ENFORCEMENT DECREE OF THE LONG-TERM CARE INSURANCE ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Long-Term Care Insurance Act and matters necessary for the enforcement thereof.

Article 2(Geriatric diseases) #

"Geriatric disease specified by Presidential Decree" in subparagraph 1 of Article 2 of the Long-Term Care Insurance Act (hereinafter referred to as the "Act") means a disease listed in Appendix 1.

Article 3(Master plans for long-term care) #

Matters to be included in a master plan for long-term care under Article 6(1)4 of the Act shall be as follows: <Amended on Jul. 14, 2020>

1. A scheme for improving the level of long-term care benefits;

2. A plan for providing services for preventing geriatric diseases;

3. Other matters necessary to provide long-term care benefits to senior citizens, etc.

Article 3-2(Scope of foreigners) #

"Foreigner specified by Presidential Decree, such as a foreign worker defined in the Act on the Employment of Foreign Workers" in Article 7(4) of the Act means the following persons: <Amended on Aug. 31, 2012>

1. A foreign worker as defined in the Act on the Employment of Foreign Workers and insured as the employee insured pursuant to Article 109(2) of the National Health Insurance Act;

2. A foreigner taking a training course provided by a designated industrial entity with entitlement to sojourn for industrial training activities pursuant to Article 10 of the Immigration Act and insured as the employee insured pursuant to Article 109(2) of the National Health Insurance Act.

[This Article Added on Jul. 7, 2009]

Article 4(Long-term care insurance contribution rate) #

The long-term care insurance contribution rate under Article 9(1) of the Act shall be 9,448/1000000. <Amended on Dec. 31, 2008; Dec. 30, 2009; Dec. 26, 2017; Dec. 24, 2018; Dec. 31, 2019; Dec. 29, 2020; Dec. 21, 2021; Dec. 20, 2022; Dec. 19, 2023; Dec. 30, 2025>

[This Article Added on Jun. 11, 2008]

[Previous Article 4 moved to Article 6 <Jun. 11, 2008>]

Article 5(Reduction of long-term care insurance contribution rate for persons with disabilities) #

(1) "Person specified by Presidential Decree" in Article 10 of the Act means any of the following persons: <Amended on Mar. 15, 2010; Jun. 11, 2019>

1. A person with a severe disability from among the persons with disabilities registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities;

2. A person who suffers from a rare, incurable disease determined and publicly notified by the Minister of Health and Welfare.

(2) If a person with disabilities, etc. is the insured of long-term care insurance or one of dependents of the insured of long-term care insurance, but has not been determined as a beneficiary, the National Health Insurance Service under the National Health Insurance Act (hereinafter referred to as the "NHIS") shall verify whether the person falls under any subparagraph of paragraph (1) and shall reduce his or her long-term care insurance contributions by 30/100 pursuant to Article 10 of the Act. If it is impractical for the NHIS to verify such eligibility, the NHIS shall reduce the contributions upon receipt of an application from the relevant insured of long-term care insurance or a dependent of the relevant insured for reducing the contributions.

(3) Specific methods, etc. of reducing long-term care contributions pursuant to paragraph (2) shall be determined and publicly notified by the Minister of Health and Welfare. <Amended on Mar. 15, 2010>

[This Article Added on Jun. 11, 2008]

[Previous Article 5 moved to Article 7 <Jun. 11, 2008>]

Article 6(Persons exempt from submitting medical doctor’s referral) #

Persons who file an application for approval for long-term care under Article 13(2) of the Act, but are exempt from submitting a medical doctor’s referral are as follows: <Amended on Feb. 29, 2008; Jun. 11, 2008; Mar. 15, 2010>

1. A person determined by an employee of the NHIS, as a result of an investigation conducted pursuant to Article 14(1) of the Act according to the guidelines prescribed by Decree of the Ministry of Health and Welfare, as a person whose mental or physical condition or mobility is severely impaired;

2. A person who resides on an island or a remote area determined and publicly notified by the Minister of Health and Welfare.

[Moved from Article 4; previous Article 6 moved to Article 8 <Jun. 11, 2008>]

Article 7(Standards for assessment) #

(1) The standards for Assessment referred to in Article 15(2) of the Act shall be as follows: <Amended on Jun. 21, 2012; May 31, 2013; Jun. 25, 2014; Dec. 26, 2017>

1. Long-term care Rating-I: A person who needs another person's help entirely for his or her daily life due to any mental or physical disorder and scores at least 95 points for approval for long-term care;

2. Long-term care Rating-II: A person who needs another person's help substantially for his or her daily life due to any mental or physical disorder and scores at least 75, but less than 95 points for approval for long-term care;

3. Long-term care Rating-III: A person who needs another person's help partially for his or her daily life due to any mental or physical disorder and scores at least 60, but less than 75 points for approval for long-term care;

4. Long-term care Rating-IV: A person who needs another person's help for his or her daily life to a certain extent due to any mental or physical disorder, and scores at least 51, but less than 60 points for approval for long-term care;

5. Long-term care Rating-V: A dementia patient (limited to dementia falling under the category of geriatric disease under Article 2) with score at least 45, but less than 51 points for approval for long-term care;

6. Long-term care cognitive assistant Rating: A dementia patient (limited to dementia falling under the category of geriatric disease under Article 2) with score less than 45 points for approval for long-term care.

(2) Points for approval for long-term care under paragraph (1) shall be determined by measuring the level of reduced mental or physical functions determined and publicly notified by the Minister of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010>

[Moved from Article 5; previous Article 7 moved to Article 9 <Jun. 11, 2008>]

Article 8(Effective period of approval for long-term care) #

(1) The effective period of approval for long-term care granted under Article 19(1) of the Act shall be 2 years; provided, where approval for long-term care is renewed under Article 20 of the Act, the effective period of the renewed approval for long-term care shall be as follows: <Amended on May 31, 2013; Jun. 25, 2014; Nov. 8, 2016; Dec. 26, 2017; Jul. 14, 2020; Jul. 1, 2025>

