ENFORCEMENT DECREE OF THE EMERGENCY MEDICAL SERVICE ACT
Wholly Amended by Presidential Decree No. 17883, Jan. 7, 2003
Amended by Presidential Decree No. 18390, May 24, 2004
Presidential Decree No. 19493, May 30, 2006
Presidential Decree No. 19513, jun. 12, 2006
Presidential Decree No. 19806, Dec. 29, 2006
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 20816, jun. 11, 2008
Presidential Decree No. 21095, Oct. 29, 2008
Presidential Decree No. 21226, Dec. 31, 2008
Presidential Decree No. 21882, Dec. 14, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23755, Apr. 27, 2012
Presidential Decree No. 24019, Aug. 3, 2012
Presidential Decree No. 24077, Aug. 31, 2012
Presidential Decree No. 24175, Nov. 12, 2012
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25191, Feb. 18, 2014
Presidential Decree No. 25448, Jul. 7, 2014
Presidential Decree No. 25612, Sep. 18, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26444, Jul. 24, 2015
Presidential Decree No. 26742, Dec. 22, 2015
Presidential Decree No. 26916, Jan. 19, 2016
Presidential Decree No. 27129, May 10, 2016
Presidential Decree No. 28069, May 29, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28453, Nov. 28, 2017
Presidential Decree No. 29840, jun. 11, 2019
Presidential Decree No. 30876, Jul. 28, 2020
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 32267, Dec. 28, 2021
Presidential Decree No. 33005, Nov. 29, 2022
Presidential Decree No. 33099, Dec. 20, 2022
Presidential Decree No. 34190, Feb. 6, 2024
The purpose of this Decree is to provide for matters delegated by the Emergency Medical Service Act and matters necessary for enforcing said Act. <Amended on Jun. 11, 2008>
| Article 2 (Standards and Procedures for Transport of Non-Emergency Patients) |
| (1) | Where medical personnel deem that a patient who visits an emergency medical institution is not an emergency patient but needs a medical examination and treatment, the medical personnel may request a medical facility which is not an emergency department to examine and treat the patient, or transport the patient to another medical institution with the consent of the person him or herself or his or her legal representative pursuant to Article 7 of the Emergency Medical Service Act (hereinafter referred to as the "Act") <Amended on Jun. 11, 2008> |
| (2) | Where medical personnel request a medical facility which is not the emergency department, to examine and treat a non-emergency patient, or transport the patient to another medical institution pursuant to paragraph (1), the medical personnel shall explain why the relevant patient is not the emergency patient, and recommend medical treatment, a branch of medical practice, etc. to the patient. |
| (3) | Where the head of a medical institution transports a non-emergency patient to another medical institution pursuant to paragraph (1), he or she shall, immediately upon receipt of a request, provide medical records necessary for medical examination and treatment to the medical institution to which the patient has been transported, the patient or his or her legal representative. |
| Article 3 (Formulation of Annual Implementation Plans) |
The Minister of Health and Welfare shall formulate an implementation plan annually based on the relevant master plan for emergency medical services by October 31 of the year before that in which such plan is to be implemented pursuant to Article 13-2 (5) of the Act. [This Article Wholly Amended on Aug. 3, 2012]
| Article 4 Deleted. <Aug. 3, 2012> |
| Article 5 (Evaluation of Regional Implementation Plan for Emergency Medical Services) |
| (1) | For the purpose of an evaluation under Article 13-3 (3) of the Act, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall submit to the Minister of Health and Welfare a regional implementation plan for emergency medical services for the following year formulated pursuant to Article 13-3 (1) of the Act, by December 31 each year. <Amended on Jul. 24, 2015; Dec. 20, 2022> |
| (2) | For the purpose of an evaluation under Article 13-3 (3) of the Act, a Mayor/Do Governor shall submit the results of a regional implementation plan for emergency medical services for the preceding year to the Minister of Health and Welfare by the end of February each year. <Amended on Dec. 20, 2022> |
[This Article Wholly Amended on Aug. 3, 2012]
| Article 5-2 (Scope of Data) |
| (1) | The Minister of Health and Welfare may request the heads of central administrative agencies, local governments, institutions or organizations related to emergency medical services, and public institutions, to submit the following data concerning emergency patients to formulate and implement a master plan for emergency medical services under Article 13-2 (1) of the Act, pursuant to Article 13-4 (1) of the Act: |
| (2) | The scope of data that a Mayor/Do Governor may request to formulate and implement a regional implementation plan for emergency medical services prescribed in Article 13-3 (1) of the Act, pursuant to Article 13-4 (1) of the Act are as follows: <Amended on Dec. 20, 2022> |
| 1. | Data concerning duties performed pursuant to Article 25 (1) 1 and 5 through 9 of the Act by the National Emergency Medical Center established under Article 25 (1) of the Act; |
| 2. | Status of facilities, equipment and human resources of the following institutions located in his or her jurisdiction, and statistical data concerning activities performed by such institutions: |
| (a) | Regional emergency medical center designated pursuant to Article 26 (1) of the Act; |
| (b) | Specialized emergency medical center designated pursuant to Article 29 (1) of the Act; |
| (c) | Local emergency medical center designated pursuant to Article 30 (1) of the Act; |
| (d) | Local emergency medical institution designated pursuant to Article 31 (1) of the Act; |
| 3. | Data concerning activities performed by an emergency medical support center for each region established pursuant to Article 27 (1) of the Act, pursuant to Article 27 (2) 3, 7 and 8 of the Act. |
