Act On The Establishment Of National University-Affiliated Hospitals


Published: 2010-03-17

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 Article 1 (Purpose)   print
The purpose of this Act is to promote the development of medical science and contribute to the improvement of public health through education and research into medical science under the Higher Education Act and medical examination and treatment by establishing national university-affiliated hospitals (excluding Seoul National University Hospital).
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 2 (Corporate Status)   print
A national university-affiliated hospital (hereinafter referred to as "university hospital") shall be a corporation.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 3 (Registration)   print
(1) A university hospital shall come into existence upon registration for its incorporation at the seat of its main office.
(2) Registration of incorporation under paragraph (1) and other matters necessary for registration shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 4 (Articles of Association)   print
(1) The articles of association of a university 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 into medical science and pharmaceutics, etc.;
6. Matters concerning the operation of a board of directors;
7. Matters concerning the organization;
8. Matters concerning executives and employees;
9. Matters concerning assets and accounting;
10. Matters concerning the amendment of the articles of association;
11. Matters concerning public announcements;
12. Matters concerning its dissolution.
(2) Where a university hospital amends its articles of association, it shall obtain approval from the Minister of Education, Science and Technology.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 5 (Incorporation)   print
(1) A university hospital shall be incorporated by the national university (hereinafter referred to as "related university") in which the medical department (where the department of pharmacy or the pharmaceutical department is established, including such department; hereinafter referred to as "medical sciences") is established.
(2) Where necessary, a university hospital may have a branch hospital, as prescribed by the articles of association.
[This Article Wholly Amended by Act No. 10071. Mar. 17, 2010]
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 Article 6 (Name of University Hospital)   print
A university hospital's name shall be "hospital" added to the name of the related university.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 7 (Prohibition of Use of Similar Name)   print
No person who is not a university hospital under this Act shall use the name of a university hospital under Article 6 or the name similar thereto.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 8 (Activities)   print
A university hospital shall conduct the following activities:
1. Clinical education of students in medical sciences;
2. Practice of residents and training of medical care personnel;
3. Research related to medical sciences;
4. Clinical studies;
5. Medical examinations and treatment services;
6. Other activities required for the improvement of public health.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 9 (Executives)   print
(1) A university hospital shall have nine directors, including the chairperson of its board of directors and one auditor.
(2) The president of a related university shall be the chairperson of its board of directors, and directors shall be persons falling under the following subparagraphs (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. In such cases, more than one outsider who has profound knowledge of and broad experience in the operation of a hospital shall be included among directors other than ex officio directors:
1. The president of the relevant university hospital;
2. The dean of the medical college of a related university;
3. The president of a dental hospital of a related university (only applicable in cases where a dental hospital is established in the relevant university);
4. One person each appointed by the Minister of Strategy and Finance and 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;
5. The Vice Mayor of the Special Metropolitan City or a Metropolitan City or the Vice Governor of a Do or Special Self-Governing Province having jurisdiction over the seat of the relevant university hospital.
(3) The Minister of Education, Science and Technology shall appoint the auditor on the recommendation of the board of directors.
(4) No person who falls under any of the grounds for disqualification under 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 of a university hospital.
(5) Where a director, other than ex officio directors, the auditor or the president of a university hospital, falls under any of the grounds for disqualification under the subparagraphs of Article 33 of the State Public Officials Act, he/she shall retire from office naturally.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 10 (Term of Office of Executives)   print
The term of office of directors other than ex officio directors and the auditor shall be three years, and they may be reappointed.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 11 (Duties of Executives)   print
(1) The chairperson shall convene meetings of the board of directors and preside over such meeting.
(2) Where the chairperson is unable to perform his/her duties owing to unavoidable circumstances, the performance of his/her duties by another on his/her behalf shall be prescribed by the articles of association.
(3) Each director shall attend meetings of the board of directors and deliberate on its items.
(4) The auditor shall audit the accounting and inspect the business of a university hospital.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 12 (Board of Directors)   print
(1) A university hospital shall have a board of directors to deliberate on and resolve on matters under the following subparagraphs:
1. Matters concerning the organization;
2. Matters concerning a plan of operation and the budget and settlement of accounts;
3. Matters concerning the acquisition and disposal of property;
4. Matters concerning the amendment of the articles of association;
5. Other matters deemed necessary by the board of directors.
(2) The board of directors shall be comprised of the chairperson and directors.
(3) The board of directors shall pass a resolution with the consent of a majority of the members thereof.
