CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the improvement and maintenance of citizens' health by preventing the occurrence and prevalence of infectious diseases hazardous to citizens' health, and prescribing necessary matters for the prevention and control thereof.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 11645, Mar. 22, 2013; Act No. 12444, Mar. 18, 2014; Act No. 13392, Jul. 6, 2015>
| 1. | The term "infectious disease" means any infectious disease classified in Group 1 infectious diseases, Group 2 infectious diseases, Group 3 infectious diseases, Group 4 infectious diseases, Group 5 infectious diseases, designated infectious diseases, infectious diseases under surveillance by the World Health Organization, infectious diseases spread through bioterrorism, sexually transmitted infectious diseases, zoonoses, and nosocomial infectious diseases; |
| 2. | The term "Group 1 infectious diseases" means the following infectious diseases spread via drinking water or food, with a high risk of mass outbreak, requiring the formulation of immediate control measures upon the outbreak or prevalence thereof: |
| (d) | Shigellosis, Bacillary dysentery; |
| (e) | Colon bacillus infection with enterorrhagia; |
| 3. | The term "Group 2 infectious diseases" means the following infectious diseases which can be prevented and controlled by vaccinations, subject to national vaccination programs: |
| (i) | Japanese encephalitis; |
| (k) | Haemophilus influenzae type B; |
| 4. | The term "Group 3 infectious diseases" means the following infectious diseases which require continuous surveillance and the formulation of control measures against the outbreak thereof as they may prevail intermittently: |
| (c) | Hansen's disease (Leprosy); |
| (e) | Meningococcal meningitis; |
| (g) | Vibrio vulnificus sepsis; |
| (o) | Hemorrhagic fever with renal syndrome: |
| (q) | Acquired immunodeficiency syndrome (AIDS); |
| (s) | Creutafeld-Jakob disease (CJD) and variant Creutafeld-Jakob disease (vCJD); |
| 5. | The term "Group 4 infectious diseases" means the following infectious diseases which have newly broken out or are likely to break out in the Republic of Korea, or which prevail abroad with a risk to be transmitted into the Republic of Korea: Provided, That Group 4 infectious diseases include infectious diseases designated by the Ministry of Health and Welfare, as they are feared to be suddenly transmitted into or prevalent in the Republic of Korea and are necessary for urgent prevention and control: |
| (d) | Viral hemorrhage fever (VHF); |
| (g) | Severe acute respiratory syndrome (SARS); |
| (h) | Animal influenza infection in humans; |
| (i) | Novel influenza (H1N1); |
| (m) | Emerging infectious disease syndrome; |
| (n) | Lyme disease (also known Lyme borreliosis); |
| (o) | Tick-borne encephalitis; |
| (r) | Severe fever with thrombocytopenia syndrome (SFTS); |
| (s) | Middle East respiratory syndrome (MERS); |
| 6. | The term "Group 5 infectious diseases" means infectious diseases spread by parasite infection, which are designated by Ordinance of the Ministry of Health and Welfare, as they require surveillance through regular investigations: Provided, That Group 5 infectious diseases include infectious diseases designated by the Ministry of Health and Welfare, as they are feared to be suddenly transmitted into or prevalent in the Republic of Korea and are necessary for urgent prevention and control; |
| 7. | The term "designated infectious diseases" means infectious diseases designated by the Minister of Health and Welfare, as they requires surveillance to investigate as to whether they are epidemic, other than Groups 1 through 5 infectious diseases; |
| 8. | The term "infectious diseases under surveillance by the Word Health Organization", means infectious diseases designated to be subject to surveillance by the World Health Organization to prepare for international public health emergencies, as publicly announced by the Minister of Health and Welfare; |
| 9. | The term "infectious diseases spread through bioterrorism" means infectious diseases publicly announced by the Minister of Health and Welfare, among those spread by pathogens either deliberately used or for terrorism, etc.; |
| 10. | The term "sexually transmitted infectious diseases" means infectious diseases publicly announced by the Minister of Health and Welfare, among those transmitted by sexual contact; |
| 11. | The term "zoonoses" means infectious diseases publicly announced by the Minister of Health and Welfare, among those spread by pathogens transmittable from animals to humans and vice-versa; |
| 12. | The term "nosocomial infectious diseases" means infectious diseases occurred to patients, expecting mothers, etc. in the course of undergoing medical activities, which are publicly announced by the Minister of Health and Welfare, as they requires surveillance; |
| 13. | The term "patient with an infectious disease" means a person whose body has been affected by the pathogen of an infectious disease to indicate relevant symptoms and whose case has been confirmed by a medical doctor or oriental medical doctor according to the diagnosis standards under Article 11 (6), or by a laboratory test of an institution determined by Ordinance of the Ministry of Health and Welfare (hereinafter referred to as "institution for confirming pathogens of infectious diseases"); |
| 14. | The term "patient suspected of an infectious disease" means a person suspected of being affected by the pathogen of an infectious disease, but has yet to be confirmed as a patient with an infectious disease; |
