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PUBLIC TOILETS, ETC. ACT

Act No. 7129, Jan. 29, 2004

Amended by Act No. 7240, Oct. 22, 2004

Act No. 7476, Mar. 31, 2005

Act No. 7934, Apr. 28, 2006

Act No. 8014, Sep. 27, 2006

Act No. 8852, Feb. 29, 2008

Act No. 8976, Mar. 21, 2008

Act No. 9566, Apr. 1, 2009

Act No. 9780, jun. 9, 2009

Act No. 10004, Feb. 4, 2010

Act No. 10726, May 30, 2011

Act No. 11690, Mar. 23, 2013

Act No. 12216, Jan. 7, 2014

Act No. 12248, Jan. 14, 2014

Act No. 12844, Nov. 19, 2014

Act No. 13089, Jan. 28, 2015

Act No. 13827, Jan. 27, 2016

Act No. 14113, Mar. 29, 2016

Act No. 14282, Dec. 2, 2016

Act No. 14839, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Act is to prescribe matters concerning the establishment, use, and hygienic management of public toilets, thereby to contribute to hygienic convenience and welfare promotion for the public.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "public toilet" means a toilet installed by the State, local governments, corporations or individuals for public use;
2. The term "toilet for public use" means a toilet open for public use among toilets installed in the facilities of public institutions, or toilets designated by 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 referred to as the "head of a Si/Gun/Gu") pursuant to Article 9 (2);
3. The term "movable toilet" means a toilet installed to be used for large gatherings and events, etc.;
4. The term "portable toilet" means a small toilet installed in an area where it is impracticable to install a public toilet;
5. The term "pay toilet" means toilets for which their installer or manager may collect charges from users;
6. The term "public institution" means the State, local governments and institutions prescribed by Presidential Decree among other public institutions.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 3 (Scope of Application)
In regard to public toilets, toilets for public use, movable toilets, portable toilets and pay toilets (hereinafter referred to as "public toilets, etc.") installed in any of the following places or facilities, this Act shall apply in preference to other Acts: <Amended by Act No. 12216, Jan. 7, 2014; Act No. 12248, Jan. 14, 2014; Act No. 13089, Jan. 28, 2015; Act No. 14113, Mar. 29, 2016; Act No. 14282, Dec. 2, 2016>
1. Natural parks under subparagraph 1 of Article 2 of the Natural Parks Act;
2. Facilities of a scale determined by municipal ordinance of a Special Self-Governing Province or a Si/Gun or Gu (referring to an autonomous Gu; hereinafter referred to as a "Si/Gun/Gu"), among tourist destinations, tourist complexes and support facilities under subparagraphs 6, 7 and 10 of Article 2 of the Tourism Promotion Act;
3. Bus terminals under subparagraph 5 of Article 2 of the Passenger Transport Service Act;
4. Superstores, temporary markets, shopping malls and specialized shopping complexes under subparagraphs 3, 5, 7 and 8 of Article 2 of the Distribution Industry Development Act;
5. Urban parks under subparagraph 3 of Article 2 of the Act on Urban Parks, Green Areas, etc.;
6. Rest facilities under subparagraph 2 (a) of Article 2 of the Road Act;
7. Station facilities among railroad facilities under subparagraph 2 (a) of Article 3 of the Framework Act on Railroad Industry Development;
8. Stations and station facilities among urban railroad facilities under subparagraph 3 (a) of Article 2 of the Urban Railroad Act;
9. Facilities determined by municipal ordinance of a Si/Gun/Gu, such as passenger facilities at a harbor under subparagraph 1 of Article 2 of the Harbor Act;
10. Excursion ship stations and ferry stations under subparagraph 3 of Article 2 of the Excursion Ship and Ferry Business Act;
11. Gas stations that conduct petroleum sales business under subparagraph 6 of Article 2 of the Petroleum and Alternative Fuel Business Act;
12. Charging stations that conduct liquefied petroleum gas-filling business under subparagraph 4 of Article 2 of the Safety Control and Business of Liquefied Petroleum Gas Act;
13. Sports facilities under subparagraph 1 of Article 2 of the Installation and Utilization of Sports Facilities Act;
14. Airport facilities under subparagraph 7 of Article 2 of the Airport Facilities Act;
15. Places of public performance under subparagraph 4 of Article 2 of the Public Performance Act;
16. Facilities installed by the State or local governments for official or public use, which are determined by Presidential Decree;
17. Other facilities owned by a corporation or individual and used by many people, the scale of which is above the level determined by Presidential Decree.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 4 (Responsibilities of State and Local Governments)
The State and local governments shall formulate measures necessary for the establishment, designation and management of public toilets, etc. available for public use, in order to enhance convenience and sanitation levels for the public.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 5 (Formulation of Supply and Demand Plans of Public Toilets, etc.)
The head of a Si/Gun/Gu shall formulate supply and demand plans of toilets, such as the installation of public toilets in his/her jurisdiction or designation of toilets that are open to the public, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 6 (Installation of Public Toilets)
