 20 (Annual Report) |
| (1) | The Minister of Health and Welfare shall prepare a report on the actual status of promoting policies for overseas expansion of medical services and attraction of international patients and on the results of evaluating such polities, and shall annually submit the report to the competent Standing Committee of the National Assembly prior to opening of the annual regular session of the National Assembly. |
| (2) | A report under paragraph (1) shall include the following information: |
| 1. | Establishment and management of an annual implementation plan in accordance with the comprehensive plan; |
| 2. | The actual status of promoting policies for overseas expansion of medical services and attraction of international patients and the results of evaluating such policies; |
| 3. | The actual status of overseas expansion of medical services and attraction of international patients domestically and internationally. |
| (3) | Other matters necessary for preparation, submission, etc. of a report under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 21 (Designation of Supporting Institutions and Entrustment and Re-Entrustment of Duties) |
| (1) | In order to effectively support the overseas expansion of medical services and the attraction of international patients, the Minister of Health and Welfare may entrust all or part of the following duties to an institution or organization designated by the Minister of Health and Welfare (hereinafter referred to as “supporting institution”), which is a corporation having the personnel and facilities prescribed by Presidential Decree: <Amended on Dec. 11, 2018; Feb. 18, 2020; Dec. 21, 2021> |
| 1. | Receiving reports of overseas expansion of medical services and issuing certificate of report as prescribed in Article 4; |
| 2. | Collecting and managing the relevant statistics and information, such as the establishment and management of a computer system for registration and performance management regarding the attraction of international patients under subparagraph 5 of Article 12; |
| 3. | Supporting overseas expansion of medical services and attraction of international patients pursuant to Article 12, such as provision of free health and medical services; |
| 4. | Evaluation and accreditation, etc. of attraction institutions pursuant to Article 14; |
| 5. | Projects to support and manage training for foreign health and medical services personnel under Article 17-2; |
| 6. | Other duties prescribed by Presidential Decree. |
| (2) | A supporting institution may re-entrust part of the duties entrusted pursuant to paragraph (1) 4 to an institution prescribed by Presidential Decree with approval from the Minister of Health and Welfare. <Newly Inserted on Dec. 3, 2019> |
| (3) | The State may subsidize supporting institutions for all or part of the expenses incurred in performing the duties under each subparagraph of paragraph (1) within the budget. <Amended on Dec. 3, 2019> |
| (4) | Matters necessary for the standards and procedures for designation of supporting institutions and operation of supporting institutions, and re-entrustment, etc. under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2019> |
[Title Amended on Dec. 3, 2019]
| Article 21-2 (Delegation of Authority and Entrustment of Duties) |
| (1) | Part of the authority of the Mayor/Do Governor under this Act may be delegated to the head of a Si (including an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Gun/Gu (referring to an autonomous Gu), as prescribed by Presidential Decree. |
| (2) | The Mayor/Do Governor may entrust all or part of the duties related to the payment of monetary awards under Article 27 (1) to a supporting institution. |
| (3) | Where the Mayor/Do Governor delegates authority under paragraph (1) or entrusts duties under paragraph (2), he or she may fully or partially subsidize expenses incurred therein within the budget. |
[This Article Newly Inserted on Dec. 21, 2021]
CHAPTER V SUPPLEMENTARY PROVISIONS AND PENALTY PROVISIONS
| Article 22 (Corrective Orders) |
| (1) | Where a medical institution intending to expand its medical services abroad fails to file a report under Article 4 (1) or violates Article 5, the Minister of Health and Welfare may order the medical institution to correct the violations within a specified period. <Newly Inserted on Feb. 18, 2020> |
| (2) | Where a medical institution attracting international patients or an international patient attraction agency falls under any of the following cases, the Mayor/Do Governor may order the institution or agency to correct the violations within a specified period: <Amended on Feb. 18, 2020; Dec. 21, 2021> |
