ACT ON THE PREVENTION OF SUICIDE AND THE CREATION OF CULTURE OF RESPECT FOR LIFE
Act No. 10516, Mar. 30, 2011
Amended by Act No. 14224, May 29, 2016
Act No. 14561, Feb. 8, 2017
Act No. 15899, Dec. 11, 2018
Act No. 16255, Jan. 15, 2019
Act No. 16722, Dec. 3, 2019
Act No. 17213, Apr. 7, 2020
Act No. 18821, Feb. 3, 2022
Act No. 18900, jun. 10, 2022
Act No. 19529, Jul. 11, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to protect citizens' invaluable life and create a culture of respect for life by providing necessary matters for responsibilities and prevention policies with regard to suicide at a national level.
| Article 2 (Basic Policies) |
| (1) | In establishing suicide prevention policies, priority shall be given to multilateral preventive measures in which all governmental organs take part and which are specific for each gender, age group, social class, and category of motives, taking into consideration specific conditions of individuals who are exposed to the risk of suicide. |
| (2) | In establishing suicide prevention policies, priority shall be given to the improvement of sociocultural awareness, such as the promotion of bioethics and a culture of respect for life and the development of sound mind and values. |
| Article 2-2 (Definitions) |
The terms used in this Act are defined as follows:
| 1. | The term "person at suicide risk" means a person deemed exposed or likely to be exposed to the risk of suicide; |
| 2. | The term "hazardous object used for suicide" means an object frequently used, or highly likely to be frequently used in the near future, as a means of suicide and publicly notified by the Minister of Health and Welfare following deliberation by the Suicide Prevention Policy Committee prescribed in Article 10-2; |
| 3. | The term "suicide-inducing information" means the following information used to actively encourage suicide or to assist suicide: |
| (a) | Information on seeking suicide partners; |
| (b) | Information suggesting specific methods concerning suicide; |
| (c) | Documents, pictures, videos, etc. containing content on practicing or inducing suicide; |
| (d) | Information on the sale or utilization of hazardous objects used for suicide; |
| (e) | Other information equivalent to those referred to in the above items, which obviously aims at inducing suicide; |
| 4. | The term "gatekeeper" means a person who discovers persons highly likely to commit suicide and entrusts or connects such persons to specialized institutions, such as a suicide prevention center, and has completed the education the Minister of Health and Welfare recognizes; |
| 5. | The term "suicide prevention program" means the following programs: |
| (a) | Creation of a culture of respect for life; |
| (b) | Counseling, education, and public relations on suicide prevention; |
| (c) | Training of experts in suicide prevention; |
| (d) | Establishment of a suicide prevention system; |
| (e) | Discovery and follow-up management of persons at suicide risk; |
| (f) | Investigations into the actual state of suicide and psychological autopsies; |
| (g) | Support for and follow-up management of persons who attempted suicide and their family members and the survivors of persons who committed suicide; |
| (h) | Other programs the Minister of Health and Welfare deems necessary for suicide prevention. |
[This Article Newly Inserted on Jan. 15, 2019]
| Article 3 (Rights and Obligations of Citizens) |
| (1) | Where a citizen is, or finds himself or herself, at the risk of suicide, he or she has a right to request help from the State or a local government. |
| (2) | Citizens shall fully cooperate with the State or a local government in establishing and implementing suicide prevention policies, and shall take measures to rescue a person who is found highly likely to commit suicide. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and each local government shall formulate policies necessary to actively rescue persons at suicide risk from the risk of committing suicide. <Amended on Jan. 15, 2019> |
| (2) | The State and each local government shall formulate and implement policies on each stage of measures for suicide prevention, countermeasures against probable occurrences of suicide, and measures taken after a suicide or an attempted suicide. In such cases, measures to protect persons who attempted suicide and their family members or the survivors of persons who committed suicide shall be included in such policies. <Amended on Feb. 8, 2017; Jan. 15, 2019> |
| Article 5 (Responsibilities of Owners) |
| (1) | Each business owner shall fully cooperate in suicide prevention policies implemented by the State and local governments. |
| (2) | Each business owner shall endeavor to take measures necessary to maintain the mental health of his or her employees. |
| Article 6 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, suicide prevention, the establishment and enforcement of policies thereon, and other matters shall be governed by this Act.