1. In cases of long-term care Rating I: Five years;

2. In cases of long-term care Rating II through IV: Four years;

3. In cases of long-term care Rating V and cognitive assistant Rating: Two years.

(2) Notwithstanding paragraph (1), the assessment committee for long-term care under Article 52 of the Act (hereinafter referred to as "assessment committee") may extend or reduce the effective period of approval for long-term care by not more than six months, considering each applicant's mental and physical conditions, etc. <Amended on Nov. 8, 2016; Jul. 14, 2020>

[Moved from Article 6; previous Article 8 moved to Article 10 <Jun. 11, 2008>]

Article 9(Other benefits for home care service) #

Other benefits for home care service referred to in Article 23(1)1f of the Act means devices determined and publicly notified by the Minister of Health and Welfare and provided or rented as those necessary for assisting beneficiaries in their daily lives or physical activities and for maintaining and improving their cognitive functions. <Amended on Feb. 29, 2008; Mar. 15, 2010; Nov. 8, 2016>

[Moved from Article 7; previous Article 9 moved to Article 11 <Jun. 11, 2008>]

Article 10(Types of, and standards for, long-term care institutions) #

The types of, and the standards for, long-term care institutions eligible for providing long-term care benefits pursuant to Article 23(1)1 and 2 of the Act shall be as classified in the following: <Amended on Jun. 11, 2019>

1. A long-term care institution eligible for providing benefits for home care service: A long-term care institution designated under Article 31 of the Act, which is a commuting-system welfare facility for the senior citizens at home defined in Article 38 of the Welfare of Senior Citizens Act;

2. A long-term care institution eligible for providing institutional care benefits:

a. A long-term care institution designated under Article 31 of the Act as a sanatorium for senior citizens defined in Article 34(1)1 of the Welfare of Senior Citizens Act;

b. A long-term care institution designated under Article 31 of the Act as a medical treatment and communal living home for senior citizens defined in Article 34(1)2 of the Welfare of Senior Citizens Act.

[Moved from Article 8; previous Article 10 moved to Article 14 <Jun. 11, 2008>]

Article 11(Scope of long-term care workers for each type of long-term care benefit) #

(1) The scope of long-term care workers for each type of long-term care benefit defined in Article 23 (2) of the Act shall be as follows: <Amended on Feb. 29, 2008; Jun. 11, 2008; Dec. 30, 2009; Mar. 15, 2010; Dec. 30, 2015; May 29, 2018; Aug. 8, 2023; Jun. 20, 2025>

1. To become a long-term care worker who provides home visit care services defined in Article 23(1)1a of the Act, a person shall be any of the following persons:

a. A caregiver under Article 39-2 of the Welfare of Senior Citizens Act (hereinafter referred to as "caregiver");

b. A social worker under Article 11 of the Social Welfare Services Act;

2. To become a long-term care worker who provides home visit bathing services under Article 23(1)1b of the Act, a person shall be a caregiver;

3. To become a long-term care worker who provides home visit nursing services defined in Article 23(1)1c of the Act, a person shall be:

a. A nurse as defined in subparagraph 1 of Article 2 of the Nursing Act who has at least 2 years of nursing experience;

b. An assistant nurse as defined in subparagraph 3 of Article 2 of the Nursing Act who has at least 3 years of assistant nursing experience and has completed the prescribed education in an educational institution designated by the Minister of Health and Welfare;

c. A dental hygienist as defined in Article 2 of the Medical Service Technologists Act (limited to the provision of dental hygiene services are);

4. To become a long-term care worker who provides day and night care service defined in Article 23(1)1d of the Act, short-term respite care services defined in Article 23(1)1e of the Act, and institutional care benefits defined in Article 23(1)2 of the Act, a person shall be any of the following persons:

a. A caregiver;

b. A social worker under Article 11 of the Social Welfare Services Act;

c. A nurse as defined in subparagraph 1 of Article 2 of the Nursing Act;

d. An assistant nurse as defined in subparagraph 3 of Article 2 of the Nursing Act;

e. A physical therapist as defined in Article 2(2)3 of the Medical Service Technologists Act;

f. An occupational therapist as defined in Article 2(2)4 of the Medical Service Technologists Act.

Article 11-2(Continuing education of caregivers among long-term care workers) #

(1) The NHIS shall provide continuing education necessary for improving the quality of caregivers among long-term care workers under Article 23(2) of the Act.

(2) The details of continuing Education under paragraph (1) shall be as follows:

1. Persons subject to continuing education: Caregivers employed by and working at long-term care institutions;

2. Number of continuing education hours: At least eight hours every two years;

3. Methods of continuing education: Face-to-face programs or online programs using information and communications networks;

4. Continuing education curricula shall include the following:

a. Matters regarding professional ethics and basic qualities;

b. Matters regarding basic knowledge related to caregiving;

c. Matters regarding basic caregiving and livelihood support;

d. Matters regarding caregiving for each special circumstance;

e. Other matters that the Minister of Health and Welfare deems necessary for strengthening the capabilities and advancing the careers of caregivers.

(3) Except as provided in paragraphs (1) and (2), persons eligible for exemption from continuing education, educational expenses, and other matters necessary for providing continuing education shall be prescribed by Decree of the Ministry of Health and Welfare.

[This Article Added on Aug. 8, 2023]

Article 12(Guidelines for reimbursement for family care benefit in cash) #

(1) The amount of family care benefit in cash pursuant to Article 24(1) of the Act shall be determined and publicly notified by the Minister of Health and Welfare, after deliberation by the Long-Term Care Committee under Article 45 of the Act, taking into consideration the level of use of benefit for home care service. <Amended on Mar. 15, 2010>

(2) "Grounds specified by Presidential Decree, such as physical or mental condition or personality" in Article 24(1)3 of the Act means any of the following cases: <Amended on Dec. 29, 2010>

1. Where a patient infected with a disease defined in the Infectious Disease Control and Prevention Act is likely to infect other persons;

2. Where a person with disabilities registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities is a person with mental disorder specified in Appendix 1 of the Enforcement Decree of the aforesaid Act;

3. Where a person avoids contact with people due to physical disfigurement or any other reason.

[This Article Added on Jun. 11, 2008]

[Previous Article 12 moved to Article 16 <Jun. 11, 2008>]

Article 13(Provision of long-term care benefits) #

(1) "If a beneficiary has no family member who can take care of him or her or if any reason specified by Presidential Decree exists" in Article 27(2) of the Act means any of the following cases:

1. When no family member lives with a beneficiary;

2. When no family member lives with a beneficiary other than a minor or a senior citizen of at least 65 years of age.

(2) The scope of long-term care benefits that may be provided pursuant to Article 27(2) of the Act shall be limited to home care or institutional care benefits. <Amended on Jun. 11, 2019>

(3) A beneficiary who intends to receive long-term care benefits from the date on which he or she files an application for approval for long-term care on a ground specified in paragraph (1) shall file an application with the NHIS, along with evidentiary documents, and the NHIS shall verify the application and notify the applicant of its determination thereof without delay.

