Article 1(Purpose) #
The purpose of this Decree is to prescribe matters necessary for training, recognizing qualifications, and specialties for medical specialists under Article 77 (1) and (4) of the Medical Service Act. <Amended on Apr. 1, 2014>
Article 2(Definitions) #
The terms used in this Decree are defined as follows: <Amended on Mar. 15, 2010; Dec. 22, 2016>
1. The term "trainee doctor" means an intern or resident who receives training at a training hospital or training institution to qualify as a medical specialist;
2. The term "intern" means a person who has obtained a doctor's license and is affiliated with a certain training hospital and trains practical skills in each clinical subject;
3. The term "resident" means a person who has completed an internship course (referring to a person who has obtained a doctor's license in cases of family medicine) or a person who is recognized by the Minister of Health and Welfare as equivalent thereto and is exclusively affiliated with a specific training hospital or training institution and trains a specialty as his or her major;
4. The term "training hospital" means a medical institution designated pursuant to Article 13 (1) of the Act on the Improvement of Training Conditions and Status of Trainee Doctors;
5. The term "training institution" means a medical college, graduate medical school, or health-related institution designated pursuant to Article 13 (1) of the Act on the Improvement of Training Conditions and Status of Trainee Doctors;
6. The term "parent hospital" means a training hospital that dispatches trainee doctors to an affiliate hospital after entering into an agreement on the training of trainee doctors with an affiliate hospital defined in subparagraph 7;
7. The term "affiliate hospital" means a training hospital that trains trainee doctors dispatched from the parent hospital after entering into an agreement with a parent hospital on the training of trainee doctors.
Article 3(Specialties of medical specialists) #
The specialties of medical specialists include internal medicine, neurology, psychiatry, surgery, orthopedics, neurosurgery, cardiovascular and thoracic surgery, plastic surgery, anesthesiology and pain medicine, obstetrics and gynecology, pediatrics, ophthalmology, otolaryngology, dermatology, urology, radiology, radiation oncology, pathology, laboratory medicine, tuberculosis, rehabilitation medicine, preventive medicine, family medicine, emergency medicine, nuclear medicine, and occupational and environmental medicine. <Amended on Nov. 23, 2011; Nov. 21, 2017; Nov. 22, 2022>
Article 4(Training) #
(1) A doctor who intends to become a medical specialist shall undergo training under this Decree at a certain training hospital or training institution; provided, this shall not apply to persons who fall under Article 18 (1) 2.
(2) The specialties available for training at a training institution under paragraph (1) shall be limited to preventive medicine and occupational and environmental medicine. <Amended on Nov. 23, 2011>
(3) Notwithstanding paragraph (1), if a new specialty is established, the Minister of Health and Welfare may recognize a person who has majored in the relevant specialty at a public health institution or medical institution recognized by the Minister of Health and Welfare as a person who has completed training for the newly established specialty, as prescribed by Ordinance of the Ministry of Health and Welfare, only for the period during which a person who has completed the training under paragraph (1) for the relevant specialty is recognized as a medical specialist for the first time. <Amended on Mar. 15, 2010>
(4) The parent hospital may dispatch a trainee doctor to an affiliate hospital and have it train him or her.
(5) A training hospital may operate an integrated training course jointly with another training hospital for common specialties after obtaining approval from the Minister of Health and Welfare, in order to have trainee doctors experience various health and medical conditions, clinical cases, etc. <Newly Inserted on Apr. 1, 2014>
(6) Matters necessary for the operation of parent hospitals and affiliate hospitals, such as the standards for recognition of parent hospitals and affiliate hospitals for the dispatch of trainee doctors under paragraph (4), the period of dispatch for training, etc. and the operation of integrated training courses under paragraph (5) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Mar. 15, 2010; Apr. 1, 2014>
Article 5(Training period) #
(1) The term of training of a trainee doctor shall be 1 year as an intern and 4 years as a resident (3 years of residency course without taking an internship course in case of household medicine); provided, in any of the following cases, the training period of a trainee doctor shall be the period classified as follows:
1. Where a medical officer of the military who has been transferred to the military register of reserve service after completing his active duty service and intends to receive training in the relevant year of discharge from military service: A period excluding 2 months from the training period for interns or residents;
2. Where a person who has performed the duties of a public health doctor under the Act on Special Measures for Health and Medical Services in Agricultural and Fishing Villages intends to receive training in the year in which the duties are completed: The period excluding 2 months from the training period for interns or residents;
3. Where a female trainee doctor has given birth during her training period: The period excluding 3 months from the training period for interns or residents.
