REGIONAL PUBLIC HEALTH ACT
Wholly Amended by Act No. 13323, May 18, 2015
Amended by Act No. 14009, Feb. 3, 2016
Act No. 14197, May 29, 2016
Act No. 14895, Sep. 19, 2017
Act No. 16262, Jan. 15, 2019
Act No. 16731, Dec. 3, 2019
Act No. 17893, Jan. 12, 2021
Act No. 18335, Jul. 27, 2021
Act No. 18418, Aug. 17, 2021
Act No. 19305, Mar. 28, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promoting the health of local residents through effective implementation of community health and medical policies, by prescribing matters relating to the establishment and operation of community health and medical institutions, such as public health centers, and matters necessary for the community health and medical institutions to perform their functions effectively in alliance and cooperation with health and medical related institutions and organizations.
The terms used in this Act are defined as follows:
| 1. | The term “community health and medical institution” means a health center, a health and medical clinic, a health subcenter, and a wellness support center established pursuant to this Act to promote the health of local residents and to prevent and control diseases; |
| 2. | The term “community health and medical services” means services provided directly by community health and medical institutions or via health and medical care related institutions and organizations, which include all activities conducted by health and medical services personnel (referring to health and medical services personnel as defined in subparagraph 3 of Article 3 of the Framework Act on Health and Medical Services) to promote the health of local residents and to prevent and control diseases; |
| 3. | The term “health and medical care related institution and organization” means a medical institution, a pharmacy, an organization of health and medical services personnel, and an entity that provides community health and medical services to the general public and many specified persons in communities. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall endeavor to conduct surveys and research into community health and medical care; to collect, manage, utilize, and protect information on community health and medical care; to train and secure community health and medical care professionals; to guarantee their employment; and to improve their quality. <Amended on Feb. 3, 2016> |
| (2) | The State and local governments shall provide technical and financial support to perform community health and medical care affairs efficiently. |
| (3) | The State and local governments shall establish a plan to prevent disparities in the health conditions of local residents. |
| Article 4 (Community Health Status Surveys) |
| (1) | The Commissioner of the Korea Disease Control and Prevention Agency, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") shall annually conduct a community health status survey to ascertain the health conditions of local residents and to identify the causes, etc. of health problems. <Amended on Mar. 28, 2023> |
| (2) | Where the Commissioner of the Korea Disease Control and Prevention Agency conducts a community health status survey under paragraph (1), he or she shall have a prior consultation with the Minister of Health and Welfare. <Newly Inserted on Mar. 28, 2023> |
| (3) | Procedures and methods for conducting a health status survey on a local community under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. <Amended on Mar. 28, 2023> |
| Article 5 (Processing and Utilization of Data or Information) |
| (1) | The Minister of Health and Welfare may establish and operate a community health and medical information system for the efficient processing (referring to processing defined in subparagraph 2 of Article 2 of the Personal Information Protection Act; hereafter in this Article the same shall apply) of various data and information necessary for performing the functions and affairs of community health and medical institutions (including primary health care posts defined in subparagraph 4 of Article 2 of the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages; hereafter in this Article the same shall apply). <Amended on Mar. 28, 2023> |
| (2) | The Minister of Health and Welfare may process any of the following data or information as data necessary to establish and operate a community health and medical information system under paragraph (1) and may request relevant central administrative agencies, local governments, and related institutions, organizations, corporations, facilities, etc. to provide necessary data. In such cases, any central administrative agency or local government, or related institution, organization, corporation, facility, etc. shall, upon receipt of the request, comply therewith, unless there is good cause: <Amended on Mar. 28, 2023> |
| 1. | Data about provision of community health and medical services referred to in Article 11 (1) 5; |
| 2. | Data about the applications for community health and medical services, investigations, and provision of such services pursuant to Articles 19 through 21; |
| 3. | Other data prescribed by Presidential Decree, necessary for community health and medical institutions in performing their functions. |
| (3) | No one shall damage, destroy, alter, forge, leak, search, or copy any data in any community health and medical information system without access authority or beyond the scope of authorized access. |
| (4) | In order to efficiently process various data and information necessary for community health and medical institutions to perform their functions and affairs, the Minister of Health and Welfare may utilize the community health and medical information system prescribed in paragraph (1), in electronic connection with the following information systems: <Newly Inserted on Mar. 28, 2023> |
| 9. | Other information systems prescribed by Presidential Decree. |
