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ENFORCEMENT DECREE OF THE NATIONAL HEALTH INSURANCE ACT

ENFORCEMENT DECREE OF THE NATIONAL HEALTH INSURANCE ACT

ReproducedfromStatutesoftheRepublicofKorea

Copyright1997bytheKoreaLegislationResearchInstitute,Seoul,Korea 81

ENFORCEMENT DECREE OF THE NATIONAL HEALTH INSURANCE ACT

Presidential Decree No. 16853, Jun. 23, 2000

Amended by Presidential Decree No. 17067, Dec. 30, 2000 Presidential Decree No. 17285, Jun. 30, 2001

Presidential Decree No. 17476, Dec. 31, 2001

Presidential Decree No. 18028, Jun. 27, 2003

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18347, Mar. 29, 2004

Presidential Decree No. 18378, Apr. 24, 2004

Presidential Decree No. 18379, Apr. 24, 2004

Presidential Decree No. 18461, Jun. 29, 2004

Presidential Decree No. 18664, Dec. 31, 2004

Presidential Decree No. 18669, Jan. 5, 2005

Presidential Decree No. 18909, Jun. 30, 2005

Presidential Decree No. 19028, Aug. 31, 2005

Presidential Decree No. 19093, Oct. 21, 2005

Presidential Decree No. 19202, Dec. 28, 2005

Presidential Decree No. 19482, May 24, 2006

Presidential Decree No. 19513, Jun. 12, 2006

Presidential Decree No. 19610, Jul. 14, 2006

Presidential Decree No. 19806, Dec. 29, 2006

Presidential Decree No. 19818, Dec. 30, 2006

Presidential Decree No. 20190, Jul. 25, 2007

Presidential Decree No. 20288, Sep. 27, 2007

AArrttiiccllee 11 ((PPuurrppoossee))

The purpose of this Decree is to regulate matters mandated by the National Health Insurance Act and matters necessary for its enforcement.Amended by Presidential Decree No. 18909, Jun. 30, 2005

AArrttiiccllee 22 ((HHeeaadd ooff OOrrggaanniizzaattiioonn WWhhoo IIss EEmmppllooyyeerr)) The term "persons determined by the Presidential Decree" in subpara- graph 2 (b) of Article 3 of the National Health Insurance Act (hereinafter referred to as the "Act") means heads of organizations designated in the attached Table 1: Provided, That when deemed necessary for the efficiency of dealing with the affairs of health insurance, the National Health Insurance Corporation (hereinafter referred to as the "Corporation") which is the insurer of the national health insurance under Article 12 of the Act may separately designate the head of organization belonging to the organizations designated in the attached Table 1 in consideration of the location of organization, personnel and other conditions.Amended by Presidential Decree No. 18909, Jun. 30, 2005

AArrttiiccllee 22--22 ((MMaatttteerrss SSuubbjjeecctt ttoo DDeelliibbeerraattiioonn ooff DDeelliibbeerraattiivvee CCoommmmiitttteeee)) The term "matters prescribed by the Presidential Decree" in Article 4 (1) 5 of the Act means the matters falling under any of the following sub- paragraphs:

1. The relative value point of each medical care benefit provided for in the provisions of Article 24 (2);

2. The upper-limit amount on the expenses spent for medicines and treatment materials and the expenses spent for medical herbs provided for in the provisions of Article 24 (3); and

3. Other important matters concerning the health insurance, which are put on the agenda of the Health Insurance Policy Deliberative Committee provided for in the provisions of Article 4 of the Act (hereinafter referred to as the "Deliberative Committee") by its chairman (hereinafter referred to as the "chairman") for the deliberation thereof.

[ThisArticleNewlyInsertedbyPresidentialDecreeNo.20190,Jul.25,2007] AArrttiiccllee 33 ((MMeemmbbeerrss WWhhoo AArree PPuubblliicc OOffffiicciiaallss)) The term "public officials who work for central administrative agencies that are prescribed by the Presidential Decree" in Article 4 (4) 3 (a) of the Act

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CHAPTER GENERAL PROVISIONS

(4) The chairman shall not participate in the resolution referred to in paragraph (3): Provided, That when the numbers of approval and dis- approval vote are equal, the chairman shall determine thereon.Newly Inserted by Presidential Decree No. 19818, Dec. 30, 2006 (5) The Deliberative Committee may, in case where it is deemed necessary to ensure its efficient deliberation, set up subcommittees by field.Newly Inserted by Presidential Decree No. 19818, Dec. 30, 2006 (6) Necessary matters concerning the operation of the Deliberative Committee and the subcommittees other than the matters that are prescribed in the provisions of paragraphs (1) through (5) shall be determined by the chairman after going through the resolution thereof of the Deliberative Committee.Newly Inserted by Presidential Decree No. 19818, Dec. 30, 2006

AArrttiiccllee 66

Deleted.by Presidential Decree No. 19818, Dec. 30, 2006 AArrttiiccllee 77 ((SSeeccrreettaarryy ooff DDeelliibbeerraattiivvee CCoommmmiitttteeee)) (1) The Deliberative Committee shall have one administrative secretary who is nominated by the chairman from among the public officials of Grade or higher in their ranks who work for the Ministry of Health and Welfare or the public officials in general service who belong to the Senior Civil Service.Amended by Presidential Decree No. 19818, Dec. 30, 2006 (2) The secretary shall deal with the affairs of the Deliberative Committee under the orders of the chairman.Amended by Presidential Decree No. 19818, Dec. 30, 2006

AArrttiiccllee 88 ((AAlllloowwaanncceess,, eettcc.. ooff MMeemmbbeerrss ooff DDeelliibbeerraattiivvee CCoommmmiitttteeee)) Allowances, travel expenses and other required expenses may be paid to

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means the public officials who are each nominated by the heads of administrative agencies for which they work from among the public officials of Grade who belong to the Ministry of Finance and Economy and the Ministry of Health and Welfare as well as the public officials of general service who belong to the Senior Civil Service.

[This Article Wholly Amended by Presidential Decree No. 19818, Dec. 30, 2006] AArrttiiccllee 44 ((CChhaaiirrmmaann ooff DDeelliibbeerraattiivvee CCoommmmiitttteeee,, eettcc..)) (1) The chairman of the Deliberative Committee shall present the De- liberative Committee and exercise overall control of the affairs thereof. Amended by Presidential Decree No. 20190, Jul. 25, 2007 (2) The vice chairman of the Deliberative Committee referred to in the provisions of Article 4 (3) of the Act shall assist the chairman and act on behalf of the chairman in case where the chairman is unable to perform his duties on the grounds of inevitability.

[ThisArticleWhollyAmendedbyPresidentialDecreeNo.19818,Dec.30,2006] AArrttiiccllee 55 ((MMeeeettiinngg ooff DDeelliibbeerraattiivvee CCoommmmiitttteeee)) (1) The chairman shall convene and preside over at a meeting of the Deliberative Committee.Amended by Presidential Decree No. 19818, Dec. 30, 2006

(2) A meeting of the Deliberative Committee shall be convened upon a request from not less than one third of the total registered members, or where the chairman deems it necessary.Amended by Presidential Decree No. 19818, Dec. 30, 2006

(3) The meeting of the Deliberative Committee shall open with the atten- dance of a majority of the total members and resolve with the concurrent vote of a majority of those present.Amended by Presidential Decree No. 19818, Dec. 30, 2006

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AArrttiiccllee 1100 ((PPeerrssoonnss EExxcclluuddeedd ffrroomm tthhee eemmppllooyyeeee iinnssuurreedd)) The term "workers and employers in the business places, public officials, teachers and staffs prescribed by the Presidential Decree" in Article 6 (2) 4 of the Act means persons falling under any of the following subparagraphs:

1. Workers employed not for engaging in regular works in the business place, such as part-time workers or those by the hour, etc. working less than 80 hours a month;

2. Part-time teachers and staffs, or public officials and teachers and staffs by the hour who work less than 80 hours a month;

3. Workersandemployersinthebusinessplaceswhoselocationisnotfixed;and

4. Employers who employ no worker or only those falling under the pro- visions of subparagraph 1

[ThisArticleWhollyAmendedbyPresidentialDecreeNo.18028,Jun.27,2003]

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the members who have attended the meeting of the Deliberative Committee within the limit of budgets: Provided, That this shall not apply to the case where any members who are public officials attend in direct connection with their duties.Amended by Presidential Decree No. 19818, Dec. 30, 2006 AArrttiiccllee 99

Deleted.by Presidential Decree No. 19818, Dec. 30, 2006

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CHAPTER THE INSURED

AArrttiiccllee 1122 ((MMeemmbbeerrss WWhhoo AArree PPuubblliicc OOffffiicciiaallss)) The term "relevant public officials determined by the Presidential Decree" in Article 19 (3) of the Act means one person each designated by the Minister of Education and Human Resources Development, the Minister of Government Administration and Home Affairs, the Minister of Health and Welfare, and the Minister of Planning and Budget from among the public officials of Grade at the Ministry thereof or the public officials in general service belonging to the Senior Civil Service.Amended by Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 19513, Jun. 12, 2006 AArrttiiccllee 1133 ((MMaatttteerrss ffoorr DDeelliibbeerraattiioonn aanndd RReessoolluuttiioonn aatt BBooaarrdd ooff DDiirreeccttoorrss)) Pursuant to Article 24 (4) of the Act, the matters of the following sub- paragraphs shall go through a deliberation and resolution at the board of directors of the Corporation (hereinafter referred to as the "board of directors"): Provided, That the matters to be subject of deliberation and resolution of the Deliberative Committee provided for in the provisions of Article 4 (1) of the Act and those of the finance operation committee provided for in the provisions of Article 31 of the Act shall be excluded:Amended by Presidential Decree No. 19818, Dec. 30, 2006

1. Plans for business operation and other matters concerning fundamental policies for the Corporation's operation;

2. Matters concerning budget and settlement of accounts;

3. Matters concerning alterations in the articles of incorporation;

4. Matters concerning insurance premiums, etc.;

5. Matters concerning reserves and other acquisition, management and disposal of major properties;

6. Matters concerning institution, amendment and abolition of regulations;

7. Matters concerning borrowings;

8. Matters concerning insurance benefits; and

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AArrttiiccllee 1111 ((MMaannaaggeemmeenntt aanndd OOppeerraattiioonn ooff PPrrooppeerrttyy)) The management and operation of the Corporation's property and its propagation projects under Article 13 (2) of the Act shall, in consideration of safety and profitability, be based on the methods of the following subparagraphs:Amended by Presidential Decree No. 17067, Dec. 30, 2000; Presidential Decree No. 18909, Jun. 30, 2005

1. Deposits or trusts in the postal offices under the Postal Savings and Insurance Act or the financial institutions under the Banking Act;

2. Purchase of securities directly issued or guaranteed their performance of obligations by the State, local governments or the financial institutions under the Banking Act;

3. Purchase of securities issued by the corporations established under the special Acts;

4. Purchase of beneficiary certificates issued by the trust company under the Trust Business Act or the asset management company under the Indirect Investment Asset Management Business Act;

5. Acquisition and partial lease of real estates which are used in the busi- ness of the Corporation; and

6. Any projects that may anticipate the profits in excess of an average interest of time deposits with one-year maturity which is applied by the banks operating nationwide from among the financial institutions established under the Banking Act, and that are recognized by the Minister of Health and Welfare.

