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ENFORCEMENT DECREE OF THE SCHOOL HEALTH ACT

Wholly Amended by Presidential Decree No. 20949, Aug. 4, 2008

Amended by Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22232, jun. 29, 2010

Presidential Decree No. 22564, Dec. 29, 2010

Presidential Decree No. 23718, Apr. 10, 2012

Presidential Decree No. 23928, Jul. 4, 2012

Presidential Decree No. 24026, Aug. 13, 2012

Presidential Decree No. 24423, Mar. 23, 2013

Presidential Decree No. 24666, Jul. 22, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25255, Mar. 18, 2014

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25840, Dec. 9, 2014

Presidential Decree No. 26571, Oct. 6, 2015

Presidential Decree No. 26855, Dec. 31, 2015

Presidential Decree No. 27457, Aug. 29, 2016

Presidential Decree No. 27831, Feb. 3, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the School Health Act and matters necessary for the enforcement of said Act.
 Article 2 (Standards for Installation of Health Room)
(1) Standards for the installation of a health room under Article 3 of the School Health Act (hereinafter referred to as the "Act") shall be as follows: <Amended by Presidential Decree No. 24026, Aug. 13, 2012; Presidential Decree No. 24423, Mar. 23, 2013>
1. Location: It shall be located in a place that is readily accessible to students and teaching staff, who can swiftly receive emergency treatment, etc., and that is well-ventilated and well-lighted;
2. Area: It shall be at least 66 square meters: Provided, That the Minister of Education (applicable only to universities and colleges under Article 1 of the Regulations for the Establishment and Operation of Universities and Colleges) or the Superintendent of Education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or of a Special Self-Governing Province (hereinafter referred to as "City/Do") (applicable only to schools under Article 2 of the Regulations for the Establishment and Operation of Schools of the Grades not Higher than High Schools) may relax requirements for such area to the extent that they do not undermine efforts by students and teaching staff to maintain their health, taking the number of students, etc., into consideration.
(2) A health room under paragraph (1) shall be furnished with the following equipment and apparatuses required for school health:
1. Equipment and apparatuses required for the health care and emergency treatment, etc., of students and teaching staff;
2. Apparatuses required for the inspection of environmental sanitation and food sanitation in schools.
(3) Specific standards for equipment and apparatuses required in a health room under paragraph (2) shall be prescribed by Ordinance of the Ministry of Education in cases of national schools under Article 3 of the Elementary and Secondary Education Act, and schools under any of the subparagraphs of Article 2 of the Higher Education Act; and by the Rules of Education of the relevant City/Do in cases of public or private schools under Article 3 of the Elementary and Secondary Education Act. <Amended by Presidential Decree No. 24026, Aug. 13, 2012; Presidential Decree No. 24423, Mar. 23, 2013>
CHAPTER II (Articles 3 through 8) Deleted.
CHAPTER III (Articles 9 through 12) Deleted.
CHAPTER IV (Articles 13 through 19) Deleted.
CHAPTER V (Articles 20 through 21) Deleted.
CHAPTER VI ASSIGNMENT OF SCHOOL PHYSICIANS, ETC., AND SCHOOL HEALTH COMMITTEE
 Article 22 (Suspension from School, etc.)
(1) The head of a school may issue orders requiring any of the following persons, from among the students and teaching staff provided in Article 8 of the Act, to be suspended from school: <Amended by Presidential Decree No. 22564, Dec. 29, 2010; Presidential Decree No. 27457, Aug. 29, 2016>
1. Patients with infectious diseases, suspected cases of infectious diseases and carriers of pathogens (hereinafter referred to as “patients with infectious diseases, etc.”) under Article 2 of the Infectious Disease Control and Prevention Act: Provided, That persons diagnosed by a physician as unlikely to infect others shall be excluded herefrom;
2. Patients other than those referred to in subparagraph 1 and who are diagnosed by a physician to have been infected with highly infectious diseases.
(2) When the head of a school orders them to be suspended from school pursuant to paragraph (1), he/she shall clarify the reasons for such order and the effective period thereof: Provided, That, if necessary according to symptoms of a disease or aspects of the prevalence of a disease, he/she may reduce or extend such period.
 Article 22-2 (Preparing, etc. Measures to Prevent Infectious Diseases)
(1) "Matters prescribed by Presidential Decree" in Article 14-3 (1) 4 of the Act means the following matters:
1. Matters regarding education necessary for the prevention and control of infectious diseases;