| 1. | Where it fails to meet the requirements for registration under Article 6 (1) and (2); |
| 2. | Where it fails to post the certificate of registration within the medical institution or place of business, in violation of Article 8 (1); |
| 3. | Where it has attracted international patients exceeding the number of hospital beds, in violation of Article 10; |
| 4. | Where it fails to report or falsely reports, in violation of Article 11 (1). |
| Article 22-2 (Reporting and Inspections) |
| (1) | The Minister of Health and Welfare or the Mayor/Do Governor may, if necessary for supervision, order a medical institution attracting international patients or an international patient attraction agency to submit a report or data relating to its duties, or require public officials under his or her jurisdiction to access the relevant office to inspect books, documents, and other necessary articles. |
| (2) | A public official who accesses and conducts an inspection under paragraph (1) shall carry an identification verifying his or her authority and present it to relevant persons. |
[This Article Newly Inserted on Dec. 21, 2021]
| Article 23 (Prohibition of Use of a Similar Name) |
| (1) | No person other than a medical institution attracting international patients under this Act shall use the name of the medical institution attracting international patients or other names similar thereto. |
| (2) | No person other than an international patient attraction agency under this Act shall use the name of the international patient attraction agency or any similar name. <Amended on Dec. 21, 2021> |
| Article 24 (Revocation of Registration) |
| (1) | The Mayor/Do Governor may revoke the registration under Article 6 (1) and (2), if a medical institution attracting international patients or an international patient attraction agency falls under any of the following cases: Provided, That he or she shall revoke the registration in cases falling under subparagraph 1: <Amended on Feb. 18, 2020; Dec. 21, 2021> |
| 1. | Where it has filed registration by fraud or other improper means; |
| 2. | Where it has attracted a person who is not a international patient; |
| 3. | Where an international patient attraction agency introduces or offers a medical treatment contract with international patients to a medical institution not certified as a medical institution attracting international patients; |
| 4. | Where a person not certified as an international patient attraction agency introduces or offers a medical treatment contract with international patients to a medical institution attracting international patients; |
| 4-2. | Where a medical institution attracting international patients or an international patient attraction agency fails to commence the attraction of international patients within two years or suspends its business for at least two years, without good cause, after filing for registration of a medical institution attracting international patients or an international patient attraction agency; |
| 5. | Where it has transferred or leased its name/trade name or certificate of registration, in violation of Article 7 (1); |
| 6. | Where it has substantially disrupted the market economy, in violation of Article 9 (1); |
| 7. | Where it has run a medical advertisement in violation of the standards prescribed in Article 15; |
| 8. | Where it has conducted the proactive and ex post facto management of international patients, in violation of the methods, procedures, etc. prescribed in Article 16; |
| 9. | Where it has failed to implement a corrective order under Article 22 (2), or upon committing a conduct subject to another corrective order after receiving at least two corrective orders during the concerned period of registration; |
| 10. | Where he or she desires to revoke its registration. |
| (2) | A person whose registration is canceled in accordance with paragraph (1) may not apply for registration with respect to the attraction of international patients pursuant to Article 6 (1) and (2), prior to the completion of one year from the date of the aforementioned cancellation of registration. |
| (3) | Matters necessary for the procedures, etc. of cancellation of registration shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 25 (Revocation of Accreditation) |
| (1) | Where a medical institution attracting international patients or an international patient attracting agency that obtained accreditation, etc. falls under any of the following subparagraphs, the Minister of Health and Welfare may revoke the accreditation, etc. or issue an order to suspend the use of accreditation marks or a corrective order: Provided, That where it falls under subparagraph 1, the Minister shall revoke the accreditation, etc.: <Amended on Dec. 21, 2021> |
