Act On The Establishment Of National University-Affiliated Dental Hospitals


Published: 2011-07-21

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.
law view
 Article 1 (Purpose)   print
The purpose of this Act is to promote the development of dental medicine and contribute to the improvement of public dental health through education and research on dental medicine and dental examinations and treatment by establishing national university-affiliated dental hospitals.
law view
 Article 2 (Corporation)   print
A national university-affiliated dental hospital (excluding the Seoul National University Dental Hospital; hereinafter referred to as "dental hospital") shall be a corporation entity.
law view
 Article 3 (Incorporation)   print
(1) A dental hospital shall be incorporated by the national university (hereinafter referred to as "related university") in which the department of dentistry is established.
(2) A dental hospital shall come into existence upon registration for its incorporation at the seat of its main office.
(3) Where necessary, a dental hospital may have a branch hospital, as prescribed by the articles of association.
(4) The substructure of a dental hospital, registration for incorporation under paragraph (2) and other matters necessary for registration shall be prescribed by Presidential Decree.
law view
 Article 4 (Articles of Association)   print
(1) The articles of association of a dental hospital shall include the following matters:
1. Its objectives;
2. Its name;
3. The seat of its main office;
4. Matters concerning its activities;
5. Matters concerning education and research on dental medicine;
6. Matters concerning its board of directors;
7. Matters concerning its executives and employees;
8. Matters concerning its organizational structure;
9. Matters concerning its assets and accounting;
10. Matters concerning the amendment of its articles of association;
11. Matters concerning public announcements;
12. Matters concerning its dissolution.
(2) Where a dental hospital amends its articles of association, it shall obtain approval from the Minister of Education, Science and Technology. <Amended by Act No. 10869, Jul. 21, 2011>
law view
 Article 5 (Name of Dental Hospital)   print
A dental hospital's name shall be "dental hospital" added to the name of the related university.
law view
 Article 6 (Prohibition of Use of Similar Name)   print
No person, other than a dental hospital under this Act,shall use the name of a dental hospital under Article 5 or the name similar thereto.
law view
 Article 7 (Activities)   print
A dental hospital shall conduct the following activities:
1. Clinical education of students in the department of dentistry of a national university;
2. Practice of residents and training of medical personnel;
3. Research related to dental medicine;
4. Clinical studies;
5. Dental examinations and treatment services;
6. Other activities required for the improvement of public dental health.
law view
 Article 8 (Executives)   print
(1) A dental hospital shall have nine directors, including the chairperson of its board of directors, and one auditor.
(2) The president of the related university shall serve as the chairperson of the board of directors, and directors shall be comprised of the president of the relevant dental hospital (hereinafter referred to as "president"), the dean of the dental college (including the dean of the graduate school of dental medicine) of the related university, the president of the related university-affiliated hospital, one person appointed by the Minister of Strategy and Finance and one person appointed by the Minister of Education, Science and Technology from among public officials in Grade 3 of the relevant ministry and public officials in general service belonging to the Senior Civil Service, the Vice Mayor of a Special Metropolitan City or Metropolitan City or the Vice Governor of a Do or Special Self-Governing Province having jurisdiction over the seat of the relevant dental hospital (hereinafter referred to as "ex officio directors"), and persons appointed by the Minister of Education, Science and Technology on the recommendation of the board of directors. More than one outsider who has profound knowledge and broad experience in the operation of a hospital and meets the requirements prescribed by Presidential Decree shall be included in directors, other than ex officio directors. <Amended by Act No. 10869, Jul. 21, 2011>
(3) The Minister of Education, Science and Technology shall appoint the auditor on the recommendation of the board of directors. <Amended by Act No. 10869, Jul. 21, 2011>
(4) No person who falls under any of the subparagraphs of Article 33 of the State Public Officials Act shall be a director, other than ex officio directors, the auditor or the president.
(5) Where a director, other than ex officio directors, the auditor or the president, falls under any of the subparagraphs of Article 33 of the State Public Officials Act, he/she shall automatically retire from office.