CHAPTER II FORMULATION OF MASTER PLAN
| Article 7 (Formulation of Master Plan for Suicide Prevention) |
| (1) | The State shall formulate a master plan for suicide prevention (hereinafter referred to as "master plan") every five years to effectively promote suicide prevention policies. <Amended on Dec. 11, 2018> |
| (2) | A master plan shall include the following matters: <Amended on Dec. 11, 2018; Jan. 15, 2019; Jul. 11, 2023> |
| 1. | Creation of a culture of respect for life; |
| 2. | Development and distribution of a manual for counseling on suicide; |
| 3. | Suicide prevention measures for each life cycle, such as children, youth, young adults, the middle-aged, and senior citizens; |
| 4. | Promotion of mental health through management of depression and drug addiction, etc.; |
| 5. | Establishment of a suicide prevention system using information and communications and other various media; |
| 6. | Discovery, treatment, and follow-up management of persons at suicide risk and persons who attempted suicide; |
| 7. | Support for and follow-up management of the survivors of persons who committed suicide; |
| 8. | Establishment of a suicide monitoring system; |
| 9. | Control on suicide means; |
| 10. | Education and training on suicide prevention; |
| 11. | Assistance in research on suicide prevention; |
| 12. | A scheme for the designation and operation of central and local collaborative institutions; |
| 13. | Formulation of guidelines for news reports on suicide by the press and measures to ensure that such guidelines are implemented; |
| 14. | Other necessary matters related to suicide prevention measures. |
| (3) | The Minister of Health and Welfare shall prepare a master plan in consultation with the heads of related central administrative agencies and shall finalize such master plan after deliberation by the Suicide Prevention Policy Committee established under Article 10-2. <Newly Inserted on Dec. 11, 2018> |
| (4) | The Minister of Health and Welfare shall notify without delay the finalized master plan to the heads of related central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). <Amended on Dec. 11, 2018> |
| Article 8 (Formulation and Execution of Annual Implementation Plans) |
| (1) | The Minister of Health and Welfare, the head of each related central administrative agency, and each Mayor/Do Governor shall formulate and execute an implementation plan each year for suicide prevention (hereinafter referred to as "implementation plan") respectively in accordance with the master plan. |
| (2) | The head of each related central administrative agency and each Mayor/Do Governor shall annually submit an implementation plan for the following year and a report on the results of the execution of the implementation plan for the previous year to the Minister of Health and Welfare, as prescribed by Presidential Decree, and the Minister of Health and Welfare shall assess the results of the execution of implementation plans each year and finalize the results thereof after deliberation by the Suicide Prevention Policy Committee established under Article 10-2. <Amended on Dec. 11, 2018> |
| (3) | Necessary matters regarding the formulation and execution of implementation plans and the assessment of the results of the execution of such plans shall be prescribed by Presidential Decree. |
| Article 9 (Adjustment of City/Do Implementation Plans) |
| (1) | The Minister of Health and Welfare shall make adjustments to an implementation plan of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") in accordance with the master plan, and shall check the current status of performance of the plan. |
| (2) | Where a City/Do implementation plan contravenes the master plan or an implementation plan of a central administrative agency, the Minister of Health and Welfare may request the competent Mayor/Do Governor to revise it. |
| Article 10 (Cooperation in Formulation of Plans) |
| (1) | Where necessary to formulate, execute, and assess a master plan or an implementation plan, the Minister of Health and Welfare, the head of a related central administrative agency, or a Mayor/Do Governor may request the head of a related central administrative agency, a local government, a related public institution, or any other organization involved in suicide prevention activities to submit relevant data and provide other necessary cooperation. |
| (2) | A person requested to cooperate under paragraph (1) shall comply with the request, unless there is good cause. |
| Article 10-2 (Suicide Prevention Policy Committee) |
| (1) | A Suicide Prevention Policy Committee (hereafter in this Article referred to as the "Committee") shall be established under the Prime Minister to deliberate on important matters regarding suicide prevention policies. |
| (2) | The Committee shall deliberate on the following: |
| 1. | Matters regarding mid- and long-term objectives of suicide prevention policies and directions of pursuing such policies; |
| 2. | Matters regarding the formulation of a master plan; |
| 3. | Matters regarding the assessment of the results of the execution of implementation plans; |
| 4. | Matters regarding cooperation and coordination between related Ministries on suicide prevention policies; |
| 5. | Matters regarding public-private partnerships related to suicide prevention policies; |
| 6. | Other matters regarding suicide prevention policies, which are referred by the chairperson to the meeting of the Committee. |
| (3) | The Committee shall be comprised of not more than 25 members, including one chairperson. |
| (4) | The Prime Minister shall serve as the chairperson of the Committee, and the following persons shall be the members thereof: |
| 1. | The heads of related central administrative agencies prescribed by Presidential Decree; |
