ENFORCEMENT DECREE OF THE ACT ON THE PREVENTION AND MANAGEMENT OF CARDIO-CEREBROVASCULAR DISEASES
Presidential Decree No. 28068, May 29, 2017
Amended by Presidential Decree No. 31013, Sep. 11, 2020
Presidential Decree No. 33513, jun. 7, 2023
| Article 2 (Formulating Comprehensive Plan for Managing Cardio-Cerebrovascular Diseases) |
| (1) | When the Minister of Health and Welfare formulates the comprehensive plan for managing cardio-cerebrovascular diseases (hereinafter referred to as the "comprehensive plan") under Article 4 (1) of the Act on the Prevention and Management of Cardio-Cerebrovascular Diseases (hereinafter referred to as the "Act"), he or she shall publish it on the website of the Ministry of Health and Welfare and shall notify the Special Metropolitan City Mayor and each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") of the details of the plan. |
| (2) | If the Minister of Health and Welfare deems necessary for formulating the comprehensive plan, he or she may reflect the outcomes of evaluating detailed implementation plans under Article 4 (3) of the Act (hereinafter referred to as "detailed implementation plans") in the comprehensive plan. |
| Article 3 (Formulating and Evaluating Detailed Implementation Plans) |
| (1) | Each Mayor/Do Governor may formulate and evaluate annual detailed implementation plans for implementing the comprehensive plan. |
| (2) | The Minister of Health and Welfare shall notify each Mayor/Do Governor of guidelines for formulating detailed implementation plans and guidelines for evaluating detailed implementation plans, by September 30 each year, in order to formulate and evaluate detailed implementation plans. |
| (3) | The Minister of Health and Welfare shall submit to the Minister of Health and Welfare the detailed implementation plan formulated for the following year in accordance with the guidelines for formulating detailed implementation plans under paragraph (2) and a report on the outcomes of evaluating the detailed implementation plan for the relevant year according to the guidelines for evaluating detailed implementation plans under paragraph (2), by December 31 each year. |
| (4) | If the Minister of Health and Welfare deems necessary for amending or improving a detailed implementation plan or a report on the outcomes of evaluating the detailed implementation plan submitted pursuant to paragraph (3), he or she may request the relevant Mayor/Do Governor to amend or improve the plan or report. |
| (5) | Each Mayor/Do Governor shall publish the detailed implementation plans or the reports on the outcomes of evaluating the detailed implementation plan finalized under paragraph (3) or (4) on the web-site of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province. |
| Article 4 (Term of Office of Members of Cardio-Cerebrovascular Disease Management Committee) |
| (1) | A member commissioned by the Minister of Health and Welfare pursuant to Article 6 (2) 2 of the Act (hereafter in this Article referred to as "commissioned member") from among members of the cardio-cerebrovascular disease management committee under Article 5 of the Act (hereinafter referred to as the "Committee") shall hold office for a term of three years, and may be commissioned consecutively for only one further term. |
| (2) | The term of office of a member newly commissioned due to resignation of another commissioned member shall be the remainder of his or her predecessor's term of office. |
[This Article Newly Inserted on Jun. 7, 2023]
[Previous Article 4 moved to Article 9 <Jun. 7, 2023>]
| Article 5 (Operation of Committee) |
| (1) | The chairperson of the Committee shall represent the Committee and exercise general supervision over its affairs. |
| (2) | Where the chairperson is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the chairperson shall perform the duties on behalf of the chairperson. |
| (3) | In any of the following cases, meetings of the Committee shall be convened by the chairperson, who shall preside over the meetings: |
| 1. | Where the Minister of Health and Welfare or the chairperson of the Committee deems it necessary; |
| 2. | Where at least 1/3 of the members request the convocation of a meeting. |
| (4) | 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. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the operation, etc. of the Committee shall be determined by the chairperson following resolution by the Committee. |
[This Article Newly Inserted on Jun. 7, 2023]
[Previous Article 5 moved to Article 10 <Jun. 7, 2023>]
| Article 6 (Executive Secretary) |
| (1) | The Committee shall have one executive secretary to perform the business affairs of the Committee. |
| (2) | The executive secretary shall be appointed by the Minister of Health and Welfare from among public officials of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Jun. 7, 2023]