| 15. | The term "pathogen carrier" means a person who has no clinical symptoms, but carries the pathogen of an infectious disease; |
| 16. | The term "surveillance" means the complete processes of systematically and continuously collecting, analyzing, and interpreting data on the outbreak of infectious diseases and the vectors thereof, of timely distributing findings thereof to those who need such findings, and of using the findings for the prevention and control of infectious diseases; |
| 17. | The term "epidemiological investigation" means the activities of investigating the number of cases involving patients with an infectious disease, patients suspected of an infectious disease, or pathogen carriers (hereinafter referred to as "patients, etc. with an infectious disease") and of tracing the sources of their infection, etc., if such cases occur, in order to quarantine such infectious diseases and to prevent their spread, and the activities of examining the causes of adverse reactions, if such cases occur, after vaccinations have been taken against infectious diseases; |
| 18. | The term "adverse reaction to a vaccination" means any symptom or disease that may be caused by a vaccination, which is related to such vaccination in terms of time; |
| 19. | The term "high-risk pathogen" means the pathogen of an infectious disease determined by Ordinance of the Ministry of Health and Welfare, which could cause serious threat to citizens' health if used for biological terrorism or leaked to the outside due to accidents, etc.; |
| 20. | The term "new overseas infectious diseases subject to control" means infectious diseases designated by the Minister of Health and Welfare, which are caused by a variant or coproma of an existing pathogen, or a new pathogen, unknown to science, giving rise to a new health problem internationally, and which require countermeasures against transmission into the Republic of Korea. |
| Article 3 (Relation to other Acts) |
Except as otherwise provided for in other Acts, this Act shall apply to the prevention and control of infectious diseases.
| Article 4 (Duties of State and Local Governments) |
| (1) | The State and local governments shall respect the dignity and values of patients, etc. with an infectious disease as human beings, protect their fundamental rights, and shall not impose on them any disadvantage, such as restrictions on employment, except by Acts. |
| (2) | The State and local governments shall perform the following projects for preventing and controlling infectious diseases: <Amended by Act No. 12444, Mar. 18, 2014; Act No. 13392, Jul. 6, 2015> |
| 1. | Preventive and quarantine measures against infectious diseases; |
| 2. | Medical treatment and protection of patients, etc. with an infectious disease; |
| 3. | Formulation and implementation of plans for vaccination for the prevention of infectious diseases; |
| 4. | Education and publicity concerning infectious diseases; |
| 5. | Collection, analysis, and provision of information on infectious diseases; |
| 6. | Investigation and research on infectious diseases; |
| 7. | Tests, preservation, and control of pathogens of infectious diseases and the surveillance of drug resistance thereof; |
| 8. | Nurturing specialists for the prevention of infectious diseases; |
| 9. | International cooperation for the exchange, etc. of infectious disease control information; |
| 10. | Stockpiling of medicines, etc. for the treatment and prevention of infectious diseases; |
| 11. | Evaluation of infectious disease control projects; |
| 12. | Investigation and research on the occurrence of infectious diseases caused by factors affecting demographic changes, such as climate change, low birth rate, and aging population, and formulation of preventive measures; |
| 13. | Support for corporations or associations which perform duties for prevention and treatment of Hansen's disease; |
| 14. | Establishment and operation of an information system for the prevention and control of infectious diseases; |
| 15. | Formulation of a plan, education, and training for preparing against the transmission of new overseas infectious diseases into the Republic of Korea; |
| 16. | Continuous monitoring of the trends of outbreaks of new overseas infectious diseases, and the risk evaluation thereof, and the designation of new overseas infectious diseases subject to control; |
| 17. | Preparation of a system for prevention from and countermeasures against new overseas infectious diseases subject to control, and the publication of reports and the public announcement of the relevant guidelines (including manuals) on such new overseas infectious diseases, through the collection of information on pathogens, etc. thereof, the analysis of characteristics thereof, and research thereon. |
| (3) | The State and local governments (including superintendents of education) shall share information on infectious diseases and information on situations of the outbreak and prevalence thereof and mutually cooperate in order to efficiently treat such diseases and prevent the spread thereof. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| (4) | The State and local governments shall share the relevant information with medical institutions and medical personnel's associations prescribed in the Medical Service Act in order to surveil and prevent the outbreak of infectious diseases. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| Article 5 (Duties and Rights of Medical Personnel, etc.) |
| (1) | Medical personnel, the heads of medical institutions, etc. prescribed in the Medical Service Act, shall have the right to be provided information on the medical treatment of patients with infectious diseases, and may be compensated for any damage caused by the diagnosis, treatment, etc., of patients with infectious diseases. |
