home Home > Regulations Search > Integrated Search
  • 본문저장
  • 인쇄하기
  • 신구대조
  • 돌아가기
SEOUL METROPOLITAN GOVERNMENT FRAMEWORK ORDINANCE ON HEALTH CARE OF CITIZENS

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 duties 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 are 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 "Seoul Government").

Article 3 (Responsibilities of Mayor) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as "Mayor") shall endeavor to figure out and satisfy the request for health from the citizens of Seoul (hereinafter referred to as "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 the 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 cooperation of the heads of autonomous Gus in the Seoul Metropolitan Government (hereinafter referred to as "head of a Gu").

Article 4 (Rights 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.
(4) All Citizens shall have rights to participate in enhancing theirand their community's health. <Newly Inserted by Ordinance No. 6759, Jan. 4, 2018>

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 the Citizens of the Seoul Metropolitan Government (hereinafter referred to as "Comprehensive Plan") every four years in order to protect and enhance health of the Citizens.
(2) The Comprehensive Plan shall include the following matters: <Amended by Ordinance No. 6759, Jan. 4, 2018>
1. Measurement of demand for request of health care of the Citizens;
2. Basic goal of development of the 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. Region-based measures to promote residents' participation for health care of the Citizens;
6. 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 or her jurisdiction related to the health of the Citizens every year.

Article 7 (Request 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 corporation or organization, of which the budget was supported by the Seoul Government, of necessary cooperation including submission of relevant data and opinions.
(2) The head of a Gu, etc., who was requested for cooperation pursuant to paragraph (1), shall cooperate thereto, excluding the cases where there are special circumstances.

Article 8 (Financial Support) 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 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 "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 the following matters: <Amended by Ordinance No. 5897, May 14, 2015; Ordinance No. 6066, Jan. 7, 2016; Ordinance No. 6386, Jan. 5, 2017>
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 the Citizens' health and development of healthy environment;
4. Matters concerning the operation of health institutions 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 statutes;
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 2 of the Enforcement Decree of the same Act;
9. Other matters the chairperson submits to the meeting of the Committee.
(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. <Amended by Ordinance No. 5897, May 14, 2015>

Article 10 (Organization of Committee) (1) The Committee shall consist of not more than 30 members including two chairpersons.
(2) The Vice-Mayor I for Administrative Affairs and one person elected from among the Committee members shall become co-chairpersons, and the vice chairperson shall be elected from and by the members. <Newly Inserted by Ordinance No. 6066, Jan. 7, 2016>
(3) Among the Committee members, the Director-General of Citizens' Health Bureau of the Seoul Government shall be an ex officio member and the other members shall be commissioned or appointed by the Mayor from among the following persons: Provided, That the members appointed pursuant to subparagraphs 2 through 6 shall be not less than two thirds of the total members: <Amended by Ordinance No. 5767, Dec. 11, 2014; Ordinance No. 5897, May 14, 2015; Ordinance No. 6066, Jan. 7, 2016>
1. Any person recommended by the Seoul Metropolitan Council;
2. Among the 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 organizations, etc.;
5. Any person concerned in school health and industrial safety and health;
6. Any citizen of the Seoul Government, who is interested in health care of the Citizens;
7. The Director-General of Citizens' Health Bureau of the Seoul Government.
(4) 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. <Amended by Ordinance No. 6066, Jan. 7, 2016>

Article 11 (Duties of Chairperson) (1) The chairperson shall represent the Committee and preside over affairs of the Committee.
(2) The vice chairperson shall assist the chairperson and, when the chairperson fails to carry out his or her duties due to unavoidable reasons, shall carry out the duties of the chairperson on his or her behalf. <Amended by Ordinance No. 6066, Jan. 7, 2016>

Article 12 (Administration of Meeting) (1) The chairperson shall convene and preside over meetings of the Committee.
(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 or 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 or she may have public officials of the relevant division, 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 members may serve consecutive terms only once: Provided, That, for a public official, the period shall be the period within his or her position. <Amended by Ordinance No. 5897, May 14, 2015>
(2) The term of a member newly appointed due to the resignation of a former member, etc. shall correspond to the remaining term of the former member. <Amended by Ordinance No. 5897, May 14, 2015>

Article 14 (Dismissal of Members) The Mayor may dismiss a Committee member, even during the member's term, in the following cases: <Amended by Ordinance No. 5897, May 14, 2015>
1. Where a member has expressed his or her intention of resignation during his or her term;
2. Where a member has been sentenced to imprisonment without prison labor or heavier punishment;
3. Where it is difficult for a member to carry out his or 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 his or her duties, due to injury to dignity, etc.

Article 15 (Exclusion of Members) (1) Where a Committee member is directly concerned with the agenda for deliberation, he or she shall not participate in the deliberation of the agenda.
(2) Where a member falls under paragraph (1), he or 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 subcommittees 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 collect public opinions effectively, the Committee shall run parallel with on-line activities through the Internet and collect and review public opinions regarding the agenda of the Committee through the on-line activities. <Amended by Ordinance No. 5897, May 14, 2015>

Article 18 (Request for Cooperation of Relevant Agency) When it is necessary to carry out duties, the Committee and subcommittees may have an employee of the relevant agency attend the Committee and hear his or her opinions or request for cooperation including submission of data. <Amended by Ordinance No. 5897, May 14, 2015; Ordinance No. 6066, Jan. 7, 2016>

Article 19 (Obligation and Authority) When it is necessary, the Committee may submit suggestions to the Seoul Government or an 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. <Amended by Ordinance No. 5897, May 14, 2015>

Article 20 (Disclosure of Meeting to the Public) The meeting of the Committee 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 is closed in principle under the provisions of other statutes or ordinances.