2. Matters regarding training for real-life situations such as map exercise to enhance the ability to respond to infectious diseases;
3. Matters regarding storing articles and preparing facilities necessary for the prevention of infectious diseases;
4. Other matters deemed necessary by the Minister of Education for the prevention and control of infectious diseases.
(2) “Information prescribed by Presidential Decree including information about the current status of infectious disease outbreaks” in Article 14-3 (4) of the Act means the following information regarding a relevant disease where Group 4 infectious diseases under subparagraph 5 of Article 2 of the Infectious Disease Control and Prevention Act emerge domestically or enter the country or where forecasts or alerts more serious than caution under Article 38 (2) of the Framework Act on the Management of Disasters and Safety are issued for infectious diseases notified by the Minister of Health and Welfare under Article 41 (1) of the Infectious Disease Control and Prevention Act:
1. Names of infectious diseases;
2. Outbreak status of infectious diseases and how they enter the country;
3. Date of occurrence in patients with infectious diseases (limited to students and teaching staff), date of diagnosis, travel route, means of transportation and status of contacts of patients with infectious diseases, etc. (limited to students and teaching staff);
4. Other information deemed necessary for the prevention of the outbreaks of infectious diseases and of the spread thereof by the Minister of Education or the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 27457, Aug. 29, 2016]
 Article 22-3 (Preparation and Distribution, etc. of Infectious Disease Response Manual)
(1) A response manual by type of infectious diseases which shall be prepared and distributed under Article 14-4 (1) of the Act (hereinafter referred to as “infectious disease response manual”) shall include the following matters:
1. Matters regarding behavioral know-how of students and teaching staff by type of infectious diseases;
2. Matters regarding measures by stage of prevention, preparedness, response and restoration by type of infectious diseases;
(2) Where the Minister of Education distributes the infectious disease response manual, he/she may distribute it in electronic or printed form.
(3) Where the Superintendent of Education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or of a Special Self-Governing Province (hereinafter referred to as “Superintendent of Education”) and the head of a school promotes business regarding measures of prevention, preparation, response and restoration of infectious diseases, he/she shall utilize the infectious disease response manual. <Amended by Presidential Decree No. 27831, Feb. 3, 2017>
(4) The Superintendent of Education and the head of a school may add details to or complement the infectious disease response manual reflecting characteristics of each region or school.
[This Article Newly Inserted by Presidential Decree No. 27457, Aug. 29, 2016]
 Article 23 (School Physicians, School Pharmacists, and Health Teachers)
(1) Each school shall employ a school physician (including a dentist and a herb doctor; hereinafter the same shall apply), a school pharmacist, and a health teacher as follows pursuant to Article 15 of the Act:
1. Any elementary school which has at least 18 classes shall employ one school physician, one school pharmacist, and one health teacher, and any elementary school which has less than 18 classes may employ either school physician or school pharmacist, and one health teacher;
2. Any middle school or high school which has at least nine classes shall employ one school physician, one school pharmacist, and one health teacher, and any middle school or high school which has less than nine classes shall employ either school physician or school pharmacist, and one health teacher;
3. Any university (referring to a college in cases of a university which has at least three colleges), college of education, teachers' college or junior college shall employ one school physician and one school pharmacist;
4. Any high technical school, citizenship training school, citizenship training high school, special school, kindergarten, and schools of various kinds shall employ a school physician, a school pharmacist, and a health teacher corresponding to the relevant school prescribed in subparagraphs 1 through 3.
(2) A school physician and a school pharmacist provided in paragraph (1) shall be appointed by the head of a school from among those who hold the relevant license.
(3) Duties of a health teacher, a school physician, and a school pharmacist provided in paragraph (1) shall be as follows:
1. Duties of a health teacher:
(a) Formulation of school health plans;