| (2) | Medical personnel, the heads of medical institutions, etc. prescribed in the Medical Service Act, shall make utmost effort for the diagnosis, management, treatment, etc., of patients with infectious diseases, and shall actively cooperate to comply with administrative orders issued by the Minister of Health and Welfare or the heads of local governments. |
| (3) | Medical personnel, the heads of medical institutions, etc. prescribed in the Medical Service Act, shall actively cooperate with the State and local governments that perform the affairs of the surveillance, prevention, and control of the outbreak of infectious diseases and epidemiological investigations. |
[This Article Wholly Amended by Act No. 13392, Jul. 6, 2015]
| Article 6 (Duties and Rights of Citizens) |
| (1) | Where each citizen is isolated and medically treated due to an infectious disease, he/she may be compensated for any damage caused by such isolation and medical treatment. <Amended by Act No. 13392, Jul. 6, 2015> |
| (2) | Each citizen shall have the right to know information on the situation of the outbreak of infectious diseases and the prevention and control of infectious diseases and how to cope therewith, and the State and local governments shall promptly disclose the relevant information. <Amended by Act No. 13392, Jul. 6, 2015> |
| (3) | Each citizen shall have the right to receive the diagnosis and medical treatment of any infectious disease under this Act at a medical institution, and the State and local governments shall bear expenses incurred therein. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| (4) | Each citizen shall actively cooperate with the State and local governments that perform activities for the prevention and control of infectious diseases, such as treatment and isolation measures. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
CHAPTER II MASTER PLANS AND PROJECTS
| Article 7 (Formulation, etc. of Plans for Prevention and Control of Infectious Diseases) |
| (1) | The Minister of Health and Welfare shall formulate and implement a master plan for preventing and controling infectious diseases (hereinafter referred to as "master plan") for every five years. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | A master plan shall include the following: <Amended by Act No. 13392, Jul. 6, 2015> |
| 1. | Basic objectives of and direction-setting for implementing the prevention and control of infectious diseases; |
| 2. | Plans for projects for preventing and controling major infectious diseases, and methods of implementation; |
| 3. | Schemes for nurturing infectious diseases specialists; |
| 3-2. | Schemes for strengthening the capabilities of each medical institution by type, prescribed in each subparagraph of Article 3 (2) of the Medical Service Act, to respond to emergencies with respect to infectious diseases; |
| 4. | Schemes for managing statistics and information on infectious diseases; |
| 5. | Schemes for sharing information related to infectious diseases among medical institutions; |
| 6. | Other matters necessary for preventing and controling infectious diseases. |
| (3) | A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), shall formulate and implement an implementation plan, based on a master plan. |
| (4) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, may request relevant administrative agencies or associations to provide necessary data for formulating and implementing master plans or implementation plans under paragraph (3). <Amended by Act No. 9932, Jan. 18, 2010> |
| (5) | The head of a relevant administrative agency or association in receipt of a request under paragraph (4), shall comply therewith, except in extenuating circumstances. |
| Article 8 (Operation of Organizations Supporting Infectious Disease Control Projects) |
| (1) | The Minister of Health and Welfare and a Mayor/Do Governor may establish an organization supporting infectious disease control projects which consists of private professionals, in order to support the implementation of mater plans and implementation plans under Article 7 and international cooperation affairs, etc. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The State and a local government may subsidize a necessary budget for the operation, etc. of an organization supporting infectious disease control projects. |
| (3) | Matters necessary for the establishment, operation, support, etc. of an organization supporting infectious disease control projects under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 8-2 (Infectious Disease Hospitals) |
| (1) | The State shall newly establish, or operate by designation, an infectious diseases specialty hospital or infectious diseases research hospital equipped with adequate facilities, personnel, and research capabilities to pursue research and prevention of infectious diseases, to nurture and train infectious diseases specialists, and to diagnose and treat patients with infectious diseases. |
| (2) | To diagnose and treat patients with infectious diseases, the State shall newly establish, or operate by designation, an infectious diseases specialty hospital equipped with at least the number of sickbeds (including negative pressure isolation rooms and isolation beds) prescribed by Ordinance of the Ministry of Health and Welfare, by region. |
| (3) | The State may provide budget support for newly establishing, or operating by designation, an infectious diseases specialty hospital or infectious diseases research hospital under paragraph (1) or (2), within budgetary limits. |
