Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Improvement of Training Conditions and Status of Medical Residents and matters necessary for the enforcement thereof.
Article 1-2(Preferential Support for Nurturing Specialized Training Courses) #
“Specialized training courses prescribed by Presidential Decree” in the latter part of Article 3 (2) of the Act on the Improvement of Training Conditions and Status of Medical Residents (hereinafter referred to as the "Act") means the following specialized training courses:
1. Internal medicine, surgery, obstetrics and gynecology, pediatrics, and emergency medicine;
2. Other specialized training courses determined by the Minister of Health and Welfare, taking into consideration the conditions of health and medical services, training conditions, etc.
[This Article Newly Inserted on Aug. 20, 2024]
[Previous Article 1-2 Moved to Article 1-3 <Aug. 20, 2024>]
Article 1-3(Training Hours) #
(1) “Consecutive training hours specified by Presidential Decree” in Article 7 (3) of the Act means cases where the training hours are at least 16 hours, including recess hours under Article 54 (1) of the Labor Standards Act. <Amended on Aug. 20, 2024>
(2) The consecutive training hours under paragraph (1) shall be calculated by adding up training hours before and after the relevant recess, if the recess between training hours under Article 9 (1) 6 of the Act is less than 10 hours.
[This Article Newly Inserted on Dec. 19, 2017]
[Moved from Article 1-2 <Aug. 20, 2024>]
Article 2(Terms and conditions of training agreement) #
"Matters prescribed by Presidential Decree" in the former part of Article 10 (1) of the Act means the following: <Amended on Dec. 19, 2017>
1. Matters regarding the training agreement period;
2. Matters regarding training places;
3. Matters regarding training hours by day, by week, and by month;
4. Matters regarding the expiration and termination of training agreements;
5. Matters regarding occupational accidents;
6. Matters regarding commendations and sanctions;
7. Other matters closely related to the training conditions of trainee doctors, as determined by the Minister of Health and Welfare.
Article 3(Procedures for designating training hospitals, etc. and specialties to train in) #
(1) The head of a medical institution, medical college, medical graduate school, or health-related institution that intends to obtain designation of a training hospital, etc. pursuant to the former part of Article 13 (1) of the Act shall file an application for such designation with the Minister of Health and Welfare. In such cases, if neither of the following subparagraphs applies, he or she shall also file an application for designation of a specialty to train in under the latter part of Article 13 (1) of the Act (hereinafter referred to as "specialty to train in"): <Amended on Jul. 16, 2019>
1. Where an application is filed for the designation of a training hospital, etc. for interns defined in subparagraph 2 of Article 2 of the Regulations on the Training and Recognition of Qualifications of Medical Specialists (hereinafter referred to as "intern");
2. Where an application is filed for the designation of a training hospital, etc. for residents under Article 4 (2) 1 (a) (referring to residents defined in subparagraph 3 of Article 2 of the Regulations on the Training and Recognition of Qualifications of Medical Specialists; hereinafter the same shall apply).
(2) Upon receipt of an application for designation under paragraph (1), the Minister of Health and Welfare shall determine whether to grant such designation in consideration of the following matters; in such cases, the Minister shall undergo deliberation by the committee for the assessment of training conditions under Article 15 of the Act (hereinafter referred to as the "Committee"): <Amended on Jul. 16, 2019>
1. Compliance with the criteria for the designation of training hospitals, etc. and specialties to train in under Article 4;
2. Details of the results of the assessment of training conditions under Article 14 of the Act (applicable only where the training conditions have been assessed);
3. Appropriateness of the ability to perform business affairs, financial conditions, etc.
(3) Details of methods and procedures for applying for designation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Jul. 16, 2019>
[Title Amended on Jul. 16, 2019]
Article 4(Criteria for designation of training hospitals, etc. and specialties to train in) #
(1) The criteria for the designation of training hospitals, etc. for interns shall be as follows: <Amended on Jul. 16, 2019>
1. A general hospital or hospital referred to in Article 3 (2) 3 of the Medical Service Act with such number of beds, facilities, equipment, medical treatment records, etc. as prescribed by Ordinance of the Ministry of Health and Welfare;
2. Separate medical departments shall be established for at least 4 specialties prescribed by Ordinance of the Ministry of Health and Welfare; in such cases, there shall be at least 1 exclusive specialist for each medical department and medical treatment records for at least 1 year;
3. It shall have obtained certification or conditional certification of a medical institution under Article 58 (1) of the Medical Service Act.
