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SEOUL METROPOLITAN GOVERNMENT FRAMEWORK ORDINANCE ON HEALTH CARE OF CITIZENS

CHAPTER I PROJECTS TO CREATE VILLAGE COMMUNITIES Article 1 (Purpose) The purpose of this Ordinance is to contribute to development of health policies and enhancement of citizens’ health, by setting the rights and duty of citizens and the responsibility of the Seoul Metropolitan Government on citizens’ health and stipulating basic matters necessary for the health care of citizens.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. "Health" means a physically, psychologically and socially stable state, not just a state without any disease;
2. “Health care of citizens” means activities of establishing policies to protect and enhance health of citizens, and providing manpower and securing necessary finances therefor;
3. “Relevant agency” means health institutions and medical institutions under the jurisdiction of the Seoul Metropolitan Government (hereinafter referred to as the “Seoul Government”).

Article 3 (Duties of Mayor, etc.) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall endeavor to figure out and satisfy the request for health from the citizens of Seoul (hereinafter referred to as the “Citizens”).
(2) The Mayor shall endeavor to establish necessary policies for protecting and enhancing health of the Citizens and to secure necessary finances therefor.
(3) The Mayor shall develop and nurture relevant resources to promote health care of the Citizens smoothly.
(4) The Mayor shall endeavor to care health of Citizens, to figure out the health care status within the autonomous Gus and to enhance health in the autonomous Gus and relieve the gap of health among autonomous Gus, with a cooperation of the head of autonomous Gus in the Seoul Metropolitan Government (hereinafter referred to as the “head of a Gu”).

Article 4 (Rights, etc. of Citizens) (1) All Citizens have rights to receive proper health and medical services to protect and enhance their health.
(2) All Citizens have rights to get a benefit of health care as prescribed by the relevant Acts and ordinances.
(3) All Citizens shall endeavor to protect and enhance their and their family’s health and shall cooperate on fair health and medical services and guide of health and medical care personnel.

CHAPTER II COMPREHENSIVE PLAN FOR HEALTH CARE OF CITIZENS Article 5 (Establishment of Comprehensive Plan for Health Care of Citizens) (1) The Mayor shall establish a comprehensive plan for health care of citizens of the Seoul Metropolitan Government (herein after referred to as the “Comprehensive Plan”) every four years in order to protect and enhance health of the Citizens.
(2) The Comprehensive Plan shall include following matters:
1. Measurement of demand for request of health care of the Citizens;
2. Basic goal of development of Citizens’ health and the direction of promotion thereof;
3. Research on the actual condition of health by region and by income and the countermeasures therefor;
4. Research on the actual condition of the vulnerable class in health and the countermeasures therefor;
5. Other necessary matters for protection and enhancement of health of the Citizens.

Article 6 (Establishment and Implementation of Implementation Plan) Based on the Comprehensive Plan pursuant to Article 5, the Mayor shall establish and implement major policies in his/her jurisdiction related to the health of the Citizens every year.

Article 7 (Request, etc. of Cooperation for Establishment of Plan) (1) When it is necessary for the establishment and implementation of the comprehensive plan for health of the Citizens, the Mayor may request the head of a Gu and the head of a cooperation or organization, of which the budget was supported by the Seoul Government, of a necessary cooperation including submission of relevant data and opinion.
(2) The head of a Gu, etc., who was requested of the cooperation pursuant to paragraph (1), shall cooperate thereto, excluding the cases where there are special circumstances.

Article 8 (Financial Support, etc.) The Mayor may formulate necessary budget for the promotion of the matters prescribed in Article 5 and support the expenses to an autonomous Gu and agency, organization or individual within the scope of budget.

CHAPTER III ESTABLISHMENT AND OPERATION OF COMMITTEE FOR HEALTH OF CITIZENS Article 9 (Establishment and Operation of Committee for Health of Citizens) (1) The Mayor shall establish and operate a committee for health of the citizens in the Seoul Metropolitan Government (hereinafter referred to as the “Committee”) in order to deliberate or consult the necessary matters for major matters and promotion of policies related to enhancement of health of the Citizens and public health and medical services.
(2) The Committee shall deliberate or render advice on following matters:
1. Matters concerning health and medical business and budget thereof;
2. Matters concerning the policy direction and the combination and adjustment of policies regarding health care of the Citizens;
3. Matters concerning the enhancement of Citizens’s health and development of healthy environment;
4. Matters concerning the operation of health institution and medical institutions under the jurisdiction of the Seoul Government;
5. Matters concerning the establishment and change of the Comprehensive Plan;
6. Matters concerning the support of healthy life of the Citizens pursuant to Article 6 of the National Health Promotion Act;
7. Matters concerning the order to change or prohibit the contents of the advertisement pursuant to Article 7 of the National Health Promotion Act and Article 31 of the Enforcement Decree of the same Act, or the subject of the request to make corrections by the relevant Act;
8. Matters concerning the performance of functions of the Regional Public Health Deliberative Committee pursuant to Article 3 of the Regional Public Health Act and Article 31 of the Enforcement Decree of the same Act;
9. Other matters the chairperson submitted to the meeting.
(3) The Committee shall carry out functions of a Council for Practicing Healthy Life Style pursuant to Article 10 of the National Health Promotion Act.

