Article 1(Purpose) #
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 in 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 on Mar. 17, 2010]
Article 2(Corporate status) #
A national university-affiliated hospital (hereinafter referred to as "university hospital") shall be a corporate entity.
[This Article Wholly Amended on Mar. 17, 2010]
Article 3(Registration) #
(1) A university hospital shall come into existence upon registration for its incorporation at the principal place of business.
(2) Matters necessary for the registration of incorporation under paragraph (1) and for other registrations shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 17, 2010]
Article 4(Articles of association) #
(1) The articles of association of a university hospital shall include the following matters:
1. Purposes;
2. Name;
3. Principal place of business;
4. Matters concerning its activities;
5. Matters concerning education and research in medical science and pharmaceutics, etc.;
6. Matters concerning operation of board of directors;
7. Matters concerning organization;
8. Matters concerning executive officers and employees;
9. Matters concerning assets and accounting;
10. Matters concerning amendment of the articles of association;
11. Matters concerning public notices;
12. Matters concerning dissolution.
(2) Amendment of the articles of association of a university hospital shall be subject to approval from the Minister of Education. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 17, 2010]
Article 5(Incorporation) #
(1) A university hospital shall be incorporated in a national university (hereinafter referred to as "related university") which has the medical department (including the department of pharmacy or the pharmaceutical department where such department is established; hereinafter referred to as "medical sciences").
(2) Where necessary, a university hospital may have a branch hospital, as prescribed by the articles of association.
[This Article Wholly Amended on Mar. 17, 2010]
Article 6(Name of university hospital) #
A university hospital's name shall be "hospital" added to the name of the related university.
[This Article Wholly Amended on Mar. 17, 2010]
Article 7(Prohibition of use of similar name) #
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 on Mar. 17, 2010]
Article 8(Activities) #
A university hospital shall conduct the following activities: <Amended on Jan. 7, 2014; Sep. 27, 2022>
1. Clinical education of medical sciences students;
2. Practice of residents and training of medical care personnel;
3. Research related to medical sciences;
3-2. Education and research on applied science based on convergence with another science, such as medical science and engineering [(referring to natural sciences and engineering) (hereinafter referred to as "convergence medicine")];
4. Clinical studies;
5. Medical examinations and treatment services;
6. Pubic health and medical service programs prescribed in subparagraph 2 of Article 2 of the Public Health and Medical Services Act;
7. Other activities required for the improvement of public health.
[This Article Wholly Amended on Mar. 17, 2010]
Article 9(Obligations of public health and medical institutions) #
(1) A university hospital shall faithfully perform the obligations of the public health and medical institutions prescribed in Article 7 of the Public Health and Medical Services Act.
(2) A university hospital shall work for the improvement of public health, providing high quality public health and medical services to the public.
[This Article Added on Jan. 7, 2014]
[Previous Article 9 moved to Article 10 <Jan. 7, 2014>]
Article 9-2(Training of convergence medicine specialists) #
(1) The Government may formulate and implement policies for supporting and promoting the training of convergence medicine specialists.
(2) A university hospital may train specialists in convergence medicine.
[This Article Added on Sep. 27, 2022]
Article 10(Executive officers) #
(1) A university hospital shall have 11 directors including the chairperson of the board of directors, and one auditor. <Amended on Jan. 7, 2014>
(2) The president of the related university shall be the chairperson of the board of directors, and directors shall be the following persons (hereinafter referred to as "ex officio directors") and persons appointed by the Minister of Education at the recommendation of the board of directors. In such cases, the directors other than the ex officio directors shall include at least one external person that has abundant knowledge and experience in hospital management: <Amended on Mar. 23, 2013, Jan. 7, 2014; Oct. 1, 2025>
1. The president of the relevant university hospital;
2. The dean of the medical college of the related university;
3. The president of the dental hospital of the related university (only applicable where a dental hospital is established in the relevant university);
4. One person nominated respectively by the Minister of Education, the Minister of Health and Welfare, and the Minister of Economy and Finance from among Grade III public officials of the relevant Ministry and public officials in general service belonging to the Senior Executive Service;
5. The Vice Mayor or Vice Governor of the Special Metropolitan City, a Metropolitan City, a Do, or a Special Self-Governing Province having jurisdiction over the location of the relevant university hospital.
(3) The auditor shall be appointed by the Minister of Education at the recommendation of the board of directors. <Amended on Mar. 23, 2013>
(4) No person that falls under any 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 grounds for disqualification under the subparagraphs of Article 33 of the State Public Officials Act, he or she shall retire from office automatically.
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 9; previous Article 10 moved to Article 11 <Jan. 7, 2014>]
Article 11(Term of office of executive officers) #
The term of office of directors other than ex officio directors and of the auditor shall be three years, which may be renewed consecutively.
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 10; previous Article 11 moved to Article 12 <Jan. 7, 2014>]
Article 12(Duties of executive officers) #
(1) The chairperson shall convene and preside over meetings of the board of directors.
(2) Where the chairperson is unable to perform his or her duties due to any unavoidable cause, performance of his or her duties on his or her behalf shall be as prescribed by the articles of association.
(3) Directors shall attend meetings of the board of directors to deliberate on proposals.
(4) The auditor shall audit the accounting and business activities of a university hospital.
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 11; previous Article 12 moved to Article 13 <Jan. 7, 2014>]
Article 13(Board of directors) #
(1) A university hospital shall have a board of directors to deliberate on and resolve the following matters: <Amended on Jan. 7, 2014>
1. Matters concerning an organization;
2. Matters concerning activity plans and 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. Matters concerning the formulation of the plan for public health and medical services and the implementation results thereof as prescribed in Article 8 of the Public Health and Medical Services Act;
6. 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 to advance his or her opinion.