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CHAPTER NATIONAL HEALTH INSUR -

ANCE CORPORATION

insurance premiums under Articles 52, 62, 70 and 74 of the Act and other collections, etc. under this Act, and the collection according to examples of dispositions of national taxes in arrears;

4-2. Authorities to reduce the insurance premiums pursuant to the pro- visions of Article 66-2 of the Act;

5. Authorities to approve the payment in installments provided for in the provisions of Article 70-2 of the Act and to revoke such approval and authorities to notify the payment of insurance premiums that have to be paid in installments; and

6. Authorities to manage the qualifications of voluntarily and continuously insured persons and their dependents under Article 93-2 of the Act, to impose andcollecttheirinsurancepremiumsandtonotifythepaymentsthereof. AArrttiiccllee 1166

Deleted.by Presidential Decree No. 19818, Dec. 30, 2006 AArrttiiccllee 1177 ((CCoommppoossiittiioonn ooff FFiinnaannccee OOppeerraattiioonn CCoommmmiitttteeee)) (1) The members of the finance operation committee under Article 32 (2) 2 of the Act shall be as follows:Amended by Presidential Decree No. 18909, Jun. 30, 2005

1. Three persons who are recommended respectively by the organization of farmers and fishermen and the organization of urban independent businessmen; and

2. Four persons who are recommended by non-governmental organiza- tions (referring to nonprofit non-governmental organizations under Article 2 of the Assistance for Nonprofit Non-Governmental Orga- nizations Act; hereinafter the same shall apply). (2) The term "relevant public officials determined by the Presidential Decree" in Article 32 (2) 3 of the Act means one person each designated

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9. Other important matters concerning the Corporations's operation. AArrttiiccllee 1144 ((MMeeeettiinngg ooff BBooaarrdd ooff DDiirreeccttoorrss)) (1) The meeting of the board of directors shall be held regularly or irregularly. (2) The regular meeting shall be convened by the chairman of the board of directors twice in a year at the time as determined by the articles of incorporation.

(3) The irregular meeting shall be convened by the chairman of the board of directors in cases where more than one third of the total directors (including the chief director; hereinafter the same shall apply) request so or where the chief director deems it necessary.

(4) The board of directors shall start a deliberation with the attendance of a majority of total members, and take a decision by a concurrent vote of a majority of those present.

(5) The chairman of the board of directors shall be the chief director. (6) The procedure for convening the board of directors shall be according to what the articles of incorporation determines.

AArrttiiccllee 1155 ((DDeelleeggaattiioonn ooff AAuutthhoorriittyy ooff CChhiieeff DDiirreeccttoorr)) Pursuant to Article 30 of the Act, the chief director shall delegate the authorities falling under any of the following subparagraphs to the head of branch office:Amended by Presidential Decree No. 19818, Dec. 30, 2006; Presidential Decree No. 20190, Jul. 25, 2007

1. Authorities on matters which the Corporation determines by the articles of incorporation, such as the qualification management of the insured and dependent ones under Articles 5 and 7 through 9 of the Act;

2. Authorities on restrictions of insurance benefits under Article 48 of the Act;

3. Authorities on exercise of a right to indemnity under Article 53 of the Act;

4. Authorities on the imposition, collection, notice of payment, and urge of

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(2) The executive secretary shall administer offices of the finance operation committee under the order of the chairman.

AArrttiiccllee 2200 ((MMiinnuutteess ooff FFiinnaannccee OOppeerraattiioonn CCoommmmiitttteeee)) (1) The chairman shall prepare and maintain the minutes in regard to the meetings of the finance operation committee.

(2) The minutes under paragraph (1) shall contain the progress of meeting, deliberated matters and resolved matters, and be signed or sealed by the chairman and the members present.

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by the Minister of Finance and Economy, the Minister of Health and Wel- fare, and the Minister of Planning and Budget from among the public offi- cials who are not lower than Grade at the Ministry thereof, or the public officials in general service belonging to the Senior Civil Service. Amended by Presidential Decree No. 19513, Jun. 12, 2006 AArrttiiccllee 1188 ((OOppeerraattiioonn ooff FFiinnaannccee OOppeerraattiioonn CCoommmmiitttteeee)) (1) The meeting of the finance operation committee shall be held in a regular meeting and an extraordinary meeting.

(2) The regular meeting shall be convened by the chairman of the finance operation committee once in a year at the time determined by the articles of incorporation.

(3) The extraordinary meeting shall be convened by the chairman of the finance operation committee where the chief director of the Corporation requests for it, where not less than one third of the total members re- quest so, or where the chairman of the finance operation committee deems it necessary.

(4) The chairman of the finance operation committee shall preside over the meeting, and the meeting shall start a deliberation with the attendance of a majority of total members, and take a decision by a concurrent vote of a majority of those present.

(5) Matters necessary for the procedures to convene the meeting of the finance operation committee shall be determined by the articles of incorporation.

AArrttiiccllee 1199 ((EExxeeccuuttiivvee SSeeccrreettaarryy ooff FFiinnaannccee OOppeerraattiioonn CCoommmmiitttteeee)) (1) The finance operation committee shall have an executive secretary, and the chairman shall appoint him from among the personnel belonging to the Corporation.

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the process of the procedures for business suspension under Article 85 of the Act.

(2) In case where the medical institutions as prescribed under paragraph (1) 1 and 2 desire to be excluded from the medial care institutions, they shall file an application for exclusion from medical care institutions under the conditions as determined by the Minister of Health and Welfare. (3) The period of exclusion from medical care institutions for the medical institutions, etc. shall be not more than one year in the case of para- graph (1) 3, and not later than the end of the business suspension period in the case of paragraph (1) 4.Amended by Presidential Decree No. 17285, Jun. 30, 2001

AArrttiiccllee 2222 ((EExxppeennsseess BBoorrnnee bbyy PPrriinncciippaall)) (1) The rate and amount of shares to be borne by the principal from among the medical care benefits under Article 41 of the Act shall be shown in the attached Table 2. In this case, where the total amount of expenses to be borne by the principal (excluding the amount referred to in subparagraph 3 (a) of the attached Table 2) exceeds 2 million won in six months, the excess shall be borne by the Corporation.Amended by Presidential Decree No. 18461, Jun. 29, 2004; Presidential Decree No. 19818, Dec. 30, 2006; Presidential Decree No. 20190, Jul. 25, 2007 (2) The amount to be borne by the principal under paragraph (1) shall be paid by the insured or dependent persons to medical care institutions upon the claims from the medical care institutions. In this case, no expenses shall be claimed under other pretexts such as a hospitalization security, etc. other than the matters of medical care benefits or of non- medical care benefits as determined by the Ordinance of the Ministry of Health and Welfare under Article 39 (2) and (3) of the Act. (3) Where the amount to be borne by the Corporation under the latter part of

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AArrttiiccllee 2211 ((MMeeddiiccaall FFaacciilliittiieess,, eettcc.. EExxcclluuddeedd ffrroomm MMeeddiiccaall CCaarree IInnssttiittuuttiioonnss)) (1) The term "medical facilities, etc. determined by the Presidential Decree" in the latter part of Article 40 (1) of the Act means the medical insti- tutions or the drugstores of the following subparagraphs:Amended by Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 18909, Jun. 30, 2005

1. Attached medical institutions established under Article 31 of the Medical Service Act;

2. Medical institutions established with the purpose of medical treat- ment of the inmates of social service facilities under Article 34 of the Social Welfare Services Act;

3. Medical institutions falling under any of the following items, and which are subjected to business suspension, etc. due to activities of inducing the insured or dependent persons by means of not receiving the shares borne by the principals under Article 22 (1) or receiving in the mitigated amount, or committing excessive medical treatments in connection with it, or demanding unfairly expensive medical fees: (a) Medical institutions subjected to a business suspension or a disposition of penalty surcharge under Article 85 of the Act not less than twice in five years; and

(b) Medical institutions installed and operated by medical persons who have been subjected to a disposition of license suspension under Article 53 of the Medical Service Act not less than twice in five years; and

4. Medical institutions or drugstores installed by the founder of the medical care institutions subjected to a business suspension or under

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CHAPTER INSURANCE BENEFITS

5. The medical care benefit costs for midwives' center provided for in the provisions of Article 3 (7) of the Medical Service Act: One person from among the head of the association of midwives or the head of the association of nurses provided for in the provisions of Article 28 (1) of the Medical Service Act;

6. The medical care benefit costs for the drugstores provided for in the provisions of subparagraph 3 of Article 2 of the Medical Service Act and the Korea Orphan Drug Center provided for in the provisions of Article 91 of the same Act: The President of the Korean Pharmaceutical Association provided for in the provisions of Article 11 (1) of the Medical Service Act; and

7. The medical care benefit costs for the public health clinics, the public health and medical centers, the branches of the pubic health clinics provided for in the Regional Public Health Act and the public health and medical clinics provided for in the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc.: The person who is nominated by the Minister of Health and Welfare. [ThisArticleWhollyAmendedbyPresidentialDecreeNo.20288,Sep.27,2007] AArrttiiccllee 2244 ((DDeettaaiillss,, eettcc.. ooff CCoonnttrraacctt)) (1) The contract provided for in the provisions of Article 42 (1) of the Act shall be concluded between the chief director of the Corporation and the representatives provided for in the provisions of each subparagraph of Article 23 by the type of medical care institution by setting forth a unit price per point of the relative value points of each medical care benefit under paragraph(2).AmendedbyPresidentialDecreeNo.20288,Sep.27,2007 (2) The point of relative values of medical care benefits shall be those that have shown the values of medical care benefits in the relative points between each item, which are computed in consideration of business volumes such as hours and efforts required for medical care benefits, resource volumes

