Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients in the Dying Process and matters necessary for the enforcement thereof.
Article 2(Life-sustaining treatment) #
"Medical procedures prescribed by Presidential Decree" in subparagraph 4 of Article 2 of the Act on Hospice and Palliative Care and Decisions on Life-Sustaining Treatment for Patients in the Dying Process (hereinafter referred to as the "Act") means the following procedures:
1. Extracorporeal life support;
2. Blood transfusion;
3. Administration of pressor agents;
4. Other procedures which the attending physician medically deems it necessary not to perform or to discontinue in order to ensure the patient's best interests.
[This Article Added on Mar. 26, 2019]
[Previous Article 2 moved to Article 3 <Mar. 26, 2019>]
Article 3(National Hospice and Palliative Care Committee) #
(1) The term of office of a commissioned member of the National Hospice and Palliative Care Committee (hereinafter referred to as the "Committee") established under Article 8 (1) of the Act shall be 3 years and may be renewed only once; provided, the term of office of a member newly commissioned due to dismissal, etc., of a member shall be the remainder of their predecessor's term of office. <Amended on Mar. 26, 2019>
(2) If a member of the Committee falls under any of the following cases, the Minister of Health and Welfare may remove or dismiss the member from office:
1. Where the member becomes unable to perform their duties due to a mental disorder;
2. Where the member engages in any irregularity in connection with their duties;
3. Where the member is deemed unfit as a member due to dereliction of duty, damage to dignity, or any other reason;
4. Where the member voluntarily admits that it is impracticable for them to perform their duties;
(3) The chairperson of the Committee (hereinafter referred to as "chairperson") shall represent the Committee, and shall have general supervision and control of the duties of the Committee.
(4) When the chairperson is unable to perform their duties due to any unavoidable cause, a member designated by the chairperson shall act on their behalf.
(5) Meetings of the Committee shall be convened when requested by the Minister of Health and Welfare or by at least 1/3 of the members, or when the chairperson deems it necessary, and the chairperson shall preside over the meetings.
(6) A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(7) The Committee shall have 1 executive secretary to handle its business affairs, who shall be appointed by the Minister of Health and Welfare from among public officials of the Ministry of Health and Welfare.
(8) Commissioned members who attend a meeting of the Committee may be paid allowances, and reimbursed travel expenses and other necessary expenses within the budget.
[Moved from Article 2; previous Article 3 moved to Article 4 <Mar. 26, 2019>]
Article 4(Expert committees) #
(1) The Committee may establish expert committees in each field, if necessary, to professionally review the matters subject to deliberation by the Committee.
(2) An expert committee shall be comprised of no more than 10 members, including 1 chairperson, taking into consideration gender balance.
(3) The chairperson and members of each expert committee shall be appointed or commissioned by the Minister of Health and Welfare.
[Moved from Article 3; previous Article 4 moved to Article 5 <Mar. 26, 2019>]
Article 5(Detailed operational rules) #
Except as provided in this Decree, details necessary for comprising, operating, etc. the Committee and expert committees shall be determined by the Minister of Health and Welfare.
[Moved from Article 4; Article 5 moved to Article 6 <Mar. 26, 2019>]
Article 6(National Agency for Management of Life-Sustaining Treatment) #
(1) The head of the National Agency for Management of Life-Sustaining Treatment established under Article 9 (1) of the Act (hereinafter referred to as "Managing Agency") shall be appointed or commissioned by the Minister of Health and Welfare.
(2) If deemed necessary for efficiently operating the Managing Agency, the head of the Managing Agency may establish a steering committee comprised of experts in the fields related to life-sustaining treatment, decision to withhold or withdraw life-sustaining treatment, and executing the same, as determined by the Minister of Health and Welfare.
(3) If deemed necessary to perform the duties under their jurisdiction, the head of the Managing Agency may request data or opinions from the heads of relevant central administrative agencies, the heads of local governments, the heads of public institutions under Article 4 of the Act on the Management of Public Institutions, and agencies, corporations, organizations, and experts related to health and medical care.
(4) The head of the Managing Agency shall report a plan for operating services, a performance record of services, a financial management plan, details of financial execution, etc., to the Minister of Health and Welfare, as determined by the Minister of Health and Welfare.