| 1. | Where it obtains accreditation, etc. by fraud or other improper means; |
| 2. | Where it ceases to meet the standards for accreditation, etc. under Article 14; |
| 3. | Where it falls in any subparagraph of Article 24 (1); |
| 4. | Where it is subject to an administrative fine under Article 31. |
| (2) | Where a supporting institution falls under any of the following cases, the Minister of Health and Welfare may cancel its designation: Provided, That he or she shall cancel the designation in cases falling under subparagraph 1: |
| 1. | Where it has obtained such designation by fraud or other improper means; |
| 2. | Where it ceases to satisfy the standards of designation under Article 21 (1); |
| 3. | Where it fails to provide services for at least one month without justifiable reasons. |
| (3) | Procedures for revocation of accreditation, etc. under paragraph (1) and revocation of designation under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Dec. 21, 2021> |
[Title Amended on Dec. 21, 2021]
| Article 26 (Penalty Surcharges) |
The Mayor/Do Governor may impose a penalty surcharge not exceeding sales prescribed by Presidential Decree, on a person who has attracted international patients without making registration concerning the attraction of international patients under Article 6 (1) and (2), or on a person who has received fees exceeding the range of the fee rate publicly notified by the Minister of Health and Welfare pursuant to Article 9 (2), in violation of (1) of the same Article: Provided, That in cases prescribed by Presidential Decree, such as where there is no sales or it is impracticable to calculate sales, he or she may impose a penalty surcharge not exceeding one billion won. <Amended on Dec. 3, 2019; Feb. 18, 2020>
| Article 27 (Monetary Award for Reporter) |
| (1) | The Mayor/Do Governor may grant a monetary award to a person who has reported or accused any of the following persons to a relevant administrative agency or investigative authority, within the budget: <Amended on Feb. 18, 2020; Dec. 21, 2021> |
| 1. | A medical institution attracting international patients or an international patient attraction agency which has attracted a person who is not an international patient; |
| 2. | A person who has attracted international patients, without making registration concerning attraction of international patients pursuant to Article 6 (1) and (2); |
| 3. | A person who has violated Article 7, 9, or 15. |
| (2) | Matters necessary for standards, methods, procedures, etc. of payment of the reward pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 28 (Penalty Provisions) |
A person who has attracted international patients without making registration concerning attraction of international patients pursuant to Article 6 (1) and (2) shall be punished by imprisonment with labor for not more than three years or by a fine up to 30 million won.
| Article 29 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine of up to 10 million won: <Amended on Feb. 18, 2020; Dec. 21, 2021>
| 1. | A person who has filed a false report on overseas expansion of medical services under Article 4 (1), or failed to comply with a corrective order under Article 22 (1); |
| 2. | A person who has completed registration under Article 6 (1) and (2) by fraud or other improper means; |
| 3. | A person who has transferred or leased his or her name/trade name or certificate of registration, or received a transferred or leased name/trade name or certificate of registration, in violation of Article 7; |
| 3-2. | A person who uses an accreditation mark without obtaining accreditation or conditional accreditation or misrepresents accreditation or conditional accreditation by other means, in violation of Article 14 (3); |
| 4. | A person who has run a medical advertisement in violation of Article 15 (1) or (2). |
| Article 30 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee of, or any other person employed by a corporation or an individual commits any violation under Article 28 or 29 while conducting the business affairs of the corporation or individual, not only shall the violator be punished but the corporation or individual shall be published by a fine prescribed in the relevant Article: Provided, That this shall not apply where the corporation or individual has not been negligent in giving due attention and supervision with respect to the relevant business affair to prevent such violation.
