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ENFORCEMENT DECREE OF THE KOREA HEALTH PERSONNEL LICENSING EXAMINATION INSTITUTE ACT

Presidential Decree No. 29269, Oct. 30, 2018

 Article 1 (Purpose)
The purpose of this Presidential Decree is to prescribe the mandates of the Korea Health Personnel Licensing Examination Institute Act and matters necessary for the enforcement thereof.
 Article 2 (Allowances for Commissioner of Examination)
The president (hereinafter referred to as the "president") under Article 7 (1) of the Korea Health Personnel Licensing Examination Institute Act (hereinafter referred to as the "Act") may pay allowances to commissioners of examination under Article 13 of the Act within the budget.
 Article 3 (Securing of Budget for Contributions)
(1) If the Minister of Health and Welfare intends to make a contribution to the Korea Health Personnel Licensing Examination Institute (hereinafter referred to as the "Korea Health Personnel Licensing Examination Institute") pursuant to Article 15 (1) of the Act, he or she may review a budget request for contributions under paragraph (2) and reflect it within the budget.
(2) The president shall submit a budget request for contributions (including electronic documents) for the following year to the Minister of Health and Welfare by April 30 each year, along with the following documents (including electronic documents):
1. Business plans and fund receipt and disbursement plans, for the following year;
2. Estimated balance sheet and estimated income statement for the following year;
3. Other documents required to clarify the budget request for contributions (including electronic documents).
(3) The Minister of Health and Welfare shall notify the president when the budget for contributions becomes final under paragraph (1).
 Article 4 (Payment, Use, and Management of Contributions)
(1) In order to receive contributions under Article 15 (1) of the Act, the president shall submit to the Minister of Health and Welfare an application for payment of contributions (including electronic documents), along with a quarterly business plan and a budget execution plan (including electronic documents) no later than 15 days prior to the commencement of the relevant quarter.
(2) Upon receipt of an application for payment of contributions under paragraph (1), the Minister of Health and Welfare may pay contributions within the budget after examining the feasibility of the quarterly business plans and budget execution plans.
(3) The president shall use the contributions received pursuant to paragraph (2) only for the following purposes:
1. Personnel expenses for employees under his or her jurisdiction;
2. Research expenses for improving the examination system;
3. Expenses incurred in establishing equipment and materials and examination facilities for conducting examinations;
4. Expenses incurred in conducting and managing examinations;
5. Other matters determined by the Minister of Health and Welfare as expenses incurred in the operation, etc. of the Korea Health Personnel Licensing Examination Institute.
(4) If the president who has received contributions pursuant to paragraph (2) uses contributions for any purpose other than those referred to in paragraph (3), the Minister of Health and Welfare shall recover all of the contributions used.
(5) If the president receives contributions pursuant to paragraph (2), he or she shall manage them by establishing a separate account.
(6) Upon receipt of contributions under paragraph (2), the president shall report the results of business plans under paragraph (1) and the results of execution of budget execution plans to the Minister of Health and Welfare within 30 days from the end of the relevant quarter.
 Article 5 (Submission of Business Plans and Budgetary Documents)
(1) If the president intends to obtain approval for a business plan and budget pursuant to the former part of Article 17 (1) of the Act, he or she shall submit to the Minister of Health and Welfare a business plan and a budgetary document (including electronic documents) for the following year, along with the following documents (including electronic documents), by Dec. 31 of each year:
1. The estimated balance sheet for the following year;
2. The estimated income statement for the following year;
3. The fund plan for the following year.
(2) If the president intends to obtain approval for a change of a business plan and budget pursuant to the latter part of Article 17 (1) of the Act, he or she shall submit to the Minister of Health and Welfare a business plan and a budgetary document to be changed (including electronic documents), along with the following documents (including electronic documents):
1. The estimated balance sheet for the relevant year;
2. The estimated income statement for the relevant year;
3. The fund plan for the relevant year.
 Article 6 (Submission of Settlement of Accounts)
Pursuant to Article 17 (2) of the Act, the president shall submit to the Minister of Health and Welfare the written settlement of accounts concerning revenue and expenditure (including electronic documents) and a report on the business outcome (including electronic documents) for each business year, along with the following documents (including electronic documents), no later than the end of February of the following year: <Amended on Oct. 30, 2018>
1. A table comparing the business plan for the relevant year with its execution records;
2. A balance sheet and an income statement for the relevant year;
3. A written opinion of an auditor or certified public accountant under subparagraph 7 of Article 2 of the Act on External Audit of Stock Companies;
4. An auditor’s opinion under Article 7 (1) of the Act;
5. Other documents substantiating the settlement of accounts and the business performance.
 Article 7 (Treatment of Surplus)
If a surplus accrues according to the settlement of accounts at the end of each business year, the president shall carry forward to the following year any balance remaining, if any, after appropriating such surplus for compensation for losses carried forward.
 Article 8 (Approval of Examination Plans)
If the president intends to obtain approval of an examination plan pursuant to Article 18 of the Act, he or she shall submit to the Minister of Health and Welfare an examination implementation plan (including electronic documents) including the following matters:
1. Type of the examination;
2. Date and time of the examination;
3. Examination venue;
4. Examination subjects;
5. Period for submitting an application for the examination;
6. Other matters necessary for administering the examination.
 Article 9 (Corrective Orders)
If the Minister of Health and Welfare intends to request a correction or order any other necessary measures pursuant to Article 19 (4) of the Act, he or she shall notify the president thereof, specifying the details of violation, matters to be corrected, deadline for correction, etc. in writing.
 Article 10 (Management of Sensitive Information and Personally Identifiable Information)
(2) If it is essential for conducting affairs related to the verification of grounds for disqualification of executive officers under Article 8 of the Act, the Minister of Health and Welfare and the Korea Health Personnel Licensing Examination Institute may process information corresponding to criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data, including resident registration numbers, referred to in subparagraph 1 of Article 19 of the Decree of that Act.
 Article 11 (Criteria for Imposition of Administrative Fines)
The criteria for the imposition of administrative fines under Article 26 (1) of the Act shall be as specified in the attached Table.
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. 29269, Oct. 30, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2018.
Articles 2 through 11 Omitted.