| 2. | Persons commissioned by the Prime Minister from among those with abundant knowledge and experience in suicide prevention. |
| (5) | Where necessary to deliberate on suicide prevention policies, the Committee may request related administrative agencies to provide materials. In such cases, the heads of the related administrative agencies so requested shall comply therewith unless there is a compelling reason not to do so. |
| (6) | A working committee shall be established under the Committee to efficiently perform the affairs thereof. |
| (7) | Matters necessary for the composition, operation, etc. of the Committee and working committee shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 11, 2018]
CHAPTER III SUICIDE PREVENTION MEASURES
| Article 11 (Fact-Finding Surveys on Suicide) |
| (1) | In order to grasp the actual situation of suicide and needs and demands for services for suicide prevention, the State and each local government shall conduct a fact-finding survey on suicide every five years, and shall announce the results thereof. |
| (2) | A fact-finding survey on suicide under paragraph (1) shall include the following: <Newly Inserted on Dec. 11, 2018> |
| 1. | Matters regarding general information on persons to be surveyed, such as gender, age, educational background, marital status, and the state of employment; |
| 2. | Matters regarding risk factors of suicide of persons to be surveyed, such as thoughts about suicide and the number of attempts to commit suicide; |
| 3. | Matters regarding the impacts on suicide of news reports on suicide by the press, such as newspapers, broadcasting, and the Internet; |
| 4. | Other matters necessary to grasp the actual situation of suicide and needs and demands for services for suicide prevention. |
| (3) | The State and each local government may request the heads of related agencies, corporations, and organizations to submit necessary materials or state their opinions to conduct a fact-finding survey on suicide under paragraph (1). In such cases, a person who receives such request shall cooperate therein unless there is good cause. <Newly Inserted on Dec. 3, 2019> |
| (4) | The State and each local government may entrust the Korea Foundation for Suicide Prevention under Article 12-4 with fact-finding surveys on suicide under paragraph (1). <Newly Inserted on Jun. 10, 2022> |
| (5) | Matters necessary for conducting a fact-finding survey on suicide, announcement of the findings of survey, details of survey, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018; Dec. 3, 2019; Jun. 10, 2022> |
| Article 11-2 (Psychological Autopsy) |
| (1) | The State and local governments may conduct a psychological autopsy for analyzing the causes of suicide based on psychological and behavioral changes, etc. before and after suicide, in order to formulate effective suicide prevention policies and to provide psychological support to persons who attempted suicide and their family members or the survivors of a person who committed suicide (hereafter in this Chapter referred to as "persons who attempted suicide, etc."). In such cases, the consent of persons who attempted suicide, etc. to the psychological autopsy shall be obtained in advance. <Amended on Jan. 15, 2019; Jun. 10, 2022> |
| (2) | The State and local governments may entrust the Korea Foundation for Suicide Prevention under Article 12-4 with a psychological autopsy under paragraph (1). <Newly Inserted on Jun. 10, 2022> |
[This Article Newly Inserted on Feb. 8, 2017]
| Article 12 (Establishment of System for Analysis and Information Management of Suicide Statistics) |
| (1) | The State and each local government may designate and operate institutions specializing in survey and research in order to collect, analyze, and manage suicide statistics. |
| (2) | The Minister of Health and Welfare may furnish criminal justice information provided under Article 12-3 (2) to an institution specializing in survey and research under paragraph (1). <Newly Inserted on Feb. 3, 2022> |
| (3) | Matters necessary for the designation, etc. of an institution specializing in survey and research under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 3, 2022> |
| Article 12-2 (Follow-Up Management of Persons Who Attempted Suicide) |
| (1) | Where any of the following persons comes to know a person who attempted suicide, etc. in the course of performing his or her duties, he or she shall provide such person who attempted suicide, etc. with the information on the relevant supporting institutions in the competent jurisdiction: <Amended on Jan. 15, 2019; Feb. 3, 2022> |
| 3. | Deleted. <Feb 3, 2022> |
| (2) | Where there is a person who attempted suicide or a person who committed suicide, the head of a police agency and the head of a fire service agency shall provide information on the person who attempted suicide, etc. to the following institutions in the competent jurisdiction: <Amended on Jan. 15, 2019; Feb. 3, 2022> |
| 3. | Other institutions prescribed by Presidential Decree, which perform suicide prevention affairs. |
| (3) | The heads of the institutions referred to in the subparagraphs of paragraph (2) may request the head of a police agency, the head of a fire service agency, the head of a local government, the head of a medical institution, or the head of any other related institution to provide information on persons who attempted suicide, etc. to smoothly perform suicide prevention affairs such as follow-up management of persons who attempted suicide. In such cases, the head of the institution so requested shall comply therewith unless there is good cause. <Amended on Jan. 15, 2019> |
| (4) | The information referred to in paragraphs (2) and (3) shall include the name, date of birth, address, and contact information of a person who attempted suicide, etc. <Amended on Jan. 15, 2019; Feb. 3, 2022> |