(6) The term of office of directors, other than ex officio directors, and the auditor shall be three years, which may be renewed consecutively.
law view
 Article 9 (Duties of Executives)   print
(1) The chairperson shall convene a meeting of the board of directors and preside over its meetings.
(2) Where the chairperson is unable to perform his/her duties due to any extenuating circumstance, the performance of his/her duties by another on his/her behalf shall be prescribed by the articles of association.
(3) A director shall attend a meeting of the board of directors and deliberate on its agenda.
(4) The auditor shall audit the accounting and inspect the business of a dental hospital.
law view
 Article 10 (Board of Directors)   print
(1) A dental hospital shall have a board of directors.
(2) The board of directors shall deliberate on and pass resolutions on the following matters:
1. Matters concerning the amendment of the articles of association;
2. Matters concerning the organizational structure;
3. Matters concerning work schedules and the budget and settlement of accounts;
4. Matters concerning the acquisition and disposal of property;
5. Other matters deemed important and prescribed by the articles of association.
(3) The board of directors shall be comprised of the chairperson and directors.
(4) The board of directors shall pass resolutions with the affirmative vote of the majority of the members.
(5) The auditor may attend meetings of the board of directors and advance his/her opinion.
(6) Other matters necessary for the operation of the board of directors shall be prescribed by Presidential Decree.
law view
 Article 11 (President of Dental Hospital)   print
(1) A dental hospital shall have one president.
(2) A president shall represent the relevant dental hospital and preside over the business thereof.
(3) The Minister of Education, Science and Technology shall appoint the president on the recommendation of the board of directors. In such cases, the board of directors shall recommend a person who has qualifications prescribed by Presidential Decree. <Amended by Act No. 10869, Jul. 21, 2011>
(4) The term of office of the president shall be three years and he/she can be reappointed only once.
(5) Where the president is unable to perform his/her duties due to any extenuating circumstance, the performance of his/her duties by another on his/her behalf shall be prescribed by the articles of association.
(6) Except in cases where the president falls under any of the following subparagraphs, he/she shall not be dismissed against his/her will during his/her term of office:
1. Where he/she violates this Act or an order under this Act, or the articles of association;
2. Where he/she interferes with the operation of a dental hospital by accounting irregularity, or intentionally or by gross negligence;
3. Where it is very difficult or impossible for him/her to perform his/her duties due to any mental or physical impairment.
(7) The president pursuant to paragraph (6) 1 through 3 shall be dismissed pursuant to paragraph (6) 1 through 3 by the proposal of the board of directors through a resolution with the affirmative vote of at least 2/3 of its full directors, including the chairperson.
law view
 Article 12 (Appointment and Dismissal of Employees)   print
(1) A dental hospital shall employ necessary medical personnel and employees.
(2) Matters concerning the appointment and dismissal of medical personnel and employees shall be prescribed by the articles of association.
law view
 Article 13 (Clinical Instructors)   print
(1) A dental hospital shall employ clinical instructors to conduct activities under Article 7.
(2) Article 16 of the Higher Education Act shall apply mutatis mutandis to official titles of and qualifications for clinical instructors under paragraph (1).
(3) Where clinical instructors under paragraph (1) are appointed as public educational officials, their career period as clinical instructors in a dental hospital shall be deemed time having worked as teaching staff of the related university.
(4) Matters concerning the period of employment, procedures for employment and remuneration of clinical instructors shall be prescribed by the articles of association.
law view
 Article 14 (Holding of ConcurrentOffices)   print
(1) Notwithstanding the provisions of Article 64 of the State Public Officials Act, where necessary to conduct activities under Article 7, a public educational official working for the related university may concurrently engage in the duties of the related university-affiliated dental hospital.
(2) Where public educational officials who may hold concurrent offices under paragraph (1) have been assigned to the positions in a dental hospital, matters concerning their duties, remuneration, etc. shall be prescribed by Presidential Decree.
