Medical Technicians, Etc. Act


Published: 2011-11-22

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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the improvement of national health and medical services, by providing for necessary matters concerning qualifications, license, etc. for medical technicians, medical affairs recorders, and opticians.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 1-2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term “medical technician” means a person who is engaged in diagnosis or examination on medical chemistry tests under the instruction of medical doctors or dentists;
2. The term “medical affairs recorder” means a person who makes a recording as to medical affairs as their main duties;
3. The term “optician” means a person who prescribes and sells eyeglasses (limited to those for vision correction; hereinafter the same shall apply) and sells contact lenses (including those not for vision correction; hereinafter the same shall apply) as their main duties.
[This Article Newly Inserted by Act No. 11102, Nov. 22, 2011]
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 Article 2 (Classifications of Medical Technicians)   print
Medical technicians shall be classified into clinical pathologists, radiologists, physical therapists, occupational therapists, dental technicians and dental hygienists.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 3 (Scope and Limit of Duties)   print
The scope and limit of duties of medical technicians, medical affairs recorders, and opticians (hereinafter referred to as "medical technicians, etc.") shall be determined by Presidential Decree.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 4 (License)   print
(1) A person who intends to become a medical technician, etc. shall fall under any of the following and shall be licensed by the Minister of Health and Welfare after passing the national examination for medical technicians, etc. (hereinafter referred to as "national examination"): <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5841, Feb. 8, 1999; Act No. 6876, May 15, 2003; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11102, Nov. 22, 2011>
1. A person who has graduated from a university, college, industrial college or junior college specializing in the studies concerning public health and medical services corresponding to the license that the person intends to obtain;
2 and 3. Deleted; <by Act No. 5841, Feb. 8, 1999>
4. A person who completed an educational course equal to or higher than schools falling under subparagraph 1 in foreign countries that are approved by the Minister of Health and Welfare, and has obtained a foreign license for medical technicians, etc. corresponding thereto.
(2) Deleted. <by Act No. 5841, Feb. 8, 1999>
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 Article 5 (Disqualifications)   print
None of the following persons shall be licensed for medical technicians, etc.: <Amended by Act No. 5841, Feb. 8, 1999; Act No. 6531, Dec. 19, 2001; Act No. 8650, Oct. 17, 2007; Act No. 8693, Dec. 14, 2007; Act No. 11102, Nov. 22, 2011>
1. A medically ill person under subparagraph 1 of Article 3 of the Mental Health Act: Provided, That the same shall not apply to any person who is recognized appropriate as a medical technician, etc. by a medical specialist;
2. An addict to narcotics, cannabis or psychotropic drugs;
3. An incompetent or quasi-incompetent;
4. A person who has been sentenced to imprisonment without prison labor or a heavier punishment and for him/her the execution of such sentence has not yet been terminated or exempted, for violating this Act or Articles 234, 269, 270 (2) through (4), and 317 (1) of the Criminal Act, the Act on Special Measures for the Control of Public Health Crimes, the Regional Public Health Act, the National Health Promotion Act, the Prevention of Acquired Immunodeficiency Syndrome Act, the Medical Service Act, the Emergency Medical Service Act, the Act on Dissection and Preservation of Corpses, the Blood Management Act, the Act on the Control of Narcotics, etc., the Mother and Child Health Act, or the National Health Insurance Act.
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 Article 6 (National Examination)   print
(1) The Minister of Health and Welfare shall perform the national examination at least once a year, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare may have the relevant specialized institutions which are deemed to have capabilities for administering such examinations manage the national examinations, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 7 (Restriction, etc. on Examinees' Qualifications)   print
(1) No person falling under any subparagraph of Article 5 shall undergo the national examination.
(2) Persons who undergo the national examination by an illegal means, or those who cheat in the national examination shall be suspended from such examination or whose success in the examination shall be invalidated.
(3) Persons suspended from an examination or whose success in the examination is invalidated under paragraph (2) shall not undergo the national examination only for twice thereafter.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 8 (Registration, etc. of License)   print
(1) Where the Minister of Health and Welfare grants any license for medical technicians, etc., he/she shall register the matters concerning such licenses in the ledgers according to their classifications, and issue the certificate for license.
