Article 1(Purpose) #
The purpose of this Decree is to prescribe matters necessary for the establishment, operation, and designation of medical treatment and protection facilities under Article 40 of the Narcotics Control Act, tests for narcotic addiction, medical treatment and protection of narcotic addicts, and the organization, operation, duties, etc. of the Medical Treatment and Protection Examination Commission. <Amended on Jun. 7, 2012>
Article 2(Definitions) #
The terms used in this Decree are defined as follows: <Amended on Jun. 7, 2012>
1. The term "narcotics" means narcotic drugs defined in subparagraph 2 of Article 2 of the Narcotics Control Act (hereinafter referred to as the "Act"), psychotropic substances defined in subparagraph 3 of that Article, and cannabis defined in subparagraph 4 of that Article;
2. The term "narcotic addict" means a person who abuses narcotics and is physically or mentally dependent on narcotics.
Article 3(Establishment and designation of medical treatment and protection facilities) #
(1) The Minister of Health and Welfare may establish and operate a specialized medical treatment facility as a medical treatment and protection facility or designate a national mental hospital as a medical treatment and protection facility in order to perform tests for narcotic addiction (hereinafter referred to as "test for narcotic addiction") and provide narcotic addicts with medical treatment and protection. <Amended on Mar. 15, 2010>
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may establish and operate a specialized medical treatment facility as a medical treatment and protection facility, or may designate a public hospital or any other medical institution under the Medical Service Act, as a medical treatment and protection facility, in order to conduct tests for narcotic addiction of users of narcotics and provide medical treatment and protection to narcotic addicts. <Amended on Feb. 6, 2025>
(3) “Facilities and equipment prescribed by Presidential Decree as necessary for the treatment and protection of narcotic addicts” in Article 40 (2) 4 of the Act means the following facilities and equipment: <Amended on Feb. 6, 2025>
1. Facilities necessary for the treatment of narcotic addicts, such as counseling rooms or rehabilitation training rooms;
2. Other appurtenant facilities and equipment necessary for medical treatment of narcotic addicts.
Article 4(Re-designation of medical treatment and protection facilities) #
(1) The Minister of Health and Welfare or a Mayor/Do Governor may re-designate a medical treatment and protection facility designated pursuant to Article 3 (1) or (2) as a medical treatment and protection facility after evaluating the following matters every 3 years pursuant to Article 40 (4) of the Act:
1. Whether it has facilities and human resources referred to in the subparagraphs of Article 40 (2) of the Act;
2. Performance of the treatment and protection of narcotic addicts;
3. Whether employees of a medical treatment and protection facility have completed specialized education under Article 40 (6) of the Act;
4. Other matters publicly notified by the Minister of Health and Welfare as deemed necessary for the evaluation of medical treatment and protection facilities.
(2) If a medical treatment and protection facility designated pursuant to Article 3 (2) falls under any of the following cases, the Mayor/Do Governor shall notify the Minister of Health and Welfare of such fact without delay:
1. Where he or she re-designates a medical treatment and protection facility as a medical treatment and protection facility pursuant to paragraph (1);
2. Where he or she revokes the designation or re-designation of a medical treatment and protection facility pursuant to Article 40 (5) of the Act.
[This Article Wholly Amended on Feb. 6, 2025]
Article 5(Development and operation of specialized education) #
(1) “Specialized institution prescribed by Presidential Decree” in Article 40 (6) of the Act means any of the following institutions:
1. The National Center for Mental Health;
2. A school defined in Article 2 of the Higher Education Act, which has a department or faculty related to mental health or addiction, or an organization or major corresponding thereto;
3. A non-profit corporation established for the purpose of medical treatment, education, research, etc. related to addiction pursuant to Article 32 of the Civil Act;
4. Other institutions recognized and publicly notified by the Minister of Health and Welfare as having expertise in the duties of developing and operating specialized educational programs for tests for narcotic addiction and medical treatment and protection.
(2) If the Minister of Health and Welfare entrusts the duties of developing and operating specialized education for tests for narcotic addiction and protection of medical treatment pursuant to Article 40 (6) of the Act, the Minister shall publicly announce the entrusted institutions, details of entrusted duties, etc. on the website of the Ministry of Health and Welfare.
