Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Injury Prevention and Control and other matters necessary for the enforcement thereof.
Article 2(Modification of the comprehensive plan for injury control) #
“ Where important matters prescribed by Presidential Decree are modified” in the latter part of Article 6 (1) of the Act on Injury Prevention and Control (hereinafter referred to as the “Act”) means cases where any of the following matters are modified:
1. Basic goals and directions of injury control projects;
2. Plans and methods for promoting injury control projects; provided, modifications made to reflect the enactment, amendment, or repeal of other statutes or regulations shall be excluded.
Article 3(Formulation and evaluation of implementation plans) #
(1) The Commissioner of the Korea Disease Control and Prevention Agency shall, by September 30 each year, notify the heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as “Mayor/Do Governors”) of the guidelines for formulating and evaluating the implementation plan under Article 6 (4) of the Act (hereinafter referred to as “implementation plan”).
(2) The heads of the relevant central administrative agencies and the Mayor/Do Governors shall submit to the Commissioner of the Korea Disease Control and Prevention Agency the implementation plan for the following year formulated in accordance with the guidelines under paragraph (1), as well as the results of the evaluation of the implementation plan for the current year, by December 31 each year.
(3) If the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary to supplement or improve the implementation plan or the evaluation results thereof submitted under paragraph (2), they may request the head of the relevant central administrative agency or the Mayor/Do Governor to make such supplementation or improvement.
(4) The Commissioner of the Korea Disease Control and Prevention Agency may provide administrative support, including the provision of information necessary for the formulation and evaluation of the implementation plan, to the heads of the relevant central administrative agencies or the Mayor/Do Governors.
Article 4(Composition of National Injury Prevention and Control Committee) #
(1) “Relevant central administrative agencies prescribed by Presidential Decree” in Article 7 (3) 1 of the Act means the following agencies:
1. The Ministry of Education;
2. The Ministry of the Interior and Safety;
3. The Ministry of Health and Welfare;
4. The Ministry of Employment and Labor;
5. The Ministry of Land, Infrastructure and Transport;
6. The Ministry of Food and Drug Safety.
7. The National Fire Agency;
8. The Korea Disease Control and Prevention Agency.
(2) The term of office of civilian members commissioned under Article 7 (3) 2 or 3 of the Act shall be 3 years, and they may be reappointed only once.
(3) The term of office of a member newly commissioned due to resignation, dismissal, etc. of a civilian member shall be the remaining term of office of their predecessor.
Article 5(Exclusion of, challenge to, or recusal of members) #
(1) Where a member of the National Injury Prevention and Control Committee under Article 7 (1) of the Act (hereinafter referred to as the “Committee”) falls under any of the following subparagraphs, they shall be disqualified from deliberating or resolving on the relevant agenda item of the Committee:
1. Where the member, or their spouse or former spouse, is a party to the relevant agenda item, or is a joint right holder or joint obligor with a party to the relevant agenda item;
2. Where the member is or was related by blood or marriage to a party to the relevant agenda item;
3. Where the member has given testimony, statements, advice, research, services, or appraisal on the relevant agenda item;
4. Where the member, or a corporation to which the member belongs, is or was a representative of a party to the relevant agenda item.
(2) If there exists any ground for disqualification under the subparagraphs of paragraph (1) or any other circumstance that makes it impracticable to expect fair deliberation or resolution from a member, a party to the agenda item may file a request for challenge with the Committee, and the Committee shall decide whether to accept the challenge by resolution. In such cases, the member subject to the request for challenge shall not participate in the resolution.
(3) Where a member falls under any ground for disqualification under the subparagraphs of paragraph (1) or deems that there is any other circumstance that makes it impracticable to expect fairness in their deliberation, they shall recuse themselves from the deliberation or resolution on the relevant agenda item.
Article 6(Dismissal of members) #
The chairperson of the National Injury Prevention and Control Committee may dismiss a member where the member falls under any of the following subparagraphs:
1. Where the member becomes unable to perform their duties due to physical or mental infirmity;
2. Where the member engages in misconduct related to their duties;
3. Where the member is deemed unfit to serve as a member due to negligence of duty, damage to dignity, or any other reason;
4. Where the member falls under any ground for disqualification under the subparagraphs of Article 5 (1) or is deemed to have any other circumstance that makes it impracticable to expect fairness in their deliberation, but fails to recuse themselves;
5. Where the member voluntarily declares that it is impracticable for them to perform their duties.
Article 7(Duties of chairperson) #
(1) The chairperson of the National Injury Prevention and Control Committee shall represent the Committee and have general supervision and control of its business affairs.
(2) Where the chairperson is unable to perform their duties due to unavoidable reasons, a member designated in advance by the chairperson shall act on their behalf.