(b) Matters concerning the maintenance, control, and improvement of environmental sanitation in schools;
(c) Cooperation in preparing for and conducting health examinations of students and teaching staff;
(d) Precautionary measures against all diseases and guidance on health;
(e) Cooperation in the health observation of students and teaching staff, the health consultation and health appraisals, etc., by a school physician;
(f) Health guidance for feeble-bodied students;
(g) Visit to students' homes for health guidance;
(h) Cooperation in health education of teachers and health education when necessary;
(i) Management of facilities, equipment and medicines, etc., in a health room;
(j) Collection and management of health education materials;
(k) Administration of students' health records;
(l) Medical treatments as follows (only applicable to persons holding a nursing license):
(i) Medical treatment of patients with an external wound, etc., which is a case usually seen;
(ii) First-aid treatment of those who need emergency treatment;
(iii) Medical treatment to prevent recurrence of a wound or disease;
(iv) Medical care guidance for and management of patients whose disease is found in health examinations;
(v) Medication according to medical treatment referred to in subitems (i) through (iv);
(m) Other matters concerning school health administration;
2. Duties of a school physician:
(a) Advice on the formulation of school health plans;
(b) Advice on the maintenance, control, and improvement of environmental sanitation in schools;
(c) Health examinations and health appraisal of students and teaching staff;
(d) Precautionary measures against all diseases and health guidance;
(e) Health consultations for students and teaching staff;
(f) Other guidance on school health administration;
3. Duties of a school pharmacist:
(a) Advice on the formulation of school health plans;
(b) Advice on the maintenance, control, and improvement of environmental sanitation in schools;
(c) Advice on the management of medical supplies and toxic chemicals used in school;
(d) Tests and inspection of medical supplies and toxic chemicals used in school;
(e) Other guidance on school health administration.
 Article 24 (Functions of Health Committee)
(1) Deleted. <by Presidential Decree No. 24026, Aug. 13, 2012>
(2) A City/Do School Health Committee provided in Article 17 (1) of the Act (hereinafter referred to as the "Health Committee") shall deliberate on the following matters: <Amended by Presidential Decree No. 24026, Aug. 13, 2012>
1. The medium- and long-term master plan of a City/Do to improve the health of students and teaching staff;
2. Proposals for the enactment of or amendment to ordinances of a City/Do or educational regulations related to school health;
3. Matters concerning school health policies, etc., submitted to a meeting by the superintendent of education;
4. Deleted. <by Presidential Decree No. 27831, Feb. 3, 2017>
 Article 25 (Organization of Health Committee)
(1) The Health Committee shall have one chairperson and one vice-chairperson, who shall be elected from among and by its members, respectively. <Amended by Presidential Decree No. 24026, Aug. 13, 2012>
(2) Deleted. <by Presidential Decree No. 24026, Aug. 13, 2012>
(3) The superintendent of education shall appoint or commission members of the Health Committee from among public officials at the director-general level of the relevant Office of Education or persons who have knowledge or experience in school health. <Amended by Presidential Decree No. 24026, Aug. 13, 2012>
(4) Each member commissioned pursuant to paragraph (3) shall hold office for a term of two years and may be appointed consecutively: Provided, That the term of office of a member filling a vacancy shall be the remaining period of his/her predecessor’s term of office. <Amended by Presidential Decree No. 24026, Aug. 13, 2012>
 Article 26 (Duties of Chairperson, etc.)
(1) The chairperson of the Health Committee shall represent the Health Committee and exercise general supervision over the affairs concerning meetings of the committee.
(2) When the chairperson is unable to perform his/her duties due to any unavoidable reason, the vice-chairperson shall act on behalf of the chairperson.
 Article 27 (Meetings)
(1) The chairperson of the Health Committee shall convene and preside over meetings of the committee in any of the following cases: <Amended by Presidential Decree No. 24026, Aug. 13, 2012>
1. Cases where the superintendent of education requests him/her to convene a meeting;
2. Cases where at least 1/3 of the members requests him/her to convene a meeting;
3. Other cases deemed necessary by the chairperson in order to deliberate on the matters for the protection and improvement of the health of students and teaching staff.