| (5) | An institution upon receipt of information on persons who attempted suicide, etc. pursuant to paragraphs (2) and (3) shall inform the relevant person that they have the right to request the deletion and destruction of the relevant information when providing support including counseling, and if the relevant person requests the same, it shall delete and destroy the relevant information without delay. <Newly Inserted on Feb. 3, 2022> |
| (6) | The heads of the institutions referred to in the subparagraphs of paragraph (2) shall provide support including counseling to persons who attempted suicide, etc., whose information is provided, and shall report the details of support to the Minister of Health and Welfare every year. <Amended on Jan. 15, 2019; Feb. 3, 2022> |
| (7) | The heads of the institutions referred to in the subparagraphs of paragraph (2) shall designate a person in charge of providing necessary support to persons who attempted suicide, etc. under paragraph (6) from among their employees: Provided, if at least two institutions are provided with information on the same person who attempted suicide, etc., the heads of the relevant institutions may designate the person in charge in consultation with each other. <Amended on Jan. 15, 2019; Feb. 3, 2022> |
| (8) | Matters necessary for the scope of and procedures and methods for providing information under paragraph (1), methods for providing information under paragraph (4), reporting under paragraph (6), designation of a person in charge under paragraph (7), etc. shall be prescribed by Presidential Decree. <Amended on Feb. 3, 2022> |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 12-3 (Provision of Criminal Justice Information) |
| (1) | If necessary to conduct a fact-finding survey on suicide under Article 11 (1) or to collect and analyze suicide statistics under Article 12, the Minister of Health and Welfare may request the Commissioner General of the Korean National Police Agency and the Commissioner of the Korea Coast Guard to provide criminal justice information under subparagraph 3 of Article 2 of the Act on Promotion of the Digitalization of the Criminal Justice Process (hereinafter referred to as "criminal justice information"): Provided, That the scope of the information requested shall be the necessary minimum, which shall include information and data on gender, age, causes of accidents, place of accident, etc. of persons who committed suicide. |
| (3) | The scope and methods of provision of criminal justice information shall be determined through consultation between the Minister of Health and Welfare and the head of a providing agency. |
| (4) | For the purpose of protecting personal information, etc. included in criminal justice information, the head of a providing agency may request the Minister of Health and Welfare (including an institution specializing in survey and research designated under Article 12 (1); hereafter the same shall apply in paragraph (6)) to restrict the method of use, a division for use, and other necessary matters or to take measures necessary to secure the safety of criminal justice information (hereinafter referred to as “information security measures”). |
| (5) | No person shall use the criminal justice information provided under this Act for any other purposes than the original purpose or provide such information to a third party. |
| (6) | The head of a providing agency may suspend or restrict the provision of criminal justice information, if the Minister of Health and Welfare fails to take information security measures or violates paragraph (5). |
[This Article Newly Inserted on Feb. 3, 2022]
| Article 12-4 (Establishment and Operation of the Korea Foundation for Suicide Prevention) |
| (1) | In order to efficiently conduct programs related to the prevention of suicide and creation of a culture of respect for life, the Minister of Health and Welfare shall establish the Korea Foundation for Suicide Prevention (hereinafter referred to as the "Foundation"). |
| (2) | The Foundation shall conduct the following affairs: |
| 1. | Development of data for formulation of policies for suicide prevention and analysis of such policies; |
| 2. | Support for formulation of the master plan under Article 7; |
| 3. | Support for fact-finding surveys on suicide under Article 11; |
| 5. | Follow-up management of persons who attempted suicide; |
| 6. | Support for and management of the survivors of persons who committed suicide; |
| 7. | Publicity and education on suicide prevention; |
| 8. | Research and development for suicide prevention; |
| 9. | Training of experts in suicide prevention; |
| 10. | Support for the affairs of a suicide prevention center under Article 13; |
| 11. | Other affairs entrusted under this Act or other statutes and regulations. |
| (3) | The Foundation shall be a corporation, and shall be established at the time it registers such establishment at the location of its main office. |
| (4) | The Foundation shall have the president to represent the Foundation and exercise general supervision over its affairs, and he or she shall be appointed or dismissed by the Minister of Health and Welfare. |
| (5) | The Minister of Health and Welfare may subsidize expenses incurred in establishment and operation of the Foundation. |
| (6) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Foundation. |
| (8) | Matters necessary for the establishment and operation of the Foundation shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 13 (Establishment of Suicide Prevention Centers) |
| (1) | A Mayor/Do Governor and the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu) may establish and operate a suicide prevention center to perform the following affairs: <Amended on Jan. 15, 2019; Jun. 10, 2022> |