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paragraph (1) is paid by the insured or dependent persons to medical care institutions, the Corporation shall pay the excess to the insured or dependent persons.Newly Inserted by Presidential Decree No. 18461, Jun. 29, 2004

AArrttiiccllee 2233 ((PPaarrttyy ttoo CCoonnttrraacctt oonn MMeeddiiccaall CCaarree BBeenneeffiitt CCoossttss)) The person who represents the medical and pharmaceutical communities and is a party to the contract on the medical care benefit costs provided for in the provisions of Article 42 (1) of the Act shall be the person falling under each of the following subparagraphs:

1. The medical care benefit costs for general hospitals, hospitals and medical care hospitals from among the medical institutions provided for in the provisions of Article 3 (3) through (5) of the Medical Service Act: The head of the organization provided for in the provisions of Article 52 of the Medical Service Act;

2. The medical care benefit costs for hospitals from among the medical institutions provided for in the provisions of Article 3 (6) of the Medical Service Act: The head of the association of doctors provided for in the provisions of Article 28 (1) of the Medical Service Act;

3. The medical care benefit costs for dental hospitals and dental clinics from among the medical institutions provided for in the provisions of Article 3 (4) and (6) of the Medical Service Act: The head of the association of dentists provided for in the provisions of Article 28 (1) of the Medical Service Act;

4. The medical care benefit costs for Oriental medicine hospitals or Oriental medicine clinics from among the medical institutions provided for in the provisions of Article 3 (4) through (6) of the Medical Service Act: The head of the association of Oriental doctors provided for in the provisions of Article 28 (1) of the Medical Service Act;

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AArrttiiccllee 2255 ((OOppttiioonnaall BBeenneeffiitt)) (1) The optional benefit under Article 45 of the Act shall be the funeral expenses.Amended by Presidential Decree No. 20190, Jul. 25, 2007 (2) The funeral costs shall, in case where the insured or dependent persons have died, be paid to those who have performed the relevant funerals, and the payments shall be 250,000 won.

(3) Deleted.by Presidential Decree No. 20190, Jul. 25, 2007 AArrttiiccllee 2266 ((HHeeaalltthh CChheecckkuuppss)) (1) The health checkups (hereinafter referred to as the "health checkups") provided for in the provisions of Article 47 of the Act shall be conducted after they are classified into the general health checkup, the cancer checkup and the infant and child health checkup.

(2) Persons falling under each of the following subparagraphs are eligible for the health checkups:

1. The general health checkup: the employee insured, the the self- employed insured who are the heads of households, the the self- employed insured who are older than 40 years of age and the dependents who are older than 40 years of age;

2. The cancer checkup: The persons who are designated and published by the Minister of Health and Welfare as being necessary for the checkups taking into account the characteristics of the cancer types from among the persons who are eligible for the checkups referred to in subparagraph 1; and

3. The infant and child health checkup: The insured who are younger than 6 years of age and the dependants.

(3) The health checkup shall be conducted not less than once every 2 years and for the employee insured who do not work at desk, the health checkup shall be conducted once a year: Provided, That the infant and

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such as manpower, facilities and equipment, etc., and the danger level of medical care benefits; and the Minister of Health and Welfare shall publicly notify it via a deliberation in the Deliberative Committee, under the conditions as determined by the Ordinance of the Ministry of Health and Welfare.AmendedbyPresidentialDecreeNo.19818, Dec.30,2006 (3) Notwithstanding the provisions of paragraph (1), the expenses for the medicine and materials for medical treatment (excluding those to which the point of relative values applies in accordance with paragraph (2)) under Article 39 (1) 2 of the Act shall be the amount for purchasing the relevant medicines and materials for medical treatment by the medical care institutions within the limit of amounts to be publicly noticed by the Minister of Health and Welfare via a deliberation at the Deliberation Ccommittee; and the criteria and procedure for decision of purchasing amounts of medicines and materials for medical treatment and other necessary matters shall be determined and publicly noticed by the Minister of Health and Welfare: Provided, That the expenses for herbal medicines from among the medicines and materials for medical treatment shall be the amount publicly notified by the Minister of Health and Welfare via a deliberation at the deliberation and adjustment committee.Amended by Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 17476, Dec. 31, 2001; Presidential Decree No. 19818, Dec. 30, 2006 (4) In concluding a contract under paragraph (1), a contract on the expenses for the new medical care benefit item for which the point of relative values is not publicly noticed, shall be considered to have been concluded on the date when the point of relative values of the same item is publicly noticed under paragraph (2), but it shall be applied from the date when the medical care institutions have first delivered the medical care benefits for the same item.

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not notify him of the result of his health checkup. (7) The check items of the health checkup, the methods of the health checkup, expenses required therefor, procedures for notifying the result of health checkup and other necessary matters concerning the health checkup shall be determined and published by the Minister of Health and Welfare.

[ThisArticleWhollyAmendedbyPresidentialDecreeNo.20190,Jul.25,2007] AArrttiiccllee 2277 ((DDeelliinnqquueenntt PPeerriioodd ffoorr IInnssuurraannccee PPrreemmiiuummss)) The term "time period determined by the Presidential Decree" in Article 48 (3) oftheActmeansonemonth:Provided,Thatregardlessofthedelinquentperiod for insurance premiums, in case where the gross frequencies of delinquent insurance premiums by month (excluding the frequency of delinquent insurance premiums already paid, in computing the delinquent frequencies) are less than 3 times, the provisions of Article 48 (3) of the Act shall not be applied.AmendedbyPresidentialDecreeNo.19818,Dec.30,2006 AArrttiiccllee 2277--22 ((PPaayymmeenntt ooff MMeeddiiccaall CCaarree BBeenneeffiittss ttoo SSoollddiieerrss,, eettcc.. iinn AAccttiivvee SSeerrvviiccee))

(1) The term "medical treatment, etc. prescribed by the Presidential De- cree" in the former part of Article 54-2 (1) of the Act means any medical care benefit as referred to in Article 39 (1) 1 through 3 and 5 of the Act. (2) Pursuant to the latter part of Article 54-2 (1) of the Act, the Minister of Justice, Minister of National Defense, Administrator of the National Emergency Management Agency, Commissioner of the National Police Agency or Commissioner of the National Maritime Police Agency (hereinafter referred to as the "head of an agency") shall deposit in an account designated by the Corporation the medical care benefit expenses which are expected to be annually required of the agency concerned.

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child health checkup may be conducted according the frequency that is determined and published by the Minister of Health and Welfare taking into account the ages of the infant and child, etc. (4) The health checkup shall be conducted by medical care institutions (hereinafter referred to as the "checkup institutions") that have medical manpower, facilities and equipment, etc., which are published by the Minister of Health and Welfare.

(5) The Corporation shall, if it intends to conduct the health checkup, notify the persons eligible for the health check of the matters concerning the conduct of their health checkups according the classification falling under each of the following subparagraphs:

1. The general health checkup and the cancer checkup: In case where the health check is conducted for the employee insured the employers of them shall be notified of the health check and in case where the health check is conducted for the dependents of the employee insured and the the self-employed insured, the persons who undergo the health check shall be notified thereof; and

2. The infant and child health checkup: In case where the health checkup is conducted for infants and children who are the dependants of the employee insured, the relevant the employee insured shall be notified thereof and in case where the health checkup is conducted for infants and children of the the self-employed insured, their heads of their households shall be notified thereof.

(6) Checkup institutions that have conducted the health checkups shall notify the Corporation of the result of their health checkups and the Corporation shall notify persons who have undergone the health check- ups of the results of their health checkups: Provided, That in case where any checkup institution directly notifies anyone who has undergone the health checkup of the result of his health checkup, the Corporation may

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AArrttiiccllee 2288 ((OOppeerraattiioonnss))

(1) The term "operations prescribed by the Presidential Decree" in Article 56 (1) 7 of the Act means the operations falling under any of the following subparagraphs:AmendedbyPresidentialDecreeNo.17285,Jun.30,2001

1. Computer processing such as a development, supply and inspection of the softwares related to a request for the review of medical care benefits under Article 43 of the Act;

2. Review on the medical care benefits received by the institutions as determined by the Ordinance of the Ministry of Health and Welfare from among the medical care benefits which are paid under Article 44 (1) of the Act; and

3. Education and publicity related to the affairs under Article 56 (1) 1 through 6 of the Act.

(2) The scope of and procedures for the computer processing under para- graph (1) 1 and other necessary matters shall be determined and publicly notified by the Minister of Health and Welfare.Newly Inserted by Presidential Decree No. 17285, Jun. 30, 2001

AArrttiiccllee 2299 ((OOffffiicceerrss WWhhoo aarree PPuubblliicc OOffffiicciiaallss)) The term "relevant public officials determined by the Presidential Decree" in Article 58 (3) of the Act means a person designated by the Minister of Health and Welfare from among the public officials of Grade at the Ministry of Health and Welfare or the public officials belonging to the Senior Civil Service.Amended by Presidential Decree No. 19513, Jun. 12, 2006

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Amended by Presidential Decree No. 19202, Dec. 28, 2005 (3) The Corporation shall notify the operational situation of deposited money to the Minister of Health and Welfare and the head of an agency concerned every quarter.