The head of a central administrative agency or the head of a local government may install a public toilet in a place or facility under Article 3 or may order a person who owns or manages such place or facility to install a public toilet.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 7 (Installation Standards for Public Toilets, etc.)
(1) Public toilets, etc. shall be segregated into male and female toilets, and the number of water closets in a female toilet shall be equal to or exceed the total number of water closets and urinals in a male toilet: Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) Notwithstanding paragraph (1), in regard to public toilets, etc. installed in places or facilities prescribed by Presidential Decree, the number of water closets in female toilets shall be at least 1.5 times the number of water closets and urinals in male toilets.
(3) The head of a Si/Gun/Gu shall install water closets for the use of persons with disabilities, the aged, pregnant women, etc. in public toilets, etc., according to installation standards prescribed by Presidential Decree and, if deemed necessary, may allow the installation of flower beds, places to relax, sales facilities, etc. that harmonize with the surrounding environment. In such cases, Article 8 of the Act on Guarantee of Promotion of Convenience of Persons with Disabilities, The Aged, Pregnant Women, Etc. shall apply mutatis mutandis to the installation of water closets for the use of persons with disabilities, the aged, pregnant women, etc.
(4) Wastewater and sewage generated in public toilets, etc. shall be disposed of in accordance with the Sewerage Act.
(5) Except for matters prescribed in paragraphs (1) through (4), other matters necessary for installation standards for public toilets, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 7-2 (Installation of Water Closets and Urinals for Children)
(1) Water closets, urinals and wash basins for children shall be installed in public toilets, etc., in accordance with installation standards prescribed by Presidential Decree.
(2) A diaper changing table shall be installed in male and female public restrooms, etc., as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 7-3 (Recycling of Water Used in Basins)
Water used in basins installed in public toilets, etc., the size of which is not less than the size prescribed by Presidential Decree, may be reused after undergoing a heavy water treatment process, in an effort to prepare for emergencies including water outages and save water. In such cases, reused water shall meet the standards for the quality of heavy water, as prescribed by the Water Supply and Waterworks Installation Act or the Sewerage Act.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 8 (Management of Public Toilets)
(1) A person who owns or manages a place or facility wherein a public toilet is installed shall designate a person to manage the relevant public toilet (hereinafter referred to as "public toilet manager") and supervise him/her, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(2) A public toilet manager shall comply with management standards for public toilets for the sanitation of public toilets and their surroundings.
(3) Standards for the management of public toilets shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 9 (Toilets for Public Use)
(1) The head of a public institution shall make toilets installed in the relevant facilities available for public use, except in the following cases:
1. Where inappropriate for the general public to enter the relevant facilities, because security or safety management is required in light of the characteristics of such facilities or business;
2. Where impracticable to install toilets for the use of many people, due to the structural characteristics of relevant facilities.
(2) The head of a Si/Gun/Gu may designate toilets installed in facilities owned by a corporation, the scale of which is not smaller than that prescribed by Presidential Decree, or by an individual, as toilets for public use that are open to the public, after consultation with a person who owns or manages such facilities.
(3) The head of a Si/Gun/Gu shall post a notice at a location conspicuous to the public in facilities wherein toilets for public use under paragraphs (1) and (2) are installed.
(4) Except for matters prescribed in paragraphs (1) through (3), necessary matters concerning designation procedures, operating methods, etc. for toilets for public use shall be prescribed by municipal ordinance of a Si/Gun/Gu.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 10 (Movable Toilets)
(1) Where large numbers of people congregate for an event, etc. in the jurisdiction of the head of a Si/Gun/Gu, he/she may order a person who supervises such event to install movable toilets.
(2) Necessary matters concerning installation standards, management methods, etc. for movable toilets shall be prescribed by municipal ordinance of a Si/Gun/Gu.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 10-2 (Portable Toilets)
(1) The head of a Si/Gun/Gu may install portable toilets at such places as mountains, beaches, or riversides where it is impracticable to install public toilets due to electricity, water supply or filthy water, etc.
(2) Necessary measures shall be taken to make sure that portable toilets installed at such places as mountains, beaches, or riversides under paragraph (1) do not pollute the surrounding environment due to heavy rain or storm.