(2) Matters necessary for the registration of license and the certificate for license under paragraph (1) shall be determined by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 9 (Prohibition, etc. of Services by Unlicensed Persons)   print
(1) Persons who are not medical technicians, etc. shall not perform the duties of medical technicians, etc.: Provided, That the same shall not apply to cases required for the training of trainees in order to complete educational courses corresponding to the license they intend to obtain, at universities and colleges, industrial colleges or junior colleges.
(2) Persons who are not medical technicians, etc. shall not use the titles of medical technicians, etc. or the titles similar thereto.
(3) License certificates for medical technicians, etc. shall not be lent to others.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 10 (Prohibition of Divulgence of Secrets)   print
Medical technicians, etc. shall not divulge any secrets coming to their knowledge when performing their duties, except for the cases as specially prescribed in this Act or other Acts or subordinate statutes.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 11 (Report on Actual Conditions, etc.)   print
Medical technicians, etc. shall report to the Minister of Health and Welfare on their actual conditions and employment status, as prescribed by Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 11 (Report on Actual Conditions, etc.)   print
(1) Medical technicians, etc. shall report to the Minister of Health and Welfare on their actual conditions and employment status every three years after obtaining the license for the first time, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare may return the report referred to in paragraph (1) made by medical technicians, etc. who have yet to undergo a supplementary education as referred to in Article 20.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
<<Enforcement Date: Nov. 23, 2014>>
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 Article 11-2 (Establishment Registration, etc. of Dental Laboratories)   print
(1) A person who is not a dentist or dental technician shall not establish a dental laboratory.
(2) A dentist or dental technician may establish only one dental laboratory.
(3) A person who intends to establish a dental laboratory shall be registered with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (limited to the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11102, Nov. 22, 2011>
(4) A person who intends to establish a dental laboratory under paragraph (3) shall be equipped with facilities and equipment determined by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 10608, Apr. 28, 2011]
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 Article 11-3 (Compliance Requirements for Dental Technicians, etc.)   print
(1) Dental technicians shall comply with the work order for manufacturing dental appliances issued by dentists in performing the duties referred to in Article 3 (hereinafter referred to as “duties of manufacturing, etc. dental appliances”).
(2) Dentists who make requests for duties of manufacturing, etc. dental appliances and the founders of dental laboratories shall keep the work order sheet for manufacturing dental appliances, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Dentists who make requests for duties of manufacturing, etc. dental appliances may verify whether the actual manufacturing, etc. of dental appliances is performed properly in accordance with the relevant work order sheet for manufacturing dental appliances, and the founders of the relevant dental laboratories shall accept such verification.
[This Article Newly Inserted by Act No. 10608, Apr. 28, 2011]
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 Article 12 (Establishment Registration, etc. of Eyeglass Shops)   print
(1) A person who is not an optician shall not establish shops for prescription of eyeglasses and sales of eyeglasses and contact lenses (hereinafter referred to as "eyeglass shops").
(2) An optician may establish only one eyeglass shop.
(3) A person who intends to establish an eyeglass shop shall register for establishment with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Persons who intend to establish eyeglass shops under paragraph (3) shall be equipped with facilities and equipment determined by Ordinance of the Ministry of Health and Welfare.
(5) No person shall sell eyeglasses and contact lenses via electronic commerce or mail order referred to in Article 2 of the Act on the Consumer Protection in Electronic Commerce, Etc. <Amended by Act No. 11102, Nov. 22, 2011>
(6) Opticians shall sell eyeglasses and contact lenses only at eyeglass shops. <Newly Inserted by Act No. 11102, Nov. 22, 2011>
(7) Opticians who sell contact lenses shall provide the information on instructions for use and side effects of contact lenses. <Newly Inserted by Act No. 11102, Nov. 22, 2011>
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 13 (Report on Closure, etc.)   print
When the founders of dental laboratories or eyeglass shops close their business or modify the registered details, they shall report thereon to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu without delay, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 14 (Prohibition of Exaggerated Advertisement, etc.)   print
(1) Dental laboratories or eyeglass shops shall not display a false or exaggerated advertisement with regard to their relevant services.