| (5) | The Minister of Health and Welfare may provide data or information processed through the community health and medical information system pursuant to paragraph (1) to the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu for improving the health of local residents and for preventing and controlling diseases. <Newly Inserted on Mar. 28, 2023> |
| (6) | A Mayor/Do Governor or the head of a Si/Gun/Gu may, if necessary, provide the data or information he or she has received from the Minister of Health and Welfare under paragraph (5) to health and medical care related institutions and organizations, or medical personnel under Article 30 (3) by obtaining the consent of a person eligible for services and a person who has a legal duty to support under Article 19 (2). In such cases, the minimum necessary information shall be provided in consideration of the purpose of use. <Newly Inserted on Mar. 28, 2023> |
| (7) | Where the head of the relevant central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to utilize or connect with a community health and medical information system pursuant to paragraph (4) or (5), he or she shall have a prior consultation with the Minister of Health and Welfare by specifying the data or information he or she intends to process through the community health and medical information system, the purposes and methods of processing, institutions in possession of the relevant data or information, etc. <Newly Inserted on Mar. 28, 2023> |
| (8) | Except as provided in paragraph (7), the scope of, and the methods, procedures, etc. for using a community health and medical information system shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 28, 2023> |
[Title Amended on Mar. 28, 2023]
| Article 6 (Community Health and Medical Care Deliberation Committee ) |
| (1) | A community health and medical care deliberation committee (hereinafter referred to as “committee”) shall be established in each Special Metropolitan City, Metropolitan City, Do (hereinafter referred to as “City/ Do”), Special Self-Governing City, Special Self-Governing Province, and Si/Gun/Gu (a Gu means an autonomous Gu; hereinafter referred to as “Si/Gun/ Gu”) to deliberate on the following matters relating to community health and medical care: |
| 1. | Matters relating to status surveys on community health and medical care, including health status surveys on a local community; |
| 2. | Matters relating to the formulation, implementation, and evaluations of community health and medical care plans and annual action plans; |
| 3. | Matters that require cooperation with health and medical care related institutions and organizations, schools, workplaces, etc., to implement community health and medical care plans efficiently; |
| 4. | Other matters necessary for promoting policy measures for community health and medical care. |
| (2) | Each committee shall be comprised of no more than 20 members, including one chairperson; and the vice-head of a local government (or the vice-head prescribed by Presidential Decree if the local government has at least two vice-heads) shall serve as the chairperson: Provided, That the chairperson shall be prescribed by municipal ordinance, if any other committee functions as the committee pursuant to paragraph (4). |
| (3) | Members of a committee shall be appointed or commissioned by the head of the local government with which the committee is affiliated, from among representatives of the local residents, school health officials, occupational safety and health officials, executive officers or employees of health and medical care related institutions and organizations, and relevant public officials. |
| (4) | The committee may integrate with another committee, as prescribed by ordinance of a City/Do or a Si/Gun/Gu, if such other committee exists; it can adequately perform its functions; and it has members qualified as required in paragraph (3). |
| (5) | Except as provided in paragraphs (1) through (4), the composition and operation of committees, and other necessary matters, shall be prescribed by Presidential Decree. |
CHAPTER II FORMULATION AND IMPLEMENTATION OF COMMUNITY HEALTH AND MEDICAL CARE PLANS
| Article 7 (Formulation of Community Health and Medical Care Plans) |
| (1) | To promote the health of local residents, a Mayor/Do Governor or the head of a Si/Gun/ Gu shall formulate a community health and medical care plan containing the following matters every four years pursuant to paragraphs (3) and (4): <Amended on Mar. 28, 2023> |
| 1. | Measurement of demand for health and medical services; |
| 2. | A short- and long-term plan for the supply of community health and medical services; |
| 3. | Procurement and management of health and medical services resources, including human resources, organizations, and finances; |
| 4. | A plan to organize a system for delivery of community health and medical services; |
| 5. | Collection and compilation of statistics on community health and medical care. |
| (2) | Each Mayor/Do Governor or the head of a Si/Gun/Gu shall formulate an annual action plan each year pursuant to the community health and medical care plan formulated under paragraph (1). |
| (3) | The head of a Si/Gun/Gu (excluding the Special Self-Governing City Mayor and the Special Self-Governing Province Governor; hereafter in this Article the same shall apply) shall formulate a community health and medical care plan (including an annual action plan; hereafter in this Article the same shall apply), following deliberation thereon by the committee of the Si/Gun/Gu (excluding the Special Self-Governing City and the Special Self-Governing Province; hereafter in this Article the same shall apply); report the plan to the competent Si/Gun/Gu Council; and submit it to the competent Mayor/Do Governor. |
| (4) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the Mayor/Do Governor who has received community health and medical care plans submitted by the heads of Sis/Guns/Gus under his or her jurisdiction pursuant to paragraph (3) shall formulate a community health and medical care plan of the City/Do (including the Special Self-Governing City and the Special Self-Governing Province; hereafter in this Article the same shall apply), following deliberation thereon by the relevant committee; report the plan to the competent City/Do Council; and submit it to the Minister of Health and Welfare. |
