Law Viewer

Back Home

PREVENTION OF ACQUIRED IMMUNODEFICIENCY SYNDROME ACT

Act No. 3943, Nov. 28, 1987

Amended by Act No. 4077, Dec. 31, 1988

Act No. 5135, Dec. 30, 1995

Act No. 5454, Dec. 13, 1997

Act No. 5840, Feb. 8, 1999

Act No. 7451, Mar. 31, 2005

Act No. 8435, May 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8940, Mar. 21, 2008

Act No. 9847, Dec. 29, 2009

Act No. 9932, Jan. 18, 2010

Act No. 11749, Apr. 5, 2013

Act No. 14780, Apr. 18, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to the protection of national health by prescribing matters necessary for the prevention and management of acquired immunodeficiency syndrome (AIDS) and the protection of and support to infected persons therewith.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "infected person" means a person who is infected with human immunodeficiency virus;
2. The term "AIDS patient" means a person who shows clinical symptoms peculiar to AIDS, as prescribed by Presidential Decree, among infected persons.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 3 (Duties of State, Local Governments and Citizens)
(1) The State and local governments shall establish and implement measures for the prevention and management of AIDS and the protection of and support to infected persons, and provide education and conduct publicity campaigns for the prevention of discrimination and prejudice against infected persons and for the prevention of AIDS.
(2) The State and local governments shall contribute to activities for the prevention and medical treatment of AIDS in cooperation with the international community.
(3) Citizens shall pay attention to the prevention of AIDS with correct knowledge thereof, and actively cooperate in measures taken by the State or a local government under this Act.
(4) In cases falling under paragraphs (1) through (3), the State, local governments and citizens shall respect the human dignity and value of infected persons, protect their fundamental rights, and shall not have them suffer a disadvantage or discriminate against them except as otherwise provided for in this Act.
(5) No employer shall have a worker suffer a disadvantage or discrimination in labor relationship except as otherwise provided for in the Act on the ground that such worker is an infected person.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 4 Deleted. <by Act No. 9847, Dec. 29, 2009>
CHAPTER II NOTIFICATION AND REPORT
 Article 5 (Reports by Doctors or Medical Institutions, etc.)
(1) Any doctor or medical institution that has diagnosed an infected person or performed an autopsy of an infected person shall immediately report the fact of such diagnosis or autopsy to the head of the competent public health center, as prescribed by Ordinance of the Ministry of Health and Welfare, inform such infected person, his/her spouse (including a de facto partner; hereinafter the same shall apply) and his/her sexual partner of matters necessary for preventing the spread of AIDS and guide them to comply with such matters. In such cases, such doctor or medical institution shall take the opinions of the infected person into consideration as much as possible.
(2) Any person who has found an infected person through a scientific study or a test of blood or blood products under Article 9 or the head of an institution which has conducted the relevant study or test shall immediately report to the Minister of Health and Welfare, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Where an infected person died, a doctor or medical institution that has handled such death shall immediately report to the head of the competent public health center, as prescribed by Ordinance of the Ministry of Health and Welfare.
(4) The head of a public health center who has received a report pursuant to paragraphs (1) and (3) shall report such fact to the Mayor of a Special Self-governing City, the Governor of a Special Self-governing Province or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), and the Mayor of the Special Self-governing City or the Governor of the Special Self-governing Province who has received such report shall report such fact to the Minister of Health and Welfare, while the head of a Si/Gun/Gu shall report such fact to the Minister of Health and Welfare via the Special Metropolitan City Mayor, the Mayor of a Metropolitan City, or the Governor of a Do.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 6 Deleted. <by Act No. 8940, Mar. 21, 2008>
 Article 7 (Prohibition against Divulgence of Confidential Information)
No person falling under any of the following shall, except for cases provided for in this Act or an order issued under this Act, or in any other Act or subordinate statute, or cases where the person himself/herself has given consent, divulge any confidential information he/she has learnt about such infected person in the course of performing his/her duties not only during his/her term of office but after his/her retirement:
1. Persons who engage in affairs regarding the prevention and management of AIDS and the protection of and support to infected persons in the State or local governments;
2. Persons who have participated in the diagnosis, autopsy, medical treatment and nursing of infected persons;
3. Persons who keep and manage records regarding infected persons.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