(4) Where the medical care benefit expenses deposited by the head of an agency pursuant to paragraph (2) do not cover the medical care benefit expenses to be borne by the Corporation, the Corporation shall im- mediately request the head of an agency concerned to pay the deficiency and the head of the agency so requested shall pay it to the Corporation. [ThisArticleNewlyInsertedbyPresidentialDecreeNo.18379,Apr.24,2004]

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CHAPTER HEALTH INSURANCE

REVIEW BOARD

AArrttiiccllee 3311--22

Deleted.by Presidential Decree No. 19818, Dec. 30, 2006 AArrttiiccllee 3322

Deleted.by Presidential Decree No. 20190, Jul. 25, 2007 AArrttiiccllee 3333 ((MMoonneeyy aanndd VVaalluuaabblleess ttoo bbee IInncclluuddeedd iinn RReemmuunneerraattiioonnss)) (1) The term "money and valuables determined by the Presidential Decree" in the former part of Article 63 (3) of the Act means the pay, salary, remuneration, annual allowance, wage, bonus and allowances and the money and valuables similar to them payed in compensation for the provision of labor, from which those falling under any of the following subparagraphs are excluded:Amended by Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 18909, Jun. 30, 2005

1. Retirement pay;

2. Prize money, translation fees and money for manuscripts; and

3. Tax-exempt earned income under the Income Tax Act: Provided, That the case falling under any of the following items shall be excluded: (a) Incomes not taxable under subparagraph 4 (i), (k) and (m) of Ar- ticle 12 of the Income Tax Act; and

(b) Subsidiestopost-classesormoneyandothervaluablesequivalenttothem. (2) The term "cases where there exist no data related to the remuneration or they are obscure and falling under the reasons as prescribed by the Presidential Decree" in the latter part of Article 63 (3) of the Act means the cases where the wage-related data are nonexistent or indistinct. Newly Inserted by Presidential Decree No. 17285, Jun. 30, 2001

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AArrttiiccllee 3300 ((DDeelleeggaattiioonn ooff AAuutthhoorriittiieess ooff DDiirreeccttoorr)) The Director of the Health Insurance Review Board (hereinafter referred to as the "Review Board") shall, under the provisions of Article 30 of the Act applied mutatis mutandis under Article 61 of the Act, delegate the authorities of medical care institutions, except for the medical care institutions falling under any of the following subparagraphs, on reviewing the medical care benefit costs as stipulated in Article 43 (2) of the Act and on deciding on the objections as described in Article 76 (2) of the Act, to the head of branch office:Amended by Presidential Decree No. 18379, Apr. 24, 2004

1. SpecializedgeneralmedicalcareinstitutionsunderArticle40(2)oftheAct;and

2. Medical care institutions determined by the articles of incorporation of the Review Board.

AArrttiiccllee 3311 ((PPrroovviissiioonnss AApppplliieedd MMuuttaattiiss MMuuttaannddiiss)) The provisions of Articles 13 (excluding subparagraphs 4 and 8) and 14 shall apply mutatis mutandis to the matters deliberated and resolved by the Review Board, and to the meetings of board of directors of the Review Board. In this case, the "Corporation" shall be considered as the "Review Board", and the "chief director" as the "Director".

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CHAPTER INSURANCE PREMIUM

(2) The application period of insurance premiums computed under each subparagraph of paragraph (1) shall be as follows:

1. The insured under paragraph (1) 1: From the month whereto belongs the day when a qualification is acquired or changed (referring to the month following the month whereto belongs a day when a qualification is changed, in case where a qualification is changed after the second of each month) to March of the following year; and

2. The insured under paragraph (1) 2: From April every year to March of the following year.

AArrttiiccllee 3355 ((NNoottiiffiiccaattiioonn ooff RReemmuunneerraattiioonnss,, eettcc.. ffoorr CCoommppuuttiinngg MMoonntthhllyy RReemmuunneerraattiioonn AAmmoouunntt)) (1) The employers shall, under Article 63 (4) of the Act, notify the Corporation not later than the end of February each year of the matters necessary for computing the monthly remuneration amount, such as the gross amount of remunerations paid in the preceding year to the employee insured (referring to the gross amount of remunerations paid from January to December by the employee insured, which are the amounts computed under Article 63 of the Act and Article 33 of this Decree; hereinafter the same shall apply), and the period in which the employee insured have engaged in the relevant business place, the State, local government, private school or its school management agency (hereinafter referred to as the "relevant business place, etc."). In such case, as regards the employee insured under the proviso of Article 34 (1), the notification of the matters required for the computation of the monthly remuneration amount may be omitted.Amended by Presidential Decree No. 17067, Dec. 30, 2000; Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 19818, Dec. 30, 2006

(2) The employers shall, under Article 63 (4) of the Act, notify the Cor-

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(3) In case where the wages of workers in the business place are verified during the period of applying the amount publicly notified by the Minister of Health and Welfare under the latter part of Article 63 (3) of the Act, the relevant publicly-notified amount may not be applicable from the month following the month whereto belongs the date of verification by the Corporation. Newly Inserted by Presidential Decree No. 17285, Jun. 30, 2001 AArrttiiccllee 3344 ((PPrriinncciippllee ooff IImmppoossiinngg IInnssuurraannccee PPrreemmiiuumm oonn tthhee eemmppllooyyeeee iinnssuurreedd))

(1) Pursuant to Article 63 (1) of the Act, an insurance premium for the employee insured shall be imposed every year on the basis of the monthly remuneration amount computed by the divisions falling under the following subparagraphs, and such monthly wage shall be again computed under Article 39 on the basis of the gross remuneration amount during the relevant year, which shall be confirmed in the following year, and settled accordingly: Provided, That as regards the employee insured subjected to the amount publicly notified by the Minister of Health and Welfare under the latter part of Article 63 (3) of the Act, the settlement of premiums imposed during the period of applying the relevant publicly notified amount may be omitted:Amended by Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 19818, Dec. 30, 2006

1. Persons who acquire a qualification of the employee insured, or such a qualification is changed into another employee insured or it was changed from the self-employed insured to the employee insured: The monthly remuneration amount when a qualification is acquired or changed under Article 37; and

2. The employee insured not equivalent to subparagraph 1: The monthly remuneration amount computed under Article 36 on the basis of gross remunerations received in the preceding year.

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Amended by Presidential Decree No. 19818, Dec. 30, 2006 (3) The Corporation may, in case where the employers fail to notify under Article 35 or where the details of such report are different from the facts, investigate the relevant facts and compute or change the monthly wage under Article 82 of the Act, and where in receipt of an application for changes of the monthly wage amount under paragraph (2), change the monthly wage from the month of increasing wages or the month of decreasing wages.Amended by Presidential Decree No. 17067, Dec. 30, 2000; Presidential Decree No. 19818, Dec. 30, 2006 (4) In case where the monthly wage for each of the employment provided insured, which is calculated pursuant to the provisions of paragraphs (1) through (3) for each of the insured falls short of 280,000 won, such monthly wage shall be made 280,000 won and in case where the amount of monthly wage for any of the insured is in excess of 65,790,000 won, the monthly wage for him shall be made 65,790,000 won.Amended by Presidential Decree No. 19818, Dec. 30, 2006

(5) In case where any insured is being payed his wages by not less than 2 business places to which the health insurance is applied, his monthly wage shall be determined respectively taking into account the wages that are paid by such business places to him.Newly Inserted by Presidential Decree No. 19818, Dec. 30, 2006

(6) The methods of computation of monthly wage, in case where the monthly wage of the employee insured is difficult to be computed under Articles 33 through 38 or where there exist no data enabling to verify the wages, as well as the required matters such as an application for changes of the monthly wage when increasing or decreasing the wages, shall be determined by the articles of incorporation of the Corporation through a resolution by the finance operation committee.Amended by Presidential Decree No. 19818, Dec. 30, 2006

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poration of the matters required for the computation of the monthly wage, such as the gross amount of remunerations paid to all employment pro- vided insured who have been engaged, appointed or employed until then (in the case of subparagraph 4, the relevant the employee insured), in case where the relevant business place comes to fall under any of the following subparagraphs:Amended by Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 19818, Dec. 30, 2006

1. Where the business place is closed, bankrupted or faced with the causes corresponding thereto;

2. Deleted;by Presidential Decree No. 18909, Jun. 30, 2005

3. Where a private school is abolished; and

4. Where some of the employee insured retire. AArrttiiccllee 3366 ((DDeecciissiioonn,, eettcc.. oonn MMoonntthhllyy RReemmuunneerraattiioonn AAmmoouunntt)) (1) The Corporation shall decide the amount obtained by dividing the gross remuneration amount notified under Article 35 by the number of months, which the employee insured has engaged during the preceding year in the relevant business place, etc., as the monthly remuneration: Provided, That in case where the employers have notified the Corporation of the average increase or decrease rate of remunerations during the relevant business year in the relevant business places, etc., the monthly remuneration amount shall be determined every year by making the amount computed after reflecting the relevant average increase or decrease rate to the amount calculated under the provision of the text. Amended by Presidential Decree No. 17067, Dec. 30, 2000; Presidential Decree No. 19818, Dec. 30, 2006

(2) The employers may, in case where the remunerations to the relevant the employee insured are increased or decreased, file an application with the Corporation for the change of the monthly remuneration amount.

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mutandis to the application period and procedures for changes of the monthly remuneration amount:Amended by Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 19818, Dec. 30, 2006

1. In case where the revenue that is produced to the relevant business place during the relevant year and is prescribed by the Ordinance of the Ministry of Health and Welfare and the amount thereof is verified by objective data; and

2. In case where there exist no objective data enabling to verify the in- come, the amount returned by the employer.

(2) Notwithstanding the provisions of paragraph (1) 1 and 2, in case where the confirmed amount referred to in subparagraph 1 of the same paragraph or the reported amount referred to in subparagraph 2 of the same paragraph is smaller than the monthly wage of the worker who is paid the highest monthly wage in the relevant business place, the monthly remuneration amount for the relevant workers shall be the monthly wage of the employer.Amended by Presidential Decree No. 19818, Dec. 30, 2006

AArrttiiccllee 3399 ((SSeettttlleemmeenntt ooff IInnssuurraannccee PPrreemmiiuummss'' AAccccoouunnttss aanndd PPaayymmeenntt bbyy IInnssttaallllmmeenntt))

(1) The Corporation shall, in case where the amount of insurance premium that is initially computed and collected is in excess of the amount of insurance premiums computed again pursuant to the provisions of Articles 34 through 38, refund such excessive amount to the employer, and in the case of falling short of it, collect in addition the difference from the employer.Amended by Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 20190, Jul. 25, 2007

(2) The employer shall, in case where the relations of employment, ap- pointment and engagement of the employee insured are completed, go

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AArrttiiccllee 3377 ((DDeecciissiioonn oonn MMoonntthhllyy WWaaggee wwhheenn AAccqquuiirriinngg oorr CChhaannggiinngg QQuuaalliiffiiccaattiioonn ooff tthhee eemmppllooyyeeee iinnssuurreedd)) The Corporation shall, in case where any person acquires a qualification of the employee insured or changes into another employment provided one or changes from the self-employed one to the employee one, decide on amount of the monthly wage by making the amount based upon divisions falling under any of the following subparagraphs for the relevant insured: Amended by Presidential Decree No. 19818, Dec. 30, 2006

1. In case where the wage is determined by year, quarter, month, week and other specified period, the amount equivalent to 30 times of the amount obtained by dividingtherelevantwagebytotalnumberofdaysintherelevantperiod;

2. In case where the wage is determined by day, hour, production volume or contract, the amount obtained by taking an average of wages of persons who receive the same wage by engaging in the same business as the relevant policyholder at the relevant business place during one month preceding the month when acquiring a qualification of the employee insured or changing the qualifications; and

3. With respect to those whose monthly wage is difficult to be computed under subparagraphs 1 and 2, the amount obtained by taking an average of wages received by those who engage in the same business during one month preceding the month when a qualification of the employee insured is acquired or the qualification is changed.