| (3) | The Minister of Health and Welfare shall produce and manage the following information by utilizing data collected pursuant to paragraph (1): |
| 1. | Current occurrence of acute illnesses and injuries in each region, each group of diseases, and each period; |
| 2. | Distribution of emergency medical service resources; |
| 4. | Courses and results of medical treatment of emergency patients; |
| 5. | Other information necessary to ascertain flows of emergency patients and emergency medical services provided. |
| (4) | The Minister of Health and Welfare shall delete personally identifiable information, such as resident registration numbers, immediately after he or she has produced information under paragraph (3), and also destroy data collected pursuant to paragraph (1) pursuant to Article 21 of the Personal Information Protection Act. |
[This Article Newly Inserted on Jul. 24, 2015]
| Article 6 (National Emergency Medical Committee) |
| (1) | The term of office of Committee members appointed under Article 13-5 (5) of the Act, shall be three years. |
| (2) | Where an appointed Committee member falls under any of the following cases, the Chairperson may dismiss the relevant member from office: <Newly Inserted on May 10, 2016> |
| 1. | Where he or she becomes unable to perform his or her duties due to any mental or physical impairment; |
| 2. | Where he or she commits misconduct in relation to his or her duties; |
| 3. | Where he or she is deemed inappropriate to serve as a member of the City/Do committee due to neglect of duty, loss of dignity or for other similar reasons; |
| 4. | Where he or she clearly expresses that it is impracticable for him or her to perform his or her duties. |
| (3) | The Chairperson of the National Emergency Medical Committee (hereinafter referred to as the "Committee") under Article 13-5 of the Act shall represent the Committee and preside over the affairs of the Committee. <Amended on May 10, 2016> |
| (4) | The chairperson of the Committee shall convene its meetings, where he or she deems it necessary or where a request for a meeting is made by at least 1/3 of its members. <Amended on May 10, 2016; Dec. 28, 2021> |
| (5) | A Committee meeting shall commence upon the attendance of a majority of its incumbent members, and pass resolutions with the concurrent vote of a majority of the members present. <Amended on May 10, 2016> |
| (6) | The Committee shall have one administrative secretary, appointed by the Minister of Health and Welfare from among members of the Senior Executive Service of the Ministry of Health and Welfare. <Amended on May 10, 2016> |
| (7) | The Committee may install specialized committees by field under its control to have a professional review on the matters for deliberation. <Newly Inserted on Dec. 28, 2021> |
| (8) | The Committee may provide allowances and reimburse travel expenses, and other necessary expenses to the Committee members, relevant public officials, or related experts who attend the meetings of specialized committees within budgetary limits: Provided, That the foregoing shall not apply where a public official member or a related public official attends the meeting in direct relation to his or her duties. <Amended on May 10, 2016; Dec. 28, 2021> |
| (9) | Except as provided in paragraphs (1) through (8), matters necessary for the operation of the Committee and specialized committees shall be determined by the chairperson following deliberation by the Committee. <Amended on May 10, 2016; Dec. 28, 2021> |
[This Article Wholly Amended on Aug. 3, 2012]
| Article 7 (Establishment, etc. of City/Do Emergency Medical Committee) |
| (1) | A City/Do emergency medical committee (hereinafter referred to as "City/Do committee") under Article 13-6 (1) of the Act shall be comprised of not more than ten members, including one chairperson and one vice chairperson <Amended on Aug. 3, 2012> |
| (2) | A Mayor/Do Governor shall appoint a chairperson and a vice chairperson from among members of the related City/Do committee; and appoint or commission members of the related City/Do committee, from among the following persons: <Amended on Aug. 3, 2012; Jul. 24, 2015> |
| 1. | Persons representing emergency medical institutions; |
| 2. | Persons representing emergency medical support centers; |
| 3. | Fire-fighting officials in charge of emergency medical services in the fire headquarters of the relevant Special Metropolitan City, Metropolitan City, Special Self-governing City, Do or Special Self-governing Province (hereinafter referred to as "City/Do"); |
| 4. | Public officials in charge of affairs related to emergency medical services of the related City/Do; |
| 6. | Persons who have considerable knowledge and experience in emergency medical services. |
| (3) | Where a member of the City/Do committee falls under any of the following cases, the Mayor/Do Governor may dismiss the relevant member or remove him or her from office: <Newly Inserted on May 10, 2016> |
| 1. | Where he or she becomes unable to perform his or her duties due to any mental or physical impairment; |
| 2. | Where he or she commits misconduct in relation to his or her duties; |
| 3. | Where he or she is deemed inappropriate to serve as a member of the City/Do committee due to neglect of duty, loss of dignity or for other similar reasons; |
| 4. | Where he or she clearly expresses that it is impracticable for him or her to perform his or her duties. |
[Title Amended on Aug. 3, 2012]
| Article 7-2 (Composition and Operation of City/Do Task Force for Emergency Medical Services) |
Matters related to the composition and operation of the City/Do Task Force for Emergency Medical Services under Article 13-6 (3) of the Act (hereafter referred to as "Task Force" in this Article) shall be prescribed by municipal ordinances of the relevant City/Do, in accordance with the following standards: | 1. | The Task Force shall be comprised of the chief and team members performing the duties of the Task Force; |