(3) At the request of the president, the president of the related university shall permit a public educational official under paragraph (1) to hold concurrent offices.
law view
 Article 15 (Gratuitous Transfer of State Property)   print
Where necessary for the establishment and operation of a dental hospital, the Government may transfer or lease State property (including goods; hereinafter the same shall apply) to a dental hospital without any consideration, notwithstanding the State Property Act.
law view
 Article 16 (Contributions or Subsidization)   print
(1) The Government may make a contribution to a dental hospital for its basic facilities, equipment, etc.
(2) The Government shall subsidize expenses incurred in education and research on dental medicine of a dental hospital within budget limits, working expenses of a dental hospital, expenses incurred in the installation of facilities and equipment, etc. and expenses for repayment of the principal and interest on a loan shall be covered with a profit of the dental hospital: Provided, That where there is a shortage, the Government may subsidize it.
(3) A natural or juridical person, or organization may contribute money or other property to a dental hospital to support its activities .
(4) Matters necessary for making a contribution and giving a subsidy, the use and management thereof, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
law view
 Article 17 (Business Year)   print
The business year of a dental hospital shall coincide with the fiscal year of the government.
law view
 Article 18 (Management of Accounting)   print
The president shall manage the accounting of a dental hospital, as prescribed by the articles of association.
law view
 Article 19 (Reporting on Work Schedules, etc.)   print
The president shall prepare and report work schedules and budgetary documents of a dental hospital to the Minister of Education, Science and Technology each business year, by not later than 20 days before the business year begins, as prescribed by Presidential Decree. The same shall also apply in cases where he/she changes work schedules and budgetary documents. <Amended by Act No. 10869, Jul. 21, 2011>
law view
 Article 20 (Submission of Statement of Accounts, etc.)   print
(1) The president shall prepare a statement of accounts for each fiscal year and have it audited by an accounting firm under Article 23 of the Certified Public Accountant Act, and then submit the statement of accounts to the Minister of Education, Science and Technology through deliberation and resolution by the board of directors within two months after the next fiscal year begins. <Amended by Act No. 10869, Jul. 21, 2011>
(2) The president shall attach the following documents to a statement of accounts under paragraph (1):
1. Financial statements and the annexes thereto;
2. An audit report of an accounting firm under paragraph (1);
3. Other documents prescribed by Presidential Decree to clarify the details of settlement of accounts.
law view
 Article 21 (Supervision)   print
The Minister of Education, Science and Technology may supervise the business of a dental hospital, and request the president thereof to report necessary matters or submit necessary documents.<Amended by Act No. 10869, Jul. 21, 2011>
law view
 Article 22 (Provisions of the Civil Act to be Applied Mutatis Mutandis)   print
Except as otherwise prescribed by this Act, the provisions on incorporated foundations in the Civil Act shall apply mutatis mutandis to a dental hospital.
law view
 Article 23 (Fines for Negligence)   print
(1) A fine for negligence not exceeding two million won shall be imposed on a person who violates Article 6.
(2) The Minister of Education, Science and Technology shall impose and collect fines for negligence under paragraph (1), as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10080, Mar. 17, 2010]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Timing for Incorporation of National University-Affiliated Dental Hospitals)
The Minister of Education and Human Resources Development shall determine the timing for incorporation of a dental hospital in consideration of property, facilities, equipment, financial condition, etc. of the related national university-affiliated hospital.
Article 3 (Preparation for Incorporation)
(1) Where a dental hospital under this Act is incorporated, the Minister of Education and Human Resources Development shall appoint five or less incorporation commissioners for each dental hospital, and have them conduct business concerning the incorporation thereof.
(2) The incorporation commissioners shall prepare the articles of association of a dental hospital and obtain approval thereof from the Minister of Education and Human Resources Development.
(3) Where the president of a dental hospital is appointed, the incorporation commissioners shall transfer their business to the president of the dental hospital without delay.
(4) Where transfer of business under paragraph (3) is complete, the incorporation commissioners shall be deemed relieved of their duties.
Article 4 (GratuitousSuccession to Property)
A dental hospital shall, without any consideration, succeed to property under the control of the dental clinic among that of the related university-affiliated hospital as at the time the dental hospital is incorporated.