(2) A majority of the members of the Health Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present.
 Article 28 (Subcommittees)
(1) Subcommittees by special field may be established in the Health Committee.
(2) Each subcommittee shall deliberate on matters delegated by the Health Committee among the matters to be deliberated by the Health Committee.
(3) The superintendent of education shall determine the assignment of the members of a City/Do School Health Committee to each subcommittee. <Amended by Presidential Decree No. 24026, Aug. 13, 2012>
(4) Each subcommittee shall have one chairperson, each of whom shall be elected from among its members.
(5) The provisions of Article 27 shall apply mutatis mutandis to subcommittee meetings.
 Article 29 (Executive Secretary and Clerk)
(1) The Health Committee shall have one executive secretary and several clerks.
(2) The executive secretary and clerks of the Health Committee shall be appointed by the superintendent of education from among public officials under his/her control. <Amended by Presidential Decree No. 24026, Aug. 13, 2012>
(3) The executive secretary shall perform the administrative affairs of the Committee upon instruction of the chairperson, and clerks shall assist the executive secretary.
 Article 30 (Request for Cooperation)
The Minister of Education or the superintendent of education may request any non-profit corporation related to health sanitation in schools, non-profit medical institution, or national or public health and medical institution to render cooperation necessary to protect and improve the health of students and teaching staff. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
 Article 31 (Hearings, etc., of Opinions of Experts, etc.)
(1) The Health Committee and subcommittees may, if necessary, hear the opinions of relevant experts.
(2) The Health Committee and subcommittees may, if necessary, request the relevant public official to present the relevant materials or to attend a meeting to answer questions, and the relevant public official shall comply with the request of the Protection Committee or subcommittees, except in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 27831, Feb. 3, 2017]
 Article 31-2 (Allowances and Travel Expenses)
Allowances, travel expenses, and other necessary expenses may be paid to members of the Committee or the relevant experts, etc., attending a meeting of the Health within the budget: Provided, That this shall not apply where a public official attends a Committee meeting in direct connection with his/her affairs.
[This Article Newly Inserted by Presidential Decree No. 27831, Feb. 3, 2017]
 Article 31-3 (Detailed Rules of Operation)
Matters necessary for the operation of the Protection Committee and subcommittees, other than matters prescribed in the Decree shall be determined by the chairperson following a resolution of the Protection Committee.
[This Article Newly Inserted by Presidential Decree No. 27831, Feb. 3, 2017]
CHAPTER VII SUPPLEMENTARY PROVISIONS
 Article 32 Deleted. <by Presidential Decree No. 27831, Feb. 3, 2017>
 Article 32-2 (Management of Sensitive Information and Personally Identifiable Information)
(1) When it is unavoidable to perform affairs concerning health examinations under Article 7 of the Act, the head of a school may manage information on health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act. <Amended by Presidential Decree No. 27457, Aug. 29, 2016>
(2) When it is unavoidable to perform affairs concerning the examination of completion of vaccination under Article 10 of the Act, the head of an elementary or secondary school may manage information on health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act. <Amended by Presidential Decree No. 27457, Aug. 29, 2016>
(3) When it is unavoidable to perform affairs concerning vaccinations against infectious diseases under Article 14-2 of the Act, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu, including a person delegated or entrusted with the relevant authority, where the authority of the head of the Si/Gun or the head of the autonomous Gu has been delegated or entrusted) may manage information on health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act. <Amended by Presidential Decree No. 27457, Aug. 29, 2016; Amended by Presidential Decree No. 27831, Feb. 3, 2017>
(4) When it is unavoidable to perform following affairs, the Minister of Education, the Minister of Health and Welfare, the Superintendent of Education or the head of a school may manage information on health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act: <Newly Inserted by Presidential Decree No. 27457, Aug. 29, 2016>
1. Affairs regarding sharing of infectious disease information under Article 14-3 (4) of the Act;
2. Affairs regarding report on infectious disease information under Article 14-3 (5) of the Act;