(4) A long-term care institution shall prepare a plan for providing long-term care benefits under Article 27(4) of the Act before it starts providing the long-term care benefits. <Amended on Jun. 11, 2019>

(5) If there is any change in a beneficiary’s mental or physical functioning, needs, or rating for long term care while a long-term care institution provides the beneficiary with long-term care benefits, the long-term care institution shall without delay prepare a new plan for providing long-term care benefits incorporating such change and shall notify the NHIS of the details of the plan with the consent of the beneficiary. <Added on Jun. 11, 2019>

(6) Details about the procedures for applying for long-term care benefits under paragraph (3) and for preparing plans for providing long-term care benefits under paragraph (4) shall be prescribed by Decree of the Ministry of Health and Welfare. <Added on Jun. 11, 2019>

[This Article Added on Jun. 11, 2008]

[Title Amended on Jun. 11, 2019]

[Previous Article 13 moved to Article 17 <Jun. 11, 2008>]

Article 13-2(Methods of applying for account for receipt of care allowance for special cases) #

(1) A person who intends to receive a care allowance for special cases wired to a bank account designated under the name of a beneficiary (hereinafter referred to as "account for receipt of care allowances for special cases") pursuant to the main clause of Article 27-2(1) of the Act shall submit the NHIS an application for direct deposit into an account for receipt of care allowances for special cases prescribed by Decree of the Ministry of Health and Welfare, along with a copy of a bankbook (referring to a sheet of paper on which an account number is written). The same shall also apply to changing the account for receipt of care allowances for special cases.

(2) Care allowances for special cases may be paid directly in cash under the proviso of Article 27-2(1) of the Act, in any of the following cases:

1. Where a financial institution at which an account for receipt of care allowances for special cases was opened is permanently closed, its business is suspended, or it is unable to provide its normal services due to communication failure, etc.;

2. Where a beneficiary resides in an area where a financial institution is not readily available;

3. Where it is impracticable to transfer care allowances for special cases into an account for receipt of care allowances for special cases due to unavoidable reasons equivalent to those prescribed in subparagraph 1 or 2.

[This Article Added on May 29, 2017]

Article 14(Long-term care institutions eligible for designation) #

"Establishment prescribed by Presidential Decree" in Article 31(2) of the Act means medical and welfare institutions for senior citizens under Article 34 of the Welfare of Senior Citizens Act and commuting-system welfare facilities for senior citizens at home under Article 38 of that Act.

[This Article Wholly Amended on Sep. 29, 2020]

Article 14-2(Measures to ensure safety of video information) #

(1) A person who operates a long-term care institution shall take the following measures to ensure the safety of video information pursuant to Article 33-3(3) of the Act:

1. Measures to keep access records and to prevent forgery or falsification thereof, in order to respond to any infringement on video information;

2. Measures to control access to video information and to restrict rights to access thereto;

3. Measures to formulate and implement internal management plans for safely processing video information;

4. Physical measures, such as creating storage facilities for safe keeping of video information and installing locking devices.

(2) The detailed measures necessary to ensure the safety of video information referred to in paragraph (1) shall be determined and publicly notified by the Minister of Health and Welfare.

[This Article Added on Apr. 18, 2023]

[Previous Article 14-2 moved to Article 14-3 <Apr. 18, 2023>]

Article 14-3(Long-term care institutions subject to human rights education) #

"Institution prescribed by Presidential Decree" in Article 35-3(1) and (2) of the Act means a long-term care institution under subparagraphs 1 and 2 of Article 10. <Amended on Jun. 11, 2019>

[This Article Added on Sep. 11, 2018]

[Moved from Article 14-2; previous Article 14-3 moved to Article 14-4 <Apr. 18, 2023>]

Article 14-4(Protection of long-term care workers) #

(1) If a long-term care worker requests a remedy to resolve a grievance on any of the grounds provided in any subparagraph of Article 35-4(1) of the Act, the head of the relevant long-term care institution shall take proper measures, such as changing the long-term care worker's duties. In such cases, the head of the long-term care institution shall counsel the relevant beneficiary or his or her family member. <Amended on Jul. 2, 2024>

(2) If a long-term care worker intends to file an application for correction pursuant to Article 35-4(4) of the Act, a written application for correction of the long-term care worker's unresolved grievance containing the following matters, as prescribed by Decree of the Ministry of Health and Welfare, shall be submitted to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) that has designated the relevant long-term care institution: <Added on Jul. 2, 2024>

1. The name and address of the long-term care worker;

2. The name of the head of the long-term care institution and the address of such institution;

3. The purpose of application for correction;

4. Specific details of the grievance;

5. Date of request for resolution of the grievance.

(3) Upon receiving an application for correction under paragraph (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, without delay, designate a person in charge of conducting an investigation to ascertain the alleged grievance of the long-term care worker from among public officials under his or her jurisdiction. <Added on Jul. 2, 2024>

(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall complete an investigation to ascertain facts within 14 days after designating a person in charge pursuant to paragraph (3), and notify the head of the relevant long-term care institution of the results and measures to be taken; provided, if it is impracticable to complete the investigation within the deadline, the period of the investigation may be extended as prescribed by Decree of the Ministry of Health and Welfare. <Added on Jul. 2, 2024>

[This Article Added on Jun. 11, 2019]

[Moved from Article 14-3 <Apr. 18, 2023>]

Article 15(Criteria for imposition of penalty surcharges) #

Kinds of offenses on which penalty surcharges are to be imposed pursuant to Article 37-2(1) and (2) of the Act and the amounts of penalty surcharges according to the severity of offenses, etc. shall be as specified in Appendix 2.