[This Article Wholly Amended on Feb. 6, 2025]
Article 6(Composition of Central Commission and Regional Commissions) #
(1) The Central Medical Treatment and Protection Examination Commission (hereinafter referred to as the "Central Commission") and a Regional Medical Treatment and Protection Examination Commission (hereinafter referred to as "Regional Commission") under Article 40 (9) of the Act shall be comprised of up to 7 members, including 1 chairperson, respectively, in consideration of gender balance. <Amended on Apr. 19, 2022; Feb. 6, 2025>
(2) The chairperson of a commission shall be the head of a medical treatment and protection facility (the head of a medical treatment and protection facility designated by the Minister of Health and Welfare or the Mayor/Do Governor, if there are 2 or more treatment and protection facilities). <Amended on March 15, 2010>
(3) Members of the Central Commission shall be appointed or commissioned by the Minister of Health and Welfare upon the recommendation of the Chairperson of the Central Commission from among the following persons: <Amended on Mar. 15, 2010; Nov. 23, 2011; Apr. 19, 2022>
1. Public officials of Grade IV or higher belonging to the Ministry of Health and Welfare who are in charge of improving mental health;
2. Judges, public prosecutors, attorneys-at-law, psychiatrists, medical specialists, and persons who have knowledge and experience in the treatment of narcotic addicts;
3. Persons recommended by non-governmental organizations (referring to non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act).
(4) Members of a Regional Commission shall be appointed or commissioned by the Mayor/Do Governor upon the recommendation of the chairperson of the relevant Regional Commission from among public officials of Grade V or higher belonging to the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"), who are in charge of improving mental health, and persons prescribed in paragraph (3) 2 and 3. <Amended on Apr. 19, 2022; Feb. 6, 2025>
(5) The term of office of commissioned members of a commission shall be 2 years, and they may serve consecutive terms.
(6) If a commissioned member of a commission falls under any of the following subparagraphs, the Minister of Health and Welfare or the Mayor/Do Governor may dismiss the relevant member: <Added on May 10, 2016>
1. Where he or she becomes unable to perform his or her duties due to a mental or physical disability;
Article 7(Meetings of Central Commission and Regional Commissions) #
(1) The chairperson of a commission shall convene and preside over meetings of the commission, if necessary to perform the functions of the commission.
(2) A majority of the members of a commission shall constitute a quorum, and any resolution thereof shall require the concurring votes of a majority of those present.
(3) Each commission shall prepare and keep minutes. <Amended on Feb. 6, 2025>
(4) Except as provided in paragraphs (1) through (3), matters necessary for the operation of a commission shall be determined by the chairperson of the commission following a resolution by the commission.
Article 8(Allowances for members) #
Members who attend a meeting of a commission may be paid allowances and travel expenses within the budget; provided, this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties.
Article 9(Tests for narcotic addiction and request for medical treatment and protection) #
(1) If a public prosecutor deems it necessary to provide medical treatment and protection to a narcotic addict or a person suspected to be a narcotic addict (hereinafter referred to as "narcotic addict, etc.") or to determine whether a person is addicted to narcotics, he or she shall request the head of a medical treatment and protection facility to conduct a test for narcotic addiction or to provide medical treatment and protection for the narcotic addict, etc. in Form 1. <Amended on Mar. 15, 2010; Apr. 19, 2022; Feb. 6, 2025>
(2) When the head of a correctional facility (refers to a prison, juvenile prison, detention center and its branches, treatment and custody facility, or juvenile reformatory; hereinafter the same shall apply) releases an addict, etc., he or she shall notify the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu") who has jurisdiction over the place of residence of the addict, etc. in Form 1-2, and inform the addict, etc. of the fact of the notification and matters related to the tests for narcotic addiction and treatment and protection. <Amended on Apr. 19, 2022; Feb. 6, 2025>