| 2. | The chief of the Task Force shall be appointed from among public officials in general service in charge of affairs related to emergency medical services of the relevant City/Do or persons with extensive knowledge of and experience in emergency medical services. In such cases, a joint chief may be appointed, if necessary. |
[This Article Newly Inserted on Dec. 20, 2022]
[Previous Article 7-2 moved to Article 7-3 <Dec. 20, 2022>]
| Article 7-3 (Persons Subject to Education on Rescue and First Aid) |
[This Article Newly Inserted on Aug. 3, 2012]
[Moved from Article 7-2 <Dec. 20, 2022>]
| Article 8 (Formulation of Plans to Educate and Promote First Aid) |
| (1) | The Minister of Health and Welfare and each Mayor/Do Governor shall formulate and implement an annual plan to educate and promote how to administer first aid (hereinafter referred to as "education and promotion plan") pursuant to Article 14 (2) of the Act. <Amended on Mar. 15, 2010> |
| (2) | An education and promotion plan shall include the following: |
| 1. | Persons subject to, details and methods of education and promotion; |
| 2. | Other necessary matters concerning education and promotion on how to administer first aid. |
| (3) | The Minister of Health and Welfare and each Mayor/Do Governor may implement an education and promotion plan he or she has formulated pursuant to paragraph (1), outsourcing the implementation thereof to an expert or organization related to education and promotion. <Amended on Mar. 15, 2010> |
[This Article Newly Inserted on Dec. 31, 2008]
| Article 8-2 (Contents of Emergency Response Manual) |
| (1) | The emergency response manual of the State under Article 15-2 (1) of the Act, shall include the following: |
| 1. | Guide to the roles of each agency and the command system related to the provision of emergency medical services in disasters; |
| 2. | Emergency medical service system in disasters; |
| 3. | Composition and operation of manpower to provide emergency medical services in disasters; |
| 4. | Status of facilities, equipment and manpower of emergency medical institutions providing medical treatment to emergency patients and support for emergency medical services when disasters occur; |
| 5. | Selection of disaster victims who urgently need psychological treatment at an initial stage, and methods of psychological treatment; |
| 6. | Stockpiling and managing goods necessary to provide emergency medical services in disasters; |
| 7. | Communications system to provide emergency medical services in disasters; |
| 8. | Education and training regarding the provision of emergency medical services in disasters; |
| 9. | Other matters necessary to provide emergency medical services for each type of disaster. |
| (2) | An emergency response manual of each local government under Article 15-2 (1) of the Act shall include the following: |
| 1. | Status of medical institutions that have organized manpower to provide emergency medical services in disasters and the details of the organization of manpower of each medical institution to provide emergency medical services; |
| 2. | Providing and utilizing equipment necessary to provide emergency medical services in disasters; |
| 3. | Status of emergency medical institutions in the jurisdiction of the local government and an emergency communications network; |
| 4. | Types, quantities, agencies stockpiling, and management of goods necessary to provide emergency medical services when a disaster occurs in the jurisdiction of the local government; |
| 5. | Status and management of a communications network to provide emergency medical services in the jurisdiction of the local government; |
| 6. | Matters necessary to conduct education and training regarding the provision of emergency medical services in disasters; |
| 7. | Other matters the head of the local government deems necessary to provide emergency medical services in disasters. |
[This Article Newly Inserted on Sep. 18, 2014]
| Article 8-3 (Education about Emergency Response Manual) |
| (1) | Emergency medical personnel of an emergency medical institution shall undergo education about the emergency response manual under Article 15-2 (2) of the Act; and the Minister of Health and Welfare shall annually prescribe and announce the number of persons, etc. subject to education for each local government and by occupation. |
| (2) | The State and each local government shall conduct education about the emergency response manual, along with basic education necessary for emergency medical services and support therefor, including the course of practice of emergency medical services, in disasters, and hours of education shall be at least 12 hours annually. |
| (3) | The State and each local government may reimburse actual expenses, such as expenses for meals and travel expenses, and expenses incurred in participating in education, to those who participate in education, within budgetary limits pursuant to Article 15-2 (2) of the Act. |
[This Article Newly Inserted on Sep. 18, 2014]
| Article 9 (Lifesaving and First Aid in Occurrence of Multiple Cases of Injuries) |
| (1) | In the event of a disaster, etc. that has caused multiple cases of casualties, the Minister of Health and Welfare or each Mayor/Do Governor shall establish a control tower to command the emergency medical institutions and related institutions pursuant to Article 18 of the Act, and shall endeavor to ensure prompt and proper lifesaving and first aid activities in consideration of such factors as the scale of casualties, scope of the affected area, type of the accident, and level of risk of an additional accident. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jan. 5, 2021> |