| Article 31 (Administrative Fine) |
| (1) | Any of the following persons shall be punished by an administrative fine up to five million won: <Amended on Feb. 18, 2020> |
| 1. | A person who fails to post his or her certificate of registration, international patients’ rights, etc. or fails to take measures necessary to make international patients aware of the matters concerning their rights and interests, in violation of Article 8 (1) or (2); |
| 2. | A person who has falsely reported his or her performance of business, in violation of Article 11 (1); |
| 3. | A person who has used any similar name, in violation of Article 23. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Newly Inserted on Jan. 21, 2021> |
| 1. | A person who fails to report on modification of registered matters or on suspension or closure of business, in violation of Article 6-2; |
| 2. | A person who obtains accreditation, etc. under Article 14 by fraud or other improper means; |
| 3. | A person who has refused, obstructed, or evaded reporting, submission of data, or inspection under Article 22-2 (1), or has submitted false data or filed a false report. |
| (3) | Administrative fines under paragraph (1) shall be imposed and collected by the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Feb. 18, 2020; Dec. 21, 2021> |
ADDENDA <Act No. 13599, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Registration of Attracting International Patient)
A medical institution registered pursuant to Article 27-2 (1) of the Medical Service Act and an international patient attraction agency registered pursuant to Article 27-2 (2) of that Act as at the time this Act enters into force shall be deemed a medical institution for attraction of international patients and international patient attraction agency, respectively, registered under this Act: Provided, That they shall renew their registration, within one year from the enforcement date of this Act, after satisfying the requirements prescribed in Article 6 (1) and (2). Article 3 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions or provisions regarding administrative fines to violations committed before the enforcement of this Act shall be governed by the previous Medical Service Act. Article 4 Omitted.
ADDENDA <Act No. 15540, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 15777, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That the amended provisions of Article 15 (1) 4 shall enter into force on the date of its promulgation. Article 2 (Applicability to Report on Overseas Expansion of Medical Services)
The amended provisions of Article 4 (3) and (4) shall begin to apply to a report on overseas expansion of medical services filed on or after the date this Act enters into force.
ADDENDUM <Act No. 15894, Dec. 11, 2018>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 16721, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 21 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Excessive Fees)
The amended provisions of Articles 9 (1) and 26 shall begin to apply to fees imposed after this Act enters into force. Article 3 (Applicability to Standards for and Deliberation on Medical Advertisement)
The amended provisions of Article 15 (2) and (4) shall begin to apply to deliberations on medical advertisement after this Act enters into force. Article 4 (Transitional Measures concerning Re-Entrustment of Duties)
An institution which conducts the evaluation of attraction institutions after being re-entrusted with such duties by an institution entrusted with the evaluation and designation of institutions for attraction of international patients as at the time this Act enters into force shall be deemed re-entrusted with the evaluation of an attraction institution pursuant to the amended provisions of Article 21 (2).
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. (Proviso Omitted.)
Article 2 (Preliminary Measures to Transfer of Administrative Affairs)
| (1) | The head of a relevant central administrative agency shall prepare necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and administrative affairs under this Act and shall report such measures to a standing committee of the National Assembly no later than three months before the enforcement date under this Act. |
Article 3 (General Transitional Measures concerning Administrative Dispositions)
Any disposition or other acts taken or conducted by an administrative agency pursuant to the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency pursuant to the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency pursuant to the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency pursuant to the provisions of this Act.
Article 4 Omitted.
ADDENDA <Act No. 18622, Dec. 21, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Restriction on Registration for Attraction of International Patients)
The amended provisions of Article 6 (3) shall begin to apply where a person files for registration, or renews the registration, for attraction of international patients pursuant to Article 6 after this Act enters into force. Article 3 (Applicability to Report on Modification of Registered Matters or Suspension or Closure of Business)
The amended provisions of Article 6-2 shall begin to apply where registered matters are modified or business is suspended or closed after this Act enters into force. Article 4 (Applicability to Term of Validity of Accreditation or Re-Accreditation)
The amended provisions of Article 14 (4) shall begin to apply where accreditation or re-accreditation is granted after this Act enters into force. Article 5 (Applicability to Initial Date of Applicable Period for Revocation of Registration)
The initial date in counting a period of two years under the amended provisions of Article 24 (1) 4-2 shall be the date this Act enters into force. Article 6 (Transitional Measures concerning Accreditation)
Attraction institutions designated in accordance with the previous provisions as at the time this Act enters into force shall be deemed attraction institutions accredited pursuant to the amended provisions of Article 14. Article 7 (Transitional Measures concerning Administrative Dispositions)
The previous provisions shall apply to administrative dispositions taken for violations committed before this Act enters into force.