(2) The criteria for the designation of training hospitals, etc. for residents and specialties to train in shall be classified as follows: <Amended on Jul. 16, 2019>
1. Where a medical institution intends to obtain the designation: The following classifications shall apply:
(a) Where it intends to obtain designation for a specialty to train in prescribed by Ordinance of the Ministry of Health and Welfare: It shall comply with the following standards:
(i) It shall be a general hospital, a long-term care hospital (excluding a medical rehabilitation facility under Article 58 (1) 4 of the Act on Welfare of Persons with Disabilities, which meets the requirements under Article 3-2 of the Medical Service Act), or a hospital under Article 3 (2) 3 of the Medical Service Act;
(ii) It shall have a supervising medical specialist, facility, equipment, medical treatment records, etc. prescribed by Ordinance of the Ministry of Health and Welfare for each specialty to train in;
(iii) It shall have obtained certification or conditional certification of a medical institution under Article 58 (1) of the Medical Service Act;
(b) Where it intends to obtain designation in cases other than those referred to in item (a): It shall comply with the following standards:
(i) A general hospital or hospital referred to in Article 3 (2) 3 of the Medical Service Act with such number of beds, facilities, equipment, medical treatment records, etc. as prescribed by Ordinance of the Ministry of Health and Welfare;
Article 5(Revocation of designation of training hospitals, etc. or specialties to train in) #
(1) "Cases prescribed by Presidential Decree" in Article 13 (2) 6 of the Act means the following cases: <Amended on Jul. 16, 2019>
1. Where it ceases to meet the criteria for the designation of training hospitals, etc. and specialties to train in under Article 4;
2. Where it fails to meet the criteria determined and publicly notified by the Minister of Health and Welfare for 2 consecutive years according to the assessment of training conditions under Article 14 (1) of the Act;
3. Where it intentionally refuses or interferes with the submission of data or investigation related to the assessment of training conditions or intentionally refuses or interferes with such investigation, in violation of Articles 14 (2) and 16 (1) of the Act;
4. Where it fails to comply with a corrective order issued under Article 16 (1) of the Regulations on the Training and Accreditation of Qualifications of Medical Specialists without good cause.
(2) If the Minister of Health and Welfare intends to revoke the designation of a training hospital, etc. or a specialty to train in on the grounds that a training hospital, etc. falls under any of the subparagraphs of Article 13 (2) of the Act, he or she shall hold a hearing and undergo deliberation by the Committee; provided, if a training hospital, etc. wishes the revocation of the designation pursuant to Article 13 (2) 2 of the Act, the hearing may be omitted. <Newly Inserted on Jul. 16, 2019>
(3) If the Minister of Health and Welfare revokes the designation of a training hospital, etc. or a specialty to train in pursuant to Article 13 (2) of the Act, he or she shall notify the head of the relevant training hospital, etc. in writing (including electronic documents), specifying the applicable statutes and regulations, grounds for revocation, date of revocation, etc. <Newly Inserted on Jul. 16, 2019>
[Title Amended on Jul. 16, 2019]
Article 6(Traineeship transfer) #
(1) "Unavoidable circumstances prescribed by Presidential Decree" in Article 13-2 (1) 2 of the Act means cases where it is necessary to adjust the quota of trainee doctors for the relevant specialty because the training hospital, etc. fails to meet the criteria for each specialty to train in under Article 4 (2) of this Decree.
(2) The head of a training hospital, etc. in receipt of an order to take measures necessary for traineeship transfer under Article 13-2 (1) of the Act (hereinafter referred to as "traineeship transfer") shall request the Minister of Health and Welfare to grant approval after obtaining consent to the traineeship transfer from the head of another training hospital, etc. and the relevant trainee doctor.
(3) Upon receipt of a request under paragraph (2), the Minister of Health and Welfare shall determine whether to grant approval after deliberation by the Committee and notify the head of the relevant training hospital, etc. of the results thereof without delay.
[Title Amended on Jul. 16, 2019]
Article 7(Composition of Committee) #
(1) Members of the Committee shall be appointed or commissioned by the Minister of Health and Welfare in accordance with the following classifications in consideration of gender: <Amended on Jul. 16, 2019>
1. Persons under Article 15 (3) 1 of the Act: 1 person;
2. Persons under Article 15 (3) 2 of the Act: 3 persons;
3. Persons under Article 15 (3) 3 of the Act: 2 persons;
4. Persons under Article 15 (3) 4 of the Act: 3 persons;
5. Persons under Article 15 (3) 5 of the Act: 1 person;
6. Persons under Article 15 (3) 6 of the Act: 3 persons;
(2) The term of office of commissioned members referred to in paragraphs (1) 1 through 4 and 6 shall be 3 years, and they may be reappointed only once; provided, the term of office of a newly commissioned member due to the dismissal, etc. of another member shall be the remainder of the term of office of the previous member.