(5) "Duties prescribed by Presidential Decree" in Article 9 (2) 5 of the Act means the following duties:
1. Establishing and operating an information processing system necessary to perform the duties set forth in Article 9 (2) 1 through 4;
2. Educating and providing information to founders of medical institutions, medical personnel, or persons working for medical institutions on life-sustaining treatment, decision to withhold or withdraw life-sustaining treatment, and the implementation thereof;
3. Other duties similar to those referred to in paragraphs 1 and 2, which the Minister of Health and Welfare deems particularly necessary regarding life-sustaining treatment, decision to withhold or withdraw life-sustaining treatment, and the implementation thereof.
[Moved from Article 5; previous Article 6 moved to Article 7 <Mar. 26, 2019>]
Article 7(Preparation of life-sustaining treatment plans) #
"Method equivalent thereto prescribed by Presidential Decree" in Article 10 (4) 2 of the Act means video recording.
[Moved from Article 6; previous Article 7 moved to Article 8 <Mar. 26, 2019>]
Article 8(Requirements for designation of agency for registration of advance directives for life-sustaining treatment) #
(1) An institution designated as a registration agency for advance directives for life-sustaining treatment under Article 11 (1) of the Act (hereinafter referred to as the "registration agency") shall meet the following requirements:
1. It shall have an office and a counseling room where it can independently perform its duties;
2. It shall have an online business processing system necessary for performing its duties;
3. It shall have at least 1 counseling office where it can professionally perform its duties, and at least 2 staff members.
(2) The details of the designation criteria under paragraph (1) and matters necessary for the operation thereof shall be determined and publicly notified by the Minister of Health and Welfare.
[Moved from Article 7; previous Article 8 to Article 9 <Mar. 26, 2019>]
Article 9(Transfer of records) #
(1) When the head of a registration agency intends to transfer records kept under Article 13 (3) of the Act to the head of the Managing Agency, they shall transfer them within 30 days from the date on which the designation of a registration agency is revoked.
(2) When the head of a registration agency transfers records kept under Article 13 (3) of the Act to the head of the Managing Agency, they shall prepare a complete list of the records kept and submit it together.
(3) Except as provided in paragraphs (1) and (2), detailed procedures, methods, etc., necessary for transferring the records kept by the head of a registration agency shall be determined and publicly notified by the Minister of Health and Welfare.
[Moved from Article 8; previous Article 9 moved to Article 10 <Mar. 26, 2019>]
Article 10(Decision to withhold or withdraw life-sustaining treatment where it is impossible to confirm patient's intention) #
(1) "Those who fall under any ground prescribed by Presidential Decree, such as missing persons" in Article 18 (1) 2 of the Act means any of the following persons: <Amended on Mar. 26, 2019>
1. A person in whose case at least 1 year has passed since their disappearance was reported to a police agency;
2. A person judicially declared missing;
3. A person who is in a medical condition where they are unable to express their intent due to unconsciousness or any other equivalent cause, and who has been diagnosed and confirmed regarding such medical condition by at least 1 specialist.
(2) If a patient's family member makes a decision to withhold or withdraw life-sustaining treatment under Article 18 (1) 2 of the Act, if any family member of the patient falls under any subparagraph of paragraph (1), a document substantiating the relevant fact shall be submitted to the attending physician.
[Moved from Article 9; previous Article 10 moved to Article 11 <Mar. 26, 2019>]
Article 11(Preservation of records related to decision to withhold or withdraw life-sustaining treatment) #
"Matters prescribed by Presidential Decree" in subparagraph 7 of Article 20 of the Act means the records concerning deliberation performed by an institutional ethics committee under Article 14 (2) 1 or 2 of the Act.
[Moved from Article 10; previous Article 11 moved to Article 12 <Mar. 26, 2019>]
Article 12(Entrustment of hospice and palliative care programs) #
(1) The Minister of Health and Welfare may entrust the programs under Article 21 (1) to any of the following specialized institutions or organizations in accordance with Article 21 (2) of the Act:
1. The National Hospice Center under the former part of Article 23 (1) of the Act (hereinafter referred to as the "National Center");
2. A Regional Hospice Center under the former part of Article 24 (1) of the Act (hereinafter referred to as "Regional Center");
3. A public institution, the objective for establishing which is related to health and medical care, among public institutions under Article 4 of the Act on the Management of Public Institutions;
4. An institution or organization determined and publicly notified by the Minister of Health and Welfare, as an institution or organization having an organizational structure, human resources, expertise, etc., necessary to perform the entrusted tasks.
(2) If the Minister of Health and Welfare intends to entrust programs under Article 21 (2) of the Act, they shall make a prior public announcement of matters concerning the standards and procedures for, and methods, etc., of the entrustment.
(3) If the Minister of Health and Welfare entrusts programs under Article 21 (2) of the Act, they shall publicly notify the matters concerning the details of the entrustment and the assignee in the Official Gazette and post them on the website of the Ministry of Health and Welfare.
