Article 1(Purpose) #
The purpose of this Act is to promote the development of dental medicine and contribute to the improvement of public dental health through education and research in dental medicine and dental examinations and treatment by establishing national university-affiliated dental hospitals.
Article 2(Corporation) #
A national university-affiliated dental hospital (excluding the Seoul National University Dental Hospital; hereinafter referred to as "dental hospital") shall be a corporate entity. <Amended on Mar. 23, 2021>
Article 3(Incorporation) #
(1) A dental hospital shall be incorporated in a national university (hereinafter referred to as "related university") which has the department of dentistry.
(2) A dental hospital shall come into existence upon registration for its incorporation at the principal place of business.
(3) A dental hospital may, if necessary, have a branch hospital, as prescribed by the articles of association.
(4) Matters necessary for the substructure of a dental hospital, registration for incorporation under paragraph (2) and other registrations shall be prescribed by Presidential Decree.
Article 4(Articles of association) #
(1) The articles of association of a dental hospital shall include the following matters:
1. Purposes;
2. Name;
3. Principal place of business;
4. Matters concerning its activities;
5. Matters concerning education and research in dental medicine;
6. Matters concerning board of directors;
7. Matters concerning executive officers and employees;
8. Matters concerning organization;
9. Matters concerning assets and accounting;
10. Matters concerning amendment of the articles of association;
11. Matters concerning public notices;
12. Matters concerning dissolution.
(2) Where a dental hospital intends to amend its articles of association, it shall obtain approval from the Minister of Education. <Amended on Jul. 21, 2011; Mar. 23, 2013>
Article 5(Name of dental hospital) #
A dental hospital's name shall be "dental hospital" added to the name of the related university.
Article 6(Prohibition of use of similar name) #
No person, other than a dental hospital under this Act, shall use the name of a dental hospital under Article 5 or names similar thereto.
Article 7(Activities) #
A dental hospital shall conduct the following activities: <Amended on Jan. 7, 2014>
1. Clinical education of students in the department of dentistry of a national university;
2. Practice of residents and training of medical care personnel;
3. Research related to dental medicine;
4. Clinical studies;
5. Dental examinations and treatment services;
6. Public health and medical service programs prescribed in subparagraph 2 of Article 2 of the Public Health and Medical Services Act;
7. Other activities necessary for the improvement of public dental health.
Article 8(Obligations of public health and medical institutions) #
(1) A dental hospital shall faithfully perform the obligations of the public health and medical institutions prescribed in Article 7 of the Public Health and Medical Services Act.
(2) A dental hospital shall endeavor to improve public health by providing high quality public health and medical services to the public.
[This Article Added on Jan. 7, 2014]
[Previous Article 8 moved to Article 9 <Jan. 7, 2014>]
Article 9(Executive officers) #
(1) A dental hospital shall have 11 directors including the chairperson of the board of directors, and one auditor. <Amended on Jan. 7, 2014>
(2) The president of the related university shall serve as the chairperson of the board of directors, and the directors shall be comprised of the president of the relevant dental hospital (hereinafter referred to as "president"), the dean of the dental college (including the dean of a graduate school of dental medicine) of the related university, the president of the related university-affiliated hospital, one person each nominated by the Minister of Strategy and Finance, the Minister of Education, and the Minister of Health and Welfare from among Grade III public officials of the relevant ministry or public officials in general service belonging to the Senior Civil Service, the Vice Mayor or Vice Governor of the Special Metropolitan City, a Metropolitan City, a Do or a Special Self-Governing Province having jurisdiction over the location of the relevant dental hospital (hereinafter referred to as "ex officio directors"), and persons appointed by the Minister of Education at the recommendation of the board of directors, and the directors other than the ex officio directors shall include at least one external person with abundant knowledge and experience in hospital management and who meets the requirements prescribed by Presidential Decree. <Amended on Jul. 21, 2011; Mar. 23, 2013; Jan. 7, 2014; Mar. 23, 2021>
(3) The auditor shall be appointed by the Minister of Education at the recommendation of the board of directors. <Amended on Jul. 21, 2011; Mar. 23, 2013>
(4) A person that falls under the subparagraphs of Article 33 of the State Public Officials Act shall neither be a director, other than ex officio directors, nor the auditor nor the president. <Amended on Mar. 23, 2021>
(5) Where a director, other than ex officio directors, the auditor or the president falls under the subparagraphs of Article 33 of the State Public Officials Act, he and she shall retire from office automatically.