AArrttiiccllee 3388 ((DDeecciissiioonn oonn MMoonntthhllyy RReemmuunneerraattiioonn AAmmoouunntt ffoorr EEmmppllooyyeerrss wwhhoo RReecceeiivvee nnoo WWaaggeess)) (1) The monthly remuneration amount for each of the employers who receive no wages under Article 63 (4) of the Act shall be computed by the methods falling under any of the following subparagraphs. In this case, the provisions of Articles 34 through 36 shall be applied mutatis

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2. Property; and

3. The standard of living and the rate of participation in economic activity. (2) The income as provided in paragraph (1) 1 shall be as follows:Amended by Presidential Decree No. 18909, Jun. 30, 2005

1. Global income as provided in Article 4 (1) 1 of the Income Tax Act; and

2. Agricultural income as provided in Article 197 of the Local Tax Act. (3) The property as provided in paragraph (1) 2 shall be as follows: Amended by Presidential Decree No. 18669, Jan. 5, 2005; Presidential Decree No. 18909, Jun. 30, 2005

1. Land, building, housing, vessel, and airplane which are liable for taxation of the property tax pursuant to Article 181 of the Local Tax Act: Provided, That this shall not include family property, village property, and other similar buildings and land provided for the purpose of common use;

2. Deleted;by Presidential Decree No. 18909, Jun. 30, 2005

3. For persons who have no houses, the guarantee money and monthly rent for the leased houses; and

4. Automobiles as provided in Article 196-2 of the Local Tax Act: Pro- vided, That this shall not include the following: (a) Automobiles owned by the persons who have rendered distin- guished services to the State and are judged to have suffered physical disability falling within the degree of injury under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State;

(b) Automobiles owned by the disabled persons who are registered in accordance with the Welfare of Disabled Persons Act; (c) Automobiles exempted from taxation under Article 7 of the Local Tax Act; and

(d) Automobiles for business use under Article 146-3 of the Enforce- ment Decree of the Local Tax Act.

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through the procedure for settling accounts with the Corporation, after settling accounts with the worker by computing once again the insurance premiums already paid by the relevant employment provided policyholder: Provided, That as regards the employee insured to whom the amount publicly notified by the Minister of Health and Welfare under the latter part of Article 63 (3) of the Act is applied, the accurate account of the premiums imposed during the period whereto the publicly notified amount is applied may be omitted.Amended by Presidential Decree No. 17285, Jun. 30, 2001

(3) The employer shall, with respect to the amount to be refunded to or to be borne by the employee insured from among the amount to have been refunded or to have paid in addition under paragraph (1), settle accounts with the relevant the employee policyholder.

(4) The Corporation may, in case where collecting in addition under paragraph (1), make it paid in installment, and the person subject to such payment in installment and other necessary matters shall be determined by the articles of incorporation of the Corporation. AArrttiiccllee 4400 ((VVaalluueess ooff RReemmuunneerraattiioonn iinn KKiinndd)) In case where the whole or part of remunerations is paid in kind, the relevant values shall be determined by the Corporation on the basis of current prices in the relevant regions.

AArrttiiccllee 4400--22 ((SSttaannddaarrddss ffoorr CCaallccuullaattiinngg CCoonnttrriibbuuttiioonn PPooiinnttss)) (1) The contribution point referred to in the provisions of Article 64 (1) of the Act shall be calculated by taking into account the following matters, but the concrete methods of calculation shall follow the attached Table 4-2: Amended by Presidential Decree No. 19818, Dec. 30, 2006

1. Income;

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automatic account transfer, reduce the insurance premiums or provide money or valuables equivalent to the reduced premium within the limit of forwarding expenses such as postage, etc., under the conditions as determined by the articles of incorporation of the Corporation.Amended by Presidential Decree No. 20190, Jul. 25, 2007

AArrttiiccllee 4433--22 ((IInnssuurraannccee PPrreemmiiuumm RRaattee aanndd AAmmoouunntt PPeerr CCoonnttrriibbuuttiioonn RRaattee)) (1) The insurance premium rate for each of the employee insured provided for in the provisions of Article 65 (1) of the Act shall be made 477/10,000. (2) The amount per contribution point for each of the self-employed insured provided for in the provisions of Article 65 (3) of the Act shall be made 139.90 won.

[ThisArticleWhollyAmendedbyPresidentialDecreeNo.19818,Dec.30,2006] AArrttiiccllee 4433--33 ((AArreeaass SSuubbjjeecctt ttoo RReedduuccttiioonn ooff IInnssuurraannccee PPrreemmiiuummss)) The term "areas including any island, any isolated area and any agricultural and fishing village, which are prescribed by the Presidential Decree" in Article 66-2 (1) 1 of the Act means the areas falling under any of the following subparagraphs:

1. The island area and the isolated area that are determined and published by the Minister of Health and Welfare as the areas that are located far from the medical care institution and from which a long time is taken for anyone to reach the medical care institution by means of mass transit system;

2. The agricultural and fishing village that falls under any of the following items: (a) Gun and Eup/Myeon area of the Si that takes the combined urban- rural form; and

(b) The area that falls under subparagraph 1 (b) of Article 2 of the Special Act on Improvement of Public Health and Welfare for Agricultural and Fishing Village Residents and Article 33 of the same Act; and

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(4) In case where the contribution point of each of the self-employed insured, which is calculated according to the provisions of paragraphs (1) through (3), is less than 20 points, the contribution point of them shall be made 20 points and in case where the contribution point is in excess of 11,000 points, the contribution point thereof shall be made 11,000 points. Newly Inserted by Presidential Decree No. 19818, Dec. 30, 2006 [ThisArticleNewlyInsertedbyPresidentialDecreeNo.17476,Dec.31,2001] AArrttiiccllee 4411 ((SSeeppaarraattiioonn ooff HHoouusseehhoolldd ooff tthhee sseellff--eemmppllooyyeedd iinnssuurreedd)) The Corporation may, with respect to the self-employed insured who are not in the same housekeeping unit with the relevant household from among the self-employed insured, separate the household upon an application by the relevant householder or the relevant the self-employed insured under the conditions as determined by the articles of incorporation of the Corporation. AArrttiiccllee 4422 ((PPaayymmeenntt ooff IInnssuurraannccee PPrreemmiiuummss wwhheenn PPuubblliicc OOffffiicciiaallss TTrraannssffeerrrreedd))

In case where the employee insured who is a public offiial is transferred to another agency, the insurance premium for the month whereto belongs the date of transfer shall be paid by the head of agency prior to such transfer by deducting it: Provided, That when the agency prior to such transfer did not pay the wage for the month of transfer, the moving in agency shall pay it by deducting the same.

AArrttiiccllee 4433 ((RReedduuccttiioonn,, eettcc.. ooff IInnssuurraannccee PPrreemmiiuummss ffoorr AAccccoouunntt TTrraannssffeerreerr,, eettcc..))

The Corporation may, in case where persons liable for paying insurance premiums are notified of the payments of their insurance premiums by means of electronic document or pay their insurance premiums by means of AArrttiiccllee 4477 ((OObbjjeeccttiioonn FFiilliinngg CCoommmmiitttteeee)) The objection filing committee shall be established in the Corporation and the Review Board, respectively, in order to efficiently perform the disposition affairs for filing objections under Article 76 (1) and (2) of the Act. AArrttiiccllee 4488 ((CCoommppoossiittiioonn,, eettcc.. ooff OObbjjeeccttiioonn FFiilliinngg CCoommmmiitttteeee)) (1) The objection filing committees (hereinafter referred to as the "objection filing committee") under Article 47 shall consist of 25 members including one chairman respectively.Amended by Presidential Decree No. 20190, Jul. 25, 2007

(2) The chairman of the objection filing committee to be established in the Corporation shall be the chief director of the Corporation, and its members shall be appointed or commissioned by the chief director of the Corporation from among those falling under any of the following subparagraphs: AmendedbyPresidentialDecreeNo.20190,Jul.25,2007

1. One person who is officer or employee of the Corporation;

2. 8 persons who are composed of 4 persons recommended by the em- ployers' organization and 4 persons recommended by the workers' organization, respectively;

3. 8 persons who are composed of 2 persons recommended by the civil organization, 2 persons recommended by the consumers' organi- zation, 2 persons recommended by the farmers and fishermen' or- ganization and 2 persons recommended by the self-employed persons' organization;

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3. The area that is recognized by the Minister of Health and Welfare taking into account the characteristics of the working place that has limited access to the medical care institution.

[This Article Newly Inserted by Presidential Decree No. 20190, Jul. 25, 2007] AArrttiiccllee 4444 ((DDiissppoossaall ooff DDeeffiicciitt)) The term "other case determined by the Presidential Decree where any possibility of collection is not existing" in Article 72 (1) 3 of the Act means the cases falling under any of the following subparagraphs:

1. Where the delinquent do not possess any property, or where verified that the estimated value of total properties subjected to delinquent dispositions does not have any room left for the remainder accruing after appropriating to the expenses for delinquent dispositions;

2. Where verified that the total properties subjected to delinquent dispositions do not have any room left for the remainder accruing after appropriating to the repayment of claims secured under national taxes, local taxes, lease on deposit base, pledge or mortgage which take precedence over the insurance premiums and other collectable amounts under this Act; and

3. Where the finance operation committee has resolved that there exist no possibilities to collect.

AArrttiiccllee 4455

Deleted.by Presidential Decree No. 17476, Dec. 31, 2001 AArrttiiccllee 4466

Deleted.by Presidential Decree No. 17067, Dec. 30, 2000

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CHAPTER APPLICATION FOR

OBJECTION & REQUEST FOR

REVIEW, ETC.

(3) The meeting of the objection filing committee shall open with the attendance of a majority of the members referred to in paragraph (2) and resolve with the concurrent vote of a majority of those present. (4) The members who are present at the meetings of the objection filing committee with the exception of the chairman and officers and employees working for the committee shall be paid allowances, travel expenses and other necessary expenses within limits of budget. (5) The scope of items put on the agenda of the objection filing committee and other necessary matters concerning the operation of the committee shall be determined by the chairman after going through the resolution thereof of the committee.

[ThisArticleNewlyInsertedbyPresidentialDecreeNo.20190,Jul.25,2007] AArrttiiccllee 4499 ((MMooddeess ooff FFiilliinngg OObbjjeeccttiioonnss,, eettcc..)) The objection filing and the decision on it under Article 76 (1) and (2) of the Act shall be based on the forms determined by the Ordinance of the Ministry of Health and Welfare.