| 1. | Counseling on suicide; |
| 2. | Mobilization and response to the scene of an anticipated suicide at any time; |
| 3. | Follow-up management of persons who attempted suicide; |
| 4. | Supporting and managing the survivors of persons who committed suicide; |
| 5. | Publicity and education on suicide prevention; |
| 6. | Education and training of personnel engaged in suicide prevention; |
| 7. | Other affairs deemed necessary by the Minister of Health and Welfare to prevent suicide and support the survivors of persons who committed suicide. |
| (3) | A local government may entrust the operation of a suicide prevention center under paragraph (1) to a private entity, as prescribed by Presidential Decree. In such cases, the local government may subsidize the expenses incurred in performing the entrusted affairs. <Amended on Jun. 10, 2022> |
| (4) | The State and each local government shall install and operate emergency telephone lines for receiving ongoing reports in order to prevent suicide. |
| (5) | Matters necessary for the installation and operation of suicide prevention centers under paragraph (1) and emergency telephone lines under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 14 (Measures for Assistance to Persons at Suicide Risk and Promotion of Mental Health) |
| (1) | The State and each local government shall create an environment in which necessary medical services can be appropriately provided to persons exposed to the risk of suicide due to a problem with mental health. |
| (2) | The State and each local government shall develop and distribute tools for screening tests of mental health of persons at suicide risk. |
| (3) | The State and each local government shall endeavor to take measures necessary for early discovery of, counseling for, and treatment of persons at suicide risk. |
| (4) | Matters necessary for screening tests under paragraph (2) and counseling and treatment under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER IV CREATION OF CULTURE OF RESPECT FOR LIFE
| Article 15 (Creation of Culture of Respect for Life) |
In order to create a sociocultural environment where life is respected, the State and each local government may implement nationwide programs for a culture of respect for life in cooperation with non-governmental organizations, etc. engaged in activities for suicide prevention.
| Article 16 (Suicide Prevention Day) |
| (1) | The 10th day of September each year shall be designated as Suicide Prevention Day, and one week beginning on Suicide Prevention Day as Suicide Prevention Week in order to promote awareness of the risk of suicide and to create a positive social atmosphere for suicide prevention. |
| (2) | The State and each local government shall endeavor to hold events and conduct educational and promotional programs appropriate for the objectives of Suicide Prevention Day. |
| Article 17 (Counseling and Education on Suicide Prevention) |
| (1) | The heads of the following institutions, organizations, and facilities shall provide education on suicide prevention to prevent suicidal attempts and create a culture of respect for life, and shall submit the results of education to the Minister of Health and Welfare or the head of the competent authority, as prescribed by Presidential Decree: Provided, That the principal of a school defined in Article 2 of the Elementary and Secondary Education may omit the submission of the results of education on suicide prevention: <Amended on Jul. 11, 2023> |
| 1. | State organs, local governments, and public institutions prescribed by Presidential Decree; |
| 5. | Other institutions or organizations prescribed by Presidential Decree, as deemed in need of education on suicide prevention. |
| (2) | The principals of schools defined in Article 2 of the Higher Education Act and the heads of institutions, organizations, and facilities prescribed by Presidential Decree, as deemed in need of education on suicide prevention, shall endeavor to provide education on suicide prevention to prevent suicidal attempts and create a culture of respect for life. <Newly Inserted on Jul. 11, 2023> |
| (3) | The heads of institutions, organizations, and facilities referred to in each subparagraph of paragraph (1) and paragraph (2) and the principals of schools defined in Article 2 of the Higher Education Act shall endeavor to provide counseling on suicide prevention to prevent suicidal attempts and create a culture of respect for life. <Newly Inserted on Jul. 11, 2023> |
| (4) | The Minister of Health and Welfare may request the head of a related central administrative agency and the head of a local government to provide counseling and education on suicide prevention specified in paragraph (1) through (3) to any of the following persons who performs affairs involving persons at suicide risk and others: <Newly Inserted on Dec. 11, 2018; Jul. 11, 2023> |
| 5. | Other persons prescribed by Presidential Decree, as deemed in need of counseling and education on suicide prevention. |
| (5) | The State and local governments may develop and distribute programs necessary for counseling and education on suicide prevention under paragraphs (1) and (4) by reflecting the opinions of persons who attempted suicide or the survivors of persons who committed suicide, and may grant subsidies to the relevant institutions, organizations, and facilities to cover all or part of the expenses incurred in counseling and education on suicide prevention within the budget. <Amended on Dec. 11, 2018; Jan. 15, 2019; Jul. 11, 2023> |
| (6) | Matters necessary for counseling and education on suicide prevention, the methods and content thereof, and the number of times of education on suicide prevention and submission of the results of education under paragraphs (1) through (4), development and distribution of programs and granting subsidies under paragraph (5), and other matters shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018; Jul. 11, 2023> |