3. Affairs regarding making infectious disease information public under Article 14-3 (6) of the Act.
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
 Article 33 (Re-Examination of Regulation)
The Minister of Education shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
1. Standards for the installation of a health toom and standards of equipment and apparatuses required in a health room under Article 2: January 1, 2014;
2. Standards for the placement of, qualifications and duties of school physicians, school pharmacists and health teachers under Article 23: January 1, 2014.
[This Article Wholly Amended by Presidential Decree No. 27831, Feb. 3, 2017]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2008.
Article 2 (Transitional Measures concerning Existing Facilities)
Facilities approved by the superintendent of education or any person designated by him/her pursuant to the following before this Decree enters into force shall be deemed facilities approved by the superintendent of education or any person designated by him/her pursuant to the proviso to Article 6 (1) of the Act following deliberation by the Cleanup Committee in accordance with this Decree:
1. Paragraph (3) of Addenda to the amended Enforcement Decree of the School Health Act, Presidential Decree No. 10481;
2. Paragraph (2) of Addenda to the amended Enforcement Decree of the School Health Act, Presidential Decree No. 13214;
3. Paragraph (2) of Addenda to the amended Enforcement Decree of the School Health Act, Presidential Decree No. 13982;
4. Paragraph (2) of Addenda to the amended Enforcement Decree of the School Health Act, Presidential Decree No. 15607.
Article 3 (Relationship to Other Statutes)
Where the provisions of the Enforcement Decree of the School Health Act are cited in other statutes at the time this Decree enters into force, if the provisions corresponding thereto exist in this Decree, the corresponding provisions in this Decree shall be deemed to have been cited in place of the previous provisions.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22232, Jun. 29, 2010>
This Decree shall enter into force on September 1, 2010.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24026, Aug. 13, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 7 and 7-2 shall enter into force three months after the date of its promulgation.
Articles 2 (Applicability to Term of Office of Members of the Cleanup Committee)
(1) The amended provisions of Article 7-2 shall apply to a person who is commissioned as a member of the Cleanup Committee (including the renewal of his/her term of office) after this Decree enters into force.
(2) Where the amended provisions of Article 7-2 are applied pursuant to paragraph (1), a member who is in the middle of his/her first term of office after being commissioned before this Decree enters into force may be eligible for the renewal of his/her term of office once after the completion of such first term of office, and no member who is in the middle of his/her term of office after renewal thereof at least once before this Decree enters into force shall be eligible for the renewal thereof after the completion of such renewed term of office.
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24666, Jul. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Ommission, ect. of Some Details of Assessment Report)
The amended provisions of Articles 9 (2) and 10 (3) shall apply, beginning with the first case where the selector of a school site submits the assessment report to the superintendent of education after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25255, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Existing Facilities)
Any facility established in the school environmental sanitation and cleanup zones before this Decree enters into force, which is the facility for providing multiple types of visual materials under the amended provisions of subparagraph 6 of Article 6, shall be transferred or closed before February 28, 2019: Provided, That, facilities recognized by the superintendent of education or any person to whom the superintendent delegates his/her authority under the proviso to Article 6 (1) of the Act, shall be excluded herefrom.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26571, Oct. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Ommission of Review of Assessment Report)
The amendment of the proviso to Article 10 (3) shall also apply where the procedures related to the approval under Article 6-2 (2) of the Act are being conducted as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 26855, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27457, Aug. 29, 2016>
This Decree shall enter into force on September 3, 2016.
ADDENDUM <Presidential Decree No. 27831, Feb. 3, 2017>
This Decree shall enter into force on February 4, 2017.