Article 8(Meetings) #
(1 ) In any of the following cases, meetings of the Committee shall be convened by the chairperson, who shall preside over the meetings:
1. Where the chairperson deems it necessary;
2. Where at least 1/3 of the members request the convocation of a meeting.
(2) 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.
(3) If the chairperson deems it necessary for the deliberation of an agenda item submitted to a meeting of the National Injury Prevention and Control Committee, they may hear the opinions of the heads of relevant central administrative agencies, the Mayor/Do Governors, other corporations, agencies, or organizations, or experts.
Article 9(Executive secretary) #
(1) One executive secretary shall be appointed to handle the business affairs of the Committee.
(2) The secretary shall be the director of the division of the Korea Disease Control and Prevention Agency in charge of business affairs regarding the prevention and control of injuries.
Article 10(Composition and operation of expert committees) #
(1) The National Injury Prevention and Control Committee may, if necessary for the professional review of matters subject to its deliberation, establish expert committees in specific fields, such as injury mechanisms and life cycles.
(2) An expert committee shall be comprised of up to 15 members, including 1 chairperson for each expert committee.
(3) The members of an expert committee shall be appointed or commissioned by the Commissioner of the Korea Disease Control and Prevention Agency, taking into consideration gender, from among public officials in charge of injury-related affairs and persons with extensive knowledge of and experience in injury control.
(4) The chairperson of an expert committee shall be elected by and from among members of the relevant expert committee.
(5) Articles 5 and 6 shall apply mutatis mutandis to the disqualification, challenge, recusal, and dismissal of members of an expert committee.
Article 11(Allowances) #
Allowances, travel expenses, and other necessary expenses may be paid, within the budget, to members, relevant public officials, or experts, etc., who attend a meeting of the Committee or an expert committee; provided, this shall not apply where a member who is a public official attends in direct relation to their duties.
Article 12(Detailed operational rules) #
Except as provided in Articles 4 through 11, matters necessary for the composition and operation of the Committee and expert committees shall be determined by the chairperson after resolution by the Committee.
Article 13(Procedures and methods for implementing injury research projects) #
(1) If the Commissioner of the Korea Disease Control and Prevention Agency implements an injury research project under Article 8 (1) of the Act (hereinafter referred to as “injury research project”), the following procedures shall be followed:
1. Formulation of an injury research project plan;
2. Selection of injury research project tasks;
3. Evaluation and utilization of the results of the injury research project.
(2) The injury research project tasks referred to in paragraph (1) 2 may be selected through an open call or by identifying and planning tasks that the Commissioner of the Korea Disease Control and Prevention Agency deems necessary to research and develop for injury prevention and control.
Article 14(Timing and subjects of injury survey and statistics project) #
(1) An injury survey and statistics project under the main clause of Article 9 (1) of the Act (hereinafter referred to as “injury survey and statistics project”) shall be conducted according to the following classifications:
1. Regular survey: A survey conducted annually on all aspects of injuries;
2. Occasional survey: A survey conducted separately from the regular survey on a specific period, region, or type of injury, where the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary.
(2) The subjects of an injury survey and statistics project shall be as follows:
1. Patients admitted to or visiting hospital-level medical institutions under Article 3 (2) 3 of the Medical Service Act (including emergency medical institutions defined in Article 2 (5) of the Emergency Medical Services Act and regional trauma centers under Article 30-2 of that Act);
2. Emergency patients defined in Article 2 (1) of the Emergency Medical Services Act;
3. Other persons the Commissioner of the Korea Disease Control and Prevention Agency deems necessary to survey.
(3) Where the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary for injury prevention and control, they may disclose the results of an injury survey and statistics project, as determined by the Commissioner.
Article 15(Methods and procedures for injury prevention projects) #
(1) The Commissioner of the Korea Disease Control and Prevention Agency and the Mayor/Do Governor may jointly implement an injury prevention project under Article 10 (1) of the Act (hereinafter referred to as “injury prevention project”) with an institution or organization related to injuries.
(2) The Commissioner of the Korea Disease Control and Prevention Agency and the Mayor/Do Governor may give priority to implementing an injury prevention project in areas or facilities with a high incidence of injuries or a high risk of injury.
(3) The Commissioner of the Korea Disease Control and Prevention Agency and the Mayor/Do Governor shall evaluate the results of the implementation of an injury prevention project and reflect such results in promoting the next injury prevention project.
Article 16(Methods and procedures for injury cause investigations) #
(1) An injury cause investigation under Article 11 (1) of the Act (hereinafter referred to as “injury cause investigation”) shall be conducted when the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary to identify the cause of the injury from a health and medical care perspective in any of the following cases:
1. Where injuries with the same mechanism occur repeatedly at a specific location;
2. Where the head of a relevant central administrative agency or the Mayor/Do Governor so requests;
3. Other cases where human casualties are extensive or the impact of the damage has widespread social or economic consequences.