| Article 18 (Publicity for Suicide Prevention) |
| (1) | The State and each local government shall take measures necessary for helping citizens understand suicide prevention through education and publicity-related activities. <Amended on Jan. 15, 2019> |
| (2) | The Minister of Health and Welfare shall produce promotional videos regarding suicide prevention and distribute such videos to persons in charge of broadcast programming defined in subparagraph 23 of Article 2 of the Broadcasting Act to prevent suicide and encourage the participation of citizens in suicide prevention activities. <Newly Inserted on Jan. 15, 2019> |
| (3) | The Minister of Health and Welfare may request broadcasting business entities defined in subparagraph 3 of Article 2 of the Broadcasting Act to broadcast promotional videos prescribed in paragraph (2) for each channel within the ratio of programming non-commercial and public interest advertisements as prescribed by Presidential Decree pursuant to Article 73 (4) of that Act. <Newly Inserted on Jan. 15, 2019; Apr. 7, 2020> |
| (4) | A broadcasting business entity prescribed in paragraph (3) may produce and broadcast its own promotional videos besides the promotional videos prescribed in paragraph (2). In such cases, it may request the Minister of Health and Welfare to render necessary cooperation and assistance. <Newly Inserted on Jan. 15, 2019; Apr. 7, 2020> |
| (5) | A broadcasting business entity prescribed in paragraph (3) shall endeavor to broadcast promotional videos prescribed in paragraph (2) or information on the suicide prevention counseling telephone number the Minister of Health and Welfare determines, following news reports or broadcasting programs concerning suicide. <Newly Inserted on Jan. 15, 2019; Apr. 7, 2020> |
| Article 19 (Establishment of Suicide-Inducing Information Prevention System) |
| (2) | The Minister of Health and Welfare shall organize a suicide-inducing information prevention council in association with the Ministry of Education, the Ministry of Culture, Sports and Tourism, the Ministry of Science and ICT, the Ministry of Gender Equality and Family, the Korea Communications Commission, the Korean National Police Agency, and other related agencies for cooperation to block suicide-inducing information. |
| (3) | Matters necessary for the organization, functions, operation, etc. of the suicide-inducing information prevention council prescribed in paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended on Jan. 15, 2019]
| Article 19-2 (Request for Cooperation in Complying with Guidelines for News Reports on Suicide) |
| (1) | The Minister of Health and Welfare may request the press, such as broadcasting, newspapers, magazines, or the Internet newspapers, to cooperate in complying with the guidelines for news reports on suicide under Article 7 (2) 13 in order to prevent the spread of suicide resulting from news reports on suicide. <Amended on Jan. 15, 2019> |
| (2) | The press shall actively endeavor to fulfill a request for cooperation under paragraph (1). |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 19-3 (Requests for Provision of Information to Rescue People in Need of Emergency Rescue) |
| (1) | In case of an emergency where the life and body of a person at suicide risk who falls under any of the following (hereafter in this Article referred to as "person in need of emergency rescue") needs to be protected and it is impossible to identify the location, etc. of and rescue the person in need of emergency rescue by other means, the head of a police agency, coast guard agency, or fire service agency (hereafter in this Article referred to as "emergency rescue agency") may request the providers of information and communications services defined in Article 2 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection to allow the perusal or submission of materials (hereinafter referred to as "request for the provision of materials"): |
| 1. | A person who expresses his or her intention or plan to commit suicide; |
| 2. | A person who seeks suicide partners; |
| 3. | A person deemed highly likely to commit suicide in light of purchasing, or expressing the intention to purchase, hazardous objects used for suicide, or any other behavior. |
| (2) | Materials subject to requests for the provision of materials mean the names, resident registration numbers (where resident registration numbers do not exist, referring to birth dates), addresses, telephone numbers, IDs (referring to user identification codes to identify justifiable users of computer systems or communication networks), and e-mail addresses of persons in need of emergency rescue, as well as their personal location information defined in subparagraph 2 of Article 2 of the Act on the Protection, Use, etc. of Location Information. |
| (3) | A request for the provision of materials shall be made in writing, specifying the cause of such request, relevance to persons in need of emergency rescue, and the scope of necessary materials (hereinafter referred to as "written request for the provision of materials"): Provided, That there is any urgent cause making it impossible to file a written request, such request may be filed by other means than filing a written request, but when such cause ceases to exist, a written request for the provision of materials shall be submitted to providers of information and communications services without delay. |
| (4) | Upon receipt of a request for the provision of materials under paragraph (1), a provider of information and communications services shall render cooperation therein without delay. |
