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National Assembly Legislation

  • Internal Organs, etc., Transplant Act
    • Competent Ministry : Ministry of Health and Welfare
    • Advance Publication of Legislation : 2018-10-26
    • Opinion Submission Deadline : 2018-11-09
Reasons for Proposal

According to statistics (June 2018) from the Korean Network for Organ Sharing, there are 35,840 potential recipients of organs but with only 4,916 brain dead donors and 1,793 deceased donors.

This imbalance in supply and demand has resulted in a considerable number of people receiving organ transplants outside Korea. However, management of the ex post facto progress of organ transplants received abroad remains a neglected aspect due to difficulties in determining the current state of affairs. Organ transplants received abroad are highly likely to lead to medical problems such as infections or complications and may violate the ethics and lawfulness, etc., of organ procurement. Thus, there is a need for a system to manage such matters.

Accordingly, the Amendment obligates physicians, heads of the medical institutions concerned, and the head of the National Organ Transplant Management Agency to prepare, submit, retain, and manage records on the ex post facto progress of persons who have received an organ transplant outside Korea, thereby aiming to prepare a system to manage organ transplants received abroad (Article 28, paragraph 2 newly inserted; Article 29, paragraphs 2 and 3; Article 35, paragraphs 6 and 7; Article 49, subparagraph 2; and Article 53, paragraph 1, subparagraph 2).

Major Provisions

Require any physician who has treated a person who has received an organ transplant outside Korea to prepare records on the ex post facto progress of the said person as specified by the Ordinance of the Ministry of Health and Welfare and submit the records to the head of the medical institution concerned with consent from the said person (Article 28, paragraph 2)


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