(4) A specialized institution or organization entrusted under Article 21 (2) of the Act shall report the program operation plan, results of operating the program, financial management plan, results of the financial management, etc., to the Minister of Health and Welfare.
(5) Detailed matters necessary for publicly notifying entrustment standards, public announcement of the details of entrustment, reporting on entrusted tasks, etc., under paragraphs (2) through (4) shall be determined and publicly notified by the Minister of Health and Welfare.
[Moved from Article 11; previous Article 12 moved to Article 13 <Mar. 26, 2019>]
Article 13(Entrustment of evaluation affairs of specialized hospice institutions) #
(1) The Minister of Health and Welfare may entrust any of the following specialized institutions or organizations with the evaluation affairs related to evaluating specialized hospice institutions designated under Article 25 (1) of the Act (hereinafter referred to as "specialized hospice institutions") in accordance with Article 29 (4) of the Act: <Amended on Feb. 2, 2018>
1. The National Center;
2. A public institution under Article 4 of the Act on the Management of Public Institutions, the purpose of establishment of which is related to health and medical care;
3. An institution or organization determined and publicly notified by the Minister of Health and Welfare, as an institution or organization having the organizational structure, human resources, expertise, etc., necessary to perform the entrusted tasks.
(2) Where the Minister of Health and Welfare entrusts the tasks related to evaluating specialized hospice institutions under Article 29 (4) of the Act, Article 12 (2) through (5) shall apply mutatis mutandis to the public announcement of the standards for such entrustment and the public notification of the details of entrustment, reporting on entrusted tasks, etc. <Amended on Mar. 26, 2019>
[Moved from Article 12; previous Article 13 moved to Article 14 <Mar. 26, 2019>]
Article 14(Processing sensitive information and personally identifiable information) #
(1) The Minister of Health and Welfare (including persons to whom the tasks of the Minister of Health and Welfare are entrusted under Articles 12 (1) and 13 (1)), the head of the National Center (limited to the business affairs under subparagraph 3), the head of a Regional Center (limited only to the business affairs under subparagraph 5), or a specialized hospice institution (limited only to the business affairs under subparagraph 6-2) may manage data containing information on health under Article 23 of the Personal Information Protection Act, and resident registration numbers, passport numbers, or alien registration numbers under Article 19 of the Enforcement Decree of that Act, if it is unavoidable for the performance of the following business affairs: <Amended on Feb. 2, 2018; Mar. 26, 2019>
1. Business affairs concerning executing programs for hospice and palliative care under Article 21 (1) of the Act;
2. Deleted; <Dec. 20, 2022>
3. Business affairs under Article 23 (1) 1, 2, 5, and 6 of the Act;
4. Deleted; <Dec. 20, 2022>
5. Business affairs under Article 24 (1) 1, 4, and 7 of the Act;
6. Deleted; <Dec. 20, 2022>
6-2. Business affairs concerning applying for and withdrawing the use of hospice and palliative care under Article 28 of the Act;
7. Business affairs concerning the evaluation of specialized hospice institutions under Article 29 of the Act.
(2) An attending physician or a specialist in the relevant field (limited only to the business affairs under subparagraphs 2 through 4) may manage data containing information on health under Article 23 of the Personal Information Protection Act, and resident registration numbers, passport numbers, or alien registration numbers under Article 19 of the Enforcement Decree of that Act, if it is unavoidable for the performance of the following business affairs: <Added on Feb. 2, 2018>
1. Preparing, amending, or withdrawing life-sustaining treatment plans under Article 10 of the Act;
2. Recording the results of diagnosing whether a patient is in the dying process under Article 16 of the Act;
3. Verifying a patient's intention to make a decision to withhold or withdraw life-sustaining treatment, inquiring about the registration of the Managing Agency, and recording the results of verifying the patient's intention under Article 17 of the Act;
Article 14-2(Re-examination of regulation) #
The Minister of Health and Welfare shall examine the appropriateness of the requirements for designation of the agencies for registration of the advance directives for life-sustaining treatment under Article 8 and Appendix 1 every 5 years, counting from January 1, 2022 (referring to the period that ends on the day before January 1 of every fifth year) and shall take measures, such as making improvements.
[This Article Added on Mar. 8, 2022]
Article 15(Administrative fines) #
The criteria for imposing administrative fines under Article 43 (1) through (3) of the Act shall be as specified in the Appendix.
[Moved from Article 14 <Mar. 26, 2019>]