(3) If the head of a correctional facility, etc. deems that the released addict, etc. needs medical treatment and protection, he or she may request the head of a medical treatment and protection facility to provide medical treatment and protection in Form 1-3 with the consent of the relevant addict, etc. <Added on Feb. 6, 2025>
(4) The addict, etc. himself or herself, his or her spouse, lineal ascendant, or legal representative may file an application for a test for narcotic addiction or medical treatment and protection in Form 2 with the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a medical treatment and protection facility. In such cases, if the application is made by a person other than the addict, etc., a document proving the relationship with the addict, etc. shall be attached. <Amended on Mar. 15, 2010; Apr. 19, 2022; Feb. 6, 2025>
[Title Amended on Apr. 19, 2022]
Article 10(Tests for narcotic addiction and medical treatment and protection) #
(1) Upon receipt of a request for a test for narcotic addiction or a request or application for medical treatment and protection under Article 9 (1) through (4), the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a medical treatment and protection facility shall have the narcotic addict, etc. receive a test for narcotic addiction or medical treatment and protection without delay. <Amended on Mar. 15, 2010; Apr. 19, 2022; Feb. 6, 2025>
(2) If the Minister of Health and Welfare or the Mayor/Do Governor intends to have an addict, etc. receive a test for narcotic addiction or medical treatment and protection pursuant to paragraph (1), the Minister of Health and Welfare or the Mayor/Do Governor shall undergo deliberation by the relevant commission, and the head of a medical treatment and protection facility shall request the Minister of Health and Welfare or the Mayor/Do Governor having jurisdiction over the relevant medical treatment and protection facility to undergo deliberation by the relevant commission; provided, if it is deemed impracticable to undergo a prior deliberation by the relevant commission due to unavoidable circumstances, the Minister of Health and Welfare or the Mayor/Do Governor shall undergo deliberation by the relevant commission without delay after having the narcotic addict, etc. to receive a test for narcotic addiction or medical treatment and protection. <Amended on Mar. 15, 2010; Apr. 19, 2022>
(3) If a narcotic addict, etc. is undergoing a test for narcotic addiction or medical treatment and protection pursuant to paragraphs (1) and (2), the head of a medical treatment and protection facility shall, without delay, notify the following persons of the date, time, place, and grounds for such test for narcotic addiction or medical treatment and protection in Form 3, and shall report thereon to the Minister of Health and Welfare or the Mayor/Do Governor having jurisdiction over the relevant medical treatment and protection facility: <Amended on Mar. 15, 2010; Apr. 19, 2022; Feb. 6, 2025>
1. Where the spouse, lineal ascendant or legal representative of a narcotic addict, etc. has applied for a test for narcotic addiction or medical treatment and protection under Article 9 (4): A person who has applied for a test for narcotic addiction or medical treatment and protection;
2. In cases other than those referred to in subparagraph 1: Persons in the following relationships with the narcotic addict, etc.; in such cases, it shall be notified to the next-ranking person only when there is no higher ranking person exists in the following order:
Article 11(Standards on tests for narcotic addiction) #
(1) If the head of a medical treatment and protection facility conducts a test for narcotic addiction pursuant to Article 10 (1), he or she shall comply with any of the following standards: <Amended on Nov. 23, 2011; Apr. 19, 2022; Dec. 26, 2023; Feb. 6, 2025>
1. Whether narcotics are detected in urine or hair tests, etc.;
2. Where it is determined that narcotics are pathologically used thereby affecting daily life or that there are withdrawal symptoms or physical or mental dependence symptoms, according to counseling and diagnosis by a psychiatrist.