(2) No one shall recommend, introduce or induce any customers to specific dental laboratories or eyeglass shops or dental technicians or opticians with profit-making purposes.
(3) The scope of advertisements with regard to relevant services of dental laboratories or eyeglass shops and other necessary matters shall be governed by the provisions of the Monopoly Regulation and Fair Trade Act.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 15 (Reporting, Investigation, etc.)   print
(1) The Minister of Health and Welfare, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") or the head of a Si/Gun/Gu may, within the scope necessary for their guidance and supervision, order the founders of dental laboratories or eyeglass shops to make reports, or have public officials under their command investigate the business conditions, facilities, etc.
(2) In cases of paragraph (1), the assigned public officials shall carry certificates indicating their authority, and show them to the interested parties.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 16 (Association)   print
(1) Medical technicians, etc. may establish an organization having a nationwide system according to the classification of their licenses (hereinafter referred to as the "Association"). <Amended by Act No. 11102, Nov. 22, 2011>
(2) The Association shall be a juristic person. <Amended by Act No. 11102, Nov. 22, 2011>
(3) Deleted. <by Act No. 5841, Feb. 8, 1999>
(4) Except as otherwise prescribed by this Act, provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to the Association. <Amended by Act No. 11102, Nov. 22, 2011>
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 Articles 17 through 19 Deleted. <by Act No. 5841, Feb. 8, 1999>   print
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 Article 20 (Supplementary Education)   print
Medical technicians, etc., engaged in their respective duties at public health institutions, medical institutions, dental laboratories, eyeglass shops, etc. shall undergo a supplementary education, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 21 (Revocation, etc. of License)   print
(1) Where medical technicians, etc. fall under any of the following, the Minister of Health and Welfare may revoke their licenses: Provided, That in cases of subparagraph 1, he/she shall revoke the license: <Amended by Act No. 5101, Dec. 29, 1995; Act No. 5454, Dec. 13, 1997; Act No. 5841, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011>
1. Where they fall under any of subparagraphs 1 through 4 of Article 5;
2. Deleted; <by Act No. 5841, Feb. 8, 1999>
3. Where they lend the license certificates for medical technicians, etc. to others, in violation of Article 9 (3);
3-2. Where they perform the duties of manufacturing, etc. dental appliances without complying with the work order sheet for manufacturing dental appliances issued by dentists, in violation of Article 11-3 (1);
4. Where they perform the duties of medical technicians, etc. during the period for suspending licensed qualifications under Article 22 (1), or where they have been subject to the disposition of suspending licensed qualifications on three or more occasions.
(2) After revocation of licenses of medical technicians, etc., where deemed that there exist any causes determined by Presidential Decree, such as disappearance of causes forming a reason for such disposition, the Minister of Health and Welfare may reissue the said license: Provided, That where a license has been revoked under paragraph (1) 3 and 4, and where a license has been revoked for reasons under subparagraph 4 of Article 5, such licenses shall not be reissued within one year from the date of such revocation. <Amended by Act No. 11102, Nov. 22, 2011>
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 Article 22 (Suspension of Qualification)   print
(1) Where medical technicians, etc. fall under any of the following, the Minister of Health and Welfare may suspend the said licensed qualification for a fixed period of up to six months: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011>
1. Where they commit acts that notably injure their dignity;
2. Where they perform the duties of dental technicians or opticians under employment by persons ineligible for establishing dental laboratories or eyeglass shops;
2-2. Where they perform the duties of dental technicians at places which are not medical institutions that practice dentistry or dental laboratories that have been registered under Article 11-2 (3);
2-3. Where they establish and operate dental laboratories without having them registered, in violation of Article 11-2 (3);
2-4. Where they fail to keep the work order sheet for manufacturing dental appliances, in violation of Article 11-3 (2);
2-5. Where they violate Article 11-3 (3);