(3) Except for matters prescribed in paragraphs (1) and (2), necessary matters concerning the installation of and management standards, etc. for portable toilets shall be prescribed by municipal ordinance of a Si/Gun/Gu.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 11 (Pay Toilets)
(1) A corporation or individual who intends to install and operate pay toilets shall report to the head of a Si/Gun/Gu.
(2) A person who installs or operates pay toilets shall post a notice sign representing pay toilets in conspicuous public places within 15 days from the date on which he/she reports to the head of a Si/Gun/Gu.
(3) Necessary matters concerning requirements, procedures, etc. for reporting pay toilets shall be prescribed by municipal ordinance of a Si/Gun/Gu.
(4) Installation standards for public toilets, etc. under Article 7 and management standards for public toilets under Article 8 shall apply mutatis mutandis to the installation and management standards for pay toilets.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 12 (Facilities Inspection)
The head of a Si/Gun/Gu shall conduct an annual regular inspection and, when necessary, make occasional inspections on public toilets, etc. in order to verify whether such toilets are maintained and managed pursuant to Articles 7, 7-2 and 8.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 13 (Improvement Orders, etc.)
Where the head of a Si/Gun/Gu recognizes that a person who installs or manages public toilets, etc. violates installation standards under Article 7 or 7-2 or management standards under Article 8, he/she may take necessary measures, such as issuing improvement orders, shutdown orders, demolition orders, etc.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 14 (Prohibited Acts)
A person who uses public toilets, etc. shall not conduct any of the following acts:
1. Leaving scribbles in public toilets, etc.;
2. Damaging objects in public toilets, etc.;
3. Marking or installing for-profit advertisements;
4. Other acts prescribed by municipal ordinance of a Si/Gun/Gu, which impede the sanitary use of toilets, such as leaving waste in public toilets, etc.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 15 (Advisory Committee Members for Operation of Public Toilets)
(1) An advisory committee for the operation of public restooms may be established at a Si/Gun/Gu to consult with the head of a Si/Gun/Gu on the following matters concerning the installation, designation or management of public toilets, etc:
1. Formulation of supply and demand plans of public toilets, etc.;
2. Installation of public toilets or designation of toilets for public use;
3. Matters concerning the installation of pay toilets, movable toilets and portable toilets;
4. Other matters necessary for the operation and management of public toilets, etc.
(2) Matters necessary for the organization and operation of an advisory committee for the operation of public toilets shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 15-2 (The Korea Toilet Association)
(1) Persons who conduct business related to toilets, persons who are engaged in study and research related to toilets and other persons prescribed by Presidential Decree may establish the Korea Toilet Association (hereinafter referred to as the "Association") to promote study and research on toilets, technology development and the sound development of the toilet culture.
(2) The Association shall be established by effecting the registration of incorporation in a place in which its head office is located, after obtaining authorization for such establishment from the Minister of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
(3) The Association shall be a corporation.
(4) Expenses incurred in conducting the business of the Association may be covered by dues paid by members including toilet business entities and proceeds from business, and the State and local governments may partially subsidize expenses within budgetary limits.
(5) Necessary matters concerning the affairs of the Association and the articles of association shall be prescribed by Presidential Decree.
(6) The provisions of the Civil Act regarding the incorporated association shall apply mutatis mutandis to the Association, except as otherwise provided in this Act.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 15-3 (Reporting, etc.)
The Minister of the Interior and Safety may order the Association to conduct a study or research on toilets or may have the Association report on matters necessary for its duty. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 13827, Jan. 27, 2016; Act No. 14839, Jul. 26, 2017>
[This Article Newly Inserted by Act No. 7934, Apr. 28, 2006]
 Article 16 (Providing Subsidies)
The State and local governments may provide a person who installs, manages or improves public toilets, etc. with some of the expenses incurred for installation, management or improvement within budgetary limits. In such cases, where such person improves existing public toilets, etc. pursuant to Articles 7 (1) through (3), 7-2 and 7-3, some of the expenses incurred for such improvement may be preferentially subsidized.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 17 (Entrustment to Private Sector)
The head of a Si/Gun/Gu may entrust the business of managing public toilets installed by relevant local governments to an organization, individual, etc., as prescribed by municipal ordinance of the relevant local government.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 18 (Delegation to Municipal Ordinance)