| (5) | Where an emergency rescue agency or a provider of information and communications services requests or provides the information that specifies personal information or locations pursuant to paragraphs (1) and (2), such emergency rescue agency or provider of information and communications services shall notify the relevant personal information subject (referring to the person identified by the information prescribed in paragraph (2)) of such fact immediately: Provided, That where making an immediate notice is likely to cause an obvious danger to the life and body of the personal information subject, such fact shall be notified without delay after the cause of such danger ceases to exist. |
| (6) | No person who works or has worked for an emergency rescue agency or engages or has engaged in emergency rescue affairs shall use the personal information provided for the purpose of emergency rescue for other purposes. |
| (7) | Where an emergency rescue agency requests the provision of personal information pursuant to paragraph (1), it shall keep the following matters as prescribed by Presidential Decree, and where the relevant personal information subject requests the verification, perusal, reproduction, etc. of the personal information collected, it shall comply with the request without delay: |
| 1. | The requesting person; |
| 2. | The date and purpose of the request; |
| 3. | Details provided by providers of information and communications services. |
| (8) | No emergency rescue agency shall inform a third party of the information that specifies personal information and locations provided to it pursuant to paragraphs (1) and (2): Provided, That the same shall not apply to the following cases: |
| 1. | Where the consent of a personal information subject is obtained; |
| 2. | Where such information is provided to another emergency rescue agency in an inevitable circumstance for emergency rescue activities. |
| (9) | The Minister of Health and Welfare may request emergency rescue agencies to provide statistical data on the current status, such as the number of times of being provided with materials pursuant to paragraph (1) and types of such materials, within the scope necessary to collect, analyze, and manage suicide statistics under Article 12 by the methods prescribed by Presidential Decree, and the emergency rescue agencies shall comply with such request unless there is a compelling reason not to do so. |
[This Article Newly Inserted on Jan. 15, 2019]
| Article 19-4 (Obligations of Providers of Information and Communications Services) |
| (1) | A provider of information and communications services who meets the standards prescribed by Presidential Decree, such as the average number of daily users and sales, shall designate a person in charge of the provision of materials prescribed in Article 19-3 (1) and report such designation to the Minister of Health and Welfare. |
| (2) | The details, methods, procedures, etc. of reporting under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 15, 2019]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 20 (Support for Persons who Attempted Suicide) |
| (1) | The State and each local government may provide psychological counseling, counseling treatment, legal aids, living costs, etc. to persons who attempted suicide, etc., in order to help alleviate the severe psychological impact on persons who attempted suicide and their family members, the survivors of persons who committed suicide, etc. and to stabilize their living. <Amended on Feb. 8, 2017; Dec. 11, 2018; Jan. 15, 2019> |
| (2) | The State and each local government may grant subsidies for human resources and expenses necessary to operate a self-help group in which the survivors, etc. of persons who committed suicide participate. <Newly Inserted on Dec. 11, 2018; Jan. 15, 2019> |
| (3) | The State and each local government shall provide information on measures for supporting the survivors of persons who committed suicide and procedures for using such measures to help them actively use the measures. <Newly Inserted on Jan. 15, 2019> |
| (4) | Where the survivors of persons who committed suicide do not directly file an application for supporting measures, the State and each local government shall file an application for such measures ex officio as prescribed by Presidential Decree to immediately provide support to such survivors. In such cases, the consent of persons eligible to receive support shall be obtained, and where such consent is obtained, the persons eligible to receive support shall be deemed to have filed an application for the measures. <Newly Inserted on Jan. 15, 2019> |
| Article 21 (Consideration for Honor and Peace in Life) |
In taking suicide prevention measures, the State and each local government shall ensure that the honor and peace in the life of persons who committed suicide, persons who attempted suicide, their family members, etc. are not unduly undermined.
| Article 22 (Training of Experts) |
The State and each local government shall endeavor to take measures necessary to train and secure experts in suicide prevention, etc. and improve their qualities.
| Article 23 (Assistance to Non-Governmental Organizations) |
| (1) | The State and each local government may provide necessary assistance to organizations that implement suicide prevention programs in performing relevant affairs. <Amended on Jan. 15, 2019> |
| (2) | The State and each local government may subsidize the expenses necessary for the activities of gatekeepers. <Newly Inserted on Jan. 15, 2019; Feb. 3, 2022> |
| Article 24 (Prohibition on Divulgence of Confidential Information) |
A person who performed or performs duties regarding suicide prevention under this Act shall not divulge or publish others' confidential information known to him or her in the course of performance of his or her duties.