| (2) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) becomes aware of or receives a report on many cases of diseases and injuries, he or she shall, without delay, notify such cases to the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Nov. 16, 2023> |
| (3) | Where many cases of diseases and injuries occur, a Mayor/Do Governor or the head of a Si/Gun/Gu shall notify his or her daily activities to the Minister of Health and Welfare from the date an accident occurs to the date the accident is fully contained, and where the accident is fully contained, he or she shall, without delay, put together and notify the daily activities. <Amended on Feb. 29, 2008; Mar. 15, 2010; Nov. 16, 2023> |
| Article 10 (Formulation of Plans to Take Measures against Multiple Cases of Diseases and Injuries) |
| (1) | The Minister of Health and Welfare or each Mayor/Do Governor shall formulate an appropriate plan, in accordance with Article 18 (3) of the Act, to take measures based on the cause and scale of the occurrence of diseases and injuries in preparation for many cases of diseases and injuries. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | Each plan to take measures under paragraph (1) shall include the following: |
| 1. | Organizing and utilizing manpower, equipment and facilities for emergency medical services; |
| 2. | Establishing a system for cooperation with related agencies; |
| 3. | Emergency medical training. |
| Article 11 (Accounting Institution of Fund) |
The Minister of Health and Welfare shall appoint a revenue collector, a financial officer, a disbursing officer, and an accounting officer, from among public officials under his or her jurisdiction; and require them to engage in affairs concerning revenue and expenditure of the Emergency Medical Service Fund (hereinafter referred to as the "Fund") under Article 19 (1) of the Act. <Amended on Feb. 29, 2008; Mar. 15, 2010>
| Article 12 (Outsourcing Affairs of Fund) |
| (1) | The Minister of Health and Welfare shall outsource affairs concerning payment of an outstanding amount by subrogation under subparagraph 1 of Article 21 of the Act, to the Health Insurance Review and Assessment Service (hereinafter referred to as the "Review and Assessment Service") under Article 62 of the National Health Insurance Act, among affairs concerning the management and operation of the Fund referred to in Article 19 (2) of the Act. <Amended on Feb. 29, 2008; Jun. 11, 2008; Mar. 15, 2010; Aug. 3, 2012; Aug. 31, 2012> |
| (2) | The Minister of Health and Welfare shall allocate and pay expenses incurred in conducting affairs outsourced under paragraph (1) (hereinafter referred to as "outsourced business expenses") to the Review and Assessment Service. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 13 (Formulation of Plans to Manage and Operate Outsourced Business Expenses) |
| (1) | The President of the Review and Assessment Service (hereinafter referred to as the "President of the Review and Assessment Service") shall formulate a plan to manage and operate outsourced business expenses; and shall obtain approval from the Minister of Health and Welfare at least two months prior to the following fiscal year. Amending such plan shall be subject to approval by the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | Each plan to manage and operate outsourced business expenses under paragraph (1), shall include the following: |
| 1. | Matters concerning revenue and expenditure of outsourced business expenses; |
| 2. | Statement explaining the details of business and uses of outsourced business expenses. |
| Article 14 (Uses of Outsourced Business Expenses) |
Outsourced business expenses shall be used as follows: <Amended on Aug. 3, 2012>
| 1. | Expenses incurred in paying the outstanding amounts by subrogation under Article 22 (1) of the Act; |
| 2. | Personnel expenses and travel expenses incurred in reviewing payment by subrogation of an outstanding amount and filing claims to reimburse the subrogation amount; |
| 3. | Administrative expenses, such as expenses incurred in purchasing office supplies, incurred in examining the subrogation payment of an outstanding amount and filing claims to reimburse the advances paid by subrogation; |
| 4. | Other expenses incurred in conducting outsourced affairs. |
| Article 15 (Accounting of Outsourced Business Expenses) |
| (1) | The President of the Review and Assessment Service shall establish and manage a special account for outsourced business expenses, separately from any other accounting of the Review and Assessment Service. |
| (2) | The President of the Review and Assessment Service shall prescribe procedures and methods for accounting of outsourced business expenses after obtaining approval from the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 16 (Settlement of Accounts of Outsourced Business Expenses) |
| (1) | The President of the Review and Assessment Service shall prepare and report settlements of accounts of outsourced business expenses for the relevant year to the Minister of Health and Welfare within two months after the relevant fiscal year. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | A report on settlements of accounts of outsourced business expenses under paragraph (1), shall include the following: |
| 1. | Details concerning the use of outsourced business expenses; |
| 2. | Details of the final accounts of outsourced business expenses. |
| (3) | Where a surplus occurs after the settlement of accounts of each fiscal year, the President of the Review and Assessment Service shall carry such surplus forward to the budget for the following year and appropriate the surplus in the budget as revenue. |
| Article 17 (Medical Support in the Event of Disasters) |
Medical support under subparagraph 4 of Article 21 of the Act shall be the provision of travel expenses incurred in performing emergency medical service activities by medical personnel in a disaster, and other expenses corresponding thereto.