(2) Notwithstanding paragraph (1), if it is necessary to differentiate training periods for each specialty, the training period may be extended or shortened, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) If a training hospital or training institution is changed pursuant to Article 13, the period required for a trainee doctor to be able to receive training at another training hospital or training institution shall be included in the training period referred to in paragraph (1) within the limit of 2 months.
(4) The sum of the periods excluded under the subparagraph of paragraph (1) and the periods included in the training period under paragraph (3) shall not exceed 4 months per year.
(5) A training year shall be from March 1 to the end of February of the following year; provided, in the case of paragraph (1) 1 and 2, the first training year shall be from May 1 to the end of February of the following year.
(6) Notwithstanding paragraph (5), the head of a training hospital or training institution may change the training year according to the following classifications; in such cases, the head of the training hospital or training institution shall report such fact to the Minister of Health and Welfare:
1. Where there is no person eligible to be appointed as a trainee doctor or where vacancy arises due to dismissal, resignation, etc. of a trainee doctor: Change of the training year to between September 1 and August 31 of the following year;
Article 6 #
Deleted. <Dec. 22, 2016>
Article 7 #
Deleted. <Dec. 22, 2016>
Article 8(Quota of trainee doctors) #
The quota of trainee doctors for each specialty to be trained in a training hospital or training institution shall be determined by the Minister of Health and Welfare for each training hospital or training institution. <Amended on Mar. 15, 2010>
Article 9(Training courses) #
(1) The training courses for trainee doctors shall be determined by the Minister of Health and Welfare.
(2) The Minister of Health and Welfare may evaluate each year whether a trainee doctor has completed the training course under paragraph (1).
(3) If a trainee doctor has completed a training course under paragraph (1), the head of a training hospital or training institution shall issue a certificate of completion, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended on Apr. 1, 2014]
Article 10(Remuneration for trainee doctors in national and public hospitals) #
Remuneration equivalent to that of a national public official of Grade 5 or 6 within the budget of a training hospital or training institution shall be paid to trainee doctors who are in training at the national or public training hospital or training institution.
Article 11(Authority of heads of training hospitals or training institutions) #
(1) The head of a training hospital or training institution shall appoint trainee doctors within the scope of the quota under Article 8 and shall guide and supervise the training of trainee doctors, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Mar. 15, 2010>
(2) If a trainee doctor is deemed inappropriate for training, the head of a training hospital or training institution may dismiss such trainee doctor.
Article 12(Preparation and keeping of training-related records) #
(1) Deleted. <Dec. 22, 2016>
(2) Deleted. <Dec. 22, 2016>
(3) The head of a training hospital or training institution shall prepare and keep the following documents:
1. Training records concerning training courses under Article 9 (1);
2. Minutes of various meetings related to the training of trainee doctors;
3. Records on academic meetings related to the training of trainee doctors;
4. Records on appointment, dismissal, etc. of trainee doctors.
(4) The head of a training hospital or training institution shall keep the documents referred to in the subparagraphs of paragraph (3) for 5 years from the date the training of a trainee doctor under his or her jurisdiction is completed.
[This Article Wholly Amended on Apr. 1, 2014]
[Title Amended on Dec. 22, 2016]
Article 13(Change of training hospitals) #
The head of a training hospital or training institution (including the Minister of Health and Welfare in cases falling under subparagraph 1) may request the head of another training hospital or training institution to train a trainee doctor under his or her jurisdiction if any of the following grounds arise: <Amended on Apr. 1, 2014; Dec. 22, 2016>
1. If designation is revoked pursuant to Article 13 of the Act on the Improvement of Training Conditions and Status of Trainee Doctors;
2. If a ground for adjusting the quota of trainee doctors for the relevant specialty arises because some medical departments of a training hospital or training institution ceases to meet the criteria for designation of each specialty under Article 4 of the Act on the Improvement of Training Conditions and Status of Trainee Doctors;
3. If it is deemed difficult for a trainee doctor in training to continue his or her training at the relevant training hospital or training institution due to other unavoidable reasons.