3. Other occasions where they violate this Act or an order issued under this Act.
(2) The scope of acts to injure dignity referred to in paragraph (1) 1 shall be determined by Presidential Decree. <Amended by Act No. 11102, Nov. 22, 2011>
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 Article 22 (Suspension of Qualification)   print
(1) Where medical technicians, etc. fall under any of the following, the Minister of Health and Welfare may suspend the said licensed qualification for a fixed period of up to six months: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011>
1. Where they commit acts that notably injure their dignity;
2. Where they perform the duties of dental technicians or opticians under employment by persons ineligible for establishing dental laboratories or eyeglass shops;
2-2. Where they perform the duties of dental technicians at a place which is not a medical institution that practices dentistry or a dental laboratory that has been registered under Article 11-2 (3);
2-3. Where they establish and operate dental laboratories without having them registered, in violation of Article 11-2 (3);
2-4. Where they fail to keep the work order sheet for manufacturing dental appliances, in violation of Article 11-3 (2);
2-5. Where they violate Article 11-3 (3);
3. Other occasions where they violate this Act or an order issued under this Act.
(2) The scope of acts to injure dignity referred to in paragraph (1) 1 shall be determined by Presidential Decree. <Amended by Act No. 11102, Nov. 22, 2011>
(3) Where medical technicians, etc fail to file a report under Article 11, the Minister of Health and Welfare may suspend the validity of their license until such report is filed. <Newly Inserted by Act. No. 11102, Nov. 22, 2011>
<<Enforcement Date: Nov. 23, 2014>> Article 22 (3)
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 Article 23 (Rectification Order)   print
When the founders of dental laboratories or eyeglass shops fall under any of the following, the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu may order them to rectify the matters violated: <Amended by Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011>
1. Where they fail to be equipped with facilities and equipment under Article 11-2 (4) or Article 12 (4);
1-2. Where opticians fail to provide the information on instructions for use and side effects of contact lenses in violation of Article 12 (7);
2. Where they fail to report the closure of their business or any modification of registered details thereof under Article 13.
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 Article 24 (Revocation, etc. of Establishment Registration)   print
(1) When the founders of dental laboratories or eyeglass shops fall under any of the following, the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu may suspend their business for a fixed period of up to six months, or revoke their registration: <Amended by Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011>
1. Where they establish two or more dental laboratories or eyeglass shops, in violation of Article 11-2 (2) or 12 (2);
2. Where they display a false or exaggerated advertisement, in violation of Article 14 (1);
3. Where they allow any unlicensed person to prescribe and sell eyeglasses or sell contact lenses;
4. Where the founders of dental laboratories or eyeglass shops subject to a disposition of business suspension under this Act run their business during the period of business suspension;
5. Where they have a person who is not a dental technician perform the duties of dental technicians;
6. Where they fail to comply with the rectification order referred to in Article 23.
(2) Persons subject to a disposition of revoking their establishment registration under paragraph (1) shall not establish dental laboratories or eyeglass shops within six months from the date subject to said disposition of revoking their registration. <Amended by Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011>
(3) When the founders of dental laboratories or eyeglass shops have been subject to a disposition of suspending their licensed qualifications under Article 22, the relevant dental laboratories or eyeglass shops shall not operate the business during the period of suspending the said licensed qualifications: Provided, That this shall not apply where the founders of dental laboratories have been subject to the disposition of suspending licensed qualifications for reasons referred to in Article 22 (1) 2-4 and 2-5. <Amended by Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011>
(4) The validity of the disposition of suspending business of a dental laboratory or eyeglass shop under paragraph (1) shall be succeeded to by the transferee who acquires the dental laboratory or eyeglass shop subject to the said disposition, and where the procedures of disposition of business suspension are underway, such procedures may be continued for the said transferee: Provided, That this shall not apply where the transferee verifies that he/she has not known such disposition or any fact of violation. <Newly Inserted by Act No. 10608, Apr. 28, 2011>
(5) Persons who have been subject to the disposition of business suspension under paragraph (1) or are under such disposition shall promptly inform their transferees of the fact that they have been subject to or are under the said administrative disposition, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 10608, Apr. 28, 2011>
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 Article 25 (Standards for Administrative Dispositions)   print
Details of administrative dispositions referred to in Articles 21 through 24 shall be determined by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 26 (Hearings)   print
When the Minister of Health and Welfare, the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu intends to make any of the following dispositions, he/she shall hold a hearing:
1. Revocation of licenses under Article 21 (1);
2. Revocation of registration under Article 24 (1).
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 27 (Fees)   print
Any of the following persons shall pay fees, as prescribed by Ordinance of the Ministry of Health and Welfare:
1. Persons who intend to obtain a license for medical technicians, etc.;
2. Persons who intend to obtain a re-issuance of their licenses;
3. Persons who intend to undergo the national examination.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 28 (Delegation or Entrustment of Authority)   print
(1) The authority of the Minister of Health and Welfare under this Act may be partially delegated to the Mayor/Do Governor, the Director of the Korea Centers for Disease Control and Prevention, the head of a Si/Gun/Gu, or the directors of public health clinics. <Amended by Act No. 11102, Nov. 22, 2011>
(2) The Minister of Health and Welfare may entrust part of his/her duties, such as education for the medical technicians, etc., to the related specialized institutions, as prescribed by Presidential Decree. <Newly Inserted by Act No. 5841, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 28 (Delegation or Entrustment of Authority)   print
(1) The authority of the Minister of Health and Welfare under this Act may be partially delegated to the Mayor/Do Governor, the Director of the Korea Centers for Disease Control and Prevention, the head of a Si/Gun/Gu, or the directors of public health clinics.
(2) The Minister of Health and Welfare may entrust part of his/her duties, such as acceptance of a report on the actual conditions of medical technicians, etc. and education for the medical technicians, etc., to the related specialized institutions or organizations, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
<<Enforcement Date: Nov. 23, 2014>>
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 Article 29 (Relation to other Acts)   print
Articles 17 and 36 of the Medical Appliances Act shall not apply to the registration and its revocation, etc. of eyeglass shops under this Act.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 30 (Penal Provisions)   print
(1) Any of the following persons shall be punished by imprisonment for not more than thee years or by a fine not exceeding 10 million won: <Amended by Act No. 10608, Apr. 28, 2011; Act No. 11102, Nov. 22, 2011>
1. Persons who perform the duties of medical technicians, etc. without any license for medical technicians, etc., in violation of the main sentence of Article 9 (1);
2. Persons who lend their license certificates for medical technicians, etc. to others, in violation of Article 9 (3);
3. Persons who divulge any secrets coming to their knowledge while on duty, in violation of Article 10;
4. Persons who establish dental laboratories without the license for dental technicians, in violation of Article 11-2 (1): Provided, That this shall not apply to dentists who have been registered for the establishment of a dental laboratory under Article 11-2 (1);
5. Persons who perform duties of manufacturing, etc. dental appliances without complying with the work order sheet for manufacturing dental appliances issued by dentists, in violation of Article 11-3 (1);
6. Persons who establish eyeglass shops without an optician's license, in violation of Article 12 (1).
(2) A public prosecution of a crime of paragraph (1) 3 may be instituted only where an accusation against it is made. <Amended by Act No. 11102, Nov. 22, 2011>
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 Article 31 (Penal Provisions)   print
Any of the following pesons shall be punished by a fine not exceeding three million won: <Amended by Act No. 10608, Apr. 28, 2011; Act No. 10851, Jul. 14, 2011; Act No. 11102, Nov. 22, 2011>
1. Persons who use titles of medical technicians, etc. or titles similar thereto without any license for medical technicians, etc., in violation of Article 9 (2);
1-2. Persons who establish two or more dental laboratories, in violation of Article 11-2 (2);
2. Persons who establish two or more eyeglass shops, in violation of Article 12 (2);
2-2. Persons who establish dental laboratories without registration, in violation of Article 11-2 (3);
3. Persons who establish eyeglass shops without registration, in violation of Article 12 (3);
3-2. Persons who sell eyeglasses and contact lenses via electronic commerce or mail order referred to in Article 2 of the Act on the Consumer Protection in Electronic Commerce, Etc., in violation of Article 12 (5);
3-3. Opticians who sell eyeglasses and contact lenses at other places than eyeglass shops, in violation of Article 12 (6);
4. Persons who recommend, introduce, or induce customers to specific dental laboratories or eyeglass shops or dental technicians or opticians with profit-making purposes, in violation of Article 14 (2).