[This Article Wholly Amended on Feb. 11, 2014]

Article 15-2(Imposition and payment of penalty surcharges) #

(1) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 37-2 of the Act, he or she shall give notice in writing to a person liable to pay such surcharge, specifying the type of the relevant offense, the amount of the penalty surcharge, etc. <Amended on Sep. 29, 2020; Jul. 2, 2024>

(2) A person upon receipt of notice given under paragraph (1) shall pay a penalty surcharge to a collecting agency designated by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within 20 days from receipt of the notice. <Amended on Dec. 19, 2023>

(3) A collecting agency which receives a penalty surcharge pursuant to paragraph (2) shall issue a receipt to a payer of such penalty surcharge and notify without delay a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the receipt of the penalty surcharge.

[This Article Added on Feb. 11, 2014]

Article 15-3(Information to be published) #

"Information specified by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 37-3(1) of the Act and in the main clause of paragraph (2) of that Article means the following information: <Amended on Jun 11, 2019; Sep. 29, 2020>

1. Types of long-term care institutions and long-term care benefits;

2. Date of, or the date of renewal of, designation of a long-term care institution;

3. The name of the head of the facility designated as a long-term care institution (limited to where the head of the relevant facility is not the same person as the head of the long-term care institution);

4. Deleted. <Sep. 29, 2020>

[This Article Added on Feb. 11, 2014]

Article 15-4(Determination on, procedures for, and methods of publication) #

(1) Where the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to make publication under Article 37-3(1) or (2) of the Act, he or she shall notify in writing the long-term care institution under that paragraph (hereinafter referred to as "long-term care institution whose information is subject to publication") of the fact that it is a long-term care institution whose information is subject to publication and information to be published. In such cases, where he or she has established a committee for deliberation on publication (hereinafter referred to as "committee for deliberation on publication") under Article 37-3(3) of the Act, he or she shall give notice of the same following deliberation by the committee for deliberation on publication. <Amended on Sep. 29, 2020>

(2) The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to make publication under Article 37-3(1) or (2) in accordance with the following classifications after holding hearings pursuant to subparagraph 3 of Article 63 of the Act on the head of a long-term care institution whose information is subject to publication who has received notice pursuant to paragraph (1): <Amended on Sep. 29, 2020>

1. Where the head of a long-term care institution whose information is subject to publication attends a hearing: The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to make publication in consideration of the result of the hearing; provided, when he or she has undergone deliberation by the committee for deliberation on publication pursuant to the latter part of paragraph (1), the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to make publication following re-deliberation by the committee for deliberation on publication on the result of the hearing;

2. Where the head of a long-term care institution whose information is subject to publication fails to attend a hearing: The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine that he or she will make publication as he or she has notified pursuant to paragraph (1).

(3) Where the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu publish a violation, etc. pursuant to Article 37-3(1) or (2) of the Act, he or she shall publish it on the website of the Minister of Health and Welfare, a relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (referring to the relevant autonomous Gu; hereinafter the same shall apply) and may make an additional publication on the information disclosure system under Article 6 of the Official Information Disclosure Act or on the website of the NHIS. <Amended on Sep. 29, 2020>

Article 15-5(Organization and operation of committee for deliberation on publication) #

(1) A committee for deliberation on publication shall be comprised of five members, including one chairperson.

(2) The members of the committee for deliberation on publication shall be appointed or commissioned by the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu from among the following persons, taking their genders into consideration. In such cases, one person each who falls under subparagraphs 4 and 5 shall be appointed or commissioned: <Amended on Sep. 29, 2020>

1. A person qualified as an attorney-at-law;

2. A person who has majored in fields related to welfare of senior citizens or law, and has served or currently serves as an associate professor or a senior researcher or higher at a school under Article 2 of the Higher Education Act or at a government-funded research institute under Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

3. A person who has at least two years' experience in affairs related to the welfare of senior citizens or long-term care;

4. A member in general service of the Senior Executive Service of the Ministry of Health and Welfare, or a public official of Grade IV or higher under the jurisdiction of a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun/Gu;

5. A person recommended by the President of the NHIS from among its employees.

(3) The chairperson shall be elected by a committee for deliberation on publication from among the members referred to in the subparagraphs of paragraph (2).

(4) The terms of office of members who are not members under paragraph (2)4 and 5 shall be two years.

(5) The chairperson shall represent the committee for deliberation on publication and preside over the affairs thereof.

(6) Where the chairperson of a committee for deliberation on publication is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the chairperson shall act on his or her behalf.

(7) A committee for deliberation on publication shall hold meetings with a majority of all incumbent members present, and pass resolutions with the consent of those present.

(8) Except as matters provided in paragraphs (1) through (7), matters necessary for the organization, operation, etc., the committee for deliberation on publication shall be determined by the chairperson of the committee after deliberation thereby. <Amended on Sep. 29, 2020>

Article 15-6(Exclusion of, challenge to, or recusal of, members of committee for deliberation on publication) #

(1) In any of the following cases, a member of the committee for deliberation on publication shall be excluded from proceedings of deliberation and resolution on the relevant case on the agenda:

1. If the committee member or the person who is or was the spouse of the committee member is a party to the case on the agenda (including executive officers of the party, if the party is a corporation or organization; hereinafter the same shall apply) or a joint right-holder or joint obligor with a party to the case on the agenda;

2. Where the member is or was a relative of a party to the relevant agenda;

3. Where the member has testified, made a statement, provided advice or services, or conducted research or an appraisal in relation to the relevant agenda item;

4. Where the member or a corporation to which the member belongs is or was an agent of a party to the relevant agenda item.

(2) If a party to the case has a ground to exclude a committee member under any subparagraph of paragraph (1) or has reason to believe that the party can hardly expect impartiality from the committee member in deliberation and resolution, the party may file a motion for challenge to the committee member with the committee for deliberation on publication, and the committee for deliberation on publication shall make a decision thereon by resolution. In such cases, the committee member to whom the motion for challenge is filed shall not participate in the resolution proceeding.

(3) If the status of a committee member falls within any of the grounds for exclusion under paragraph (1), he or she shall voluntarily recuse himself or herself from deliberation and resolution on the relevant agenda item.