| (6) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, each Mayor/Do Governor, or the head of a Si/Gun/Gu may seek opinions about the adjustment of redundant or similar programs from health and medical care related institutions and organizations, schools, workplaces and related entities or may request information and cooperation therefrom, if deemed necessary to formulate the community health and medical care plan pursuant to paragraph (3) or (4). In such cases, any related institution in receipt of such request shall comply therewith, without good cause. |
| (7) | If deemed necessary, the Minister of Health and Welfare may recommend the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the relevant Mayor/Do Governor to adjust the contents of a community health and medical care plan; and the Mayor/Do Governor may recommend the head of a Si/Gun/Gu to adjust the contents of a community health and medical care plan, respectively, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (8) | Except as provided in paragraphs (1) through (7), details of community health and medical care plans, methods and timing for formulating such plans, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 8 (Implementation of Community Health and Medical Care Plans) |
| (1) | Each Mayor/Do Governor or the head of a Si/Gun/Gu shall implement a community health and medical care plan pursuant to an annual action plan formulated under Article 7 (2). |
| (2) | Each Mayor/Do Governor or the head of a Si/Gun/Gu may provide health and medical care related institutions and organizations, etc., with human resources, technical and financial support, if deemed necessary in implementing the community health and medical care plan. |
| Article 9 (Evaluation of Outcomes of Community Health and Medical Care Plans) |
| (1) | Upon the implementation of the community health and medical care plan pursuant to Article 8 (1), the Minister of Health and Welfare may evaluate the outcomes of the community health and medical care plan implemented by the Special Self-Governing City, the Special Self-Governing Province or each City/Do; and each Mayor/Do Governor may evaluate the outcomes of the community health and medical care plan implemented by each Si/Gun/Gu (excluding the Special Self-Governing City and the Special Self-Governing Province), respectively, as prescribed by Presidential Decree. |
| (2) | If necessary, the Minister of Health and Welfare or each Mayor/Do Governor may reflect the results of evaluations under paragraph (1) in the provision of subsidies under Article 24. |
CHAPTER III ESTABLISHMENT AND OPERATION OF COMMUNITY HEALTH AND MEDICAL INSTITUTIONS
| Article 10 (Establishment of Health Centers) |
| (1) | To promote the health of local residents and to prevent and control diseases, one health center (including a health and medical clinic; hereinafter the same shall apply) shall be established in each Si/Gun/Gu: Provided, That additional health centers may be established by ordinance of the relevant local government in accordance with the standards prescribed by Presidential Decree, if deemed particularly necessary for providing health and medical care services to at least 300,000 local residents of the relevant Si/Gun/Gu. <Amended on Aug. 17, 2021> |
| (2) | Where at least two health centers exist in the same Si/Gun/Gu, one health center may be designated to exercise general supervision over their affairs, pursuant to the ordinance of the relevant local government. |
| Article 11 (Functions and Affairs of Health Center) |
| (1) | The functions and affairs of health centers in the jurisdiction of the relevant local government are: <Amended on Feb. 3, 2016; Jan. 15, 2019; Dec. 3, 2019> |
| 1. | To create a health-oriented environment in the community; |
| 2. | To plan for, to conduct surveys and research into, and to evaluate community health and medical care policies; |
| 4. | To build a cooperative system with health and medical care related institutions, organizations, schools, workplaces, etc.; |
| 5. | To provide the following community health and medical services to promote the health of local residents and to prevent and control diseases: |
| (a) | Promotion of national health, oral health care services, nutrition control programs, and health education; |
| (b) | Prevention and control of infectious diseases; |
| (c) | Maintenance and promotion of the heath of mothers and infants; |
| (d) | Maintenance and promotion of the medically underserved individuals, including women, senior citizens, and persons with disabilities; |
| (e) | Services for promoting mental health and respect for life; |
| (f) | Medical diagnosis and treatment, and health check-ups for local residents and control of diseases, including chronic illnesses; |
| (g) | A health and medical care and health management program conducted upon visiting home, social welfare facilities, etc.; |
| (h) | Prevention and control of subfertility. |
| (2) | Public health center in areas lacking medical services designated and publicly notified by the Minister of Health and Welfare may perform the affairs prescribed by Presidential Decree under paragraph (1) 5 (h). <Newly Inserted on Dec. 3, 2019> |
| (3) | Details for functions and affairs of health centers referred to in paragraphs (1) and (2) including others shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2019> |
| Article 12 (Health and Medical Clinics) |
| Article 13 (Establishment of Health Subcenter) |
A local government may establish a branch of a health center (hereinafter referred to as “health subcenter”) in compliance with the standard prescribed by Presidential Decree, pursuant to the ordinance of the local government, if necessary for the health center to provide its services.