(4) The auditor may attend meetings of the board of directors and advance his/her opinion.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 13 (President of University Hospital)   print
(1) A universal hospital shall have one president.
(2) The president shall represent a university 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.
(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 owing to unavoidable circumstances, 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 university hospital by accounting irregularity, or by intention or gross negligence;
3. Where it is very difficult or impossible for him/her to perform his/her duties owing to a mental or physical disorder.
(7) In oder for the Minister of Education, Science and Technology to dismiss the president in accordance with the provisions of paragraph (6) 1 through 3, the board of directors shall pass a resolution with the consent of more than 2/3 of the full number of the directors including the chairperson, and then make a recommendation of his/her dismissal to the Minister of Education, Science and Technology.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 14 (Appointment and Dismissal of Employees)   print
A university hospital shall employ medical care personnel and employees, and matters concerning the appointment and dismissal thereof shall be prescribed by the articles of association.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 15 (Clinical Instruction Personnel)   print
(1) A university hospital shall employ clinical instruction personnel to conduct activities under the subparagraphs of Article 8.
(2) Article 16 of the Higher Education Act shall apply mutatis mutandis to official titles of and qualifications for clinical instruction personnel under paragraph (1).
(3) Where clinical instruction personnel under paragraph (1) are appointed as public educational officials, their career as clinical instruction personnel in a university hospital shall be deemed as a career having worked as teaching staff of the related university.
(4) Matters concerning the period of employment, procedures for employment and remuneration of clinical instruction personnel shall be prescribed by the articles of association.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 16 (Holding of Concurrent Offices)   print
(1) Notwithstanding Article 64 of the State Public Officials Act, where it is necessary to conduct activities under Article 8, a public education official working with a related university may hold a concurrent office in a university hospital.
(2) Matters concerning duties and remuneration, etc. of public educational officials who hold concurrent offices in a university hospital pursuant to paragraph 1 shall be prescribed by Presidential Decree.
(3) At the request of the president of a university hospital, the president of the related university shall permit a public educational official under paragraph (1) to hold a concurrent office.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 17 (Transfer of State Property without Compensation)   print
(1) If it is necessary for the establishment and operation of a university hospital, the Government may transfer or lend State property to a university hospital, or allow it to use or profit from State property without compensation.
(2) Matters necessary for the details and conditions of and procedures for transfer or lending of State property, or use of or making a profit from State property under paragraph (1), etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 18 (Contribution or Subsidization)   print
(1) Where necessary for the installation of basic facilities, equipment, etc. of a university hospital, the Government may make a contribution to a university hospital.
(2) The Government shall subsidize expenses incurred in education and research on medical sciences of a university hospital within budgetary limits.
(3) Working expenses of a university 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 university hospital: Provided, That where there is a shortage, the Government may subsidize the university hospital.
(4) Matters necessary for making a contribution and giving a subsidy, the use and management thereof, etc. under the provisions of paragraphs (1) through (3) shall be prescribed by Presidential Decree.
(5) A natural or corporate person, or an organization may contribute money or other property to a university hospital to support its activities .
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 19 (Fiscal Year)   print
The fiscal year of a university hospital shall coincide with the fiscal year of the Government.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 20 (Submission of Plan of Operation)   print
The president of a university hospital shall prepare and submit a plan of operation and draft budget to the Minister of Education, Science and Technology every fiscal year, as prescribed by Presidential Decree. The same shall also apply to cases where he/she amends a plan of operation or a draft budget.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 21 (Submission of Statements of Account)   print
(1) The president of a university hospital shall prepare a statement of accounts for every 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.
(2) The president of a university hospital shall attach the following documents to a statement of account 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 account.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 22 (Supervision)   print
The Minister of Education, Science and Technology may direct and supervise the business of a university hospital, and have the president of a university hospital report necessary matters concerning the business, accounting and property, etc., or submit necessary documents to him/her.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 23 (Application of Civil Act Mutatis Mutandis)   print
Except for matters prescribed by this Act, the provisions on incorporated foundations of the Civil Act shall apply mutatis mutandis to a university hospital.
[This Article Wholly Amended by Act No. 10071, Mar. 17, 2010]
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 Article 24 (Fines for Negligence)   print
(1) Any person who violates Article 7 shall be punished by a fine for negligence not exceeding two million won.
(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. 1071, Mar. 17, 2010]
ADDENDA <Act No. 4350, Mar. 8, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning National University-Affiliated Hospitals)
A national university-affiliated hospital (hereinafter referred to as "affiliated hospital") as at the time this Act enters into force shall be incorporated as a university hospital under this Act: Provided, That The Minister of Education shall determine the time of the incorporation thereof in order in consideration of property, facilities, equipment and financial condition, etc. of the affiliated hospital concerned.