| Article 24-2 (Cooperation from Related Agencies) |
| (1) | Where necessary to implement a policy for suicide prevention and the creation of a culture of respect for life, the Minister of Health and Welfare, the head of a related central administrative agency, or a Mayor/Do Governor may request the head of a related central administrative agency, a local government, a related public institution, or any other related institution or organization to provide cooperation. |
| (2) | A person requested to provide cooperation under paragraph (1) shall comply therewith unless there is a compelling reason not to do so. |
[This Article Newly Inserted on Dec. 11, 2018]
CHAPTER VI? PENALTY PROVISIONS
| Article 25 (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 Feb. 3, 2022> |
| 1. | A person who uses criminal justice information for any other purposes than its original purpose or provides such information to a third person, in violation of Article 12-3 (5); |
| 2. | A person who uses the information provided pursuant to Article 19-3 (1) for any other purposes than emergency rescue, in violation of Article 19-3 (6); |
| 3. | A person who provides the information provided under Article 19-3 (1), without obtaining the consent of a personal information subject or for any other purposes than emergency rescue, or a person who receives such information, in violation of Article 19-3 (8). |
| (2) | A person who violates Article 24 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| (3) | A person who distributes suicide-inducing information through the information and communications network in violation of Article 19 (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| (4) | A person who refuses a request for the provision of materials in violation of Article 19-3 (4) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 20 million won. |
[This Article Wholly Amended on Jan. 15, 2019]
| Article 26 (Administrative Fines) |
| (1) | A person who fails to take measures, such as destruction, in violation of Article 12-2 (5) shall be subject to an administrative fine not exceeding 30 million won. <Newly Inserted on Feb. 3, 2022> |
| (2) | A person who fails to notify the provision of information in violation of Article 19-3 (5) shall be subject to an administrative fine not exceeding 10 million won. <Amended on Feb. 3, 2022> |
| (3) | Administrative fines specified in paragraphs (1) and (2) shall be imposed and collected by the Minister for Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Newly Inserted on Feb. 3, 2022> |
[This Article Newly Inserted on Jan. 15, 2019]
ADDENDA <Act No. 10516, Mar. 30, 2011>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDUM <Act No. 14561, Feb. 8, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15899, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 24-2 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Master Plan)
A master plan for suicide prevention formulated under the previous provisions as at the time this Act enters into force shall be deemed a master plan for suicide prevention under the amended provisions of Article 7.
ADDENDUM <Act No. 16255, Jan. 15, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16722, Dec. 3, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 17213, Apr. 7, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Presidential Decree No. 18821, Feb. 3, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Provision of Information of Persons Who Attempted Suicide)
The amended provisions of Article 12-2 (2) shall begin to apply where a person attempts suicide or a person commits suicide in the competent jurisdiction after this Act enters into force.
ADDENDA <Act No. 18900, Jun. 10, 2022>
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 the Korea Foundation for Suicide Prevention)
| (1) | The Korea Foundation for Suicide Prevention established under Article 32 of the Civil Act as at the time this Act enters into force (hereinafter referred to as “old corporation”) may file an application for approval with the Minister of Health and Welfare to ensure that the Korea Foundation for Suicide Prevention established by resolution at a general meeting under this Act (hereinafter referred to as “new corporation”) may succeed to all the property, rights, and obligations of the old corporation. |
| (2) | Notwithstanding the provisions of the Civil Act governing dissolution and liquidation of a corporation, the old corporation that obtains approval from the Minster of Health and Welfare under paragraph (1) shall be deemed dissolved upon establishment of the new corporation, and the new corporation shall succeed to all the competent affairs, rights and obligations, and property that belonged to the old corporation. |
| (3) | The value of the property that the new corporation will succeed to under paragraph (2) shall be the book value as of the date immediately preceding the registration date of establishment of the new corporation. |
| (4) | The name of the old corporation indicated in the register or other official books as at the time of establishment of the new corporation shall be deemed to be the name of the new corporation. |
| (5) | The executive officers or employees of the old corporation as at the time of establishment of the new corporation shall be deemed the executive officers or employees of the new corporation, and the term of office for the executive officers or employees of the new corporation shall be counted from their prior appointment date. |
| (6) | Any action conducted by or against the old corporation before the new corporation is established shall be deemed an action conducted by or against the new corporation. |
ADDENDUM <Act No. 19529, Jul. 11, 2023>
This Act shall enter into force one year after the date of its promulgation.