Matters necessary for the maintenance and management of public toilets, etc., except for matters prescribed by orders under this Act, shall be prescribed by municipal ordinance of the relevant local government.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 19 (Reporting, etc.)
The Minister of the Interior and Safety or the head of a Si/Gun/Gu may have a person who installs or manages public toilets, etc. report or submit materials within the scope necessary for the enforcement of this Act, as prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017>
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 20 Deleted. <by Act No. 9566, Apr. 1, 2009>
 Article 21 (Administrative Fines)
(1) A person who installs or operates pay toilets without reporting under Article 11 (1) shall be subject to an administrative fine not exceeding two million won.
(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won:
1. A person who fails to comply with an installation order under Article 6 or 10 (1);
2. A person who fails to fulfil the responsibility to post a notice sign pursuant to Article 11 (2) or a person who violates installation and management standards under Article 11 (4);
3. A person who fails to comply with an order under Article 13;
4. A person who fails to comply with the request for reporting, etc. under Article 19.
(3) A person who conducts any prohibited act, in violation of Article 14, shall be subject to an administrative fine not exceeding five hundred thousand won.
(4) Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the head of a Si/Gun/Gu.
[This Article Wholly Amended by Act No. 10726, May 30, 2011]
 Article 22 Deleted. <by Act No. 9566, Apr. 1, 2009>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Standards on Installation) Standards for the installation or management of public toilets, etc. under Articles 7 and 8 shall be exclusively applied to public toilets newly installed after this Act enters into force.
(3) (Transitional Measures concerning Public Toilets) Public toilets installed under other statutes at the time this Act enters into force shall be deemed public toilets installed under this Act. In such cases, any person who installs and manages public toilets, which fail to meet standards on the installation of public toilets, etc. under Article 7, shall formulate plans on facility installation, which meet standards under Article 7, and submit them to the head of a Si/Gun/Gu within one year after this Act enters into force.
(4) Omitted.
ADDENDA <Act No. 7240, Oct. 22, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7476, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 7934, Apr. 28, 2006>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Installation Standards) The revised provisions of Articles 7 (2),(3) and 7-2 shall begin to apply to the first public toilet, etc. installed after this Act enters into force.
(3) (Transitional Measures concerning the Korea Toilet Association) The Korea Toilet Association established under Article 32 of the Civil Act at the time this Act enters into force shall be deemed the association established under this Act: Provided, That the association shall revise the articles of association within six months after this Act enters into force and receive authorization from the Minister of Public Administration and Security.
(4) (Transitional Measures concerning Standards on Installation of Public Toilets) When public toilets, etc. already installed at the time this Act enters into force fail to meet installation standards under Articles 7 (2),(3) and 7-2, any person who installs and manages such public facilities, etc. shall formulate plans on facility installation, which meet such standards, and submit them to the head of a Si/Gun/Gu within one year after this Act enters into force.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 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.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9566, Apr. 1, 2009>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The application of penalty provisions to acts committed before this Act enters into force shall be governed by the previous provisions.
ADDENDA <Act No. 9780, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10004, Feb. 4, 2010>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures) When any person, who has installed and managed public toilets, etc. already installed at the time this Act enters into force, intends to receive subsidies under the revised provisions of Article 16 to install facilities for recycling water under the revised provisions of Article 7-3, he/she shall formulate plans on the recycling of water, including the size of necessary facilities, the expected amounts of saved water or water rates and submit them to the head of a Si/Gun/Gu within one year after this Act enters into force.
Addenda <Act No. 10726, May 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12216, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13089, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 13827, Jan. 27, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDUM <Act No. 14282, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended pursuant to Article 5 of this Addenda, amended parts of the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not arrived, shall enter into force on the enforcement date of the relevant Act, respectively.
Articles 2 through 6 Omitted.