CHAPTER III MEDICAL EXAMINATION
 Article 8 (Medical Examinations)
(1) The Minister of Health and Welfare, the Special Metropolitan City Mayor, the Mayor of a Metropolitan City, the Mayor of a Special Self-governing City, the Governor of a Do, the Governor of a Special Self-governing Province (hereinafter referred to as the "Mayor/Do Governor") or the head of a Si/Gun/Gu shall administer regular or occasional medical examinations for persons who work at a business establishment which frequently comes into contacts with the general populace and are subject to a medical examination under paragraph (2).
(2) The Minister of Health and Welfare, Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct medical examination of AIDS for persons who have sufficient grounds to be deemed infected with AIDS or are in circumstances vulnerable to infection with AIDS, and fall under any of the following subparagraphs:
1. A spouse or sexual partner of an infected person;
2. Other persons whose medical examination is deemed necessary by the Minister of Health and Welfare for the prevention of AIDS.
(3) Any long-term sojourner prescribed by Presidential Decree among foreigners entering the Republic of Korea from abroad shall produce to the Minister of Health and Welfare an AIDS-negative certificate issued within one month before entering the Republic of Korea. Where he/she fails to produce such certificate, he/she shall undergo a medical examination within 72 hours after entering the Republic of Korea.
(4) Any person conducting medical examinations of AIDS shall notify a person subject to a medical examination that he/she may not disclose his/her name, resident registration number, address, etc. or may undergo a medical examination by using a false name (hereinafter referred to as an "anonymous medical examination"), and conduct a medical examination even in cases where he/she applies for an anonymous medical examination.
(5) Any person who conducts medical examinations under paragraph (4) shall, where a person is identified as an infected person as a result of a medical examination, report to the head of the competent public health center, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, information on such infected person shall be managed anonymously.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 8-2 (Notification of Results of Medical Examinations)
(1) No person who has conducted a medical examination of AIDS shall notify any person, other than the person himself/herself subject to the medical examination, of the results of such medical examination: Provided, That where a person subject to the medical examination is a person who lives communally in a military camp, correctional institution, etc., the person who has conducted the medical examination shall notify the head of the relevant institution of the results of such medical examination, and where the person subject to the medical examination is a minor, feeble-minded person or mentally disabled person, the person who has conducted the medical examination shall notify his/her legal representative of the results of such medical examination.
(2) In cases of notification of the results of a medical examination under paragraph (1), notification to a person judged as an infected person shall be given by a method that may keep the results of the medical examination confidential, such as notification through an interview.
(3) No employer is allowed to request a worker to submit a written report generated from a medical examination of AIDS.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 9 (Tests of Blood, Organs, Tissues, etc.)
(1) Any blood bank referred to in subparagraph 3 of Article 2 of the Blood Management Act and any person who imports blood products (including blood and blood plasma; hereinafter the same shall apply) shall test whether or not blood gathered at the relevant blood bank or imported blood products are infected with human immunodeficiency virus, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That this shall not apply where a document issued by an exporting country of imported blood products which certifies that the relevant products are not infected with human immunodeficiency virus is attached thereto and the Minister of Health and Welfare deems tests of such products unnecessary.
(2) Any doctor or medical institution shall conduct tests on infection with human immunodeficiency virus, as prescribed by Ordinance of the Ministry of Health and Welfare, before conducting of the following acts:
1. Organ (including an artificial organ; hereinafter the same shall apply) or tissue transplantation;
2. The provision of sperm;
3. The use of other carriers (hereinafter referred to as "carriers") susceptible to infection with human immunodeficiency virus.
(3) Any blood, imported blood products, organs, tissues, sperm and carriers which have not undergone tests under paragraphs (1) and (2) or are found infected with human immunodeficiency virus as a result of tests shall not be distributed, sold or used.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 10 (Epidemiological Investigation)
The Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct medical examinations of infected persons or persons who have sufficient grounds for being suspected as infected as to whether they are persons with AIDS or epidemiological investigations to trace the spreading course of AIDS.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 11 (Presentation of Identification Cards)