(2) Notwithstanding paragraph (1), the Commissioner of the Korea Disease Control and Prevention Agency need not conduct an injury cause investigation in any of the following cases:
1. Where an investigation or trial is underway in relation to the occurrence of the injury;
2. Where another statute or regulation provides for an investigation into the cause of an accident, disaster, etc., in which an injury occurred.
(3) The contents of an injury cause investigation shall be as follows:
1. Identifying the cause or causal pathway of the injury;
2. Identifying the details and characteristics of the injury;
3. Analyzing, from a health and medical care perspective, the impact of human, physical, and institutional conditions on the occurrence of the injury and its clinical prognosis;
4. Other matters the Commissioner of the Korea Disease Control and Prevention Agency deems necessary to identify the risk factors for the occurrence of injuries.
(4) An injury cause investigation shall be conducted through on-site investigations and interviews; provided, if the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary, such investigation may also be conducted in combination with questionnaires or online surveys using an information and communications network.
(5) If the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary to conduct an injury cause investigation, they may organize and operate an injury cause investigation team.
( 6 ) If the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary for the efficient conduct of an injury cause investigation, they may entrust such investigation to a relevant research institution, organization, or expert.
Article 17(Integrated injury information control system) #
(1) The Commissioner of the Korea Disease Control and Prevention Agency may establish and operate an integrated injury information control system to efficiently perform the following tasks:
1. Injury research projects;
2. Injury survey and statistics projects;
3. Injury prevention projects;
4. Injury cause investigations.
(2) The Commissioner of the Korea Disease Control and Prevention Agency may request relevant central administrative agencies, local governments, and public institutions or organizations related to injuries to provide the data and information necessary for the establishment and operation of the integrated injury information control system.
Article 18(Entrustment of installation and operation of the central injury control center) #
(1) “Institution or organization prescribed by Presidential Decree” in Article 12 (3) 4 of the Act means an institution that meets all of the following requirements:
1. It shall be a university referred to in Article 2 (1) of the Higher Education Act;
2. It shall have human resources specialized in statistical analysis and research.
(2) Where the Commissioner of the Korea Disease Control and Prevention Agency entrusts the installation and operation of the central injury control center under Article 12 (3) of the Act, they shall evaluate the operational performance thereof each year, as determined by the Commissioner.
Article 19(Entrustment of installation and operation of regional injury control centers) #
(1) “Institution or organization prescribed by Presidential Decree” in Article 13 (2) 4 of the Act means an institution that meets all of the following requirements:
1. It shall be a university referred to in Article 2 (1) of the Higher Education Act;
2. It shall have human resources specialized in statistical analysis and research.
(2) If the Mayor/Do Governor entrusts the installation and operation of a regional injury control center under Article 13 (2) of the Act and paragraph (1) of that Article, they shall evaluate the operational performance thereof each year.
(3) The Commissioner of the Korea Disease Control and Prevention Agency may provide administrative support to the Mayor/Do Governor, such as providing information necessary for the evaluation under paragraph (2).
(4) The Commissioner of the Korea Disease Control and Prevention Agency may request the Mayor/Do Governor to submit data on the operational performance and evaluation of regional injury control centers.
Article 20(Delegation of authority) #
The Commissioner of the Korea Disease Control and Prevention Agency shall delegate the following authority to the head of the Center for Disease Response under Article 16 (1) of the Act:
1. Supporting the formulation and evaluation of implementation plans for the Mayor/Do Governor under Article 3 (4);
2. Supporting the evaluation of the operational performance of regional injury control centers under Article 19 (3).
Article 21(Processing of sensitive information and personally identifiable information) #
(1) The Commissioner of the Korea Disease Control and Prevention Agency (including a person delegated with the authority of the Commissioner under Article 16 (1) of the Act) and the Mayor/Do Governor may, where unavoidable for performing any of the following business affairs, process data containing health information referred to in Article 23 of the Personal Information Protection Act or resident registration numbers or foreigner registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act:
1. Business affairs regarding injury research projects under Article 8 of the Act;
2. Business affairs regarding injury survey and statistics projects under Article 9 of the Act;
3. Business affairs regarding injury cause investigations under Article 11 of the Act.
(2) The head of the central injury control center may, where unavoidable for performing the business affairs referred to in Article 12 (2) 1 and 2 of the Act, process data containing health information referred to in Article 23 of the Personal Information Protection Act or resident registration numbers or foreigner registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act.
(3) The head of a regional injury control center may, where unavoidable for performing the business affairs referred to in Article 13 (1) 1, 2, and 4 of the Act, process data containing health information referred to in Article 23 of the Personal Information Protection Act or resident registration numbers or foreigner registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act.