[This Article Added on Nov. 8, 2016]

Article 15-7(Removal or dismissal of members of committee for deliberation on publication) #

Where a member of the committee for deliberation on publication falls under any of the following cases, the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may dismiss or decommission the relevant member: <Amended on Sep. 29, 2020; Dec. 3, 2024>

1. If the member is unable to perform his or her duties for a long period of time due to a mental or physical weakness, etc.;

2. If the member has engaged in misconduct in relation to his or her duties;

3. If he or she is deemed unsuitable as a member due to delinquency of duties, injury to dignity, or any other reason;

4. If the member does not voluntarily refrain from participating in proceedings, despite falling under any subparagraph of Article 15-6(1);

5. The member voluntarily indicates that it is impracticable to perform his or her duties.

[This Article Added on Nov. 8, 2016]

Article 15-8(Beneficiary's co-payments) #

A beneficiary of long-term care benefits shall make payment of the following expenses under Article 40(1) of the Act:

1. Benefits for home care services: 15/100 of expenses for relevant long-term care benefits;

2. Institutional care benefits: 20/100 of expenses for relevant long-term care benefits.

[This Article Added on Jun. 21, 2022]

Article 16(Matters subject to deliberation by Long-Term Care Committee) #

"Essential matters specified by Presidential Decree" in subparagraph 4 of Article 45 of the Act are as follows: <Amended on Feb. 29, 2008; Mar. 15, 2010; Nov. 18, 2016>

1. Guidelines for fees for issuing a medical doctor’s referral;

2. Guidelines for fees for issuing a written instruction for home visit nursing;

3. Determination of the monthly maximum amount under Article 28 of the Act;

4. Other matters submitted to the Committee by the Minister of Health and Welfare for deliberation with respect to long-term care benefits.

[Moved from Article 12; previous Article 16 moved to Article 20 <Jun. 11, 2008>]

Article 17(Public officials appointed to committee members) #

"Public officials, each of whom belongs to an appropriate central administrative agency specified by Presidential Decree and is a member of the Senior Executive Service" in Article 46(2)3 of the Act means persons appointed by the head of the agency to which each of them belongs, from among public officials of the Ministry of Finance and Economy or the Ministry of Health and Welfare and who are members of the Senior Executive Service. <Amended on Feb. 29, 2008; Mar. 15, 2010; Dec. 30, 2025>

[Moved from Article 13; previous Article 17 moved to Article 21 <Jun. 11, 2008>]

Article 17-2(Removal or dismissal of members of Long-Term Care Committee) #

In any of the following cases, the Minister of Health and Welfare may dismiss or decommission a member of the Long-Term Care Committee under Article 45 of the Act (hereinafter referred to as the "Long-Term Care Committee") from office: <Amended on Nov. 8, 2016; Dec. 3, 2024>

1. If the member is unable to perform his or her duties for a long period of time due to a mental or physical weakness, etc.;

2. If he or she commits any wrongdoing related to his or her duties;

3. If he or she is deemed to be unsuitable for a member due to neglect of duty, injury to dignity or other reasons;

4. Where he or she expresses his or her intention for himself or herself that it is difficult for him or her to perform his or her duties;

[This Article Added on Dec. 31, 2015]

Article 18(Operation of Long-Term Care Committee) #

(1) The chairperson of the Long-Term Care Committee under Article 46 of the Act shall represent the Long-Term Care Committee and have overall control of the Committee's affairs. <Amended on Jul. 2, 2019>

(2) The Vice Chairperson shall assist the Chairperson and act on his or her behalf if the Chairperson is unable to perform his or her duties due to any unavoidable cause.

(3) Members who attend a meeting of the Long-Term Care Committee may be reimbursed for allowances, travel expenses, and other expenses incurred within budgetary limits; provided, the foregoing shall not apply where a public official member who attends a meeting in direct connection with any affair assigned to him or her.

(4) Except as provided in this Decree, matters necessary for the operation of the Long-Term Care Committee shall be determined by the chairperson, subject to resolution by the Committee.

[Moved from Article 14; previous Article 18 moved to Article 22 <Jun. 11, 2008>]

Article 18-2(Services of support centers for long-term care workers) #

(1) "Matters specified by Presidential Decree" in Article 47-2(2)4 of the Act means the following: <Amended on Jun. 11, 2019>

1. Provision of information about job opportunities for long-term care workers and counseling on jobs;

2. Programs for improving social awareness of long-term care workers;

3. Other matters determined and publicly notified by the Minister of Health and Welfare or ordinance of each local government concerning the protection of rights of long-term care workers.

(2) A support center for long-term care workers may establish an advisory committee comprised of experts in the fields of psychology, law, and grievances in order to solve long-term care workers’ grievances provided in any subparagraph of Article 35-4(1) of the Act. <Added on Jun. 11, 2019>

[This Article Added on Nov. 8, 2016]

[Title Amended on Jun. 11, 2019]

Article 19(Matters to be stipulated in articles of incorporation of the National Health Insurance Service) #

"Other matters specified by Presidential Decree" in Article 48(4)4 of the Act means the number of standing directors who are wholly responsible for long-term care programs and matters regarding the organization, personnel management, remuneration, and accounting in connection with long-term care programs. <Amended on May 31, 2013>

[Moved from Article 15; previous Article 19 moved to Article 23 <Jun. 11, 2008>]

Article 20(Meetings of assessment committee) #

(1) The chairperson of an assessment committee shall convene a meeting and preside over the meeting. <Amended on Nov. 8, 2016>

(2) An assessment committee shall have one secretary to conduct its administrative affairs, who shall be appointed by the chairperson, from among the NHIS' employees.

[Moved from Article 16; previous Article 20 moved to Article 24 <Jun. 11, 2008>]

Article 21(Subcommittees of assessment committee) #

(1) An assessment committee may establish subcommittees to conduct its affairs efficiently.

(2) A subcommittee shall deliberate on and manage matters delegated by the assessment committee.

(3) Matters necessary for the composition and operation of subcommittees shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010>

[Moved from Article 17; previous Article 21 moved to Article 25 <Jun. 11, 2008>]

Article 21-2(Exclusion of, challenge to, or recusal of, members of assessment committee) #

(1) In any of the following cases, a member of an assessment committee shall be excluded from proceedings of deliberation and resolution on a case on the agenda:

1. If the committee member or the person who is or was the spouse of the committee member is a party to the case on the agenda or a joint right-holder or joint obligor with a party to the case on the agenda;

2. Where the member is or was a relative of a party to the relevant agenda;

3. Where the member has testified, made a statement, provided advice or services, or conducted research or an appraisal in relation to the relevant agenda item;

4. Where the member or a corporation to which the member belongs is or was an agent of a party to the relevant agenda item.