Article 10 (Organization of Committee) (1) The Committee shall consist of not more than 30 members including two chairpersons.
(2) Among the Committee members, the head of head office of welfare and health of the Seoul Metropolitan Government shall be an ex officio member and other members shall be commissioned or appointed by the Mayor from among the following persons: Provided That, the members appointed pursuant to subpargraphs 2 through 6 shall be not less than two thirds of the total members: <Amended by the Ordinance No. 5767, Dec. 11, 2014>
1. Any person recommended by the Seoul Metropolitan Council;
2. Among Citizens using health institutions and medical institutions under the jurisdiction of the Seoul Government, any person who wishes to attend the Council, selected by the public invitation;
3. Any practician of the academic community and research institutions related to health;
4. Any person recommended by civic groups, regional health and medical organization, etc.;
5. Any person concerned in school health and industrial safety;
6. Any citizen of the Seoul Metropolitan Government, who is interested in health care of the Citizens;
7. The head of head office of welfare and health of the Seoul Government.
(3) In organizing the Committee, the Mayor shall ensure the participation of the Citizens of all walks of life by considering residence, gender, age, job, etc.: Provided, That this shall not apply to the cases requiring special professionalism.

Article 11 (Duty of Chairperson, etc.) (1) The chairperson shall represent the Committee and preside over its affairs.
(2) The Deputy Mayor of Administrative Department 1 and one person elected from among the appointed members shall become the two co-chairpersons, and the vice chairperson shall assist the chairperson and, when the chairperson fails to carry out his/her duties due to unavoidable reasons, shall carry out the duties of the chairperson on his/her behalf.

Article 12 (Administration of Meeting) (1) The chairperson shall call a meeting of the Committee and preside over the meeting.
(2) The meeting shall be convened once a quarter in principle, but when the chairperson deems it necessary or not less than a third of the registered members request it, a special meeting may be convened.
(3) When the chairperson convenes the Committee, he/she shall notify each member of the committee of the date and time, place and agenda of the meeting in writing, not later than seven days before the meeting: Provided, That this shall not apply to urgent cases.
(4) A majority of the members of the Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
(5) When the chairperson deems it necessary to consult and adjust the agenda, he/she may have public officials of the relevant department, related experts or persons concerned attend the meeting and hear their opinions.

Article 13 (Term of Members) (1) The term of the Committee members shall be two years but the member may serve consecutive terms only once: Provided, That, for a public official, the period shall be the period within his/her position.
(2) The term of a newly appointed member due to the reasons, such as the resignation of the former member, shall correspond to the remaining term of the former member.

Article 14 (Dismissal of Members) The Mayor may dismiss the member, even during his/her term, in the following cases:
1. Where a member express his intention of resignation during his/her term;
2. Where a member was sentenced to imprisonment without prison labor or heavier punishment;
3. Where it is difficult for a member to carry out his/her tasks due to death, disease or other causes;
4. Where a member fails to attend the meeting of the Committee for a long period;
5. Where a member is deemed inappropriate to carry out duties, due to injury to dignity, etc.

Article 15 (Exclusion, etc. of Members) (1) Where the Committee member is directly concerned with the agenda for deliberation, he/she shall not participate the deliberation of the agenda.
(2) Where the member falls under paragraph (1), he/she may recuse from the deliberation of the agenda.

Article 16 (Subcommittee) To carry out the duties of the Committee efficiently, the Committee may have a subcommittee for each professional field.

Article 17 (Hearing of Opinions) (1) When it is deemed necessary, the Committee and the subcommittee may consult investigation or research to agencies or organizations, or open a debate or public hearing, etc. and hear opinions of related experts and the Citizens.
(2) To reflect public opinions effectively, the Committee shall run parallel with on-line activities through the Internet and reflect and review public opinions regarding the agenda of the Committee through the on-line activities.

Article 18 (Request for Cooperation of Relevant Agency, etc.) When it is necessary to carry out duties, the Committee and the subcommittee may have an employee of the relevant agency attend the Committee and hear his/her opinions or request for cooperation including submission of data, and the relevant agency shall respond to it within 30 days, otherwise it shall reveal fair reasons.

Article 19 (Obligation and Authority) When it is necessary, the Committee may submit suggestions to the Seoul Government or the agency relevant to the Seoul Government, and the head of the agency in charge shall notify the Committee of the result of the measures within 30 days.