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 12; previous Article 13 moved to Article 14 <Jan. 7, 2014>]
Article 14(President of university hospital) #
(1) A university hospital shall have one president.
(2) The president shall represent the university hospital and have general supervision and control over its business affairs.
(3) The president shall be appointed by the Minister of Education at the recommendation of the board of directors. <Amended on Mar. 23, 2013>
(4) The president shall hold office for a term of three years, and may be appointed consecutively for only one further term.
(5) Where the president is unable to perform his or her duties due to any unavoidable cause, performance of his or her duties on his or her behalf shall be as prescribed by the articles of association.
(6) Except where the president falls under any of the following subparagraphs, he or she shall not be removed from office against his or her will during his or her term of office:
1. Where he or she violates this Act, any order issued under this Act or the articles of association;
2. Where he or she disrupts the management of the university hospital by accounting fraud, or by intention or gross negligence;
3. Where his or her performance of duties becomes highly impracticable or impossible due to his or her mental or physical disorder.
(7) Removal of the president under paragraph (6) 1 through 3 shall require a proposal for removal through a resolution passed with the concurring vote of at least 2/3 of the full number of the directors including the chairperson.
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 13; previous Article 14 moved to Article 15 <Jan. 7, 2014>]
Article 15(Appointment and dismissal of employees) #
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 on Mar. 17, 2010]
[Moved from Article 14; previous Article 15 moved to Article 16 <Jan. 7, 2014>]
Article 16(Clinical instructors) #
(1) A university hospital shall employ clinical instructors 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 instructors under paragraph (1).
(3) Where clinical instructors under paragraph (1) are appointed as teaching staff prescribed in Article 3 of the Higher Education Act, their career as clinical instructors in a university hospital shall be deemed as a career having worked as teaching staff of the related university. <Amended on Jan. 7, 2014>
(4) Matters concerning the period of employment, procedures for employment and remuneration of clinical instructors shall be prescribed by the articles of association.
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 15; previous Article 16 moved to Article 17 <Jan. 7, 2014>]
Article 17(Holding of concurrent offices) #
(1) Where it is necessary for a university hospital to conduct activities under Article 8, notwithstanding Article 64 of the State Public Officials Act, a public education official working with a related university may hold concurrent offices in a university hospital. <Amended on Jan. 7, 2014>
(2) Upon the request of the president of a university hospital, the president of the related university shall permit a public education official under paragraph (1) to hold concurrent offices. <Amended on Jan. 7, 2014>
(3) Matters concerning the duties and remuneration, etc. of public education officials of a related university who hold concurrent offices in a university hospital pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jan. 7, 2014>
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 16; previous Article 17 moved to Article 18 <Jan. 7, 2014>]
Article 18(Transfer of state property without compensation) #
(1) Where it is necessary to establish and operate a university hospital, the Government may transfer or lend the State property to a university hospital, or allow it to use or profit from the State property, without compensation.
(2) Matters necessary for the details and conditions of and procedures for transfer or lending of the State property, or use of or making a profit from the State property under paragraph (1), etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 17; previous Article 18 moved to Article 19 <Jan. 7, 2014>]
Article 19(Contribution or subsidization) #
(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 in medical sciences of a university hospital within budgetary limits.
(3) Operating expenses of a university hospital, expenses incurred in the facilities and equipment, etc., and expenses for repayment of the principal and interest on a loan shall be covered with profit by the university hospital; provided, where there is a shortage, the Government may subsidize the university hospital.
(4) Matters necessary for making a contribution and providing 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 on Mar. 17, 2010]
[Moved from Article 18; previous Article 19 moved to Article 20 <Jan. 7, 2014>]
Article 20(Fiscal year) #
The fiscal year of a university hospital shall coincide with the fiscal year of the Government.
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 19; previous Article 20 moved to Article 21 <Jan. 7, 2014>]
Article 21(Submission of business plans) #
The president of a university hospital shall prepare a business plan and a draft budget and submit them to the Minister of Education every fiscal year as prescribed by Presidential Decree. The same shall also apply to any modification thereof. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 20; previous Article 21 moved to Article 22 <Jan. 7, 2014>]
Article 22(Submission of statements of settlement of accounts) #
(1) The president of a university hospital shall formulate a statement of settlement of accounts every fiscal year and have it audited by an accounting firm under Article 23 of the Certified Public Accountant Act, and then submit it to the Minister of Education, subject to deliberation and resolution by the board of directors, within two months after the commencement of the next fiscal year. <Amended on Mar. 23, 2013>
(2) The statement of settlement of accounts under paragraph (1) shall be accompanied by the following documents:
1. Financial statements and annexes thereto;
2. An audit report by an accounting firm under paragraph (1);
3. Other documents prescribed by Presidential Decree for clarification of the details of the settlement of accounts.
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 21; previous Article 22 moved to Article 23 <Jan. 7, 2014>]
Article 23(Supervision) #
The Minister of Education shall direct and supervise the business activities of a university hospital, and may require report on necessary matters or submission of necessary documents concerning the business activities, accounting and property, etc. of the university hospital. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 22; previous Article 23 moved to Article 24 <Jan. 7, 2014>]
Article 24(Application of Civil Act mutatis mutandis) #
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 on Mar. 17, 2010]
[Moved from Article 23; previous Article 24 moved to Article 25 <Jan. 7, 2014>]
Article 25(Administrative fines) #
(1) Any person who violates Article 7 shall be subject to an administrative fine of not exceeding five million won. <Amended on Dec. 18, 2018>
(2) The administrative fine under paragraph (1) shall be imposed and collected by the Minister of Education, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 24 <Jan. 7, 2014>]