(2) If a party has a ground to exclude a committee member under any subparagraph of paragraph (1) or has reason to believe that the party can hardly expect impartiality from the committee member in deliberation and resolution, the party may file a motion for challenge to the committee member with the assessment committee, and the committee shall make a decision thereon by resolution. In such cases, the committee member to whom the motion for challenge is filed shall not participate in the resolution proceeding.

(3) If a committee member falls under any of the exclusion cases under paragraph (1), he or she shall voluntarily recuse himself or herself from deliberation and resolution on the relevant case on the agenda.

[This Article Added on Nov. 8, 2016]

Article 21-3(Dismissal of members of assessment committee) #

(1) In any of the following cases, the President of the NHIS may dismiss a member of the assessment committee from office: <Amended on Dec. 3, 2024>

1. If the member is unable to perform his or her duties for a long period of time due to a mental or physical weakness, etc.;

2. If he or she commits any wrongdoing related to his or her duties;

3. If he or she is deemed to be unsuitable for a member due to neglect of duty, injury to dignity or other reasons;

4. If he or she does not voluntarily avoid participating in proceedings, although he or she falls under the case specified in any subparagraph of Article 21-2(1);

5. The member voluntarily indicates that it is impracticable to perform his or her duties.

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, who recommended a person as a committee member pursuant to the latter part, with the exception of the subparagraphs, of Article 52(4) of the Act may withdraw the recommendation in any of the cases referred to in paragraph (1).

[This Article Added on Nov. 8, 2016]

Article 21-4(Composition of the Long-Term Care Benefit Examination Committee) #

(1) The chairperson of the Long-Term Care Benefit Examination Committee established under Article 53-2 of the Act (hereinafter referred to as the "Benefit Examination Committee") shall be appointed by the President of the NHIS from among its standing directors in charge of long-term care programs.

(2) Members of the Benefit Examination Committee shall be appointed or commissioned by the President of the NHIS from among the following persons: <Amended on Jun. 20, 2025>

1. A person designated by the Minister of Health and Welfare from among public officials of Grade v or higher belonging to the Ministry of Health and Welfare;

2. An executive officer or employee of the NHIS, who is in charge of long-term care insurance;

3. A nurse under the Nursing Act who has at least 5 years' work experience as a nurse;

4. A social worker under the Social Welfare Services Act with at least 10 years' work experience as a social worker;

5. A person recommended by non-profit, non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;

6. Other persons who have abundant knowledge and experience in the fields of health and medical services or social welfare.

(3) The term of office of a member under paragraph (2)3 through 6 shall be 2 years; provided, the term of office of a member newly commissioned due to the decommissioning, etc. of a member shall be the remainder of his or her predecessor's term of office.

[This Article Added on Dec. 3, 2024]

Article 21-5(Dismissal or decommissioning of members of the Benefit Examination Committee) #

In any of the following cases, the President of the NHIS may dismiss or decommission a member of the Benefit Examination Committee:

1. If the member is unable to perform his or her duties for a long period of time due to a mental or physical weakness, etc.;

2. If he or she commits any wrongdoing related to his or her duties;

3. If he or she is deemed unsuitable as a member due to delinquency of duties, injury to dignity, or any other reason;

4. If he or she voluntarily indicates that it is impracticable to perform his or her duties;

[This Article Added on Dec. 3, 2024]

Article 21-6(Operation of the Benefit Examination Committee) #

(1) The chairperson of the Benefit Examination Committee shall convene and preside over meetings of the committee.

(2) A majority of the members of the Benefit Examination Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.

(3) The Benefit Examination Committee shall have 1 executive secretary to handle the administrative affairs of the committee. In such cases, the executive secretary shall be appointed by the President of the NHIS from among its employees.

(4) Except as provided in this Decree, matters necessary for the operation of the Benefit Examination Committee shall be determined by the chairperson, subject to resolution by the Benefit Examination Committee.

[This Article Added on Dec. 3, 2024]

Article 22(Period for making decision on application for examination) #

(1) Upon receipt of an application for examination under Article 55(1) of the Act, the NHIS shall make a decision thereon within 60 days from the receipt of the application for examination; provided, the period for making a decision may be extended by up to 30 days, if an unavoidable event necessitates such extension. <Amended on Jun. 11, 2019>

(2) When the NHIS extends the period for making a decision pursuant to the proviso of paragraph (1), it shall without delay notify the applicant of the reason for extension and the extended period. <Amended on Jun. 11, 2019>

[Title Amended on Jun. 11, 2019]

[Moved from Article 18; previous Article 22 moved to Article 26 <Jun. 11, 2008>]

Article 23(Composition of Long-Term Care Examination Committee) #

(1) Deleted. <Dec. 3, 2024>

(2) The chairperson of the Long-Term Care Examination Committee under Article 55 (3) of the Act (hereinafter referred to as the "Examination Committee") shall be appointed by the president of the NHIS from among its standing directors in charge of long-term care programs, and the members shall be appointed or commissioned by the President of the NHIS from among the following persons in consideration of gender equality: <Amended on Jun. 11, 2019; Dec. 3, 2024; Jun. 20, 2025>

1. A physician, dentist, or doctor of Korean medicine under the Medical Service Act, or a nurse under the Nursing Act with at least 10 years' work experience;

2. A social worker as defined in the Social Welfare Services Act with at least 10 years’ work experience;

3. An executive officer or employee of the NHIS, who is in charge of business affairs concerning long-term care insurance;

4. Other persons who have abundant knowledge and experience relating to law or long-term care.

(3) The term of office of a member of the Examination Committee shall be three years but may be renewed consecutively only once; provided, the term of office of a committee member appointed from among employees of the NHIS shall correspond to his or her period of service as an employee. <Amended on Nov. 8, 2016>

[Moved from Article 19; previous Article 23 moved to Article 27 <Jun. 11, 2008>]

Article 24(Operation of Examination Committee) #

(1) A meeting of the Examination Committee shall be comprised of seven members in total, including the chairperson and six members designated by the chairperson whenever a meeting is held, but at least one person referred to in each subparagraph of Article 23(2) shall be included therein. <Amended on Jun. 11, 2008>

(2) A meeting of the Examination Committee shall be duly formed with a majority of incumbent members present and shall adopt a resolution by affirmative votes of a majority of the members present at the meeting.