Article 14(Prohibition of establishment of medical institutions by trainee doctors) #
No trainee doctor shall establish a medical institution, or work or concurrently work for a medical institution or health-related institution other than a training hospital or training institution, except in any of the following cases:
1. Where he or she is appointed to another training hospital or training institution in the course of changing his or her training hospital or training institution pursuant to Article 13;
2. Where he or she concurrently works for a medical institution or health-related institution in an urgent need to secure medical personnel due to a disaster, such as an infectious disease, fire, etc., as deemed necessary by the Minister of Health and Welfare.
[Title Amended on Mar. 2, 2021]
Article 15(Instructions to and supervision over training hospitals) #
(1) The Minister of Health and Welfare may give instructions necessary for the training of trainee doctors to the heads of training hospitals or training institutions, or may supervise the training status of trainee doctors, such as the completion of annual training courses, etc.
(2) Deleted. <Dec. 22, 2016>
(3) If the Minister of Health and Welfare supervises the current status of training, he or she may require the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor to verify the current status of training, if necessary.
[This Article Wholly Amended on Apr. 1, 2014]
Article 16(Corrective order) #
(1) If a training hospital or training institution falls under any of the following cases, the Minister of Health and Welfare may order it to take corrective measures within a specified period, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended on Nov. 22, 2022>
1. Deleted; <Dec. 22, 2016>
2. Where it appoints trainee doctors in excess of the quota of trainee doctors under Article 8;
3. Deleted; <Dec. 22, 2016>
4. Where it fails to prepare or keep documents referred to in the subparagraphs of Article 12 (3), in violation of Article 12 (3) or (4);
5. Where it fails to comply with an instruction from the Minister of Health and Welfare under Article 15 (1).
(2) If a training hospital or training institution in receipt of a corrective order under paragraph (1) fails to comply with such order within a specified period, the Minister of Health and Welfare may take the following measures:
1. Deleted; <Dec. 22, 2016>
2. Adjustment of the quota of trainee doctors under Article 8.
[This Article Wholly Amended on Apr. 1, 2014]
Article 17 #
Deleted. <Dec. 22, 2016>
Article 18(Recognition of qualification of medical specialists) #
(1) A person whose qualification as a medical specialist may be recognized shall be any of the following persons who have passed a qualifying examination for medical specialists administered by the Minister of Health and Welfare: <Amended on Mar. 15, 2010>
1. A doctor who has completed a training course under this Decree;
2. A doctor who has completed the prescribed internship and residency courses at a foreign medical institution recognized by the Minister of Health and Welfare;
3. A person recognized by the Minister of Health and Welfare as a doctor who has completed training pursuant to Article 4 (3).
(2) The Minister of Health and Welfare may have corporations related to medical services determined and publicly notified by the Minister of Health and Welfare administer qualifying examinations for medical specialists under paragraph (1). <Amended on Mar. 15, 2010; Apr. 1, 2014>
(3) The methods and procedures for applying for a qualifying examination for medical specialists, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Mar. 15, 2010>
Article 19(Issuance of licenses) #
The Minister of Health and Welfare shall issue a license of a medical specialist according to the types of specialties to a person who has passed the qualifying examination for medical specialists under Article 18 within 2 months from the date of announcement of successful applicants for the examination. <Amended on Mar. 15, 2010>
Article 20(Indication of specialties) #
A medical specialist may indicate the word "specialty" and the name of the specialty in addition to the medical departments on the signboard indicating medical departments.
Article 21(Entrustment of business affairs) #
(1) The Minister of Health and Welfare may entrust the following business affairs to organizations related to medical services:
1. Receipt of reports on changes in the training year under the latter part, with the exception of the subparagraphs, of Article 5 (6);
2. Deleted; <Dec. 22, 2016>
3. Data surveys to determine the quota of trainee doctors under Article 8;
4. Deleted; <Dec. 22, 2016>
5. Data surveys to confirm the status of training, such as the completion of training courses under Article 15 (1).
(2) If the Minister of Health and Welfare entrusts business affairs pursuant to paragraph (1), the Minister shall determine and publicly notify matters necessary for entrustment, such as entrusted institutions and details of entrusted business affairs.
[This Article Wholly Amended on Apr. 1, 2014]