(2) Notwithstanding Article 10 (1), if a person suspected to be a narcotic addict is confirmed to be a narcotic addict based on a medical certificate issued by a psychiatrist at a medical institution other than the relevant treatment and protection facility, the head of the relevant medical treatment and protection facility may omit a test for narcotic addiction. <Added on Apr. 19, 2022>
Article 12(Reporting on results of tests for narcotic addiction) #
(1) The head of a medical treatment and protection facility shall report the results of a test for narcotic addiction conducted pursuant to Articles 10 (1) and 11 (1) to the Minister of Health and Welfare or the Mayor/Do Governor having jurisdiction over the medical treatment and protection facility in Form 4, along with a copy of a medical certificate or a copy of a written opinion, within 7 days, and the Mayor/Do Governor in receipt of such report shall notify the Minister of Health and Welfare without delay. <Amended on Mar. 15, 2010; Apr. 19, 2022; Dec. 26, 2023; Feb. 6, 2025>
(2) If the head of a medical treatment and protection facility conducts a test for narcotic addiction upon request for such test under Article 9 (1), he or she shall also notify the relevant public prosecutor of the test results in Form 4, along with a copy of a medical certificate or a copy of a written opinion. <Amended on Apr. 19, 2022; Feb. 6, 2025>
Article 13(Provision of medical treatment and protection) #
(1) Pursuant to Article 40 (7) of the Act, the Minister of Health and Welfare or a Mayor/Do Governor shall, without delay, require a person who is found to be a narcotic addict according to a test for narcotic addiction conducted pursuant to Articles 10 (1) and 11 (1) to receive medical treatment and protection within a specified medical treatment and protection period after deliberation by the relevant committee, and the Mayor/Do Governor shall notify the Minister of Health and Welfare of such fact without delay. <Amended on Mar. 15, 2010; Apr. 19, 2022; Dec. 26, 2023; Feb. 6, 2025>
(2) The Minister of Health and Welfare or a Mayor/Do Governor shall notify the head of a medical treatment and protection facility of the results of deliberation by the relevant commission under paragraph (1) in Form 4-2 <Added on Feb. 6, 2025>
[Title Amended on Dec. 26, 2023]
Article 14(Treatment of narcotic addicts) #
The head of a medical treatment and protection facility shall provide medical treatment to narcotic addicts to cure their symptoms of addiction.
Article 15(Special cases concerning medical treatment and protection of serious narcotic addicts) #
(1) If a Mayor/Do Governor deems that a serious narcotic addict needs medical treatment and protection for at least 2 months, he or she may file a request with the Minister of Health and Welfare so that the drug addict can receive medical treatment and protection at a medical treatment and protection facility under Article 3 (1). <Amended on Apr. 19, 2022>
(2) Upon receipt of a request under paragraph (1), the Minister of Health and Welfare may require a serious narcotic addict to receive medical treatment and protection at a medical treatment and protection facility under Article 3 (1). In such cases, the Minister of Health and Welfare need not undergo deliberation by the Central Committee on the matters referred to in Article 40 (10) 1 c. <Added on Apr. 19, 2022; Feb. 6, 2025>
(3) If it is deemed inappropriate to treat a serious narcotic addict at a medical treatment and protection facility under Article 3 (1) in light of the number of beds and medical personnel of the facility and the symptoms, etc. of the severe narcotic addict to be hospitalized, the Minister of Health and Welfare in receipt of a request under paragraph (1) may request the Mayor/Do Governor having jurisdiction over the medical treatment and protection facility to provide medical treatment and protection at a medical treatment and protection facility under Article 3 (2). <Amended on Mar. 15, 2010; Apr. 19, 2022>
(4) A Mayor/Do Governor in receipt of a request under paragraph (3) shall not refuse such request without good cause, and may have a severe narcotic addict receive medical treatment and protection at a medical treatment and protection facility under Article 3 (2) without undergoing deliberation by the competent Regional Committee on the matters referred to in Article 40 (10) 2 a. <Added on Apr. 19, 2022; Feb. 6, 2025>
Article 16(Extension of medical treatment and protection period) #
(1) If the head of a medical treatment and protection facility deems that a narcotic addict needs to continue to receive medical treatment and protection beyond the medical treatment and protection period under Article 13 (1), he or she shall report the grounds therefor and the extended period to the Minister of Health and Welfare or the Mayor/Do Governor in Form 5 , along with a copy of a medical certificate or a copy of a written opinion, not later than 1 month before the expiration of the medical treatment and protection period. <Amended on Mar. 15, 2010; Apr. 19, 2022; Feb. 6, 2025>