Article 21 (Assistant Administrator) In order to handle the affairs of the Committee, the Committee shall have one executive secretary, and the executive secretary shall be the director of the division supervising the administration of the Committee.

Article 22 (Allowance) Allowances and travel expenses may be paid to the members who have participated in the Committee meeting and activities, the related experts, etc. within 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 therein 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 "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 the 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. An attorney-at-law;
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-General of the Bureau in charge of health policies of the Seoul Government;
8. Other persons who have rich learning and experience on medical care and human rights.

Article 24 (Functions) The Ombudsman shall deliberate or render advice on the following matters: <Amended by Ordinance No. 5897, May 14, 2015; Ordinance No. 6066, Jan. 7, 2016>
1. Matters on the operation direction of the Seoul Government's projects to protect the rights and interests of patients;
2. Matters on report of general analysis of frequent medical complaints and public announcement thereof;
3. Matters on the Seoul Government's human rights action plan and medical and health business;
4. Matters on the improvement of unfair statutes and regulations and systems which infringe the 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 members may serve consecutive terms only once. <Amended by Ordinance No. 5897, May 14, 2015>
(2) The Ombudsman shall not be dismissed against his or her will, except in any of the following cases:
1. Where he or she neglects his or her duties or lacks the capability to carry out his or her duties;
2. Where it is difficult to carry out duties under his or her jurisdiction due to physical or psychological abnormality;
3. Where he or she has been indicted for a criminal case: Provided, That the cases where a summary order is filed are excluded;
4. Other cases where the causes hindering the continuous operation of the Ombudsman have occurred.

Article 26 (Projects to Protect Rights and Interests of Patients) (1) The Mayor shall pursue the following projects to protect and promote the rights and interests of patients: <Amended by Ordinance No. 6066, Jan. 7, 2016>
1. Factual survey on the rights and interests of patients, and monitoring thereof;
2. Consultation on the infringement of the rights and interests of patients, and general analysis of frequent medical complaints;
3. Development of programs to promote the rights and interests of patients, and education and publicity thereon;
4. Re-deliberation and advice on medical complaints about municipal hospitals in the Seoul Metropolitan City and public health centers in autonomous Gus;
5. Other matters necessary to protect and promote the rights and interests of patients.
(2) The Mayor may provide administrative and financial support for an agency or organization which pursues any of the projects specified in paragraph (1). <Newly Inserted by Ordinance No. 6066, Jan. 7, 2016>

Article 27 (Holding of Meeting) For an efficient promotion of tasks of the Ombudsman, a regular meeting shall be convened once a quarter and a special meeting shall be convened when necessary. <Amended by Ordinance No. 5897, May 14, 2015>

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 28-2 (Region-based Promotion of Residents' Participation) (1) The Mayor may pursue the following business to enhance communities' health care capabilities through residents' participation:
1. Identification of health problems in communities through residents' participation;
2. Education for the promotion of health care capabilities of residents, and support for residents' health organizations;
3. Support for health promotion activities for the vulnerable class in health;
4. Research on communities' health resources in which residents participate, and linking with such resources;
5. Other business the Mayor deems necessary.
(2) For the effective performance of business, the Mayor may entrust a non-profit corporation or organization with the matters specified in paragraph (1).
(3) The entrustment to the private sector pursuant to paragraph (2) shall comply with the Seoul Metropolitan Government Ordinance on Entrustment of the Administrative Affairs to the Private Sector.
[This Article Newly Inserted by Ordinance No. 6759, Jan. 4, 2018]

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 such statistics and information in the health policies of the Seoul Government.
(2) The Mayor shall prepare necessary policies to promote informatization of health. <Amended by Ordinance No. 5897, May 14, 2015>
(3) The Mayor may provide the Citizens with right information on health, based on the statistics and information collected and managed under paragraph (1), in an effort to protect and improve their health. <Newly Inserted by Ordinance No. 7476, Jan. 9, 2020>

Article 30 (Collection of Opinions) The Mayor shall collect opinions of relevant agencies and organizations related to health of the Citizens when he or she establishes and implements 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 Official Commendation. <Amended by Ordinance No. 6386, Jan. 5, 2017>

Article 32 (Relationship with Other Ordinances of Seoul Government) (1) In case of enactment or amendment of other ordinances related to health, it shall correspond to the contents of this Ordinance. <Amended by Ordinance No. 5897, May 14, 2015>
(2) Except as otherwise provided in other statutes, regulations and municipal ordinances, this Ordinance shall apply to health.

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

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Repeal of Other Ordinances)
The Seoul Metropolitan Government Ordinance on the Organization and Operation of the Council for Practicing Healthy Life Style shall be repealed.
ADDENDA <Ordinance No. 5767, Dec. 11, 2014>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January 1, 2015.
Article 2 Omitted.
ADDENDA <Ordinance No. 5864, May 14, 2015>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on July 1, 2015.
Article 2 Omitted.
ADDENDUM <Ordinance No. 5897, May 14, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6066, Jan. 7, 2016>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6386, Jan. 5, 2017>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6759, Jan. 4, 2018>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 7046, Mar. 28, 2019>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 7476, Jan. 9, 2020>
This Ordinance shall enter into force on the date of its promulgation.