Any person who conducts a medical examination under Article 8 and epidemiological investigation under Article 10 shall carry an identification card indicating his/her authority and present it to the relevant person.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 12 (Issuance of Certificates)
The certificates indicating the results of a medical examination under Article 8 and epidemiological investigation under Article 10 shall be issued to any person who has undergone such medical examination and epidemiological investigation, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
CHAPTER IV PROTECTION OF AND SUPPORT TO INFECTED PERSONS
 Article 13 (Establishment of Specialized Medical Institutions, etc.)
(1) The Minister of Health and Welfare may establish and operate specialized medical institutions or research institutions necessary for the prevention and management of AIDS and the protection of, support to or medical treatment of infected persons.
(2) Matters necessary for the establishment and operation of specialized medical institutions or research institutions under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 14 (Advice on Medical Treatment)
The Minister of Health and Welfare, the Mayor/Do Governor or the head of a Si/Gun/Gu may advise infected persons provided for in the following subparagraphs, including those among infected persons who may infect others, to receive medical treatment or recuperate their health in a specialized medical institution under Article 13 or in a sanatorium under Article 16 in order to prevent the spread of infection with human immunodeficiency virus:
1. A person who is identified as an infected person as a result of a medical examination, and engages in or is likely to engage in a business subject to medical examinations;
2. An infected person who is deemed to be likely to infect others in the light of his/her ability to pay attention, surroundings, etc;
3. An infected person who has no ability to maintain his/her livelihood and is not supported or protected by another person.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 14-2 Deleted. <by Act No. 5840, Feb. 8, 1999>
 Article 15 (Treatment and Measures for Protection, etc.)
(1) When an infected person is deemed to be likely to infect others in the light of his/her ability to pay attention, surroundings, etc. among infected persons who do not comply with any advice to receive medical treatment under Article 14, the Minister of Health and Welfare, Mayor/Do Governor or the head of a Si/Gun/Gu may force him/her to receive medical treatment and protection.
(2) Where the Minister of Health and Welfare, Mayor/Do Governor or the head of a Si/Gun/Gu forces an infected person to receive medical treatment and protection pursuant to paragraph (1), a person who implements measures for medical treatment and protection shall carry an identification card indicating his/her authority and produce it to the relevant person.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 16 (Establishment and Operation of Sanatoriums, etc.)
(1) The Minister of Health and Welfare or Mayor/Do Governor may establish and operate facilities for medical treatment, recuperation, etc. of infected persons (hereinafter referred to as "sanatorium") and facilities for providing information and counselling, helping self-support, etc. for infected persons (hereinafter referred to as "shelter").
(2) Matters necessary for the establishment and operation of sanatoriums and shelters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 17 Deleted. <by Act No. 5840, Feb. 8, 1999>
 Article 17-2 (Securing Technologies for Preventive Medical Treatment, etc.)
(1) The Minister of Health and Welfare shall endeavor to secure medical supplies and technologies for the prevention and medical treatment of AIDS.
(2) The Minister of Health and Welfare may support research projects for securing medical supplies and techniques under paragraph (1).
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 18 (Restrictions on Employment)
(1) No infected person shall be employed to work at an establishment where the employees thereof should undergo regular medical examinations pursuant to Article 8 (1).
(2) No person who operates an establishment referred to in Article 8 (1) shall have an infected person or a person who has not undergone a medical examination work at his/her establishment.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 19 (Prohibition against Carrying and Spreading AIDS)
No infected person shall perform any act of carrying and spreading AIDS to another person through blood or body fluids.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 20 (Protection of Family Dependents)
When the Mayor of a Special Self-governing City, the Governor of the Special Self-governing Province or the head of a Si/Gun/Gu deems that dependents of an infected person face difficulty in maintaining their livelihood, he/she shall take measures necessary to protect their livelihood, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 21 (Duty to Render Cooperation)
(1) The Minister of Health and Welfare may request the head of any related agency to render cooperation necessary for the prevention and management of AIDS and the protection of and support to persons infected with AIDS.