(3) The Examination Committee shall have one secretary to conduct its administrative affairs, who shall be appointed by the chairperson from among the NHIS' employees.

(4) Except as provided in this Decree, matters necessary for the operation of the Examination Committee shall be determined by the chairperson, subject to resolution by the Examination Committee.

[Moved from Article 20; previous Article 24 moved to Article 29 <Jun. 11, 2008>]

Article 24-2(Exclusion of, challenge to, or recusal of, members of Examination Committee) #

(1) In any of the following cases, a member of the Examination Committee shall be excluded from proceedings of deliberation and resolution on a case on the agenda:

1. If the committee member or the person who is or was the spouse of the committee member is a party to the case on the agenda or a joint right-holder or joint obligor with a party to the case on the agenda;

2. Where the member is or was a relative of a party to the relevant agenda;

3. Where the member has testified, made a statement, provided advice or services, or conducted research or an appraisal in relation to the relevant agenda item;

4. Where the member or a corporation to which the member belongs is or was an agent of a party to the relevant agenda item.

(2) If a party to the case on the agenda has a ground to exclude a committee member under any subparagraph of paragraph (1) or has reason to believe that the party can hardly expect impartiality from the committee member in deliberation and resolution, the party may file a motion for challenge to the committee member with the Examination Committee, and the Examination Committee shall make a decision thereon by resolution. In such cases, the committee member to whom the motion for challenge is filed shall not participate in the resolution proceeding.

(3) If a committee member falls under any of the exclusion cases under paragraph (1), he or she shall voluntarily recuse himself or herself from deliberation and resolution on the relevant case on the agenda.

[This Article Added on Nov. 8, 2016]

Article 24-3(Removal or dismissal of members of Examination Committee) #

In any of the following cases, the President of the NHIS may dismiss or decommission a member of the Examination Committee: <Amended on Jun. 11, 2019; Dec. 3, 2024>

1. If the member is unable to perform his or her duties for a long period of time due to a mental or physical weakness, etc.;

2. If he or she commits any wrongdoing related to his or her duties;

3. If he or she is deemed to be unsuitable for a member due to neglect of duty, injury to dignity or other reasons;

4. If he or she does not voluntarily avoid participating in proceedings, although he or she falls under the case specified in any subparagraph of Article 24-2(1);

5. The member voluntarily indicates that it is impracticable to perform his or her duties.

[This Article Added on Nov. 8, 2016]

[Title Amended on Jun. 11, 2019]

Article 25(Composition of long-term care reexamination committee) #

(1) The Chairperson of the long-term care reexamination committee under Article 56(1) of the Act (hereinafter referred to as the "Reexamination Committee") shall be appointed by the Minister of Health and Welfare from among public officials in the Senior Executive Service of the Ministry of Health and Welfare who are in charge of business affairs concerning long-term care insurance. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jun. 11, 2019>

(2) Members of the Reexamination Committee shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons: <Amended on Feb. 29, 2008; Mar. 15, 2010; Jun. 11, 2019>

1. A Grade IV or higher-ranking public official of the Ministry of Health and Welfare or a public official in the Senior Executive Service;

2. A person qualified as a judge, public prosecutor, or attorney-at-law;

3. A person who serves as an adjunct or higher professor in the field of social insurance or medical services in a university;

4. Other persons who have abundant knowledge and experience relating to law, social insurance, or medical services.

(3) The term of office of a member of the Reexamination Committee shall be three years but may be renewed consecutively only once; provided, the term of office of a committee member appointed from among public officials shall correspond to his or her period of service as a public official. <Amended on Nov. 8, 2016; Jun. 11, 2019>

[Title Amended on Jun. 11, 2019]

[Moved from Article 21 <Jun. 11, 2008>]

Article 25-2(Exclusion of, challenge to, or recusal of, members of Reexamination Committee) #

(1) In any of the following cases, a member of the Reexamination Committee shall be excluded from proceedings of deliberation and resolution on a case on the agenda: <Amended on Jun. 11, 2019>

1. If the committee member or the person who is or was the spouse of the committee member is a party to the case on the agenda or a joint right-holder agenda; or joint obligor with a party to the case on the agenda;

2. Where the member is or was a relative of a party to the relevant agenda;

3. Where the member has testified, made a statement, provided advice or services, or conducted research or an appraisal in relation to the relevant agenda item;

4. Where the member or a corporation to which the member belongs is or was an agent of a party to the relevant agenda item.

(2) If a party has reason to believe that the party can hardly expect impartiality from a committee member in deliberation and resolution, the party may file a motion for challenge to the committee member with the reexamination committee, and the reexamination committee shall make a decision thereon by resolution. In such cases, the committee member to whom the motion for challenge is filed shall not participate in the resolution proceeding. <Amended on Jun. 11, 2019>

(3) If a committee member falls under any of the exclusion cases under paragraph (1), he or she shall voluntarily recuse himself or herself from deliberation and resolution on the relevant case on the agenda.

[This Article Added on Nov. 8, 2016]

[Title Amended on Jun. 11, 2019]

[Previous Article 25-2 moved to Article 25-3 <Nov. 8, 2016>]

Article 25-3(Removal or dismissal of members of Reexamination Committee) #

In any of the following cases, the Minister of Health and Welfare may dismiss or decommission a member of the Reexamination Committee under any subparagraph of Article 25(2) from office: <Amended on Nov. 8, 2016; Jun. 11, 2019; Dec. 3, 2024>

1. If the member is unable to perform his or her duties for a long period of time due to a mental or physical weakness, etc.;

2. If he or she commits any wrongdoing related to his or her duties;

3. If he or she is deemed to be unsuitable for a member due to neglect of duty, injury to dignity or other reasons;

4. If he or she does not voluntarily avoid participating in proceedings, although he or she falls under the case specified in any subparagraph of Article 25-2(1);

5. The member voluntarily indicates that it is impracticable to perform his or her duties.

[This Article Added on Dec. 31, 2015]

[Title Amended on Jun. 11, 2019]

[Moved from Article 25-2 <Nov. 8, 2016>]

Article 26(Meetings of Reexamination Committee) #

(1) The Chairperson of the Reexamination Committee shall convene and preside over meetings of the Committee. <Amended on Jun. 11, 2019>

(2) If the Chairperson is unable to perform his or her duties due to any unavoidable cause, the member appointed by the Chairperson shall act on his or her behalf.