Article 5 (Succession to Claims and Debts)
A dental hospital shall succeed to claims and debts under the control of the dental clinic among those of the related university-affiliated hospital as at the time the dental hospital is incorporated.
Article 6 (Expenditure)
(1) The president may incur necessary expenses from the budget under the control of the dental clinic among the budget of the related university-affiliated hospital for the relevant year according to the precedents from the date a dental hospital is incorporated until the budget of the dental hospital is established in accordance with this Act.
(2) When the budget of a dental hospital for the relevant year is approved, the expenses incurred pursuant to paragraph (1) shall be deemed to have been implemented according to the budget approved.
Article 7 (Special Cases on Appointment of President)
Notwithstanding Article 11 (3), the Minister of Education and Human Resources Development shall appoint the first president under this Act on the recommendation of the president of the related university.
Article 8 (Transitional Measures concerning Recognition of Career of Clinical Instructors)
Where a person who holds office in a related university-affiliated hospital as a clinical instructor as at the time this Act enters into force is appointed as a public educational official, Article 13 (3) shall apply to his/her career period as a clinical instructor before this Act enters into force.
Article 9 (Transitional Measures concerning Employees)
Medical personnel, employees, clinical instructors who work for the dental clinic of a related university-affiliated hospital or teaching staff who hold concurrent offices in such dental clinic under Articles 14, 15 and 16 of the Act on the Establishment of National University-Affiliated Hospitals as at the time a dental hospital is incorporated, shall be deemed appointed as medical personnel, employees, clinical instructors of the dental hospital or deemed permitted to hold concurrent offices on the date of the incorporation thereof.
Article 10 (Transitional Measures concerning Incorporation of Gangneung University-Affiliated Dental Hospital)
The Gangneung University-Affiliated Dental Hospital as at the time this Act enters into force shall be deemed incorporated in accordance with this Act.
Article 11 (Transitional Measures concerning Articles of Association of Gangneung University-Affiliated Dental Hospital)
The articles of association of the Gangneung University-Affiliated Dental Hospital as at the time this Act enters into force shall be deemed prepared in accordance with this Act.
Article 12 (Transitional Measures concerning Executives, President, Medical Personnel, Employees and Clinical Instructors of Gangneung University-Affiliated Dental Hospital)
The executives, president, medical personnel, employees and clinical instructors of the Gangneung University-Affiliated Dental Hospital as at the time this Act enters into force shall be deemed appointed, and the teaching staff thereof holding concurrent offices shall be deemed permitted to hold concurrent offices in accordance with this Act, respectively.
Article 13 (Transitional Measures concerning Board of Directors of Gangneung University-Affiliated Dental Hospital)
The board of directors of the Gangneung University-Affiliated Dental Hospital as at the time this Act enters into force shall be deemed organized in accordance with this Act.
Article 14 (Amendment of Other Acts) Omitted.
Article 15 (Transitional Measures concerning Amendment of Other Acts)
Notwithstanding the amended provisions of the Act on the Establishment of National University-Affiliated Hospitals amended pursuant to Article 14 (1) of Addenda, the dean of a dental college who is an ex officio director under Article 9 (2) of the former Act on the Establishment of National University-Affiliated Hospitals as at the time this Act enters into force shall be deemed an ex officio director of a national university-affiliated hospital until the president of the relevant dental hospital under this Act is appointed.
Article 16 (Relationships with Other Acts and Subordinate Statutes)
Where the Act on the Establishment of National University-Affiliated Hospitals or a provision thereof is cited by other Acts and subordinate statutes as at the time this Act enters into force, this Act or the relevant provision of this Act shall be deemed cited also.
ADDENDA <Act No. 10080, Mar. 17, 2010>
(1) (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Penal Provisions)
Where the penal provisions are applied to an offence committed before this Act enters into force, the former provisions shall apply thereto.
ADDENDUM <Act No. 10869, Jul. 21, 2011>
This Act shall enter into force on the date of its promulgation.