| Article 18 (Persons Eligible for Payment of Outstanding Amount by Subrogation) |
Persons eligible for payment of an outstanding amount by subrogation under Article 22 of the Act shall be emergency patients who do not fall under any of the following: <Amended on Aug. 3, 2012> | 1. | Persons to whom emergency medical service expenses (hereinafter referred to as "emergency medical service expenses") are paid in full pursuant to other statutes; |
| 2. | Persons to whom some emergency medical service expenses are paid pursuant to other statutes, and who are able to pay the rest of such emergency medical service expenses. |
[Title Amended on Aug. 3, 2012]
| Article 19 (Scope of Payment of Outstanding Amounts by Subrogation) |
The scope of payment of an outstanding amount by subrogation under Article 22 of the Act shall be any of the following expenses payable by the emergency patient: <Amended on Aug. 3, 2012> | 1. | Emergency medical service expenses charged by a medical institution; |
| 2. | Transport and first aid fees (excluding where a medical institution operates an ambulance, etc.) under Article 24 of the Act charged by a person who operates an ambulance, etc. |
[Title Amended on Aug. 3, 2012]
| Article 20 (Procedures for Filing Claims for and Reviewing Payment of Outstanding Amounts by Subrogation) |
| (1) | Where a person who operates a medical institution, ambulance, etc. intends to receive payments of the outstanding amounts by subrogation pursuant to Article 22 (1) of the Act, he or she shall file claims for an outstanding amount to be reimbursed by subrogation with the president of the Review and Assessment Service, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Aug. 3, 2012> |
| (2) | A person who operates a medical institution, ambulance, etc., shall file a claim for the amount outstanding by subrogation under paragraph (1) within three years from the date medical treatment or transport is completed. <Amended on Aug. 3, 2012> |
| (3) | The president of the Review and Assessment Service shall pay the advances paid for patients by subrogation after reviews the details of a claim for reimbursement of the amount of subrogation he or she filed by a medical institution under paragraph (1). <Amended on Aug. 3, 2012> |
| (4) | Necessary matters concerning the review of claims for an outstanding amount to be reimbursed by subrogation shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Aug. 3, 2012> |
[Title Amended on Aug. 3, 2012]
| Article 21 (Claim for Reimbursement of Subrogation Payments) |
Where the president of the Review and Assessment Service has paid an outstanding amount by subrogation pursuant to Article 22 (2) of the Act, he or she shall claim the amount to be fully reimbursed by the emergency patient him or herself and his or her spouse, a person within the first degree of consanguinity of the emergency patient and his or her spouse, or any other person liable to bear the medical expenses under other statutes and regulations (hereinafter referred to as "person liable for repayment") within a specified period pursuant to Article 22 (4) of the Act. In such cases, he or she may allow a person liable for repayment to reimburse the outstanding amount in installments within 48 months at his or her request. <Amended on Aug. 3, 2012; Dec. 28, 2021> [Title Amended on Aug. 3, 2012]
| Article 22 (Management of Reimbursements) |
Where the president of the Review and Assessment Service is reimbursed the claims from a person liable for repayment pursuant to Article 22 (4) of the Act, he or she shall pay the amount of reimbursement in the account of outsourced business expenses under Article 15 (1). <Amended on Aug. 3, 2012>
| Article 23 (Handling of Non-Reimbursable Amount Paid by Subrogation) |
| (1) | The scope of amount paid by subrogation which cannot be reimbursed and may be written off pursuant to Article 22 (7) and (8) of the Act shall be as follows: <Amended on Aug. 3, 2012; Dec. 20, 2022> |
| 1. | Where the whereabouts of a person liable for repayment is unknown or he or she has proved to lack assets available; |
| 2. | Where the extinctive period of prescription on the relevant right has elapsed; |
| 3. | Where the President of the Review and Assessment Service deems it impossible to recover the amount. |
| (2) | Where the president of the Review and Assessment Service intends to write off the non-reimbursable amount paid by subrogation pursuant to Article 22 (7) of the Act, he or she shall request a local government, tax office and other related agencies to check the whereabouts of the person liable for repayment or ascertain whether he or she has property: Provided, That the foregoing shall not apply where the amount in arrears is less than 100,000 won. <Amended on Aug. 3, 2012; Dec. 20, 2022> |
[Title Amended on Aug. 3, 2012]
| Article 23-2 (Outsourcing of Operation of National Emergency Medical Center) |
Pursuant to Article 25 (2) of the Act, the Minister of Health and Welfare shall entrust the affairs concerning the operation of the National Emergency Medical Center established under paragraph (1) of that Article to the National Medical Center established under the Act on Establishing and Administrating the National Medical Center. [This Article Newly Inserted on Dec. 20, 2022]
[Previous Article 23-2 moved to Article 23-3 <Dec. 20, 2022>]
| Article 23-3 (Outsourcing of Operation of Emergency Medical Support Center) |
| (1) | A relevant specialized institution, corporation or organization to which affairs concerning the operation of an emergency medical support center may be outsourced pursuant to Article 27 (3) of the Act shall be as follows: <Amended on Dec. 20, 2022> |
| 1. | The National Emergency Medical Center designated pursuant to Article 25 (1) of the Act; |
| 2. | A regional emergency medical center designated pursuant to Article 26 (1) of the Act; |
| (2) | Where the Minister of Health and Welfare outsources affairs pursuant to Article 27 (3) of the Act, he or she shall announce the trustee and the outsourced affairs. |
[This Article Newly Inserted on Jul. 24, 2015]
| Article 24 (Providing Information to Emergency Medical Support Center about Emergency Medical Institutions, etc.) |
| (1) | Information on emergency medical services which the head of an emergency medical support center, may request from the head of an emergency medical institution; and a person who operates an ambulance, etc. to provide pursuant to Article 28 (1) of the Act, shall be as follows: <Amended on Jul. 24, 2015> |
