Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Korea Human Resource Development Institute for Health and Welfare and matters necessary for the enforcement thereof. <Amended on Jan. 28, 2022>
Article 2(Government contributions) #
(1) If the Korea Human Resource Development Institute for Health and Welfare (hereinafter referred to as "KOHI") established under the Act on the Korea Human Resource Development Institute for Health and Welfare (hereinafter referred to as the "Act") intends to request contributions under Article 11 (1) of the Act, it shall submit to the Minister of Health and Welfare a budget request for contributions for the following year, along with the following documents, by April 30 each year: <Amended on Feb. 29, 2008; Mar. 15, 2010; Jul. 2, 2019; Jan. 28, 2022>
1. Business plans and fund receipt and disbursement plans, for the following year;
2. Estimated statement of financial position and estimated statement of profit or loss for the following year;
3. Other documents necessary for clarifying the details of the budget request for contributions.
(2) If KOHI intends to receive contributions under Article 11 (1) of the Act, it shall submit an application for contributions for the relevant year, along with quarterly business plans and budget execution plans, to the Minister of Health and Welfare no later than 15 days prior to the beginning of each quarter. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jan. 28, 2022>
(3) Upon receiving an application for contributions under paragraph (2), the Minister of Health and Welfare shall grant the contributions if the quarterly business plans and budget execution plans are deemed appropriate. <Amended on Feb. 29, 2008; Mar. 15, 2010>
(4) KOHI shall use the contributions solely for the purposes prescribed in the quarterly business plans and budget execution plans. <Amended on Jan. 28, 2022>
(5) KOHI shall report the quarterly business performance records and the results of budget execution to the Minister of Health and Welfare by the 15th of the month following the end of each quarter. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jan. 28, 2022>
Article 3(Approval for borrowing of funds) #
(1) If KOHI intends to obtain approval for borrowing funds under Article 12 of the Act, it shall submit an application for approval to the Minister of Health and Welfare, specifying the following matters: <Amended on Feb. 29, 2008; Mar. 15, 2010; Jan. 28, 2022>
1. The purpose of the borrowing;
2. The amount borrowed;
3. The lender;
4. The terms of the borrowing;
5. The method and deadline for repayment of the borrowings;
6. Other matters necessary for the borrowing and repayment of funds.
(2) The cumulative amount of borrowings under paragraph (1) (including interest) shall not exceed 50/100 of KOHI’s annual budget. <Amended on Jan. 28, 2022>
(3) Borrowings referred to in paragraph (1) shall be repaid within the relevant fiscal year using revenue generated in the same fiscal year.
Article 4(Gratuitous lease of State property) #
If State property or commodities are lent or transferred to KOHI, or permitted to be used or profited from by KOHI without compensation in accordance with Article 13 of the Act, matters relating to the details, conditions, procedures, etc. thereof shall be determined by an agreement between the agency in charge of managing the relevant State property or commodities and KOHI. <Amended on Jan. 28, 2022>
Article 5(Submission of business plan and budget) #
(1) In accordance with Article 15 (1) of the Act, KOHI shall submit a business plan and budget for the following year to the Minister of Health and Welfare by December 31 each year, along with the following documents: <Amended on Jan. 31, 2008; Feb. 29, 2008; Mar. 15, 2010; Jul. 2, 2019; Jan. 28, 2022>
1. Estimated statement of financial position;
2. Estimated statement of profit or loss;
3. Funding plan.
(2) If KOHI intends to modify its business plan and budget, it shall submit the modified business plan and budget, along with the documents referred to in the subparagraphs of paragraph (1), to the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jan. 28, 2022>
[Title Amended on Jan. 31, 2008]
Article 6(Submission of settlement statement of accounts) #
Under Article 15 (2) of the Act, KOHI shall submit a statement of revenue and expenditure for each business year to the Minister of Health and Welfare by the end of February of the following year, along with the following documents: <Amended on Feb. 29, 2008; Mar. 15, 2010; Oct. 30, 2018; Jul. 2, 2019; Jan. 28, 2022>
1. Comparative table of the business plans for the relevant year and the results of its execution;
2. Statement of financial position and a statement of profit or loss for the relevant year;
3. Written opinion of an auditor as defined in subparagraph 7 of Article 2 of the Act on External Audit of Stock Companies and a certified public accountant;
4. Written opinion of KOHI’s auditor;
5. Any other supporting documentation verifying the details of settlement of accounts and business performance.
Article 7(Treatment of surplus) #
If a surplus arises from the settlement of accounts at the end of each business year, KOHI shall appropriate the surplus to offset any accumulated loss carried forward, and carry forward the remaining balance to the following year. <Amended on Jan. 28, 2022>
Article 8(Corrective orders) #
If the Minister of Health and Welfare intends to order necessary measures, such as a request for correction under Article 16 (4) of the Act, he or she shall notify KOHI, in writing specifying the details of the violation, the corrective actions required, the deadline for correction, etc. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jan. 28, 2022>
Article 9(Secondment of employees) #
(1) If KOHI intends to request the secondment of employees from a State agency, local government, research institute, or public organization under Article 17 (1) of the Act, KOHI shall clearly state the positions and duties to be assigned to the seconded employees, and their specialty and qualification requirements. <Amended on Jan. 28, 2022>
(2) KOHI may pay allowances to seconded employees in connection with their duties, as prescribed by the articles of incorporation. <Amended on Jan. 28, 2022>
Article 9-2(Re-examination of regulation) #
The Minister of Health and Welfare shall examine the appropriateness of the criteria for imposing administrative fines under Article 10 (3) and the Appendix every 3 years, counting from January 1, 2014 (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 Added on Dec. 30, 2013]
Article 10(Procedures for imposition and collection of administrative fines) #
(1) If the Minister of Health and Welfare intends to impose an administrative fine under Article 23 (1) of the Act, he shall investigate and verify the violation and notify the person subject to the fine in writing, specifying the facts of the violation, the amount of the fine, and the deadline for payment. <Amended Feb. 29, 2008; Mar. 15, 2010>
(2) If the Minister of Health and Welfare intends to impose an administrative fine under paragraph (1), he or she shall provide the person subject to the fine with an opportunity to state his or her opinion orally or in writing (including by electronic documents), within a specified period of at least 10 days. In such cases, if he or she fails to present an opinion by the designated date, he or she shall be deemed to have no opinion. <Amended on Feb. 29, 2008; Mar. 15, 2010>
(3) When determining the amount of an administrative fine, the Minister of Health and Welfare shall take into account the motive, consequences, etc. of the relevant violation, and the criteria for imposing administrative fines shall be as specified in the Appendix. <Amended on Feb. 29, 2008; Mar. 15, 2010>
(4) Statutes or regulations governing management of national funds shall apply mutatis mutandis to the procedures for the collection of administrative fines. In such cases, the payment notice shall include the method and period for raising objections, etc.