(6) The term of office of directors, other than ex officio directors, and the auditor shall be three years, which may be renewed consecutively.
[Moved from Article 8; previous Article 9 moved to Article 10 <Jan. 7, 2014>]
Article 10(Duties of executive officers) #
(1) The chairperson shall convene and preside over meetings of the board of directors.
(2) Where the chairperson is unable to perform his and her duties, performance of his and her duties on his and her behalf shall be as prescribed by the articles of association.
(3) Directors shall attend meetings of the board of directors to deliberate on proposals.
(4) The auditor shall audit the accounts and affairs of a dental hospital.
[Moved from Article 9; previous Article 10 moved to Article 11 <Jan. 7, 2014>]
Article 11(Board of directors) #
(1) A dental hospital shall have a board of directors.
(2) The board of directors shall deliberate and pass resolutions on the following matters: <Amended on Jan. 7, 2014>
1. Matters concerning amendment of the articles of association;
2. Matters concerning organization;
3. Matters concerning activity plans and budget and settlement of accounts;
4. Matters concerning acquisition and disposal of property;
5. Matters concerning the formulation of the plan for public health and medical services and the implementation results thereof as prescribed in Article 8 of the Public Health and Medical Services Act;
6. Other matters deemed important, which are prescribed by the articles of association.
(3) The board of directors shall be comprised of the chairperson and the directors.
(4) The board of directors shall pass resolutions with the affirmative vote of the majority of the members.
(5) The auditor may attend meetings of the board of directors to present his and her opinion.
(6) Other matters necessary for the operation of the board of directors shall be prescribed by Presidential Decree.
[Moved from Article 10; previous Article 11 moved to Article 12 <Jan. 7, 2014>]
Article 12(President of dental hospital) #
(1) A dental hospital shall have one president.
(2) The president shall represent the relevant dental hospital and have general control and supervision over the affairs thereof.
(3) The president shall be appointed by the Minister of Education at the recommendation of the board of directors. In such cases, the board of directors shall recommend a person that fulfills qualifications prescribed by Presidential Decree. <Amended on Jul. 21, 2011; Mar. 23, 2013; Mar. 23, 2021>
(4) The term of office of commissioned members shall be three years, and they may be reappointed only once. <Amended on Mar. 23, 2021>
(5) Where the president is unable to perform his and her duties, performance of his and her duties on his and her behalf shall be as prescribed by the articles of association.
(6) Except where the president falls under any of the following cases, he and she shall not be removed from office against his and her will during his and her term of office: <Amended on Mar. 23, 2021>
1. Where he and she violates this Act, any order issued under this Act or the articles of association;
2. Where he and she disrupts the management of the dental hospital by accounting fraud, or by intention or gross negligence;
3. Where performance of his and her duties becomes highly impracticable or impossible due to mental or physical disorder.
(7) Removal of the president under paragraph (6) 1 through 3 shall require a proposal for removal by the board of directors through a resolution passed with the affirmative vote of at least two thirds of the full number of the members of the board of directors including the chairperson.
[Moved from Article 11; previous Article 12 moved to Article 13 <Jan. 7, 2014>]
Article 13(Appointment and dismissal of employees) #
(1) A dental hospital shall employ necessary medical personnel and employees.
(2) Matters concerning the appointment and dismissal of medical personnel and employees shall be prescribed by the articles of association.
[Moved from Article 12; previous Article 13 moved to Article 14 <Jan. 7, 2014>]
Article 14(Clinical instructors) #
(1) A dental hospital shall employ clinical instructors to conduct activities under Article 7.
(2) Article 16 of the Higher Education Act shall apply mutatis mutandis to official titles of and qualifications for clinical instructors under paragraph (1).
(3) Where clinical instructors under paragraph (1) are appointed as school teachers prescribed in Article 3 of the Higher Education Act, their career as clinical instructors in a dental hospital shall be deemed that they have worked as teaching staff of the related university. <Amended on Jan. 7, 2014>
(4) Matters concerning the period of employment, procedures for employment and remuneration of clinical instructors shall be prescribed by the articles of association.