AArrttiiccllee 5500 ((NNoottiiffiiccaattiioonn ooff DDeecciissiioonn oonn OObbjjeeccttiioonn FFiilliinngg)) The Corporation or the Review Board shall, in case where it has made a decision on the objection filing, without delay notify the applicant with the original of such decision, and the interested parties with its copies. AArrttiiccllee 5511 ((PPeerriioodd ffoorr DDeecciissiioonn oonn OObbjjeeccttiioonn FFiilliinngg)) (1) The Corporation or the Review Board shall make a decision within 60 days since receipt of an objection filing: Provided, That in case where there exist unavoidable reasons, it may extend the relevant period within the limit of 30 days.

(2) In case where the period for decision is extended under the proviso of

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4. 7 persons who are composed of lawyers and the persons of profound learning and experience in the social insurance and the medical ser- vice; and

5. Deleted.by Presidential Decree No. 20190, Jul. 25, 2007 (3) The chairman of the objection filing committee to be established in the Review Board shall be the Director of the Review Board, and its mem- bers shall be appointed or commissioned by the Director of the Review Board from among those falling under any of the following subpara- graphs:Amended by Presidential Decree No. 20190, Jul. 25, 2007

1. One person who is officer or employee of the Review Board;

2. Five persons who are recommended by the organization representing insured (including the non-governmental organizations);

3. Four persons who are lawyers and persons of learning and experience in social insurances, respectively; and

4. 14 persons who are recommended by the medical organization. (4) The terms of office of the members who are commissioned pursuant to the provisions of paragraphs (2) and (3) shall be 3 years.Amended by Presidential Decree No. 20190, Jul. 25, 2007

AArrttiiccllee 4488--22 ((OOppeerraattiioonn ooff OObbjjeeccttiioonn FFiilliinngg CCoommmmiitttteeee)) (1) The chairman (hereafter referred to as the "chairman" in this Article) of the objection filing committee shall convene every meeting of the objection filing committee and preside over such meeting. In this case, if the chairman is unable to perform his duty on the grounds of inevita- bility, any member who is nominated by the chairman shall act on behalf of the chairman in performing the latter's duty.

(2) The meeting of the objection filing committee shall open with the attendance of the chairman and 6 members who are designated by the chairman whenever the meeting is held.

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Mediation Committee within 10 days from the date of receiving the rel- evant manuscript or duplicate.

AArrttiiccllee 5533 ((NNoottiiccee ooff DDeecciissiioonn oonn RReeqquueesstt ffoorr RReevviieeww)) When the chairman of the Dispute Mediation Committee has made a deci- sion on request for review, he shall affix his signature or sign and seal the written decision stating the following matters, and without delay notify the applicant of the original of such written decision, and the person performing the original dispositions and the persons interested of the copy:Amended by Presidential Decree No. 17067, Dec. 30, 2000

1. Name, resident registration number and address of the applicant;

2. Person who has performed the original disposition;

3. Text of the decision;

4. Intent of a request for review;

5. Reasons for the decision; and

6. Date of the decision. AArrttiiccllee 5544 ((CCoommppoossiittiioonn,, eettcc.. ooff DDiissppuuttee MMeeddiiaattiioonn CCoommmmiitttteeee)) (1) The Dispute Mediation Committee shall consist of 15 members including one chairman.

(2) Its members shall be appointed or commissioned by the Minister of Health and Welfare from among those falling under the following subparagraphs:Amended by Presidential Decree No. 18909, Jun. 30, 2005; Presidential Decree No. 19513, Jun. 12, 2006

1. Person who is or was in office as a public official of Grade or higher or a public official in general service belonging to the Senior Civil Service;

2. Person who is qualified for a judge, public prosecutor or lawyer;

3. Person who engages in a post of an associate professor or higher in the field related to social insurances or medical treatment at the

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paragraph (1), a notice thereof shall be served to the applicant not later than 7 days prior to the expiration of such period for decision. AArrttiiccllee 5522 ((MMooddeess,, eettcc.. ooff RReeqquueessttss ffoorr RReevviieeww)) (1) A person who intends to request for a review under Article 77 (1) of the Act shall submit a written request for review stating the matters falling under any of the following subparagraphs to the Health Insurance Dispute Mediation Committee (hereinafter referred to as the "Dispute Mediation Committee") within 90 days from the date of receiving a no- tice of decision on filing objections:

1. Name, resident registration number and address of the applicant and a person subjected to a disposition;

2. Person who has performed the original disposition (in case where the Corporation or a branch office of the Review Board has performed the original disposition, means the head of relevant branch office; hereinafter the same shall apply);

3. Purport of original disposition, and the date when one comes to know that the original disposition is made;

4. Intent of a request for review and its reasons;

5. In case where the applicant is not a person subjected to a disposition, the relation with him;

6. Indication of attached documents; and

7. Whether there is a public notice on a request for review, and its details. (2) In case where the Dispute Mediation Committee is in receipt of a re- quest for review under paragraph (1), it shall without delay forward its manuscript or duplicate to the person who has performed the original disposition and the persons interested, and the person who has per- formed the original disposition shall submit the written replies and a duplicate of the written decision on request for review to the Dispute

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AArrttiiccllee 5588 ((EExxeeccuuttiivvee SSeeccrreettaarryy ooff DDiissppuuttee MMeeddiiaattiioonn CCoommmmiitttteeee)) (1) The Dispute Mediation Committee shall have one executive secretary, who shall be appointed by the Minister of Health and Welfare from among public officials under his jurisdiction.

(2) The executive secretary shall deal with the affairs of the Dispute Mediation Committee under the order of the chairman. AArrttiiccllee 5599 ((AAlllloowwaanncceess ffoorr MMeemmbbeerrss ooff DDiissppuuttee MMeeddiiaattiioonn CCoommmmiitttteeee)) Allowances, travel expenses and other necessary expenses may be paid to the members who attend the Dispute Mediation Committee within the limit of budgets: Provided, That this shall not apply to the case where the members who are public officials attend in direct connection with their competent duties.

AArrttiiccllee 6600 ((PPrroovviissiioonnss AApppplliieedd MMuuttaattiiss MMuuttaannddiiss)) The provisions of Article 51 shall apply mutatis mutandis to the Dispute Mediation Committee. In this case, the term "Corporation or Review Board" shall be considered as "Dispute Mediation Committee", "objection filing" as "request for review", and "person filing objection" as "applicant".

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school under subparagraphs 1 through 3 of Article 2 of the Higher Education Act; and

4. Person who is recognized by the Minister of Health and Welfare as so qualified from among those of learning and experience in social insurances or medical treatment.

AArrttiiccllee 5555 ((CChhaaiirrmmaann ooff DDiissppuuttee MMeeddiiaattiioonn CCoommmmiitttteeee)) (1) The chairman of the Dispute Mediation Committee shall be the head of the insurance and pension policy headquarters of the Ministry of Health and Welfare.Amended by Presidential Decree No. 17285, Jun. 30, 2001; Presidential Decree No. 19093, Oct. 21, 2005

(2) In case where the chairman is unable to perform his duties due to inevitable reasons,thememberdesignatedbythechairmanshallactonbehalfofhim. AArrttiiccllee 5566 ((TTeerrmm ooff OOffffiiccee ffoorr MMeemmbbeerrss ooff DDiissppuuttee MMeeddiiaattiioonn CCoommmmiitttteeee)) The term of office for the members of the Dispute Mediation Committee shall be three years: Provided, That the term of office for members who are public officials shall be the period of service at the relevant post. AArrttiiccllee 5577 ((MMeeeettiinngg ooff DDiissppuuttee MMeeddiiaattiioonn CCoommmmiitttteeee)) (1) The chairman of the Dispute Mediation Committee shall convene and preside over the meeting of the Dispute Mediation Committee. (2) The meeting of the Dispute Mediation Committee shall be opened with the attendance of a majority of the total members, and take decision with a concurrent vote of a majority of those present. (3) Except as otherwise prescribed by this Decree, matters necessary for the operation of meetings of the Dispute Mediation Committee shall be determined by the chairman via resolution of the Dispute Mediation Committee.NewlyInsertedbyPresidentialDecreeNo.17067,Dec.30,2000

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committee shall be appointed by the chief director of the Corporation from among the officers and staff under his command. (5) The members of the income reduction and omission investigation committee shall be the persons falling under the following subparagraphs, and they shall be appointed or commissioned by the chief director of the Corporation:Amended by Presidential Decree No. 19513, Jun. 12, 2006

1. One staff of the Corporation;

2. One person each designated by the head of the agency which he is attached to from among the public officials of Grade or higher who are under the control of the Ministry of Health and Welfare and the National Tax Service, or the public officials in general service be- longing to the Senior Civil Service; and

3. One certified tax accountant or one certified public accountant. (6) Necessary matters regarding the operation of the income reduction and omission investigation committee shall be prescribed by the chief director of the Corporation.

[This Article Newly Inserted by Presidential Decree No. 18909, Jun. 30, 2005] AArrttiiccllee 6600--33 ((RReefflleeccttiioonn ooff DDaattaa FFuurrnniisshheedd bbyy NNaattiioonnaall TTaaxx SSeerrvviiccee)) The Corporation who has received the matters regarding remuneration or income sent by the Commissioner of the National Tax Service pursuant to the provisions of Article 82-2 (2) of the Act shall reflect the result to the remuneration or income of the relevant policyholder. [This Article Newly Inserted by Presidential Decree No. 18909, Jun. 30, 2005] AArrttiiccllee 6611 ((CCrriitteerriiaa ffoorr AAddmmiinniissttrraattiivvee DDiissppoossiittiioonn SSuucchh aass PPeennaallttyy SSuurrcchhaarrggee))

(1) The criteria for the business suspension of medical care institutions and

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AArrttiiccllee 6600--22 ((PPrroocceedduurree ooff DDeelliivveerryy ooff DDaattaa oonn RReedduucceedd oorr OOmmiitttteedd IInnccoommee)) (1) In case where it is deemed that the reduction or omission of income, etc. is in doubt when the remuneration, income, etc. that the employer or householder reported pursuant to the provisions of Article 82-2 (1) of the Act fall under the following subparagraphs 1 through 3, or when the employer or householder who is liable to submit data pursuant to the provisions of Article 82 of the Act falls under the following subparagraph 4, the Corporation shall present the data to the Minister of Health and Welfare, and deliver the data to the Commissioner of the National Tax Service after going through the investigation of the income reduction and omission investigationcommitteepursuanttotheprovisionsofparagraph(2):

1. WhereitisdifferentfromtheincomereportedtotheNationalTaxService;

2. Where it is below the average income, etc. of the relevant industrial classification and occupational classification;

3. Where it is different from the content of wage ledger, or other income- related papers, documents, etc.; and

4. Where he refuses to submit without any justifiable reason the papers, documents, etc. relating to income, etc., which the Corporation asked him to present, or where he delays presentation for not less than three months,orherefusestocomplywiththeinvestigationthreetimesormore. (2) The income reduction and omission investigation committee shall be established in the Corporation to investigate reduction or omission of income, etc. under paragraph (1).