Article 20 (Disclosure of Meeting to the Public) The meeting shall be opened to the public in principle and it shall be recorded faithfully through the minutes, etc.: Provided, That this shall not apply to the cases where the meeting was closed in principle under the provisions of other Acts and Subordinates or Ordinances.

Article 21 (Assistant Administrator) In order to handle the affairs of the Committee, the Committee shall have one assistant administrator, and the assistant administrator shall be the manager of the department supervising the administration of the Committee.

Article 22 (Allowance, etc.) Allowances and traveling expenses may be paid to the members who have participated in the Committee meeting and activities, the related experts, etc. within the scope of the budget according to the Seoul Metropolitan Government Ordinance on the Payment of Allowances and Travel Expenses for Committees: Provided That, this shall not apply to the cases where a public official participated thereto in direct relationship with the duty.

CHAPTER IV ORGANIZATION AND OPERATION OF PATIENTS’ RIGHTS OMBUDSMAN Article 23 (Organization and Operation of Patients’ Rights Ombudsman) (1) The Mayor shall organize and operate the Seoul Metropolitan Government Patients’ Rights Ombudsman (hereinafter referred to as the “Ombudsman”) to protect rights of patients against illegal or unfair activities related to medical treatment.
(2) The Ombudsman shall consist of not less than 15 and not more than 20 members.
(3) The Ombudsman shall be commissioned or appointed by the Mayor from among following persons:
1. Any person recommended by a civic group (referring to non-profit, non-government organizations pursuant to Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act);
2. Any person recommended by the Commissioner of the Seoul Metropolitan Government Human Rights Commission;
3. Any person recommended by the Seoul Metropolitan Council;
4. A lawyer;
5. Any person recommended by a professional association related to medicine;
6. Any person who is in office of associate professor or higher position in charge of health and medical care, sociology or bioethics;
7. A director of the department in charge of health policies of the Seoul Government;
8. Other persons who has rich learning and experience on medical care and human rights.

Article 24 (Functions) The Ombudsman shall deliberate or render advice on following matters:
1. Matters on operation direction of the Ombudsman;
2. Matters on report of general analysis of frequent medical complaint and public announcement thereof;
3. Matters on investigation of planning and monitoring of the executive office of the Ombudsman;
4. Matters on improvement of unfair Acts and Subordinates and system which infringes rights of patients;
5. Other necessary matters.

Article 25 (Term and Guarantee of Status) (1) The term of the Ombudsman shall be two years but the member may serve consecutive terms only once.
(2) The Ombudsman shall not be dismissed against his/her will, except the cases falling under followings:
1. Negligence or lack of capability to carry out duties;
2. Where it is difficult to carry out duties under his/her jurisdiction due to physical or psychological abnormality;
3. Where he/she was indicted for a criminal case: Provided, That the cases where a summary order was filed are excluded;
4. Other cases where the causes hindering the continuous operation of the Ombudsman occurred.

Article 26 (Entrustment of Duties) When the Mayor deemed it necessary for the efficient promotion of tasks of the Ombudsman, he/she may entrust operational matters to non-profit, non-government organizations.

Article 27 (Holding of Meeting) For an efficient promotion of tasks of the Ombudsman, a regular meeting shall be convened one a quarter and a special meeting shall be convened when necessary.

CHAPTER V SUPPLEMENTARY PROVISIONS Article 28 (Cooperation and Conclusion of Agreement with Medical Institutions) (1) The Mayor may cooperate with medical institutions under the jurisdiction and medical institutions in the adjacent area of the Seoul Government in order to promote duties including performance of business and support of technology related to health of the Citizens.
(2) When it is necessary pursuant to paragraph (1), the Mayor may conclude an agreement with medical institutions under the jurisdiction and medical institutions in the adjacent area of the Seoul Government.

Article 29 (Management of Health Statistics and Information) (1) The Mayor shall collect and manage statistics and information related to health of the Citizens and establish and implement necessary policies to use it in the health policies of the Seoul Government.
(2) The Mayor shall find out necessary policies to promote informatization of health.

Article 30 (Reflection of Opinions) The Mayor shall reflect opinions of relevant agencies and organizations related to health of the Citizens when he/she establish and implement health policies which influence the rights and obligations of the Citizens significantly.

Article 31 (Commendation of Meritorious Persons) The Mayor may honor agencies, organizations and individuals, and affiliated public officials with significant contribution to the enhancement of health of the Citizens and provision of public health and medical services in accordance with the Seoul Metropolitan Ordinance on Commendation.

Article 32 (Relationship with Other Ordinances) (1) In case of enactment or amendment of other ordinances related to health, it shall correspond to the contents of this Ordinance.
(2) Except cases where there are special provisions related to health in other Acts and subordinates and Ordinance, this Ordinance shall be abided by.

Article 33 (Enforcement Rules) Matters necessary for the enforcement of this Ordinance except those prescribed in this Ordinance shall be prescribed by rule.