| 1. | Medical personnel, the scale, facilities, medical devices and equipment of the intensive care unit and the emergency department; |
| 2. | Organizational structure, equipment and personnel for the operation of ambulances, etc.; |
| 3. | Medical staff working at an emergency department, emergency medical personnel on duty, the number of beds available in the emergency department; |
| 4. | Where medical personnel have requested the head of an emergency medical support center to consult with another medical institution before he or she determines the transport of an emergency patient pursuant to Article 11 of the Act; information on major symptoms; vital signs; the results of examination, etc. of the patient, to be provided to another medical institution for consultation; |
| 5. | Other matters which the head of an emergency medical support center requests because he or she deems them necessary in relation to the status, etc. of major medical facilities related to emergency medical services, medical equipment, diseases and injuries on which emergency treatment may be performed, and the admission and transport of emergency patients. |
| (2) | Where the head of an emergency medical institution or a person who operates an ambulance, etc. is requested by the head of an emergency medical support center to take necessary measures, such as dispatching an ambulance, etc., the admission of an emergency patient and consultation with another medical institution, pursuant to Article 28 (2) of the Act, he or she shall notify the head of an emergency medical support center of dispatching the ambulance, etc.; treating the emergency patient; and the results of the treatment thereof. <Amended on Jul. 24, 2015> |
| (3) | Where the head of a local government, police station, fire station and military unit was requested by the head of an emergency medical support center to provide cooperation for emergency medical service, such as dispatching an ambulance; and has taken such measures, he or she shall notify the head of the emergency medical support center of dispatching the ambulance, etc.; providing manpower and equipment; treating the emergency patient; and the results of the treatment thereof. <Amended on Jul. 24, 2015> |
| (4) | Where information provided to an emergency medical support center pursuant to paragraphs (1) and (2) is changed, the head of an emergency medical institution or a person who operates an ambulance, etc. shall immediately notify the emergency medical support center of such change. <Amended on Jul. 24, 2015> |
[Title Amended on Jul. 24, 2015]
| Article 25 (Training Course for Emergency Medical Technicians) |
| (1) | A training course for emergency medical technicians under Article 36 (3) 1 of the Act, shall be classified into lectures, practice and practical training course, and subjects and hours for each course shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| (2) | A person entitled to take a training course under paragraph (1), shall be a high school graduate (including a graduate-to-be in the relevant year) defined in subparagraph 4 of Article 2 of the Elementary and Secondary Education Act or a person who has academic ability at least equal to a high school graduate. <Amended on Jun. 11, 2008> |
| (3) | The head of a training institute may grant exemption from some subjects and hours under paragraph (1) depending on a trainee's academic ability, career and qualification, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 26 (Outsourcing Administration of Examinations for Emergency Medical Technicians) |
[This Article Wholly Amended on Dec. 22, 2015]
| Article 26-2 (Report on Actual Conditions and Employment Status of Emergency Medical Technicians) |
| (1) | An emergency medical technician shall report to the Minister of Health and Welfare on the actual conditions and employment status thereof by December 31 of every third year from the date he or she obtains a qualification certificate for emergency medical technicians, pursuant to Article 36-3 (1) of the Act. |
| (2) | Where an emergency medical technician files a report under paragraph (1), he or she shall submit to the Minister of Health and Welfare a written report (including an electronic form) describing the employment status and other matters of emergency medical technicians prescribed by the Ordinance of the Ministry of Health and Welfare, with documents (including electronic documents) attached thereto certifying the completion of or exemption from refresher courses for emergency medical technicians referred to in Article 43 of the Act. |
| (3) | Where the Minister of Health and Welfare deems it necessary to efficiently handle the affairs relating to reports on the actual conditions and employment status of emergency medical technicians under Article 36-3 (1) of the Act, he or she may establish and operate an information processing system that can process relevant affairs electronically. |
[This Article Newly Inserted on May 29, 2017]
[Previous Article 26-2 moved to Article 26-4 <May 29, 2017>]
| Article 26-3 (Entrustment of Affairs) |
| (1) | The Minister of Health and Welfare may, under Article 36-3 (3) of the Act, entrust affairs relating to receipt of reports on the actual conditions and employment status of emergency medical technicians under paragraph (1) of the aforesaid Article to the following agencies, institutions, or organizations: |
| 2. | Institutions or organizations established with emergency medical technicians as their members, which have nationwide organizational networks; |
| 3. | Institutions or organizations equipped with networks, human resources, expertise, etc. needed to perform outsourced affairs, which are prescribed and publicly notified by the Minister of Health and Welfare. |
| (2) | Where the Minister of Health and Welfare intends to entrust affairs relating to receipt of reports on the actual conditions and employment status of emergency medical technicians under Article 36-3 (3) of the Act, he or she shall publicly announce matters concerning the criteria, procedure, methods, etc. of entrustment thereof in advance. |
| (3) | Where the Minister of Health and Welfare has entrusted affairs relating to receipt of reports on the actual conditions and employment status of emergency medical technicians under Article 36-3 (3) of the Act, he or she notify matters relating to the details of entrustment, entrustee, etc. in the Official Gazette, and publish it on the website of the Ministry of Health and Welfare. |