| Article 14 (Establishment of Wellness Support Center) |
A local government may establish a wellness support center, which is focused on helping local residents prevent chronic illnesses and lead healthy lifestyles, in compliance with the standard prescribed by Presidential Decree, pursuant to the ordinance of the local government.
| Article 15 (Organization of Community Health and Medical Institutions) |
Article 125 of the Local Autonomy Act shall apply to the organization of a community health and medical institution, except as provided in Presidential Decree. <Amended on Jan. 12, 2021>
| Article 16 (Proper Placement of Professionals) |
| (1) | Each community health and medical institution shall have a chief officer and human resources having licenses, qualifications, or expertise necessary for providing the services of that institution (hereinafter referred to as “professionals”). |
| (2) | A Mayor/Do Governor (including the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) may permit the exchange of professionals among community health and medical institutions pursuant to Article 30-2 (2) of the Local Public Officials Act, if necessary to place such professionals properly with the community health and medical institutions. |
| (3) | The Minister of Health and Welfare and each Mayor/Do Governor (including the Special Self-Governing City Mayor and the Special Self-Governing Province Governor) shall conduct training and education necessary for improving the capability of professionals working at the community health and medical institutions. |
| (4) | The Minister of Health and Welfare may investigate the status of placement and management of professionals working at the community health and medical institutions; and may recommend a Mayor/Do Governor or the head of a Si/Gun/Gu to make a correction, if the placement and/or management of any professional is found improper. |
| (5) | Criteria for placement of, and qualification criteria for appointment of, professionals referred to in paragraph (1); professionals who should receive the training and education under paragraph (3), durations, evaluations, and handling of evaluation outcomes; and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 16-2 (Public Officials in Exclusive Charge of Visiting Health Management) |
| (1) | To handle visiting health management programs prescribed in Article 11 (1) 5 (g), a community health and medical institution may have professional personnel prescribed by Ordinance of the Ministry of Health and Welfare, as public officials in exclusive charge of visiting health management. |
| (2) | The State may fully or partially subsidize the placement of public officials in exclusive charge of visiting health management under paragraph (1). |
[This Article Newly Inserted on Jan. 15, 2019]
| Article 17 (Facilities and Equipment at Community Health and Medical Institutions) |
| (1) | A community health and medical institution shall be equipped with facilities, apparatus, etc. that comply with the standards prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | The head of a community health and medical institution shall display the mark prescribed by Ordinance of the Ministry of Health and Welfare to assist the local residents to easily identify and conveniently use the institution. |
| Article 18 (Use of Facilities) |
A community health and medical institution may permit a doctor, a dentist, a Korean medicine doctor, a pharmacist, etc. to use its facilities to conduct a health and medical care-related experiment or testing, or may conduct an experiment or testing at the request of other individuals.