(2) Upon receipt of a report under paragraph (1), the Minister of Health and Welfare or the Mayor/Do Governor may extend the medical treatment and protection period for a narcotic addict by up to 2 months each time after deliberation by the relevant commission. The aggregate medical treatment and protection period in such cases shall not exceed 12 months. <Amended on Mar. 15, 2010>
(3) The period during which a narcotic addict, etc. is medically treated and protected before undergoing deliberation by a commission pursuant to the proviso of Article 10 (2) shall not be included in the aggregate medical treatment and protection period under the latter part of paragraph (2). <Amended on Apr. 19, 2022>
(4) The Minister of Health and Welfare or a Mayor/Do Governor shall notify the head of a medical treatment and protection facility of the results of deliberation by the relevant commission under the former part of paragraph (2) in Form 5-2 <Added on Feb. 6, 2025>
(5) If the treatment and protection period of a narcotic addict is extended pursuant to paragraph (2), the fact shall be notified to the person subject to notification under Article 10 (3). <Amended on Feb. 6, 2025>
Article 17(Reporting on results of medical treatment and protection) #
(1) The head of a medical treatment and protection facility shall report the results of medical treatment of a narcotic addict in Form 6 to the Minister of Health and Welfare or the competent Mayor/Do Governor not later than 1 month before the expiration of the medical treatment and protection period under Article 13 (1) (if the medical treatment and protection period is extended pursuant to Article 16, referring to the extended period; hereafter the same shall apply in this Article and Article 18). The same shall also apply where the head of a medical treatment and protection facility deems that a narcotic addict has been completely cured before the expiration of the medical treatment and protection period. <Amended on Mar. 15, 2010; Feb. 6, 2025>
(2) The head of a medical treatment and protection facility shall notify a public prosecutor of the medical treatment results of a person who has been provided with medical treatment and protection at the request of the public prosecutor under Article 9 (1) no later than 1 month before the expiration of the medical treatment and protection period. <Amended on Apr. 19, 2022; Feb. 6, 2025>
[Title Amended on Feb. 6, 2025]
Article 18(Termination of medical treatment and protection) #
(1) If a person receiving medical treatment and protection falls under any of the following cases, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a medical treatment and protection facility shall terminate medical treatment and protection without delay: <Amended on Mar. 15, 2010; Apr. 19, 2022>
1. Where it is found that the person is not a narcotic addict according to a test for narcotic addiction;
2. Where the medical treatment and protection period expires;
3. Where a report is filed pursuant to the latter part of Article 17 (1);
4. Where the public prosecutor requests the termination of medical treatment and protection.
(2) If the head of a medical treatment and protection facility terminates medical treatment and protection pursuant to paragraph (1), he or she shall report such fact in Form 5 to the Minister of Health and Welfare or the Mayor/Do Governor having jurisdiction over the medical treatment and protection facility, and the Mayor/Do Governor in receipt of such report shall notify the Minister of Health and Welfare thereof without delay. <Added on Apr. 19, 2022; Feb. 6, 2025>
(3) Upon receipt of a report under paragraph (2), the Minister of Health and Welfare or the Mayor/Do Governor shall notify the following persons of the termination of medical treatment and protection in Form 8 with the consent of the person whose medical treatment and protection has been terminated: <Added on Feb. 6, 2025>
1. The head of a Si/Gun/Gu having jurisdiction over the place of residence of a person whose medical treatment and protection is terminated;
2. The head of an addiction management center under Article 15-3 (1) of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
3. The head of the Korean Association Against Drug Abuse under Article 51-6 (1) of the Act.
(4) The head of a medical treatment and protection facility may recommend that a person whose medical treatment and protection is terminated on the grounds referred to in paragraph (1) 2 or 4 receive a monthly inspection or counseling at a medical treatment and protection facility for 1 year from the date the medical treatment and protection is terminated. <Amended on Apr. 19, 2022; Feb. 6, 2025>
[Title Amended on Apr. 19, 2022]
Article 19(Re-examination of regulation) #
Pursuant to Article 8 of the Framework Act on Administrative Regulations, the Minister of Health and Welfare shall examine the appropriateness of the following matters every 3 years from each base date specified in the following subparagraphs (referring to the period that ends on December 31 of every 3rd year) and shall take measures, such as making improvements:
1. Standards for facilities and equipment of medical treatment and protection facilities under Article 3 (3): January 1, 2025;
2. Standards for evaluation for the re-designation of medical treatment and protection facilities under Article 4 (1): January 1, 2025.
[This Article Added on Feb. 6, 2025]