| (4) | An institution outsourced with the affairs relating to receipt of reports on the actual conditions and employment status of emergency medical technicians under Article 36-3 (3) of the Act shall report to the Minister of Health and Welfare on the business operation plan, business implementation status, fund management plan, fund implementation status, etc. |
| (5) | Specified matters necessary for the public announcement of entrustment criteria, etc., notification of details of entrustment, etc., or reports on the entrusted affairs, etc. under paragraph (2) through (4) shall be prescribed and publicly announced by the Minister of Health and Welfare. |
[This Article Newly Inserted on May 29, 2017]
| Article 26-4 (Standards for Restriction on Eligibility for Examination for Emergency Medical Technicians) |
The standards for restriction on eligibility for an examination for emergency medical technicians under Article 38 (2) of the Act shall be as specified in attached Table 1. [This Article Newly Inserted on Dec. 28, 2021]
[Previous Article 26-4 moved to Article 26-5 <Dec. 28, 2021>]
| Article 26-5 (Multi-Family Housing Required to Be Equipped with Emergency Equipment) |
| (1) | "Scale prescribed by Presidential Decree" in Article 47-2 (1) 6 of the Act, means 500 households. |
| (3) | "Public-use facilities prescribed by Presidential Decree" in Article 47-2 (1) 7 of the Act means any of the following facilities: <Amended on Jul. 7, 2014; Jul. 24, 2015; Jul. 28, 2020; Feb. 6, 2024> |
| 1. | A waiting room which has a total floor area of over 2,000 square meters or which was used by an average of over 10,000 daily passengers in the preceding year, among waiting rooms at the railroad stations (excluding railroad stations on the sections of an intercity railroad defined in subparagraph 2 (b) of Article 2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas and an urban railroad defined in subparagraph 2 of Article 2 of the Urban Railroad Act); |
| 2. | A waiting room which has a total floor area of over 2,000 square meters or which was used by an average of over 3,000 daily passengers in the preceding year, among waiting rooms at a bus terminal defined in subparagraph 5 of Article 2 of the Passenger Transport Service Act; |
| 3. | A waiting room which has a total floor area of over 2,000 square meters or which was used by an average number of over 1,000 daily passengers in the preceding year, among waiting rooms defined in subparagraph 5 (b) (iii) of Article 2 of the Harbor Act; |
| 5. | A race track prescribed in Article 4 of the Korean Racing Authority Act; |
| 9. | A central administrative agency office building prescribed by the Minister of Health and Welfare; |
| 10. | A City/Do office building prescribed by the Minister of Health and Welfare. |
[This Article Wholly Amended on Aug. 3, 2012]
[Moved from Article 26-4 <Dec. 28, 2021>]
| Article 27 (Alterations to Permission to Provide Emergency Patient Transport Service) |
| (1) | Where a person permitted to provide emergency patient transport services intends to alter any of the following matters, he or she shall obtain permission to make such alteration from the competent Mayor/Do Governor pursuant to Article 51 (3) of the Act: |
| 1. | An area where he or she provides emergency patient transport services; |
| 2. | Increase or decrease in ambulances. |
| (2) | A person permitted to provide emergency patient transport services shall report the following matters to the competent Mayor/Do Governor pursuant to Article 51 (6) of the Act: <Amended on Jun. 11, 2019> |
| 1. | Alteration of the representative or trade name; |
| 2. | Alteration of the name and location of the office (including a branch office or place of business). |
| Article 27-2 (Processing of Sensitive Information and Personally Identifiable Information) |
| (1) | If it is inevitable to conduct the following affairs, the head of a fund management institution under Article 22 (1) of the Act may process health information under Article 23 of the Personal Information Protection Act, resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act: <Amended on Dec. 20, 2022> |
| 1. | Affairs concerning payment of an outstanding amount by subrogation under Article 22 of the Act; |
| 2. | Affairs concerning requests for providing data under Article 22-2 of the Act. |
| 1. | Affairs concerning requests for cooperation in providing, etc. data, managing and utilizing data to formulate and implement a master plan for emergency medical services under Article 13-4 (1) and (3) of the Act; |
| 2. | Affairs concerning recognizing qualifications for emergency medical technicians under Article 36 of the Act, and verifying grounds for disqualification under Article 37 of the Act; |
| 3. | Affairs concerning punishment for cheating under Article 38 of the Act; |
| 4. | Affairs concerning requests for providing information on emergency medical services under Article 28 (1) of the Act and providing information under Article 28 (2) of the Act. |
| (3) | Where it is unavoidable to perform the following affairs, the Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu (where the relevant authority has been delegated or entrusted, including a person to whom the authority has been delegated or entrusted) may process data including resident registration numbers, passport numbers or alien registration numbers, prescribed in subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: |
| 1. | Affairs concerning taking measures where several cases of diseases and injuries prescribed in Article 18 of the Act have occurred; |
| 2. | Affairs concerning permission, etc. to provide transport services prescribed in Article 51 of the Act; |
| 3. | Affairs concerning reporting the suspension of transport services prescribed in Article 53 of the Act; |
| 4. | Affairs concerning taking administrative measures prescribed in Article 55 of the Act; |
| 5. | Affairs concerning hearings prescribed in Article 56 of the Act; |
| 6. | Affairs concerning imposing and collecting penalty surcharges prescribed in Article 57 of the Act. |
[This Article Newly Inserted on Jan. 6, 2012]
| Article 27-3 (Scope of Large-Scale Events) |
"Large-scale event prescribed by Presidential Decree" in Article 54-3 of the Act means an event for which the maximum instantaneous number of spectators is expected to reach at least 1,000 persons during the event period: Provided, That the events for which a reporting on a disaster management plan is accepted under Article 11 (2) of the Public Performance Act shall be excluded. [This Article Newly Inserted on Dec. 28, 2021]
| Article 28 (Imposition of Penalty Surcharges) |
