KOREA FOUNDATION FOR INTERNATIONAL HEALTHCARE ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to promoting international cooperation and realizing humanitarianism by establishing the Korea Foundation for International Healthcare, which shall operate healthcare assistance programs for foreign countries including developing countries, northern side of the military demarcation line (hereinafter referred to as "North Korea"), overseas Koreans, immigrant workers in Korea, etc.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jan. 15, 2019>

1. The term "overseas Korean" means an overseas Korean defined in Article 2 of the Act on the Immigration and Legal Status of Overseas Koreans;

2. "Immigrant workers, etc." refer to those who do not have the nationality of the Republic of Korea and provide labor to the establishment located in Korea, and others prescribed by the Presidential Decree.

Article 3(Legal Personality) #

The Korea Foundation for International Healthcare (hereinafter referred to as "KOFIH") shall be a legal entity.

Article 4(Establishment) #

(1) The KOFIH shall be established by registering its establishment in the location of its main office.

(2) The following information shall be included in the registration of the establishment under paragraph (1):

1. Purpose;

2. Name;

3. Main office;

4. Names and addresses of executive officers;

5. Notice method.

(3) Provisions on the registration of foundations in the Civil Act shall apply to other types of registration.

Article 5(Establishment of Office) #

(1) The location of the KOFIH's main office shall be prescribed by its articles of association.

(2) The KOFIH may establish branches in and out of Korea if necessary, after obtaining approval from the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>

Article 6(Articles of Association) #

(1) The following information shall be stated in the articles of association of the KOFIH:

1. Purpose;

2. Name;

3. Information on the main office and branches;

4. Information on programs;

5. Information on property and accounting;

6. Information on executive officers and staff;

7. Information on the board of directors;

8. Information on changes in the articles of association;

9. Information on establishment, amendment and abolishment of internal regulations;

10. Information on notice.

(2) If the KOFIH intends to revise its articles of association, it shall obtain approval from the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>

Article 7(Programs of KOFIH) #

The KOFIH shall implement the following programs to fulfill the purpose stated in Article 1. <Amended on May 25, 2007>

1. Programs for improving the healthcare conditions of foreign countries, including developing countries, North Korea, etc.:

(a) Provision and modernization of healthcare facilities;

(b) Provision of medical supplies, medicine, etc.;

(c) Invitation and training of healthcare workforce;

(d) Secondment of healthcare workforce;

(e) Support for aid organizations and agencies relating to the field of healthcare;

(f) Emergency support of medical workforce, medical equipment, medicine, etc. in response to disasters or calamities;

(g) Other assistance programs to improve the healthcare conditions;

2. Programs for improving the healthcare conditions of overseas Koreans, immigrant workers, etc.:

(a) Provision of medical consultation, disease prevention service, etc.;

(b) Support for relevant aid organizations and agencies;

(c) Survey and research, and system development for better healthcare services;

3. Programs for promoting international cooperation in the field of healthcare:

(a) Organization, support and participation of events for exchanges and cooperation in healthcare;

(b) Secondment and invitation of personnel for exchanges and cooperation in healthcare;

(c) Survey and research, and dissemination of its findings on international healthcare cooperation;

(d) Other programs necessary to promote international cooperation in healthcare;

4. Programs commissioned by the government;

5. Memorial programs for those who made an outstanding contribution to health promotion and disease eradication for the humankind;

6. Education, publicity and other accompanying projects associated with the programs stated in subparagraphs 1 through 3.

Article 8(Executive Officers) #

(1) KOFIH shall have up to 15 directors, including 1 President, and 1 Auditor. <Amended on Feb. 3, 2016>

(2) The President and executive officers, except the director who concurrently serves as Secretary General, shall be non-standing members. <Amended on Feb. 3, 2016; Sep. 14, 2023>

(3) The President shall be appointed by President of the Republic of Korea with the recommendation of the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; Feb. 3, 2016>

(4) Members of the Board, except the ex officio members of the Board whose number is not more than 5 prescribed by the Presidential Decree, shall be appointed by the Minister of Health and Welfare with the recommendation of the President. <Amended on Feb. 29, 2008; Jan. 18, 2010; Feb. 3, 2016>

(5) A Secretary General shall be appointed by the President from among the directors with the consent of the board of directors. <Amended on Feb. 3, 2016>

(6) The Auditor shall be appointed by the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>

(7) Terms of office for the President and members of the Board shall be 3 years, and they may be appointed consecutively for further terms. <Amended on Feb. 3, 2016>

(8) The term of office for the Auditor shall be 3 years, and may be renewed consecutively only once.