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 Article 32 (Joint Penal Provisions)   print
If the representative of a juristic person, or an agent, employee or any other servant of a juristic person or an individual commits a violation under Article 30 or 31 in connection with the affairs of the juristic person or individual, not only shall such violator be punished accordingly, but the juristic person or individual shall be punished by a fine under the respective provision: Provided, That the same shall not apply where the juristic person or individual has not been negligent in giving due attention and supervision concerning the relevant duties in order to prevent such violation.
[This Article Wholly Amended by Act No. 11102, Nov. 22, 2011]
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 Article 33 (Administrative Fines)   print
(1) Any of the following persons shall be punished by administrative fines not exceeding one million won: <Amended by Act No. 5841, Feb. 8, 1999; Act. No. 11102, Nov. 22, 2011>
1. Persons who fail to report on their actual conditions and employment status under Article 11;
2. Persons who fail to file a report on closure of the business or on modification of registered details under Article 13;
3. Persons who fail to make a report, or refuse, evade, or obstruct the investigation under Article 15 (1);
4 and 5. Deleted. <by Act No. 5841, Feb. 8, 1999>
(2) Administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 10851, Jul. 14, 2011>
(3) through (5) Deleted. <by Act No. 10851, Jul. 14, 2011>
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 Article 33 (Administrative Fines)   print
(1) Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended by Act No. 5841, Feb. 8, 1999; Act. No. 11102, Nov. 22, 2011>
1. Deleted; <by Act. No. 11102, Nov. 22, 2011><<Enforcement Date: Nov. 23, 2014>>
2. Persons who fail to file a report on closure of the business or on modification of registered details under Article 13;
3. Persons who fail to make a report, or refuse, evade, or obstruct the investigation under Article 15 (1);
4. and 5. Deleted. <by Act No. 5841, Feb. 8, 1999>
(2) Administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 10851, Jul. 14, 2011>
(3) through (5) Deleted. <by Act No. 10851, Jul. 14, 2011>
<<Enforcement Date: Nov. 23, 2014>> Article 33 (1) 1
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Article 2 (Transitional Measures concerning License)
The clinical pathologists, radiologists, X-ray technicians, physical therapists, occupational therapists, dental technicians, dental hygienists, medical affairs recorder, and opticians who are licensed under the previous provisions at the time of the enforcement of this Act shall be considered licensed for the relevant medical technicians, etc. under this Act.
Article 3 (Transitional Measures concerning Eyeglass Shops)
The eyeglass shops that are registered for establishment under the previous provisions at the time of the enforcement of this Act and the eyeglass shops falling under Article 2 of the Addenda to the Amendment to the Medical Technicians Act (No. 3949), shall be considered registered for establishment under this Act.
Article 4 (Transitional Measures concerning Qualification to Undergo National Examination)
The previous provisions shall, notwithstanding the provisions of Article 4, apply to persons deemed eligible for undergoing the national examination under the previous provisions at the time of the enforcement of this Act (excluding persons engaged in physiological test fields, such as brain wave test), and persons attending schools higher than the corresponding junior colleges in foreign countries that are recognized by the Minister of Health and Welfare.
Article 5 (Transitional Measures concerning Association)
An incorporated association called Korean Clinical Pathologists Association, an incorporated association called Korean Radiologists Association, an incorporated association called Korean Physical Therapists Association, an incorporated association called Korean Occupational Therapists Association, an incorporated association called Korean Dental Technicians Association, an incorporated association called Korean Dental Hygienists Association, an incorporated association called Korean Medical Affairs Recorders Association, and an incorporated association called Korean Opticians Association, shall be deemed to be the Associations respectively established under this Act.
Article 6 (Transitional Measures concerning Administrative Dispositions)
Administrative dispositions rendered under the previous provisions prior to the enforcement of this Act shall be deemed to be the administrative dispositions under this Act.