CHAPTER IV PROVISION OF COMMUNITY HEALTH AND MEDICAL SERVICES
| Article 19 (Filing Applications for Community Health and Medical Services) |
| (1) | A person who needs a service prescribed by Ordinance of the Ministry of Health and Welfare (hereinafter referred to as “person eligible for services”) among community health and medical services, any of his or her relatives, or any person related to him or her, may file an application for the provision of community health and medical services (hereinafter referred to as “provision of services”) with the competent head of the Si/Gun/Gu. |
| (2) | Upon receipt of an application filed under paragraph (1), the competent head of the Si/Gun/Gu shall inform the person eligible for services, any of his or her lineal relatives within the first degree of consanguinity, and his or her spouse (hereinafter referred to as “person who has a legal duty to support”) of the following matters relating to data or information he or she intends to investigate or receive pursuant to Article 20, and obtain consent to the collection of the data and information: |
| 1. | Legal basis, purposes, and the scope of use; |
| 3. | Retention period and the method of destruction. |
| (3) | An applicant for services may request the competent head of the Si/Gun/Gu to return or delete the data or information that such head has investigated or the applicant has submitted, when withdrawing his or her application for services. In such cases, the competent head of the Si/Gun/Gu in receipt of such request shall comply therewith, without good cause. |
| (4) | Filing applications for services, withdrawing applications, methods of giving notice, methods of obtaining consent under paragraphs (1) through (3), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 20 (Investigations Based upon Applications) |
| (1) | Upon receipt of an application for the provision of services under Article 19 (1), the head of a Si/Gun/Gu may investigate and process data and information on the personal information, family relations, earnings, property, history of receiving social security benefits, health conditions, etc. of the person eligible for services and the person who has a legal duty to support such person: Provided, That this shall not apply where it is not necessary to investigate the person eligible for services and the person who has a legal duty to support such person or other grounds prescribed by Presidential Decree exist. <Amended on Mar. 28, 2023> |
| (2) | To obtain data necessary to conduct an investigation under paragraph (1), the head of a Si/Gun/Gu may request the person eligible for services or the person who has a legal duty to support such person to submit necessary data or information. |
| (3) | Where the head of a Si/Gun/Gu intends to use the relevant networks or data prescribed by Presidential Decree, including electronic information of resident registration, electronic information of family relation registration, finance, national tax, local tax, land, buildings, health insurance, national pension, employment insurance, industrial accident compensation insurance, and veterans' benefits for the purpose of conducting investigations under paragraph (1), he or she may request the cooperation of the relevant central administrative agencies, local governments, and related institutions, organizations, corporations, facilities, etc. In such cases, any central administrative agency or local government, or related institution, organization, corporation, facility, etc. shall, upon receipt of a request for the submission of data, comply therewith, unless there is a compelling reason not to do so. <Amended on Mar. 28, 2023> |
| (4) | Where necessary for verifying the matters referred to in paragraph (1), the head of a Si/Gun/Gu may present identification verifying his or her authority and documents stating the period and scope of an investigation, persons in charge of the investigation, the relevant statutes or regulations, etc. and then visit the domicile and related places necessary for verifying the fact. <Newly Inserted on Mar. 28, 2023> |
| Article 21 (Decision to Provide Services and Provision Thereof) |
| (1) | After conducting an investigation under Article 20, the head of a Si/Gun/Gu shall determine whether to provide services, considering the status of budgets and other factors, and shall give written or electronic notice of his or her decision to the applicant. |
| (2) | Where the head of a Si/Gun/Gu who determines whether to provide services under paragraph (1) finds that the income or property level and health conditions of a person eligible for services and a person who has a legal duty to support him or her, which is assessed based on all or part of the data or information investigated under Article 20 (2) through (4), is equal to or lower than the standards determined by the Minister of Health and Welfare, he or she may omit part of the related investigation and decide to provide services. <Newly Inserted on Jul. 27, 2021; Mar. 28, 2023> |
| (3) | The head of a Si/Gun/Gu who has determined to provide services for a person eligible for services shall formulate a plan including the duration for the provision of such services, and provide community health and medical services according to such plan. <Amended on Jul. 27, 2021> |
| Article 22 (Destruction of Information) |