(3) The income reduction and omission investigation committee shall consist of five members including the chairman.

(4) The chairman of the income reduction and omission investigation

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CHAPTER SUPPLEMENTARY PROVISIONS

insurance premiums, payment of insurance benefit costs or verification of payment of insurance premiums to postal service agencies or financial institutions under Article 89 (1) of the Act, a resolution by the board of directors of the Corporation shall be obtained with respect to the selection of agencies to be entrusted and the details of entrustment contract. AArrttiiccllee 6644 ((FFoorreeiiggnneerrss,, eettcc.. ttoo bbee iinnssuurreedd)) (1) Overseas Korean nationals or foreigners who are eligible for the employee insured under Article 93 (2) of the Act shall be those falling under any of the following subparagraphs who work at a business place whose employees become the employee insured or who are employed or appointed as public officials, teachers or school staff members: Provided, That one who falls under any subparagraph of Article 6 (2) of the Act shall be excluded:

1. A person who has filed an alien registration under Article 31 of the Immigration Control Act; and

2. A person who has reported on his place of residence in Korea under Article 6oftheActontheImmigrationandLegalStatusofOverseasKoreans. (2) Overseas Korean nationals or foreigners who do not fall under para- graph (1) but fall under any of the following subparagraphs shall be eligible for the self-employed insured to whom this Act applies upon an application of the person in question:

1. A person who has filed an alien registration under Article 31 of the Immigration Control Act and who holds his sojourn status as deter- mined by the Ordinance of the Ministry of Health and Welfare; and

2. A person who falls under paragraph (1) 2. (3) Notwithstanding the provisions of paragraphs (1) and (2), anyone who falls under any of the following subparagraphs may not be a policy- holder under this Act:

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for the imposition of penalty surcharge under Article 85 (1) and (2) of the Act shall be as shown in the attached Table 5.

(2) The procedure for collection of penalty surcharge shall be determined by the Ordinance of the Ministry of Health and Welfare. AArrttiiccllee 6622 ((SSiizzee ooff SSuuppppoorrtt ffrroomm PPeennaallttyy SSuurrcchhaarrggeess)) (1) Sizes of support by usage of penalty surcharge under Article 85 (5) of the Act shallbeasfollows:AmendedbyPresidentialDecreeNo.18909,Jun.30,2005

1. Support of funds needed for medical care benefit costs paid by the Corporation under the main sentence of Article 43 (3) of the Act: One half of revenues of penalty surcharges; and

2. Support to the emergency medical services fund under the Emergency Medical Service Act: One half of revenues of penalty surcharges. (2) The chief director of the Corporation and the person entrusted with the management and operation of the emergency medical services fund under Article 19 (2) of the Emergency Medical Service Act, shall submit to the Minister of Health and Welfare the plans for operations for the following year of the penalty surcharges supported under paragraph (1) and the actual results of uses during the preceding year not later than April 30 each year.Amended by Presidential Decree No. 18909, Jun. 30, 2005 (3) The Minister of Health and Welfare shall determine the support amount from penalty surcharges for the following year in view of the plans for operations of penalty surcharges and the actual results of penalty surcharge uses which he has received under paragraph (2), and reflect such amount on the budget under the conditions as determined by the State Finance Act. AmendedbyPresidentialDecreeNo.19806,Dec.29,2006

AArrttiiccllee 6633 ((DDeelleeggaattiioonn ooff OOppeerraattiioonnss)) In case where intending to delegate the operations related to receipt of

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AArrttiiccllee 6655 ((IImmppoossiittiioonn aanndd CCoolllleeccttiioonn ooff FFiinnee ffoorr NNeegglliiggeennccee)) (1) The Minister of Health and Welfare shall, in case where he intends to impose a fine for negligence under Article 100 (1) of the Act, notify in writing the person subject to a disposition of relevant fine for negligence by specifying the kind of offenses, amount of fine for negligence, and term of payment, etc., after investigating and verifying the offenses. (2) The Minister of Health and Welfare shall, in case where he intends to impose a fine for negligence under paragraph (1), provide the person subject to a disposition of relevant fine for negligence with an opportu- nity to state his opinion orally or in writing (including an electronic document) with fixing a period of not less than 10 days. In this case, if there exists no statement of opinion until the specified term, it shall be deemed the person has no opinion.Amended by Presidential Decree No. 18312, Mar. 17, 2004

(3) The Minister of Health and Welfare shall, in determining the amount of fine for negligence, take the motive of relevant offenses and the results therefrom into consideration but the criteria for imposition of fine for negligence according to the types of violation shall be as the attached Table 6.Amended by Presidential Decree No. 20190, Jul. 25, 2007 (4) The procedures for collection of fine for negligence shall be determined by the Ordinance of the Ministry of Health and Welfare. ADDENDA

AArrttiiccllee 11 ((EEnnffoorrcceemmeenntt DDaattee)) This Decree shall enter into force on July 1, 2000. AArrttiiccllee 22

Omitted.

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1. A person who sojourns without receiving a permission to extend so- journ period under Article 25 of the Immigration Control Act, and Article 10 (2) of the Act on the Immigration and Legal Status of Overseas Koreans; and

2. A person to whom a deportation order is issued under Article 59 (2) of the Immigration Control Act.

(4) Notwithstanding the provisions of paragraph (1), in case where any Korean national who resides in any foreign country or any foreigner is eligible for the medical guarantee equivalent to the medical care benefit provided for in the provisions of Article 39 of the Act based on foreign Acts and subordinates, the foreign insurance or the contract that is concluded with the employer, etc. while working in the Republic of Korea, he may be excluded from the insured under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare.Newly Inserted by Presidential Decree No. 20190, Jul. 25, 2007

(5) Necessary matters concerning procedures for filing applications and procedures for filing applications for excluding insured, etc. with the exception of the provisions of paragraphs (1) through (4) shall be prescribed by the Ordinance of the Ministry of Health and Welfare. Newly Inserted by Presidential Decree No. 20190, Jul. 25, 2007 [ThisArticleWhollyAmendedbyPresidentialDecreeNo.19202,Dec.28,2005] AArrttiiccllee 6644--22 ((AApppplliiccaattiioonn PPeerriioodd ffoorr VVoolluunnttaarriillyy aanndd CCoonnttiinnuuoouussllyy IInnssuurreedd PPeerrssoonnss))

The term "period that is set by the Presidential Decree" in Article 93-2 (1) of the Act means the period of up to 6 months that are reckoned from the date following the date on which the employment relation comes to an end. [This Article Newly Inserted by Presidential Decree No. 20190, Jul. 25, 2007]

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AArrttiiccllee 55 ((TTrraannssiittiioonnaall MMeeaassuurreess ccoonncceerrnniinngg RReellaattiivvee VVaalluuee PPooiinnttss)) The relative value points for the contract on medical care benefit costs which are applied from Jan. 1, 2001 to December 31, 2001 under Article 24 (1) shall be publicly noticed not later than July 15, 2000. AArrttiiccllee 66 ((RReellaattiioonnss wwiitthh OOtthheerr AAccttss aanndd SSuubboorrddiinnaattee SSttaattuutteess)) (1) In case where other Acts and subordinate statutes quote the previous Enforcement Decree of the Medical Insurance Act or the Enforcement Decree of the National Medical Insurance Act, and where there exist any provisions corresponding to them in this Decree, this Decree or the corresponding provisions of this Decree are considered to have been respectively quoted in lieu of the previous provisions. (2) In case where other Acts and subordinate statutes have quoted the Medical Insurance Federation under the previous medical insurance Acts and subordinate statutes in connection with the review of benefit costs at the time of enforcement of this Decree, the health insurance review board under this Decree shall be considered to have been quoted. ADDENDAPresidential Decree No. 17067, Dec. 30, 2000 (1) (Enforcement Date) This Decree shall enter into force on January 1, 2001. (2) (Special Cases of Adjustment of Insurance Premiums for the employee insured) Of the employee insured falling under the amendments to subparagraph 1 of Article 46, with respect to those whose insurance premium is increased in excess of 20/100 of the insurance premium for the month whereto belongs the day preceding to the enforcement date of this Decree due to the enforcement of this Decree, the total amount of such excessive increased amount shall be mitigated not later than December 31, 2001.

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AArrttiiccllee 33 ((SSppeecciiaall EExxaammppllee ccoonncceerrnniinngg AAddjjuussttmmeenntt ooff IInnssuurraannccee PPrree-- mmiiuumm ffoorr tthhee eemmppllooyyeeee iinnssuurreedd)) (1) the employee insured who are capable of adjust- ing insurance premiums under Article 10-4 of the Addenda of Act No. 5854, the National Health Insurance Act which is amended by Act No. 6093, the Amended Act among the National Health Insurance Act, shall be those whose insurance premium is increased by more than 30/100 compared with that for the month whereto belongs the date preceding the enforcement date of the Act, and the period for adjusting insurance premiums shall be until December 31, 2000.

(2) With respect to the employee insured falling under paragraph (1), the person whose insurance premium is increased by more than 30/100 but less than 70/100 shall be subject to a reduction of 50/100 of increased amounts in excess of 30/100, and those increased by more than 70/100 subject to a reduction of whole increased amount in excess of 50/100. AArrttiiccllee 44 ((EExxaammpplleess ooff CCoommppuuttiinngg aanndd SSeettttlliinngg AAccccoouunnttss ooff IInnssuurraannccee PPrreemmiiuummss ffoorr tthhee eemmppllooyyeeee iinnssuurreedd)) (1) The Corporation may compute the monthly wage, etc. on the basis of data related to the employee insured' wages which are submitted under Articles 74 and 76 of the previous Medical Insurance Act and Article 65 of the National Medical Insurance Act from the month whereto belongs the enforcement date of this Decree to March, 2001, with respect to the insurance premiums of the employee insured.