Article 7 (Transitional Measures concerning Persons Engaged in Physiological Test Field, Such as Brain Wave Test)
(1) Persons engaged in the physiological test fields (referring to electrocardiogram, brain wave, heart and lung functions, base metabolism and other tests related to physiological functions), from among the duties of clinical pathologists under Article 3 as of June 19, 1989, and continuously engaged therein not later than December 14, 1991, may undergo the national examination for clinical pathologists, notwithstanding the provisions of Article 4.
(2) For persons falling under paragraph (1), the national examination for clinical pathologists may be administered only for three times, with part of the examination subjects curtailed under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare.
(3) Scope of the duties of persons who have passed the national examination for clinical pathologists administered under paragraph (2) may be limited under the conditions as prescribed by the Presidential Decree.
(4) Persons eligible for undergoing the national examination for clinical pathologists under paragraph (1) may continuously perform their duties not later than December 14, 1998, notwithstanding the provisions of the text of Article 9 (1).
ADDENDA <Act No. 5101, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1996.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5841, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Designated Health and Medical Institutions) Health and medical institutions designated by the Minister of Health and Welfare under the previous provisions at the time of enforcing this Act may conduct the relevant training programs not later than the completion of training by persons under such training programs at the said institutions at the time of enforcing this Act, notwithstanding the amended provisions of Article 4 (1) 2 and 3, and paragraph (2) of the same Article.
(3) (Transitional Measures concerning Persons under Training Programs) Any persons who undergo training programs under the previous provisions of Article 4 (1) at the time of enforcing this Act may perform duties of medical technicians, etc. according to such training programs, notwithstanding the amended provisions of Article 9 (1), and those persons may, upon completion of such training programs, undergo the relevant national examination, notwithstanding the amended provisions of Article 4 (1).
(4) (Transitional Measures concerning Persons Completing Training Programs) Any persons who complete training programs in health or medical institutions designated by the Minister of Health and Welfare under previous provisions at the time of enforcing this Act may undergo the relevant national examination, notwithstanding the amended provisions of Article 4 (1) 2 and 3.
ADDENDA <Act No. 6146, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2000.
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 6531, Dec. 19, 2001>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6876, May 15, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 6909, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7148, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 8650, Oct. 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 8693, Dec. 14, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10515, Mar. 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10564, Apr. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10608, Apr. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment Registration)
Dental laboratories which have been established under the approval by the head of a Si/Gun/Gu pursuant to the previous provisions at the time this Act enters into force shall be deemed established under this Act: Provided, That the founders of the relevant dental laboratories shall be equipped with facilities and equipment under this Act and registered with the head of a Si/Gun/Gu by six months after the date of promulgation of this Act.
ADDENDA <Act No. 10851, Jul. 14, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Penal Provisions) The amended provisions of subparagraph 3-2 of Article 31 shall apply from the first act of violation after this Act enters into force.
ADDENDA <Act No. 11102, Nov. 22, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 1, 1-2 and 12 (1), subparagraph 1-2 of Article 23 and Article 24 (1) 3 and the amended provisions of Article 12 (5) through (7) and subparagraphs 3-2 and 3-3 of Article 31 of the Medical Technicians, etc. Act (Act No. 10851), shall enter into force six months after the date of its promulgation, and the amended provisions of Articles 11, 22 (3), 28 (2) and 33 (1) 1 shall enter into force three years after the date of its promulgation.
Article 2 (Applicability to Penal Provisions)
The amended provisions of subparagraphs 3-2 and 3-2 of Article 31 of the Medical Technicians, etc. Act (Act No. 10851), shall apply from the first act of violation after the said amended provisions enter into force.
Article 3 (Transitional Measures concerning Report on Medical Technicians, etc.)
(1) Persons who have obtained the license for medical technicians, medical affairs recorders or opticians under the previous provisions at the time the amended provisions of Article 11 enter into force shall file a report on their actual conditions, employment status, etc. as prescribed by Ordinance of the Ministry of Health and Welfare within a year after the said amended provisions enter into force.
(2) The Minister of Health and Welfare may suspend the validity of the licenses of the persons who have obtained the license for medical technicians, medical affairs recorders or opticians and failed to file a report under paragraph (1) from the end of the reporting period until the said report is filed.