Busan Metropolitan City Ordinance on the Establishment and Operation of the Busan Mental Hospital
- Article 1 (Purpose)
- The purpose of this Ordinance is to prescribe the matters necessary to manage and operate the Busan Metropolitan City Mental Hospital under Article 8 (1) of the Metal Health Act.
- Article 2 (Location)
- The Busan Metropolitan City Mental Hospital (hereinafter referred to as “the Hospital”) shall be located at Gudeok goge 46 (Hakjang-dong) Sasang-gu Busan Metropolitan City.
- Article 3 (Business)
- The Hospital shall conduct the following businesses:
- 1. Outpatient care and inpatient care of mental patients;
- 2. Clinical and epidemiological research on a mental patient; and
- 3. Other matters on local community-mental health business.
- Article 4 (Medical Service Fees)(1) The medical service fees shall conform to the standards established by the Minister of Health , Welfare and Family Affairs under the National Health Insurance Act and the Medical Care Assistant Act.
- (2) The medical service fees which are not subject to the standards referred to in paragraph (1) of this Article shall be prescribed by the Mayor of Busan Metropolitan City (hereinafter referred to as “the Mayor”): Provided, that it may be otherwise prescribed by the person to whom the operation of the Hospital is entrusted under Article 5 (1) with the approval of the Mayor.
- Article 5 (Entrustment of Management and Operation)(1) The Mayor may, if deemed necessary for the efficient management and operation of the Hospital, entrust such management and operation to a person (hereinafter referred to as the “entrusted person”) who falls under any of the following subparagraphs.
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- 1. A person who operates a public medical institution pursuant to the Public Health and Medical Service Act;
- 2. A medical corporation that is established under the Medical Service Act ; or
- 3. A person who operates a general hospital which is established under the Civil Act or the Special Act.
- (2) If the Mayor wishes to entrust the management and operation of the Hospital under the
paragraph (1), the Mayor shall select the entrusted a person considering the following
subparagraphs and make an agreement:
- 1. Human resources, organizations, facilities, equipments, and the degree of possession of technology for the management and operation of the Hospital;
- 2. The capacity of financial burden; and
- 3. Expertise and public confidence of the operation of the Hospital.
- (3) The Mayor shall subsidize the part of the operational expenses within the limits of budget where the Mayor entrusts the management and operation of the Hospital under the paragraph (1).
- Article 6 (Obligations of Entrusted Person)(1) The entrusted person shall comply with relevant Acts and subordinate statutes, do their best to protect human rights as well as to provide patients with medical care, and make active efforts to create comfortable circumstances as well as to improve the quality of medical care.
- (2) The entrusted person shall neither use the Hospital for any purpose other than those of its establishment nor make any alteration to its facilities without the approval of the Mayor.
- (3) The entrusted person shall be bona fide to manage the Hospital and shall pay compensation for such damage or destruction if the entrusted person damages or destroys its facilities,: Provided, that this shall not apply in case of force majeure, such as natural disasters.
- (4) The entrusted person shall neither transfer nor sublease any right related to or arising from the management and operation of the Hospital to other persons without the approval of the Mayor.
- Article 7 (Guidance and Supervision)(1) The Mayor may guide the entrusted person in the management and operation of the Hospital and supervise such management and operation, have the entrusted person make a necessary report on entrusted affairs or order the entrusted person to take other necessary measures, and have a relevant public official investigate or inspect the status of such management and operation, facilities, the fiscal books, etc. if deemed necessary.
- (2) If the Mayor deems that there are matters which shall be corrected, after receipt of a report or the results of investigation or inspection under paragraph (1), the Mayor shall order the entrusted person to take measures necessary for such correction.
- Article 8 (Termination of Agreement on Entrustment)(1) In any case falling under any of the following subparagraphs, the Mayor may terminate the agreement on entrustment of operation of the Hospital:
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- 1. In a case where the entrusted person violates the related Act and subordinate statute or this Ordinance;
- 2. In a case where the entrusted person commits a breach of the said agreement on entrustment;
- 3. In a case where the permission of incorporation is revoked; or
- 4. In other cases where the entrusted person is unable to operate the Hospital due to causes attributable to the entrusted person.
- Article 9 (Hearing)
- The Mayor shall hold a hearing if the Mayor intends to terminate an entrustment contract under Article 8.