Article 9(Disqualification of Executive Officers) #

Any of the following persons shall not serve as an executive officer of the KOFIH: <Amended on Feb. 3, 2016>

1. A person under adult guardianship or under limited guardianship;

2. A bankrupt who has not been reinstated;

3. A person for whom 3 years have not passed since he or she was sentenced to imprisonment or to a heavier punishment and the execution thereof was completed (including the cases where the execution is considered to have been completed) or exempt;

4. A person who is in the suspension period after being given a suspended sentence to imprisonment or to a heavier punishment;

5. A person whose qualifications have been lost or suspended by a court decision or under other statutes.

Article 10(Responsibilities of Executive Officers) #

(1) The President shall represent the KOFIH, exercise overall control over its activities, and provide guidance and supervision for its staff. <Amended on Feb. 3, 2016>

(2) The Auditor shall audit the status of accounting, budget execution and property of the KOFIH, and shall report the results to the board of directors and Minister of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>

Article 11(Restriction on Concurrent Offices) #

Staff of the KOFIH shall not engage in a business other than their duties for the purpose of making a profit, and shall not take concurrent offices without approval of the President. <Amended on Feb. 3, 2016>

Article 12(Board of Directors) #

(1) The KOFIH shall have the board of directors to deliberate and resolve on the matters important to the work of KOFIH.

(2) The board of directors shall be composed of the President and directors. <Amended on Feb. 3, 2016>

(3) The President shall convene Board meetings, and serve as the chair. <Amended on Feb. 3, 2016>

(4) The President shall convene a Board meeting when at least 1/3 of incumbent members of the Board call for a meeting while specifying the purpose. <Amended on Feb. 3, 2016>

(5) The Auditor may attend a Board meeting and state his or her opinion.

Article 13(Appointment and Dismissal of Staff) #

The President shall appoint or dismiss staff members under the Articles of Incorporation. <Amended on Feb. 3, 2016>

Article 14(Organization) #

For the purpose of fulfilling its duties, the KOFIH shall have 1 Secretary General, and staff and business units as necessary.

Article 15(Secondment of Public Officials) #

(1) The KOFIH may request the national agencies, through the Minister of Health and Welfare, to second public officials where it is necessary to achieve its establishment purpose. <Amended on Feb. 29, 2008; Jan. 18, 2010>

(2) Upon receipt of a request under paragraph (1), the head of the agency may second its public officials to the KOFIH.

Article 15-2(Consultation for Personnel Seconded Abroad to Conduct Programs) #

If the KOFIH seconds an employee to a developing country, etc. and has him or her conduct a program under subparagraphs 1 and 2 of Article 7, the Minister of Health and Welfare may consult with the heads of relevant administrative agencies on administrative support necessary to ensure that such employee perform the relevant program safely and smoothly.

[This Article Newly Inserted on Jan. 15, 2019]

Article 16(Operating Funds) #

The KOFIH operates on government contributions and subsidies, cash or valuable donations under Article 18, loans under Article 19, and other revenues.

Article 17(Contributions) #

(1) The State may make contributions within the budget to cover the expenses associated with the establishment and operation of the KOFIH.

(2) Matters necessary for the provision and use of the contributions under paragraph (1) shall be prescribed by the Presidential Decree.

Article 18(Collecting Donations) #

(1) The KOFIH may accept cash or valuable donations voluntarily made within the scope satisfying the purpose of its programs.

(2) Matters concerning the procedures to accept cash or valuable donations under paragraph (1) shall be prescribed by the Presidential Decree.

[This Article Wholly Amended on Feb. 3, 2016]

Article 19(Loans) #

The KOFIH may take out loans after obtaining approval from the Minister of Health and Welfare to finance the programs under Article 7 (including loans from international organizations, foreign governments or foreigners). <Amended on Feb. 29, 2008; Jan. 18, 2010>

Article 20(Free Lending of State Property) #

(1) Notwithstanding the State Property Act and Commodity Management Act, the State may allow the KOFIH to borrow, use or profit from State property and commodities free of charge, where it is necessary for the establishment and operation of the KOFIH. <Amended on May 25, 2007>

(2) Notwithstanding the Commodity Management Act, the State may transfer commodities to the KOFIH free of charge if necessary for the operation of the KOFIH. <Newly Inserted on May 25, 2007>

Article 21(Business Year) #

The business year of the KOFIH shall coincide with the fiscal year of the State.