[Previous Article 6 moved to Article 11 <Jun. 7, 2023>]
| Article 7 (Composition and Operation of Specialized Subcommittees) |
| 1. | A specialized subcommittee on response to severe and emergency cardio-cerebrovascular diseases; |
| 2. | A specialized subcommittee on research and planning for cardio-cerebrovascular diseases. |
| (2) | A specialized subcommittee shall be composed of not more than 20 members, including one chairperson, in consideration of gender balance. |
| (3) | The chairperson of a specialized subcommittee shall be elected among and by members of the relevant specialized subcommittee, and the members of a specialized subcommittee shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons: |
| 1. | Members of the Committee; |
| 2. | Public officials in charge of prevention and management of cardio-cerebrovascular diseases; |
| 3. | The following persons who have extensive expertise and experience in the field of cardio-cerebrovascular diseases: |
| (a) | Persons recommended by members of the Committee; |
| (b) | Persons recommended by an academic society or organization relating to cardio-cerebrovascular diseases. |
| (4) | A member commissioned by the Minister of Health and Welfare under paragraph (3) 1 or 3 shall hold office for a term of three years, and may be commissioned consecutively for only one further term. |
| (5) | Meetings of a specialized subcommittee shall be convened by the chairperson of the relevant specialized subcommittee, in any of the following cases: |
| 1. | Where the chairperson of the Committee requests the convocation of a meeting; |
| 2. | Where the chairperson of the relevant specialized subcommittee deems it necessary; |
| 3. | Where at least 1/2 of the members of the relevant specialized subcommittee request the convocation of a meeting. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the operation, etc. of a specialized subcommittee shall be determined by the chairperson of the Committee following resolution by the Committee. |
[This Article Newly Inserted on Jun. 7, 2023]
[Previous Article 7 moved to Article 12 <Jun. 7, 2023>]
Members (including members of the specialized subcommittees; hereafter in this Article the same shall apply) who attend meetings of the Committee or specialized subcommittees may be paid allowances, travel expenses, and other necessary expenses within the budget: Provided, That this shall not apply where a member, who is a public official, attends a meeting of the Committee or specialized subcommittees in direct connection with his or her duties.
[This Article Newly Inserted on Jun. 7, 2023]
| Article 9 (Epidemiological Investigations) |
| (1) | The timing for and methods and details of the epidemiological investigations under Article 11 (1) of the Act (hereinafter referred to as "epidemiological investigations") shall be as follows: <Amended on Sep. 11, 2020; Jun. 7, 2023> |
| 1. | Timing for an epidemiological investigation: The investigation shall be conducted if the occurrences or recurrences of a cerebrovascular disease rapidly increase in a specific region, class, age, etc., and it is necessary to promptly identify the cause or respond to it; |
| 2. | Methods of conducting an epidemiological investigation: The investigation shall be conducted as an on-site investigation or an interview investigation: Provided, That, if the Commissioner of the Korea Disease Control and Prevention Agency deems necessary, he or she may concurrently conduct questionnaire surveys, specimen examinations, online surveys through an information and communications network, etc.; |
| 3. | Details of an epidemiological investigation: |
| (a) | The cause or route of a cardio-cerebrovascular disease; |
| (b) | Details, characteristics, etc. of a cardio-cerebrovascular disease; |
| (c) | Social and economic damage resulting from a cardio-cerebrovascular disease; |
| (d) | Response to a cardio-cerebrovascular disease; |
| (e) | Other matters that the Commissioner of the Korea Disease Control and Prevention Agency deems similar to the matters specified in items (a) through (d), and necessary for managing cardio-cerebrovascular diseases. |
| (2) | If the Commissioner of the Korea Disease Control and Prevention Agency deems necessary for conducting an epidemiological investigation, he or she may organize and operate an epidemiological investigation team. <Amended on Sep. 11, 2020> |
| (3) | If the Commissioner of the Korea Disease Control and Prevention Agency deems necessary for efficiently conducting an epidemiological investigation, he or she may request a relevant research institute, organization, or expert to conduct the epidemiological investigation. <Amended on Sep. 11, 2020> |
