Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Dissection and Preservation of Corpses and matters necessary for the enforcement thereof. <Amended on Jun. 28, 2016>
Article 2(Qualifications of prosectors) #
“Person prescribed by Presidential Decree” in subparagraph 1 of Article 2 of the Act on Dissection and Preservation of Corpses (hereinafter referred to as the "Act") means a doctor who has served as an exclusive medical specialist at a general hospital under Article 3-3 of the Medical Service Act (hereinafter referred to as "general hospital") for at least 5 years and meets all of the following requirements: <Amended on Apr. 6, 2021>
1. He or she shall hold office at a medical college (including a dental college; hereafter in this Article the same shall apply) or general hospital conducting the dissection of corpses;
2. The deliberative council on dissection of corpses established in a medical college or general hospital under Article 2-2 (1) shall undergo deliberation on the appropriateness of dissection according to the characteristics of each medical department.
[This Article Newly Inserted on Jun. 28, 2016]
Article 2-2(Deliberative council on dissection of corpses) #
(1) If the head of a medical college (including a dental college and a college of Korean medicine; hereinafter the same shall apply) or a general hospital deems it necessary to implement and research the dissection of corpses for the development of medical science and medical technology, he or she may establish a deliberative council on dissection of corpses, which is comprised of relevant experts, in the relevant medical college or general hospital. <Amended on Apr. 6, 2021>
(2) The deliberative council for dissection of corpses under paragraph (1) shall deliberate on matters necessary for the implementation, research, management, etc. of dissection of corpses under subparagraph 1 of Article 2 of the Act.
(3) Matters necessary for the composition, operation, deliberation, etc. of a deliberative council on dissection of corpses under paragraph (1) shall be determined and publicly notified by the Minister of Health and Welfare.
[This Article Newly Inserted on Jun. 28, 2016]
Article 3(Criteria and procedures for permission for institutions providing parts of corpses for research) #
(1) “Facilities, equipment, human resources, etc. prescribed by Presidential Decree” in Article 9-4 (1) of the Act means facilities, equipment, human resources, etc. specified in attached Table 1.
(2) An institution that intends to obtain permission pursuant to Article 9-4 (1) of the Act shall submit to the Minister of Health and Welfare an application for permission prescribed by Ordinance of the Ministry of Health and Welfare, along with the following documents:
1. The following documents classified as follows:
(a) Where a person who intends to obtain permission is a medical college: A copy of a document verifying the foundation or establishment of the relevant college;
(b) Where a person who intends to obtain permission is a general hospital: A copy of the certificate of permission to establish a medical institution;
2. Documents stating the current status of facilities, equipment, human resources, etc. specified in attached Table 1;
3. The registration certificate or written agreement of the Institutional Bioethics Committee established under Article 10 of the Bioethics and Safety Act;
4. A business plan;
5. Documents stating the current status of a part of a corpse in preservation to be provided for research purposes, if such part exists;
6. Guidelines for the protection of identification information under Article 9-7 (5) of the Act.
(3) Upon receipt of an application for permission filed under paragraph (2), the Minister of Health and Welfare shall examine whether the details of the application meet the requirements for permission under paragraph (1) through an on-site investigation, etc. and determine whether to grant permission.
(4) If the Minister of Health and Welfare grants permission pursuant to Article 9-4 (1) of the Act, he or she shall issue a certificate of permission prescribed by Ordinance of the Ministry of Health and Welfare to the applicant.
[This Article Newly Inserted on Apr. 6, 2021]
Article 4(Permission for change of institutions providing parts of corpses for research) #
(1) “Important matters prescribed by Presidential Decree” in Article 9-4 (2) of the Act means the following:
1. Name of the institution;
2. Location of the institution;
3. The representative of the institution;
4. Facilities, equipment, and human resources (provided, excluding subparagraphs 1 (b) 5 and 6 of attached Table 1 and subparagraph 2 (d) of that Table).
(2) A person who intends to obtain permission for change pursuant to Article 9-4 (2) of the Act shall submit to the Minister of Health and Welfare an application for permission for change prescribed by Ordinance of the Ministry of Health and Welfare, along with a certificate of permission issued pursuant to Article 3 (2) and documents evidencing the details of change.
(3) The Minister of Health and Welfare shall notify the applicant of whether to grant permission for change within 30 days from the date of receipt of an application for permission for change under paragraph (2).
[This Article Newly Inserted on Apr. 6, 2021]
Article 5(Provision and management of parts of corpses for research) #
“Matters prescribed by Presidential Decree” in subparagraph 5 of Article 9-8 of the Act means the following:
1. Laying the foundation for facilitating provision of parts of corpses and support therefor;
2. Formulating plans for a safe and appropriate provision of corpses;
3. Training human resources specialized in providing parts of corpses for research, such as education for employees and researchers of institutions providing parts of corpses for research;
4. Other matters the Minister of Health and Welfare deems necessary to manage matters regarding the provision of parts of corpses.
[This Article Newly Inserted on Apr. 6, 2021]
Article 6(Delegation or entrustment of authority or business affairs) #
(1) The Minister of Health and Welfare shall delegate the following authority to the Commissioner of the Korea Disease Control and Prevention Agency pursuant to Article 18 (1) of the Act:
1. Permission under Article 9-4 (1) of the Act and permission for change under Article 9-4 (2) of the Act;
2. Revocation of permission and suspension of operation under Article 9-5 of the Act;
3. Management and supervision of institutions permitted under subparagraph 1 of Article 9-8 of the Act;
4. Promotion of the establishment, management, and utilization of information systems under subparagraph 2 of Article 9-8 of the Act;
5. Preparation of standards for procedures for providing parts of corpses under subparagraph 3 of Article 9-8 of the Act;
6. Reporting and investigation under Article 18-2 of the Act.
(2) Pursuant to Article 18 (2) of the Act, the Minister of Health and Welfare shall entrust the following business affairs to an institution or organization designated by the Minister of Health and Welfare from among non-profit corporations under Article 32 of the Civil Act. In such cases, the Minister of Health and Welfare shall publicly notify the institution or organization entrusted with the business affairs and the details of the business affairs entrusted in the Official Gazette:
1. Research and study on policies and systems for providing parts of corpses and survey and analysis of relevant statistics under subparagraph 4 of Article 9-8 of the Act;
2. Business affairs referred to in the subparagraphs of Article 5.
[This Article Newly Inserted on Apr. 6, 2021]
Article 6-2 #
Deleted. <Jun. 28, 2016>
Article 7(Re-examination of regulation) #
The Minister of Health and Welfare shall examine the appropriateness of the criteria and procedures for permission for institutions that can collect and preserve parts of corpses and provide them for research purposes pursuant to Articles 3 and 4 every three years counting from January 1, 2022 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements.
[This Article Newly Inserted on Mar. 8, 2022]
Article 8(Criteria for imposition of administrative fines) #
The criteria for the imposition of administrative fines under Article 21 (1) of the Act shall be as specified in attached Table 2. <Amended on Apr. 6, 2021>
[This Article Wholly Amended on Jul. 31, 2018]