[Moved from Article 13; previous Article 14 moved to Article 15 <Jan. 7, 2014>]
Article 15(Holding of concurrent offices) #
(1) Where it is necessary for a dental hospital to conduct activities under Article 7, notwithstanding Article 64 of the State Public Officials Act, a public educational official working with the related university may hold concurrent offices in a dental hospital. <Amended on Jan. 7, 2014>
(2) Upon the request of the president, the president of the related university shall permit a public educational official under paragraph (1) to hold concurrent offices. <Amended on Jan. 7, 2014>
(3) Matters concerning the duties and remuneration of public educational officials of a related university who hold concurrent offices in a dental hospital pursuant to paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jan. 7, 2014>
[Moved from Article 14; previous Article 15 moved to Article 16 <Jan. 7, 2014>]
Article 16(Gratuitous transfer of state property) #
Where necessary for the establishment and operation of a dental hospital, the Government may transfer or lease the State property (including goods; hereinafter the same shall apply) to a dental hospital without compensation, notwithstanding the State Property Act.
[Moved from Article 15; previous Article 16 moved to Article 17 <Jan. 7, 2014>]
Article 17(Contributions) #
(1) The Government may make a contribution to a dental hospital for its basic facilities, equipment, etc.
(2) The Government shall subsidize expenses incurred in education and research in dental medicine of a dental hospital within budgetary limits, operating expenses of a dental hospital, expenses incurred in the installation of facilities and equipment, etc. and expenses for repayment of the principal and interest on a loan shall be covered with a profit by the dental hospital, but if the expenses are lack, Government may subsidize it.
(3) A natural or juridical person, or organization may contribute money or any other property to a dental hospital to support its activities.
(4) Necessary matters for making a contribution and giving subsidies, the use and management thereof, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[Moved from Article 16; previous Article 17 moved to Article 18 <Jan. 7, 2014>]
Article 18(Business year) #
The business year of a dental hospital shall coincide with the fiscal year of the Government.
[Moved from Article 17; previous Article 18 moved to Article 19 <Jan. 7, 2014>]
Article 19(Management of accounting) #
The president shall manage the accounting of a dental hospital, as prescribed by the articles of association.
[Moved from Article 18; previous Article 19 moved to Article 20 <Jan. 7, 2014>]
Article 20(Report on business plans) #
The president shall prepare and report a business plan and a draft budget of a dental hospital to the Minister of Education each business year, by not later than 20 days before commencement of the business year, as prescribed by Presidential Decree. The same shall also apply any modification thereof. <Amended on Jul. 21, 2011; Mar. 23, 2013>
[Moved from Article 19; previous Article 20 moved to Article 21 <Jan. 7, 2014>]
Article 21(Submission of statement of settlement of accounts) #
(1) The president shall prepare a statement of settlement of accounts for each fiscal year and have it audited by an accounting firm under Article 23 of the Certified Public Accountant Act, and then submit it to the Minister of Education after deliberation and resolution by the board of directors, within two months after commencement of the next fiscal year. <Amended on Jul. 21, 2011; Mar. 23, 2013>
(2) The statement of settlement of accounts under paragraph (1) shall be accompanied with the following documents:
1. Financial statements and annexes thereto;
2. An audit report by an accounting firm under paragraph (1);
3. Other documents prescribed by Presidential Decree as necessary for clarification of the details of the statement of settlement of accounts.
[Moved from Article 20; previous Article 21 moved to Article 22 <Jan. 7, 2014>]
Article 22(Supervision) #
The Minister of Education may order report on matters or submission of documents as necessary for the supervision over a dental hospital. <Amended on Jul. 21, 2011; Mar. 23, 2013>
[Moved from Article 21; previous Article 22 moved to Article 23 <Jan. 7, 2014>]
Article 23(Application mutatis mutandis of Civil Act) #
Except as otherwise prescribed by this Act, the provisions on incorporated foundations in the Civil Act shall apply mutatis mutandis to a dental hospital. <Amended on Mar. 23, 2021>
[Moved from Article 22; previous Article 23 moved to Article 24 <Jan. 7, 2014>]
Article 24(Administrative fines) #
(1) Any person who violates Article 6 shall be imposed by an administrative fine of not exceeding five million won. <Amended on Dec. 18, 2018>
(2) The Minister of Education shall impose and collect the administrative fines under paragraph (1) as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Mar. 17, 2010]
[Moved from Article 23 <Jan. 7, 2014>]