The purpose of this Act is to enhance the international competitiveness of the health industry and to contribute to the improvement of national health and conducting programs to support the fostering and development of the health industry and the improvement of health services in a specialized and systematic manner by establishing the Korea Health Industry Development Institute.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 2 (Corporate Entity) |
The Korea Health Industry Development Institute (hereinafter referred to as the "Institute") shall be a corporation.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 3 (Establishment) |
| (1) | The Institute shall be established at the time it registers such establishment at the location of its main office. |
| (2) | Matters to be registered for incorporation under paragraph (1) shall be as follows: |
| 3. | Matters regarding its main office and branch offices; |
| 4. | Name and address of executive officers; |
| 5. | Method of public announcement. |
[This Article Wholly Amended on Mar. 28, 2008]
| (1) | The location of the main office of the Institute shall be prescribed by its articles of incorporation. |
| (2) | The Institute may establish a branch office in any place where necessary. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 5 (Articles of Incorporation) |
| (1) | The articles of incorporation of the Institute shall include the following matters: |
| 3. | Locations of the main office and branch offices; |
| 4. | Matters regarding its business and execution thereof; |
| 5. | Matters regarding executive officers and employees; |
| 6. | Matters regarding board of directors; |
| 7. | Matters regarding assets and accounting; |
| 8. | Matters regarding methods of public announcement; |
| 9. | Matters regarding the enactment, amendment, and repeal of internal regulations; |
| 10. | Matters regarding the modification of the articles of incorporation. |
| (2) | The Institute shall obtain an authorization from the Minister of Health and Welfare to modify the articles of incorporation. <Amended on Jan. 18, 2010> |
[This Article Wholly Amended on Mar. 28, 2008]
The Institute shall conduct the following programs in order to achieve the purpose referred to in Article 1: <Amended on Mar. 28, 2008; Feb. 3, 2016> | 1. | Technological development support programs for the development of the technologies of the health industry and the commercialization thereof; |
| 2. | Programs regarding the investigation, analysis, and utilization of information and statistics on the health industry; |
| 3. | Technological support programs and programs to support the start-up and fostering of venture enterprises in order to boost managerial efficiency in the health industry; |
| 4. | Technological support programs for the testing, inspection, production, and distribution of foods, food additives, drugs, and medical devices; |
| 5. | Technical support programs for the creation, operation, and management of health and medical science industrial complexes; |
| 6. | Support for policy research and policy establishment, education and public relations, and international cooperation programs for the development of the health industry; |
| 7. | Programs to improve health services; |
| 8. | Health product quality certification programs; |
| 10. | Programs for attracting international patients and supporting overseas expansion of medical services; |
| 11. | Programs entrusted by the Government; |
| 12. | Programs incidental to the projects referred to in subparagraphs 1 through 10 and other programs necessary for the achievement of the purposes of the Institute. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 7 (Executive Officers) |
| (1) | The Institute shall have up to 11 directors, including the president, and 1 auditor. |
| (2) | The term of office of the president shall be 3 years and the term of office of other directors, other than the president, and the auditor shall be 2 years. |
| (3) | Directors and auditors, other than the president, shall be appointed, as prescribed by the articles of incorporation. |
| (4) | The number of full-time executive officers out of the executive officers under paragraph (1) shall not exceed 2, and matters regarding full-time executive officers shall be prescribed by the articles of incorporation. |
| (5) | The auditor shall audit and inspect the business affairs and accounting of the Institute. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 8 (Board of Directors) |
| (1) | The Institute shall have a board of directors to deliberate and resolve on important matters regarding its business affairs. |
| (2) | The board of directors shall be comprised of directors including the president. |
| (3) | The president shall convene the board of directors and shall be the chairperson thereof. |
| (4) | The auditor may attend and speak at the board of directors. |
[This Article Wholly Amended on Mar. 28, 2008]
| (1) | The Institute shall have 1 president. |
| (2) | The president shall represent the Institute, have general supervision and control of the business affairs of the Institute, and direct and supervise its employees. |
| (3) | The president shall be appointed by the Minister of Health and Welfare, as prescribed by the articles of incorporation. <Amended on Jan. 18, 2010> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 10 (Appointment and Dismissal of Employees) |
Employees of the Institute shall be appointed and dismissed by the president, as prescribed by the articles of incorporation.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 11 (Financial Resources) |
The Institute shall be established and operated with contributions from the Government or any person other than the Government and other revenues.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 12 (Contributions) |
| (1) | The Government shall provide contributions necessary to cover expenses incurred in relation to the programs and operation of the Institute within the budget. |