(2) The head of an agency who receives a request under paragraph (1) shall actively cooperate with the Minister of Health and Welfare, and shall not refuse to render cooperation without any justifiable reason.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 22 (Bearing of Expenses)
The State or a local government shall bear any of the following expenses or subsidize all or some of the expenses, as prescribed by Presidential Decree:
1. Expenses for medical examinations under Article 8;
2. Expenses for epidemiological investigations under Article 10;
3. Expenses for the establishment and operation of research institutions or specialized medical institutions under Article 13;
4. Expenses for treatment in specialized medical institutions under Article 13;
5. Expenses for the protection of livelihood under Article 20;
6. Expenses for the education and publicity campaigns for the prevention of AIDS of organizations or institutions entrusted pursuant to Article 23 (2);
7. Expenses for the establishment and operation of sanatoriums and shelters of organizations and institutions entrusted pursuant to Article 23 (3).
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 23 (Delegation or Entrustment of Authority)
(1) The Minister of Health and Welfare may delegate part of his/her authority under this Act to the Mayor/Do Governor or the head of the National Quarantine Station, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare or the head of a local government may entrust a private organization or relevant specialized institution with publicity campaigns and education for prevention under Article 3 (1), as prescribed by Presidential Decree.
(3) The Minister of Health and Welfare or the Mayor/Do Governor may entrust a private organization or relevant specialized institution with the establishment and operation of sanatoriums and shelters, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 24 Deleted. <by Act No. 8940, Mar. 21, 2008>
CHAPTER VI PENALTY PROVISIONS
 Article 25 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years:
1. A person who distributes, sells or uses blood, imported blood products, organs, tissues, sperm or carriers, in contravention of Article 9 (3);
2. A person who performs an act of carrying and spreading AIDS, in contravention of Article 19.
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 26 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than three years or a fine not exceeding 30 million won: <Amended by Act No. 14780, Apr. 18, 2017>
1. A person who has divulged any confidential information, in contravention of Article 7;
2. A person who fails to conduct an examination, in contravention of Article 9 (1) or (2);
3. A person who has an infected person work at the relevant establishment, in contravention of Article 18 (2).
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 27 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 14780, Apr. 18, 2017>
1. A person who fails to report or makes a false report, in contravention of Article 5;
2. A person who fails to comply with a medical examination under Article 8, or an epidemiological investigation under Article 10;
3. A person who has notified the results of a medical examination, in contravention of Article 8-2 (1) and (2), or who has requested the submission of a written report of a medical examination, in contravention of paragraph (3) of the same Article;
4. A person who has failed to comply with measures for medical treatment and protection under Article 15 (1);
5. A person who works at an establishment where his/her employment is restricted, in contravention of Article 18 (1), or a person who allows a person who has not undergone a medical examination to work at his/her establishment, in contravention of Article 18 (2).
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
 Article 28 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or other persons employed by, the corporation or an individual commits an offense referred to in Article 26 or 27 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be subject to a fine, and if a person commits an offense referred to in subparagraph 1 of Article 25, not only the offender shall be punished but the corporation or individual shall also be subject to a fine not exceeding 30 million won: Provided, That where a corporation or individual has not neglected to pay reasonable attention to and supervise the relevant business in order to prevent such offense, this shall not apply. <Amended by Act No. 14780, Apr. 18, 2017>
[This Article Wholly Amended by Act No. 11749, Apr. 5, 2013]
ADDENDUM
This Act shall enter into force sixty days after its promulgation.
ADDENDUM <Act No. 4077, Dec. 31, 1988>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 5135, Dec. 30, 1995>
This Act shall enter into force sixty days after its promulgation.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 5840, Feb. 8, 1999>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 7451, Mar. 31, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8940, Mar. 21, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11749, Apr. 5, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14780, Apr. 18, 2017>
This Act shall enter into force on the date of its promulgation.