Article 3 (Preparation for Incorporation)
(1) Where a universal hospital is incorporated, the Minister of Education shall appoint five incorporation commissionersor less, and have them conduct business concerning the incorporation thereof.
(2) The incorporation commissioners shall prepare the articles of association of a university hospital and obtain approval from the Minister of Education.
(3) Where the incorporation commissioners receive approval under the provisions of paragraph (2), they shall register for incorporation of a university hospital under joint signature without delay.
(4) Where the president of a university hospital is appointed, the incorporation commissioners shall transfer their business to the president of the university hospital without delay.
(5) Where transfer of the business under the provisons of paragraph (4) is completed, the incorporation commissioners shall be deemed relieved of their duties.
Article 4 (Organization Expenses)
Expenses incurred in the incorporation of a university hospital shall be borne by the university hospital concerned.
Article 5 (Lending of State Property)
Where an affiliated hospital is incorporated as a university hospital under this Act, general accounts shall succeed to State property under the control of the former affiliated hospital concerned, among special accounts of national university-affiliated hospitals (hereinafter referred to as "special accounts") without compensation, and the Minister of Education may lend State property necessary for the incorporation and operation of a university hospital among the state property to which general accounts have succeeded (including goods) to the university hospital concerned, or let it use or profit from such property without paying compensation.
Article 6 (Succession to Rights and Duties)
Where an affiliated hospital is incorporated as a university hospital under this Act, the university hospital concerned shall comprehensively succeed to the rights and duties of the former affiliated hospital.
Article 7 (Grant of Transferred Money)
When an affiliated hospital is incorporated as a university hospital under this Act, where there is transferred money under the control of the affiliated hospital concerned within the budget of transferred money from general accounts to special accounts, or surplus on settlement of accounts of revenue and expenditure in the year the university hospital is incorporated, the Minister of Education shall grant such transferred money or surplus to the university hospital concerned as a contribution or subsidy.
Article 8 (Budget at Time of Incorporation)
(1) Where an affiliated hospital is incorporated as a university hospital under this Act, the budget under the control of the former affiliated hospital may be disbursed according to the previous examples until the budget of the university hospital is decided upon.
(2) If the budget of a university hospital is approved, the expenses spent in accordance with the provisions of paragraph (1) shall be deemed to have been executed according to the budget approved.
Article 9 (Appointment of President of University Hospital at Time of Incorporation)
Notwithstanding the provisions of Article 13 (3), the Minister of Education shall appoint the president of a university hospital at the time of the incorporation thereof on the recommendation of the president of the related university.
Article 10 (Appointment of Directors Excluding Ex Officio Directors at Time of Incorporation)
Notwithstanding the provisions of Article 9 (2), the Minister of Education shall appoint directors excluding ex officio directors as at the time a university hospital is incorporated.
Article 11 (Transitional Measures concerning Employees at Time of Incorporation)
(1) An employee in active service for the former affiliated hospital as at the time a university hospital is incorporated shall be deemed to be in active service for a university hospital under this Act: Provided, That a person who does not wish such office shall hold office of a public official belonging to the Ministry of Education continuously and the fixed number thereof shall be deemed to exist specially.
(2) The age limit of an employee who has come to hold office in a university hospital in accordance with the provisions of paragraph (1) shall coincide with the former provisions: Provided, That this shall not apply to cases where the age limit of a university hospital is longer than the former age limit.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5982, May 24, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6101, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2000. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6711, Aug. 26, 2002>
(1) Enforcement Date
This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Term of Office of Auditor)
Notwithstanding the amended provisions of Article 10, the term of office of the auditor in active service as at the time this Act enters into force shall coincide with the former provisions.
(3) (Relationships with Other Acts and Subordinate Statutes)
Where the former Act on the Establishment of National University-Affiliated Hospitals or the expression of national university-affiliated hospital is used or cited by other Acts and subordinate statutes as at the time this Act enters into force, the Establishment of National University-Affiliated Hospitals or the expression of national university-affiliated hospital shall be deemed used or cited in lieu thereof.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7888, Mar. 24, 2006>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8637, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 16 Omitted.
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 ... <Omitted>...., among the Acts amended pursuant to Article 6 of Addenda, the amended provisions of the Acts promulgated before this Act enters into force but the enforcement dates of which have not arrived shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10071, 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.