| (1) | No head of a Si/Gun/Gu shall retain information about any person, other than persons eligible for services, which he or she has investigated or accepted pursuant to Article 20, for more than five years. In such cases, the head of a Si/Gun/Gu shall, without delay, destroy such information upon the expiration of its retention period. |
| (2) | Where information referred to in paragraph (1) is collected in a community health and medical information system or a social security information system established under Article 37 (2) of the Framework Act on Social Security, the head of a Si/Gun/Gu may request the Minister of Health and Welfare to destroy such information. In such cases, the Minister of Health and Welfare shall, without delay, destroy the relevant information. <Amended on Mar. 28, 2023> |
| (3) | A Mayor/Do Governor, the head of a Si/Gun/Gu, a health and medical care-related institution, organization, or medical personnel shall destroy data or information provided pursuant to Article 5 (5) and (6) after five years. <Newly Inserted on Mar. 28, 2023> |
| Article 23 (Reporting Health Checkups) |
| (1) | Any of the persons referred to in the subparagraphs of Article 27 (1) of the Medical Service Act, who intends to engage in activities affecting the local residents’ health, such as health checkups or medical outreach services for many local residents (hereinafter referred to as “health checkups, etc.”), shall file a report with the head of the health center having jurisdiction over the area in which he or she intends to conduct health checkups, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | A medical institution shall file a report pursuant to paragraph (1) if it intends to conduct health checkups, etc. for many local residents at a place other than the premises of the medical institution, on any of the grounds provided for in the subparagraphs of Article 33 (1) of the Medical Service Act. |
| (3) | Upon receipt of a report under paragraph (1) or (2), the head of a health center shall accept such report after reviewing the details thereof, if it conforms to this Act. <Newly Inserted on Jan. 15, 2019> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 24 (Subsidization) |
| (1) | The State and a City/Do may provide subsidies to cover part of the expenses incurred in establishing and operating community health and medical institutions and in implementing community health and medical care plans. |
| (2) | When subsidies are provided under paragraph (1), expenses incurred in establishing community health and medical institutions and incidental expenses shall be covered by up to 2/3 thereof; and expenses incurred in implementing community health and medical care plans shall be covered by up to 1/2 thereof. |
| (1) | Community health and medical institutions may collect charges or medical fees from persons who use their facilities, who request experiments or testing, or who receive medical examinations and treatment. |
| (2) | The charges and medical fees collected under paragraph (1) shall be set by ordinance of the relevant local government, in compliance with the standards prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 26 (Accounting of Community Health and Medical Institution ) |
A community health and medical institution may use the income from the charges and medical fees they collect, directly for revenue-substitute expenses provided for in Article 26 of the Local Accounting Act; and may simplify their accounting affairs, as prescribed by the rules of the relevant local government. <Amended on May 29, 2016>
The Minister of Health and Welfare may require local governments to report matters relating to the establishment and operation of community health and medical institutions; or may require subordinate public officials to guide and supervise the community health and medical institutions, by conducting fact-finding surveys, as prescribed by Ordinance of the Ministry of Health and Welfare.
| Article 28 (Prohibition against Disclosure of Personal Information) |
No person who is performing or has ever performed the affairs related to the functions of community health and medical institutions (including health and medical clinics as defined in subparagraph 4 of Article 2 of the Act on Special Measures for Health and Medical Services in Agricultural and Fishing Villages), nor any person who is establishing and operating or has ever established and operated a community health and medical information system (including a person who is performing or has ever performed the business affairs by entrustment or as an agent pursuant to Article 30 (3) or (5)), shall use any of the following information that has come to his or her knowledge in the course of performing the affairs, for any purpose other than the performance of such affairs; nor provide or disclose it to any third party: <Amended on Mar. 28, 2023> | 1. | Medical information on an individual or family that has come to the knowledge of health and medical services personnel in the course of medical treatment (including health checkups); |
| 2. | Data or information collected, managed, possessed, or provided under Article 5; |
| 3. | The following information investigated or submitted pursuant to Article 20: |
| Article 29 (Prohibition against Use of Same Titles) |
No entity, other than a health center, health and medical clinic, health subcenter, and a wellness support center established under this Act, shall use any of the phrases “health center,” “health and medical clinic,” “health subcenter,” or “wellness support center,” in its title.