| (1) | The amount of penalty surcharges imposed under Article 57 (1) of the Act shall be calculated by applying the criteria specified in attached Table 1-2, in accordance with the standards for business suspension prescribed by Ordinance of the Ministry of Health and Welfare in consideration of the type, severity, etc. of violations. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jan. 5, 2021; Dec. 28, 2021> |
| (2) | Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 57 of the Act, he or she shall notify a person who has committed an offense to pay the penalty surcharge, specifying the type of the offense and the amount of the penalty surcharge in writing. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 28-2 (Re-Examination of Regulation) |
The Minister of Health and Welfare shall examine the appropriateness of criteria for calculating penalty surcharges under Article 28 (1) and attached Table 1, every three years (referring to the period until January 1 of the year in which every three years elapse), counting from January 1, 2014, and take measures, such as making improvements. [This Article Newly Inserted on Dec. 30, 2013]
| Article 29 (Imposition of Administrative Fines) |
Criteria for imposing administrative fines under Article 62 of the Act shall be as specified in attached Table 2. [This Article Wholly Amended on Jun. 11, 2008]
ADDENDA <Presidential Decree No. 17883, Dec. 7, 2003>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18390, May 24, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2004.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 19493, May 30, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19806, Dec. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2007.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 20816, Jun. 11, 2008>
This Decree shall enter into force on June 15, 2008: Provided, That the amended provisions of Article 29 shall enter into force on June 22, 2008.
ADDENDA <Presidential Decree No. 21095, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 22, 2008.
Article 2 Omitted.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 21226, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21882, Dec. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Mar. 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23755, Apr. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24019, Aug. 3, 2012>
This Decree shall enter into force on August 5, 2012.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 24175, Nov. 12, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25191, Feb. 18, 2014>
This Decree shall enter into force on June 5, 2014.
ADDENDA <Presidential Decree No. 25448, Jul. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2014.
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 25612, Sep. 18, 2014>
This Decree shall enter into force on September 19, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Presidential Decrees amended pursuant to Article 5 of these Addenda, the provisions of Presidential Decrees promulgated before this Decree enters into force, but which have not yet entered into force, shall enter into force on the dates the relevant respective Presidential Decrees enter into force. Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26444, Jul. 24, 2015>
This Decree shall enter into force on July 29, 2015.
ADDENDA <Presidential Decree No. 26742, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26916, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016. (Proviso Omitted.)
Article 2 Omitted.
Article 3 Omitted.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 27129, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28069, May 29, 2017>
This Decree shall enter into force on May 30, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions amending any Decree that were promulgated before this Act enters into force but have yet to enter into force, among the Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the respective date the relevant Decree enters into force. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28453, Nov. 28, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 3, 2017: Provided, That the amended provisions of items (h) and (i) of subparagraph 2 of attached Table 2 shall enter into force on May 30, 2018.
Article 2 (Transitional Measures on Criteria for Imposition of Administrative Fines)
| (1) | Notwithstanding the amended provisions of subparagraph 2 of attached Table 2, previous provisions shall apply to the criteria for imposition of administrative fines with respect to any act of violation committed before Decree enters into force. |
| (2) | Dispositions of administrative fines rendered with respect to any act of violation committed before Decree enters into force shall not be included in the calculation of the number of violations under amended provisions of items (b) and (c) of subparagraph 1 of attached Table 2 and subparagraph 2 of that Table. |
ADDENDA <Presidential Decree No. 29840, Jun. 11, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 12, 2019.
Article 2 (Transitional Measures concerning Criteria for Calculation of Penalty Surcharges)
In applying criteria for calculating penalty surcharges to a violation committed before this Decree enters into force, the previous provisions shall prevail notwithstanding the amended provisions of attached Table 1.
ADDENDA <Presidential Decree No. 30876, Jul. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 30, 2020.
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32267, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2021: Provided, That the amended provisions of Articles 6 and 21 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Subrogation Payment in Installments)
If a person liable for repayment has been making a subrogation payment in installments before this Decree enters into force, the previous provisions shall apply to the period of such installment payment, notwithstanding the amended provisions of Article 21.
ADDENDA <Presidential Decree No. 33005, Nov. 29, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on Dec. 1, 2022.
Articles 2 through 14 Omitted.
ADDENDUM <Presidential Decree No. 33099, Dec. 20, 2022>
This Decree shall enter into force on December 22, 2022: Provided, That the amended provisions of Articles 23 (1) and (2), 27-2 (1) 1, and subparagraph 2 (n) of attached Table 2 shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33858, Nov. 16, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 34190, Feb. 6, 2024>
This Decree shall enter into force on February 17, 2024.