| (2) | The Institute shall submit a budget request for contributions for the following year to the Minister of Health and Welfare every business year, as prescribed by Presidential Decree. <Amended on Jan. 18, 2010> |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 13 (Business Year) |
The business year of the Institute shall coincide with the fiscal year of the Government.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 14 (Setting of Management Goals) |
| (1) | The president shall establish management goals and submit them to the Minister of Economy and Finance and the Minister of Health and Welfare subject to resolution by the board of directors, as prescribed by Presidential Decree. The same shall also apply to any modification of management goals. <Amended on Jan. 18, 2010> |
| (2) | The president shall prepare a management performance report for the previous year and submit it to the Minister of Economy and Finance and the Minister of Health and Welfare, as prescribed by Presidential Decree. <Amended on Jan. 18, 2010> |
| (3) | The president shall prepare a budget and a statement of accounts for each business year and submit them to the Minister of Health and Welfare for approval after resolution by the board of directors, as prescribed by Presidential Decree. The same shall also apply where he or she intends to change the budget. <Amended on Jan. 18, 2010> |
| (4) | If the budget under paragraph (3) is finalized or revised, the president shall report it to the Minister of Economy and Finance and the Chairperson of the Board of Audit and Inspection of Korea without delay. |
[This Article Wholly Amended on Mar. 28, 2008]
| Article 15 (Request for Provision of Data) |
The Institute may request the State, local governments, public institutions, public organizations, research institutes, educational institutions, etc. to provide data necessary for conducting its programs.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 16 (Duty of Confidentiality) |
No person who is or was an executive officer or employee of the Institute shall divulge or misappropriate any confidential information he or she has become aware of in the course of performing his or her duties.
[This Article Wholly Amended on Mar. 28, 2008]
| Article 17 (Application Mutatis Mutandis of Civil Act) |
Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Institute. [This Article Wholly Amended on Mar. 28, 2008]
| Article 18 (Penalty Provisions) |
Any person who fails to observe the duty of confidentiality, in violation of Article 16, shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won. <Amended on Sep. 19, 2017> [This Article Wholly Amended on Mar. 28, 2008]
ADDENDA <Act No. 5671, Jan. 21, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the provisions of Article 4 of the Addenda shall enter into force on the date of registration of establishment of the Institute. Article 2 (Preparation for Establishment)
| (1) | The Minister of Health and Welfare shall commission up to 7 incorporators within 30 days from the date this Act enters into force and have them take charge of business affairs regarding the establishment of the Institute and business affairs regarding the appointment of directors and auditors at the time of establishment. |
| (2) | The incorporators shall prepare the articles of incorporation of the Institute and obtain an authorization from the Minister of Health and Welfare. |
| (3) | When the incorporators have obtained an authorization under paragraph (2), they shall, without delay, file for registration of the establishment of the Institute under joint signature and then hand over the business affairs to the president. |
| (4) | Incorporators shall be deemed dismissed upon completing the hand-over of business affairs under paragraph (3). |
| (5) | Expenses incurred in the establishment of the Institute until the Institute is established shall be jointly borne by the Korea Food Sanitation Research Institute under the Food Sanitation Act and the National Evidence-based Healthcare Collaborating Agency (hereinafter referred to as the "respective research institutes"). |
Article 3 (Succession to Rights and Obligations)
| (1) | Respective research institutes at the time this Act enters into force may file an application with the Minister of Health and Welfare so that the Institute to be established under this Act succeeds to their property, rights, and obligations by resolution of the board of directors. |
| (2) | With approval from the Minister of Health and Welfare, respective research institutes shall be deemed dissolved simultaneously with the establishment of the Institute under this Act, notwithstanding the provisions regarding the dissolution and liquidation of corporations in the Civil Act, and the Institute shall succeed to the property, rights, and obligations belonging to respective research institutes. |
| (3) | The value of the property succeeded to by the Institute pursuant to the provisions of paragraph (2) shall be the book value as of the day immediately preceding the date of registration of establishment of the Institute. |
Article 4 Omitted.
ADDENDA <Act No. 6909, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into 1 year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8068, Oct. 27, 2006>
| (1) | (Enforcement Date) This Act shall enter into force 6 months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Quality Certification of Health Products) Health products the quality of which has been certified by the Korea Health Industry Development Institute before this Act enters into force shall be deemed health products the quality of which has been certified under this Act. |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9027, Mar. 28, 2008>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 9028, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force 6 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force 2 months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 14011, Feb. 3, 2016>
This Act shall enter into force on the date of promulgation.
ADDENDUM <Act No. 14898, Sep. 19, 2017>
This Act shall enter into force on the date of promulgation.