| Article 30 (Delegation of Authority) |
| (1) | The Minister of Health and Welfare may delegate part of his or her authority under this Act to each Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | Part of the authority of the Commissioner of the Korea Disease Control and Prevention Agency under this Act may be delegated to the head of an agency under the jurisdiction of the Commissioner, as prescribed by Presidential Decree. <Newly Inserted on Mar. 28, 2023> |
| (3) | Each Mayor/Do Governor or the head of a Si/Gun/Gu may entrust some of the affairs necessary to perform the functions of community health and medical institutions under this Act to a health and medical care related institution or organization; or may authorize medical personnel as defined in Article 2 of the Medical Service Act, to perform some affairs as an agent, as prescribed by Presidential Decree. <Amended on Mar. 28, 2023> |
| (4) | Each Mayor/Do Governor or the head of a Si/Gun/Gu may provide subsidies to cover all or part of the expenses incurred in performing the affairs entrusted under paragraph (3); and may reimburse actual expenses incurred by medical personnel in connection with the performance of some business affairs as an agent. <Amended on Mar. 28, 2023> |
| (5) | The Minister of Health and Welfare may have a public institution referred to in Article 4 of the Act on the Management of Public Institutions perform the affairs relating to the establishment and operation of a community health and medical information system as an agent, as prescribed by Presidential Decree: <Amended on Mar. 28, 2023> |
| (6) | The Minister of Health and Welfare may provide subsidies to cover expenses necessary for agency business under paragraph (4) within the budget. <Amended on Mar. 28, 2023> |
| Article 31 (Special Cases concerning the Medical Service Act) |
“Health and medical clinic” established under Article 12 shall be construed as “hospital” referred to in Article 3 (2) 3 (a) of the Medical Service Act, “dental clinic” referred to in Article 3 (2) 1 (b), or “oriental medical clinic” referred to in Article 3 (2) 1 (c); and “health center”, “health subcenter”, or “wellness support center”, as “medical clinic”, “dental clinic”, or “oriental medical clinic” referred to in Article 3 (2) 3, respectively.
CHAPTER VI PENALTY PROVISIONS
| Article 32 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Sep. 19, 2017; Mar. 28, 2023> |
| 1. | A person who damages, destroys, alters, forges, or discloses any data in the community health and medical information system without access authority or beyond the scope of authorized access in violation of Article 5 (3); |
| 2. | A person who uses, provides, or discloses information prescribed in subparagraphs 1 through 4 of Article 28, in violation of that Article, or a person who receives such information in bad faith, for profit or for any wrongful purpose. |
| (2) | Deleted. <Sep. 19, 2017> |
| (3) | Any person who searches or copies any data in the community health and medical information system without access authority or beyond the scope of authorized access in violation of Article 5 (3) shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won: <Amended on Sep. 19, 2017> |
| 1. | Deleted; <Sep. 19, 2017> |
| 2. | Deleted. <Sep. 19, 2017> |
| Article 33 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee, or other servant of the corporation or an individual commits any of the violations described in Article 32 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishment of the violators accordingly, be subject to a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not been negligent in giving due attention and supervision over the business affairs to prevent such violations.
| Article 34 (Administrative Fines) |
| (1) | A person who fails to destroy information or data, in violation of Article 22 (3) shall be subject to an administrative fine not exceeding 30 million won. <Newly Inserted on Mar. 28, 2023> |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Mar. 28, 2023> |
| 1. | A person who conducts a health checkup, etc. without filing a report required under Article 23, or upon filing a false report; |
| 2. | A person who uses any of the titles listed in Article 29. |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the head of the relevant Si/Gun/Gu, as prescribed by ordinance of the relevant local government. <Amended on Mar. 28, 2023> |
ADDENDA <Act No. 13323, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Public Health Centers)
Public health centers, public health clinics, and public health units, established pursuant to the former provisions as at the time this Act enters into force, shall be deemed to have been established pursuant to this Act.
Article 3 Omitted.
Article 4 (Relationship to Other Statutes)
A citation of any provision of the former Regional Public Health Act in any other Act as at the time this Act enters into force, shall be deemed a citation of the corresponding provision of this Act, in lieu of the former provision, if such corresponding provision exists herein.
ADDENDUM <Act No. 14009, Feb. 3, 2016>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14197, May 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 14895, Sep. 19, 2017>
This Act shall enter into force on the date of promulgation.
ADDENDUM <Act No. 16262, Jan. 15, 2019>
This Article shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16731, Dec. 3, 2019>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17893, Jan. 12, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 23 Omitted.
ADDENDUM <Act No. 18335, Jul. 27, 2021>
This Act shall enter into force on January 1, 2022.
ADDENDUM <Act No. 18418, Aug. 17, 2021>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 19305, Mar. 28, 2023>
This Act shall enter into force on the date of its promulgation: Provided That, the amended provisions of Articles 5 (4) 9 and (8), 20 (1) and (3), and 30 shall enter into force six months after the date of its promulgation.