(3) Where a member of the Committee falls under any of the following cases, the Minister of Health and Welfare may dismiss such member from his or her office:
1. Where he or she is incapable of performing his or her duties due to mental or physical disorder;
2. Where he or she commits any misdeed in connection with his or her duties;
3. Where he or she is deemed unfit as a member due to neglect of duty, injury to dignity, or other reasons;
4. Where he or she voluntarily declares that it is impracticable for him or her to perform his or her duties;
5. Where he or she fails to recuse himself or herself despite falling under any subparagraph of Article 8 (1).
[Title Amended on Jul. 16, 2019]
Article 8(Exclusion of, Challenge to, or Recusal of Members) #
(1) If a member of the Committee falls under any of the following cases, he or she shall be excluded from deliberation of the Committee:
1. Where a member, or his or her spouse or his or her former spouse is a party to the relevant agenda item (including the executive officer or employee thereof if the party is a corporation, organization, etc.; hereinafter the same shall apply in this subparagraph and subparagraph 2), or is a party and joint holder of rights or joint obligor or obligor for redemption for an agenda item;
2. Where a member is or was a relative of a party to an agenda item;
3. Where a member has given testimony, consultation, or appraisal with respect to an agenda item;
4. Where a member or a corporation, organization, etc. to which he or she belongs is or was the agent of a party to an agenda item;
5. Where it is impracticable to expect fair and objective deliberation due to a member's economic interest, etc. with any person related to the relevant agenda item.
(2) Where a member of the Committee falls under any of the grounds referred to in the subparagraphs of paragraph (1), he or she shall recuse himself or herself from deliberation on the relevant agenda item.
(3) Where any party finds it difficult to expect a fair deliberation from a member of the Committee, he or she may file an application for challenge with the Committee, and the Committee shall decide whether to challenge the relevant member by a resolution. In such cases, the members subject to the application for challenge shall not participate in the resolution.
Article 9(Operation of committee for the assessment of training conditions) #
(1) The chairperson of the Committee (hereafter in this Article referred to as "chairperson") shall represent the committee and exercise an overall control over the business affairs of the Committee.
(2) A meeting of the Committee shall be convened when at least 1/3 of the incumbent members request it or the chairperson deems it necessary.
(3) A majority of the members of the Committee shall constitute a quorum.
(4) If the chairperson is unable to perform his or her duty due to unavoidable circumstances, a member of the Committee appointed by the chairperson in advance shall act on behalf of the chairperson.
(5) Where the chairperson deems it necessary for performing the business affairs of the Committee, he or she may request relevant institutions, corporations, organizations, etc. to submit data or opinions.
Article 10(Detailed operating rules) #
Except as provided in this Decree, details necessary for the composition, operation, etc. of the Committee shall be determined by the Minister of Health and Welfare.
Article 11(Subcommittees) #
(1) A subcommittee under Article 15 (5) of the Act (hereinafter referred to as "subcommittee") shall be established as follows:
1. A subcommittee for the formulation and evaluation of policies and systems under Article 15 (1) 1 of the Act;
2. A subcommittee for the evaluation and improvement of the subjects of training for trainee doctors under Article 15 (1) 3 of the Act;
3. A subcommittee for inspecting and improving the assessments of training conditions under Article 15 (1) 6 of the Act;
4. Other subcommittees deemed necessary by the Minister of Health and Welfare for the efficient operation, etc. of the Committee.
(2) The chairperson and members of a subcommittee shall be appointed by the Minister of Health and Welfare.
(3) Article 8 shall apply mutatis mutandis to the exclusion of, challenge to, and recusal by, members of a subcommittee.
(4) Except as provided in paragraphs (1) and (2), matters necessary for the composition, operation, etc. of subcommittees shall be determined by the Minister of Health and Welfare.
Article 12(Entrustment of business affairs) #
(1) Pursuant to Article 18 of the Act, the Minister of Health and Welfare may entrust the following institutions with the business affairs prescribed in subparagraphs 1 through 3 of that Article:
1. An association of medical institutions under Article 52 of the Medical Service Act;
2. A medical-related corporation in charge of the organization or formation of the curricula of training courses for trainee doctors under Article 15 (3) 4 of the Act;
3. Other medical-related institutions determined and publicly notified by the Minister of Health and Welfare as having an organization, human resources, expertise, etc. necessary to perform the entrusted business affairs.
(2) If the Minister of Health and Welfare entrusts business affairs pursuant to paragraph (1), he or she shall publicly notify matters regarding the details of entrustment, institutions entrusted with such business affairs, etc.
(3) An institution entrusted with business affairs pursuant to paragraph (1) shall report to the Minister of Health and Welfare matters regarding its business operation plan, current status of business execution, fund management plan, details of fund execution, etc., as determined by the Minister of Health and Welfare.
Article 13(Criteria for imposing administrative fines) #
The criteria for imposing administrative fines under Article 19 of the Act shall be as specified in the attached Table.