| (4) | If the Commissioner of the Korea Disease Control and Prevention Agency deems necessary for managing or responding to a cardio-cerebrovascular disease, he or she may disclose the results of epidemiological investigations. <Amended on Sep. 11, 2020> |
| (5) | Except as provided in paragraphs (1) through (4), details necessary for methods, procedures, etc. for epidemiological investigations shall be determined by the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
[Moved from Article 4 <Jun. 7, 2023>]
| Article 10 (Revocation of Designation of Regional Centers for Cardio-Cerebrovascular Diseases and Local Centers for Cardio-Cerebrovascular Diseases) |
"If ... fall under the grounds prescribed by Presidential Decree" in Article 13 (5) 4 of the Act means where a person has obtained the designation of a regional center for cardio-cerebrovascular diseases or a local center for cardio-cerebrovascular diseases under Article 13 (1) of the Act by fraud or other improper means. <Amended on Jun. 7, 2023> [Title Amended on Jun. 7, 2023]
[Moved from Article 5 <Jun. 7, 2023>]
| Article 11 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Health and Welfare shall delegate the following authority to the Commissioner of the Korea Centers for Disease Control and Prevention pursuant to Article 20 (1) of the Act: |
| 2. | Public invitation for proposals for, deliberation on, and selection of the tasks of research programs for cardio-cerebrovascular diseases under Article 8 (2) 5 of the Act; |
| 3. | Assessment and utilization of the outcomes of research programs for cardio-cerebrovascular diseases under Article 8 (2) 6 of the Act. |
| (2) | Pursuant to Article 20 (1) and (2) of the Act, the Minister of Health and Welfare and the Commissioner of the Korea Centers for Disease Control and Prevention may entrust the business affairs related to establishment and operation of an information system for cardio-cerebrovascular diseases referred to in Article 14 of the Act to any of the following corporations or organizations deemed by the Minister of Health and Welfare as having expertise in the business affairs related to cardio-cerebrovascular diseases: |
| 3. | Corporations established under a special Act (excluding for-profit corporations); |
| 4. | Other corporations or organizations deemed by the Minister of Health and Welfare as having human resources, facilities, and equipment to perform the entrusted business affairs. |
| (3) | Where the Minister of Health and Welfare entrusts the business affairs pursuant to paragraph (2), he or she shall publish corporations and organizations entrusted with the business affairs and the details thereof on the website. |
[This Article Wholly Amended on Jun. 7, 2023]
[Moved from Article 6 <Jun. 7, 2023>]
| Article 12 (Processing of Sensitive Information and Personally Identifiable Information) |
| (1) | The Minister of Health and Welfare (including persons delegated with the authority of the Minister of Health and Welfare under Article 11 (1)) or the Commissioner of the Korea Disease Control and Prevention Agency may process health-related information under Article 23 of the Personal Information Protection Act and data containing a resident registration number or an alien registration number under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if inevitable to conduct the following business affairs: <Amended on Sep. 11, 2020; Jun. 7, 2023> |
| (2) | The head of the central center for cardio-cerebrovascular diseases designated under Article 12 (1) of the Act may process health-related information under Article 23 of the Personal Information Protection Act and data containing a resident registration number or an alien registration number under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if inevitable to conduct the programs under paragraph (1) 3 and 4 of that Article. <Amended on Jun. 7, 2023> |
| (3) | The head of a regional center for cardio-cerebrovascular diseases and the head of a local center for cardio-cerebrovascular diseases designated under Article 13 (1) of the Act may process health-related information under Article 23 of the Personal Information Protection Act and data containing a resident registration number or an alien registration number under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if inevitable to conduct the programs under paragraph (1) 1 through 3 of that Article. <Newly Inserted on Jun. 7, 2023> |
[Moved from Article 7 <Jun. 7, 2023>]
ADDENDUM <Presidential Decree No. 28068, May 29, 2017>
This Decree shall enter into force on May 30, 2017.
ADDENDA <Presidential Decree No. 31013, Sep. 11, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2020.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 33513, Jun. 7, 2023>
This Decree shall enter into force on June 11, 2023.