(2) The settlement of accounts for the insurance premium for the year whereto belongs the enforcement date of this Decree shall be based on the monthly wage of year 2000 which has been confirmed after the re- port on settlement of accounts, and the period of such settlement shall be from July 1, 2000 to December 31, 2000.

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ADDENDAPresidential Decree No. 17285, Jun. 30, 2001 (1) (Enforcement Date) This Decree shall enter into force on July 1, 2001. (2) (Transitional Measures Following Alterations in Criteria for Adminis- trative Dispositions) The previous provisions shall, notwithstanding the amended provisions of the attached Table 5, govern the criteria for ad- ministrative dispositions against the activities committed prior to the enforcement of this Decree.

ADDENDAPresidential Decree No. 17476, Dec. 31, 2001 (1) (Enforcement Date) This Decree shall enter into force on January 1, 2002: Provided, That the amended provisions of subparagraph 1 (b) of the at- tached Table 2 shall enter into force on February 1, 2002. (2) (Special Cases of Adjustment of Insurance Premiums for Employment Provided insured) With respect to the employee insured whose insurance premiums are increased by more than 100/100 compared with those of December, 2001 in consequence of the entry into force of this Decree, 50/100 of the excessive increased amount shall be reduced until December 31, 2002.

ADDENDUMPresidential Decree No. 18028, Jun. 27, 2003 This Decree shall enter into force on July 1, 2003. ADDENDUMPresidential Decree No. 18312, Mar. 17, 2004 This Decree shall enter into force on the date of its promulgation. ADDENDUMPresidential Decree No. 18347, Mar. 29, 2004 This Decree shall enter into force on March 30, 2004.

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ADDENDAPresidential Decree No. 18378, Apr. 24, 2004 (1) (Enforcement Date) This Decree shall enter into force on April 30, 2004. (2) Omitted.

ADDENDAPresidential Decree No. 18379, Apr. 24, 2004 (1) (Enforcement Date) This Decree shall enter into force on April 30, 2004. (2) (Transitional Measures concerning Delegation of Authorities to Decide on Objections) Any decision on an objection raised prior to the enforcement of this Decree shall be made pursuant to the previous provisions, notwithstanding the amended provisions of Article 30. (3) (Transitional Measures following Alterations in Criteria for Adminis- trative Dispositions) The previous provisions shall, notwithstanding the amended provisions of the attached Table 5, govern the criteria for ad- ministrative dispositions against the acts committed prior to the enforce- ment of this Decree.

ADDENDAPresidential Decree No. 18461, Jun. 29, 2004 (1) (Enforcement Date) This Decree shall enter into force on July 1, 2004. (2) (Applicable Cases concerning Limit of Expenses Borne by Principal) The amended provisions of Article 22 (1) and (3) shall apply with respect to the insurance benefit which is provided on or after July 1, 2004. ADDENDUMPresidential Decree No. 18664, Dec. 31, 2004 This Decree shall enter into force on January 1, 2005. ADDENDAPresidential Decree No. 18669, Jan. 5, 2005 AArrttiiccllee 11 ((EEnnffoorrcceemmeenntt DDaattee)) This Decree shall enter into force on the date of its promulgation. ADDENDAPresidential Decree No. 19482, May 24, 2006 (1) (Enforcement Date) This Decree shall enter into force on June 1, 2006. (2) (Application Example for Change of Amount to be born by Principal) The amended provisions of the attached Table 2 shall apply to the medical care benefits given after the enforcement of this Decree. ADDENDAPresidential Decree No. 19513, Jun. 12, 2006 AArrttiiccllee 11 ((EEnnffoorrcceemmeenntt DDaattee)) This Decree shall enter into force on July 1, 2006. AArrttiicclleess 22 tthhrroouugghh 44

Omitted.

ADDENDAPresidential Decree No. 19610, Jul. 14, 2006 (1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.

(2) (Application Example with regard to Calculation Method of Assessment Standard Income) The amended provisions of subparagraphs 1 (d) and 3 of the attached Table 4-2 shall apply to the insurance premium notified first after the enforcement of this Decree.

ADDENDAPresidential Decree No. 19806, Dec. 29, 2006 AArrttiiccllee 11 ((EEnnffoorrcceemmeenntt DDaattee)) This Decree shall enter into force on July 1, 2007. AArrttiicclleess 22 tthhrroouugghh 66

Omitted.

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AArrttiicclleess 22 tthhrroouugghh 55

Omitted.

ADDENDUMPresidential Decree No. 18909, Jun. 30, 2005 This Decree shall enter into force on July 28, 2005: Provided, That the amended provisions of Articles 35 (2) 2, and 40-2 (3) 1 and 2 shall enter into force on the date of its promulgation, and the amended provisions of the attached Table 4-2 shall enter into force on July 1, 2005. ADDENDAPresidential Decree No. 19028, Aug. 31, 2005 (1) (EnforcementDate)ThisDecreeshallenterintoforceonSeptember1,2005. (2) (Applicable Cases concerning Change of Amount Borne by Principal) The amended provisions of subparagraphs 1 (b) and 5 of the attached Table 2 shall apply to medical care benefits executed after the enforcement of this Decree.

ADDENDAPresidential Decree No. 19093, Oct. 21, 2005 AArrttiiccllee 11 ((EEnnffoorrcceemmeenntt DDaattee)) This Decree shall enter into force on the date of its promulgation. AArrttiiccllee 22

Omitted.

ADDENDAPresidential Decree No. 19202, Dec. 28, 2005 (1) (Enforcement Date) This Decree shall enter into force on January 1, 2006. (2) (Application Example for Exemption from Amount Borne by Principal) The amended provisions of the text of subparagraph 4 of the attached Table 2 shall apply starting with the medical care benefits to be given after the enforcement of this Decree.

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during the period after July 1, 2007 from the date on which the payment of the relevant medical care benefit commences.

(2) The amended provisions of subparagraphs 1, 3 and 6 of the attached Table 2 shall apply starting with the medical care benefit that is first paid after the enforcement of this Decree.

AArrttiiccllee 33 ((AApppplliiccaattiioonn EExxaammppllee ccoonncceerrnniinngg RReedduuccttiioonn ooff IInnssuurraannccee PPrreemmiiuumm TThhaatt IIss NNoottiiffiieedd bbyy MMeeaannss ooff EElleeccttrroonniicc DDooccuummeenntt)) The amended provisions of Article 43 shall apply starting with the in- surance premium that is first notified by means of electronic document on or after September 1, 2007.

AArrttiiccllee 44 ((AApppplliiccaattiioonn EExxaammppllee ccoonncceerrnniinngg SSttaannddaarrddss ffoorr IImmppoossiinngg PPeennaallttyy SSuurrcchhaarrggeess))

The amended provisions of subparagraph 2 (a) of the attached Table 5 shall apply starting with the penalty surcharge that is first imposed after the enforcement of this Decree.

AArrttiiccllee 55 ((TTrraannssiittiioonnaall MMeeaassuurreess ccoonncceerrnniinngg SSuubbjjeecctt ttoo RReedduuccttiioonn ooff IInnssuurraannccee PPrreemmiiuummss))

Any area for which the insurance premiums are reduced pursuant to the previous provisions of subparagraph 3 of Article 32 as of July 1, 2007 shall be deemed the area subject to the reduction of the insurance premiums, which is recognized by the Minister of Health and Welfare pursuant to the amended provisions of subparagraph 3 of Article 43-3. AArrttiiccllee 66 ((TTrraannssiittiioonnaall MMeeaassuurreess ccoonncceerrnniinngg CCaallccuullaattiioonn ooff AAmmoouunntt BBoorrnnee bbyy PPrriinncciippaallss))

The method of calculating the amount borne by principals for medical care

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ADDENDAPresidential Decree No. 19818, Dec. 30, 2006 (1) (Enforcement Date) This Decree shall enter into force on January 1, 2007. (2) (Transitional Measures concerning Deliberation and Resolution on Relative Value Points of Medical Care Benefits, etc.) The relative value points, the cost for medicines and the treatment agent that are published after going through the deliberation of the Deliberative and Regulatory Committee pursuant to the previous provisions at the time of the enforce- ment of this Decree shall be deemed to go through the deliberation and the resolution of the Deliberative Committee pursuant to the amended provisions of Article 24 (2) and (3).

ADDENDAPresidential Decree No. 20190, Jul. 25, 2007 AArrttiiccllee 11 ((EEnnffoorrcceemmeenntt DDaattee)) This Decree shall enter into force on the date of its promulgation: Provided, that the amended provisions of the attached Table 2 shall enter into force on August 1, 2007, the amended provisions of Article 43 shall enter into force on September 1, 2007 and the amended provisions of Article 26 and the attached Table 3 shall enter into force on January 1, 2008, respectively. AArrttiiccllee 22 ((AApppplliiccaattiioonn EExxaammppllee ccoonncceerrnniinngg AAmmoouunntt BBoorrnnee bbyy PPrriinncciippaallss,, eettcc..)) (1) The amended provisions of the latter part of Article 22 (1) shall apply starting with the medical care benefit that is first paid on or after July 1, 2007: Provided, That in case where anyone who is first paid the medical care benefit on or before June 30, 2007 has been continuously paid the medical care benefit on or after July 1, 2007, the Corporation shall bear the medical care benefit whose amount is higher in comparison with the amount that is in excess of 3 million won for 6 months from the date on which the payment of the relevant medical care benefit commences between the amount that is in excess of 2 million won for 6 months

ReproducedfromStatutesoftheRepublicofKorea

Copyright1997bytheKoreaLegislationResearchInstitute,Seoul,Korea 134

benefits performed in specialized general medical care institutions, general hospitals, hospitals, dental clinics, Oriental medicine clinics, medical care institutions and public health clinics (hereafter referred to as the "hospitals, etc." in this Article) shall be governed by the previous provisions on or before June 30, 2009, notwithstanding the partially amended provisions with the exception of each item of subparagraph 1 of the attached Table 2.

ADDENDAPresidential Decree No. 20288, Sep. 27, 2007 AArrttiiccllee 11 ((EEnnffoorrcceemmeenntt DDaattee)) This Decree shall enter into force on the date of its promulgation. AArrttiiccllee 22 ((AApppplliiccaattiioonn EExxaammppllee ccoonncceerrnniinngg PPaarrttiieess ttoo CCoonnttrraacctt oonn MMeeddiiccaall CCaarree BBeenneeffiitt CCoossttss)) The amended provisions of Article 23 shall apply starting with the contract on medical care benefit costs of 2008.

ReproducedfromStatutesoftheRepublicofKorea

Copyright1997bytheKoreaLegislationResearchInstitute,Seoul,Korea 136


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