(3) A meeting of the Reexamination Committee shall be duly formed with a majority of incumbent members present and shall adopt a resolution by affirmative votes of a majority of the members present at the meeting. <Amended on Jun. 11, 2019>

(4) The Reexamination Committee shall have one administrative secretary to conduct its administrative affairs, who shall be appointed by the Chairperson from among public officials of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Jun. 11, 2019>

(5) Except as provided in this Decree, matters necessary for the operation of the Reexamination Committee shall be determined by the chairperson, subject to resolution by the Reexamination Committee. <Amended on Jun. 11, 2019>

[Title Amended on Jun. 11, 2019]

[Moved from Article 22 <Jun. 11, 2008>]

Article 27(Period for making decision on application for reexamination) #

(1) Upon receipt of an application for reexamination filed pursuant to Article 56(1) of the Act, the Reexamination Committee shall make a decision thereon within 60 days of receipt of the application for reexamination; provided, the period for making a decision may be extended by up to 30 days, if an unavoidable event necessitates such extension. <Amended on Jun. 11, 2019>

(2) When the Reexamination Committee extends the period for making a decision pursuant to the proviso of paragraph (1), it shall, without delay, notify the applicant of the reason for extension and the extended period. <Amended on Jun. 11, 2019>

[Title Amended on Jun. 11, 2019]

[Moved from Article 23 <Jun. 11, 2008>]

Article 28(Subsidy by the State and local governments) #

(1) Expenses incurred in relation to medical aid beneficiaries under Article 58(2) of the Act shall be borne by the State and local governments in accordance with the following guidelines: <Amended on Jan. 26, 2010; Oct. 26, 2011; Dec. 30, 2015>

1. Deleted; <Dec. 30, 2015>

1-2. Expenses incurred in relation to the recipients of medical benefits under Article 3(1)1 of the Medical Care Assistance Act: Such expenses shall be borne by each local government;

2. Expenses incurred in relation to recipients of medical benefits under any provision other than Article 3(1)1 of the Medical Care Assistance Act: Such expenses shall be borne as follows:

a. Apportionment to the State: An amount calculated at the standard subsidization rate specified in Appendix 1 of the Enforcement Decree of the Subsidy Management Act for beneficiaries entitled to basic living security;

b. Apportionment to a local government: The remainder of expenses after deducting the apportionment to the State.

(2) 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 shall pay an estimated amount of expenses incurred in relation to benefits prescribed by the Minister of Health and Welfare to the NHIS to cover expenses under paragraph (1). <Amended on Dec. 30, 2009; Mar. 15, 2010; Feb. 11, 2014>

(3) Procedures for and methods of paying an estimated amount of expenses for benefits under paragraph (2) shall be determined and publicly notified by the Minister of Health and Welfare. <Amended on Mar. 15, 2010>

[This Article Added on Jun. 11, 2008]

Article 28-2(Procedures and methods of administrative assistance) #

(1) Where the Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to request administrative assistance from the NHIS pursuant to Article 61(3) of the Act, he or she shall formulate a plan relating to the details of affairs requiring administrative assistance, staffing, operation, etc. and notify the NHIS of the same.

(2) Matters relating to bearing of expenses required for administrative assistance under paragraph (1) shall be determined by mutual agreement between the Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu and the NHIS.

[This Article Added on Sep. 29, 2020]

[Previous Article 28-2 moved to Article 28-3 <Sep. 29, 2020>]

Article 28-3(Management of sensitive information and personally identifiable information) #

The State (including a person to whom the Minister of Health and Welfare delegates or entrusts his or her authority pursuant to Article 111 of the National Health Insurance Act, applied mutatis mutandis under Article 64 of the Act), the head of a local government (including a person to whom the relevant authority is delegated or entrusted), or the NHIS (including a person to whom the NHIS' affairs are entrusted pursuant to Article 112 of the National Health Insurance Act, applied mutatis mutandis pursuant to Article 64 of the Act) may manage health-related information under Article 23 of the Personal Information Protection Act, data that constitute criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, or data containing a resident registration number or alien registration number under Article 19 of that Decree, if unavoidable to conduct the following administrative affairs; provided, in the case of business affairs referred to in subparagraph 15, information on health and information that constitutes criminal history records shall be excluded: : <Amended on Aug. 31, 2012; Nov. 18, 2016; Mar. 27, 2017; Jun. 11, 2019; Aug. 8, 2023>

1. Services for prevention of geriatric diseases under Article 4 of the Act;

1-2. Applying for approval for long-term care under Articles 13 and 20 through 22 of the Act;

1-3. Providing long-term care benefits under Articles 23 and 27 of the Act;

1-4. Paying family care benefits under Article 24 of the Act;

2. Designating long-term care institutions under Article 31 of the Act;

3. Renewing the designation of long-term care institutions under Article 32-4 of the Act;

4. Reporting any change in a long-term care institution under Article 33 of the Act;

4-2. Issuing a statement of expenses for long-term care benefits by the head of a long-term care institution under Article 35(3) of the Act;

5. Reporting closure or suspension of a long-term care institution under Article 36 of the Act;

6. Administrative dispositions, such as cancellation of designation of a long-term care institution under Article 37 of the Act;

6-2. Imposing, etc. penalty surcharges under Article 37-2 of the Act;

6-3. Publication of violations, etc. under Article 37-3 of the Act;

Article 28-4(Re-examination of regulation) #

The Minister of Health and Welfare shall examine the appropriateness of the effective period of approval for long-term care under Article 8 every three 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]

[Moved from Article 28-3 <Sep. 29, 2020>]

Article 29(Criteria for imposing administrative fines) #

Criteria for imposing administrative fines under Article 69 of the Act shall be as specified in Appendix 3.

[This Article Wholly Amended on Dec. 31, 2008]