Article 22(Approval for Program Plan and Budget) #

(1) The KOFIH shall prepare its program and budget plans for every business year in accordance with Presidential Decree, and obtain approval from the Minister of Health and Welfare. The same shall also apply to any proposed changes. <Amended on Feb. 29, 2008; Jan. 18, 2010>

(2) If the Minister of Health and Welfare intends to approve, or make changes to, the program and budget plans under paragraph (1), prior consultation shall be made with the heads of the relevant central administrative agencies. <Amended on Feb. 29, 2008; Jan. 18, 2010>

Article 23(Submission of Closing Statement and Program Performance Report) #

The KOFIH shall prepare and submit the closing statement on its revenue and expenditure and program performance report for every business year to the Minister of Health and Welfare by the end of February of the following business year. <Amended on Feb. 29, 2008; Jan. 18, 2010>

Article 24(Guidance and Supervision of Duties) #

(1) The Minister of Health and Welfare shall guide and supervise the KOFIH. <Amended on Feb. 29, 2008; Jan. 18, 2010>

(2) The Minister of Health and Welfare shall have a prior consultation with the heads of the relevant central administrative agencies where deemed necessary to provide guidance and supervision for the program implementation under Article 7. <Amended on Feb. 29, 2008; Jan. 18, 2010>

(3) The Minister of Health and Welfare may order the KOFIH to report on the matters regarding its duties, accounting, and assets or to submit relevant documents. <Amended on Feb. 29, 2008; Jan. 18, 2010>

(4) The Minister of Health and Welfare may have its officials inspect the books, documents, and other belongings of the KOFIH. In this case, the public officials in charge shall carry an identification indicating his or her authority and show it to interested persons. <Amended on Feb. 29, 2008; Jan. 18, 2010>

(5) The Minister of Health and Welfare may order necessary measures including correction, where he or she finds a violation of this Act or the articles of association in the course of guidance and supervision under paragraphs (1) through (4). <Amended on Feb. 29, 2008; Jan. 18, 2010>

Article 25(Dismissal of Executive Officers) #

(1) Any executive officer falling under any subparagraph of Article 9 shall resign from the KOFIH by the law itself.

(2) The President of the Republic of Korea may dismiss the President of the Board of Directors when he or she falls under any of the following: <Amended on Feb. 29, 2008; Jan. 18, 2010; Feb. 3, 2016>

1. An apparently illegal act or accounting fraud is found;

2. Major duties of the KOFIH are falsely reported to the Minister of Health and Welfare, or false documents are submitted;

3. Reputation or property of the KOFIH is damaged by intention or gross negligence;

4. Orders of the Minister of Health and Welfare made under this Act are not followed without reasonable grounds.

(3) The Minister of Health and Welfare may recommend that the President of the Republic of Korea dismiss the President of the Board of Directors when he or she falls under any of the subparagraphs of paragraph (2); <Amended on Feb. 29, 2008; Jan. 18, 2010; Feb. 3, 2016>

(4) The Minister of Health and Welfare may dismiss the executive officer (excluding the President and ex officio members of the Board in accordance with Article 8 (4)) who falls under any of the subparagraphs of paragraph (2). <Amended on Feb. 29, 2008; Jan. 18, 2010; Feb. 3, 2016>

Article 26(Confidentiality) #

Any person who serves or served as an executive officer or staff member shall not disclose confidential information learned in the course of performing his or her duties.

Article 27(Prohibition on Use of Similar Names) #

Any person other than the KOFIH under this Act shall not use the name of KOFIH or other similar names.

Article 28(Mutatis Mutandis Application of Civil Act) #

Except as provided in this Act, the provisions governing incorporated foundations in the Civil Act shall apply mutatis mutandis to the matters regarding the KOFIH.

Article 29(Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) #

Executive officers and staff members of the KOFIH shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act.

Article 30(Penalty Provisions) #

A person who violates Article 26 shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won. <Amended on Mar. 21, 2017>

Article 31(Administrative Fines) #

(1) A person who violates Article 27 shall be subject to an administrative fine not exceeding 5 million won.

(2) The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010>

(3) Deleted. <Jan. 15, 2019>

(4) Deleted. <Jan. 15, 2019>

(5) Deleted. <Jan. 15, 2019>