| (4) | Necessary procedures for and methods of establishing, or operating by designation, an infectious diseases specialty hospital or infectious diseases research hospital under paragraph (1) or (2), and details of support therefor, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
| Article 9 (The Infectious Disease Control Committee) |
| (1) | An Infectious Disease Control Committee (hereinafter referred to as the "Committee") shall be established under the Ministry of Health and Welfare to deliberate on major policies on the prevention and control of infectious diseases. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The Committee shall deliberate on the following: <Amended by Act No. 12444, Mar. 18, 2014> |
| 1. | Formulation of master plans; |
| 2. | Provision of medical services related to infectious diseases; |
| 3. | Investigation and research on infectious diseases; |
| 4. | Dissemination of knowledge concerning the prevention, control, etc. of infectious diseases, and the enhancement of the human rights of patients, etc. with an infectious disease; |
| 5. | Matters concerning autopsy orders issued under Article 20; |
| 6. | Matters concerning standards for and methods of conducting vaccinations under Article 32 (2); |
| 7. | Formulation and implementation of crisis control measures against infectious diseases under Article 34; |
| 8. | Matters concerning the preparatory stockpiling, long-term procurement, and production of preventive and therapeutic medicines, equipment, etc. under Article 40 (1) and (2); |
| 8-2. | Determination of criteria for distribution, including priorities on supplying medicines under Article 40-2, and other necessary matters; |
| 9. | Matters concerning compensation by the State for injury caused by vaccination, etc. under Article 71; |
| 10. | Other matters concerning the prevention and control of infectious diseases, which are referred by the Chairperson of the Committee to its meeting. |
| Article 10 (Composition of the Committee) |
| (1) | The Committee shall be comprised of not exceeding 20 members, including a Chairperson and a vice-chairperson. |
| (2) | The Vice Minister of Health and Welfare shall be the Chairperson; the vice-chairperson shall be appointed by the Chairperson, from among its members; and its members shall be appointed or commissioned by the Minister of Health and Welfare, from among the following: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13639, Dec. 29, 2015> |
| 1. | Public officials in charge of duties of preventing and controlling infectious diseases; |
| 2. | Medical personnel specialized in infectious diseases or infectious disease control; |
| 3. | Persons who have expertise related to infectious diseases; |
| 5. | Persons with substantial knowledge and experience in infectious diseases. |
| (3) | Advisory committees by field, comprised of the members of the Committee and external experts, may be established to efficiently perform the duties of the Committee. |
| (4) | In addition to matters provided for in paragraphs (1) through (3), matters necessary for the composition, operation, etc. of the Committee and advisory committees, shall be prescribed by Presidential Decree. |
CHAPTER III NOTIFICATION AND REPORTING
| Article 11 (Notification by Medical Doctors, etc.) |
| (1) | Where any of the following cases (excluding cases caused by an infectious disease subject to sentinel surveillance under Article 16 (6)) occurs, a medical doctor or oriental medical doctor shall report such fact to the head of the medical institution to which he/she belongs, and shall instruct the relevant patient and his/her cohabitants how to prevent infection determined by the Minister of Health and Welfare: Provided, That a medical doctor or oriental medical doctor who does not belong to a medical institution shall notify the head of the competent public health clinic of such fact: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13639, Dec. 29, 2015> |
| 1. | Where he/she diagnoses a patient, etc. with an infectious disease, or examines the corpse of such patient; |
| 2. | Where he/she diagnoses a person indicating an adverse reaction to a vaccination, or examines the corpse of such person; |
| 3. | Where a patient, etc. with an infectious disease dies of any infectious disease falling under Groups 1 through 4 infectious diseases. |
| (2) | Where a staff member of an institution for confirming pathogens of infectious diseases discovers a patient, etc. with an infectious disease through a laboratory test, etc., he/she shall report such fact to the head of the institution for confirming pathogens of infectious diseases. <Amended by Act No. 13392, Jul. 6, 2015> |
| (3) | In receipt of reporting prescribed in paragraphs (1) and (2), the head of a medical institution and the head of an institution for confirming pathogens of infectious diseases shall notify the Minister of Health and Welfare or the head of the competent public health clinic thereof, without delay, in cases of Groups 1 through 4 infectious diseases, and, within seven days, in cases of Group 5 infectious diseases and designated infectious diseases, respectively. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| (4) | Where any case falling under any subparagraph of paragraph (1) (excluding any case caused by an infectious disease subject to sentinel surveillance under Article 16 (6)) occurs, a military doctor serving in the Army, Navy, Air Force, or a unit under the direct control of the Ministry of Defense, shall report such fact to the commander of the unit to which he/she belongs, and the commander of the unit in receipt of reporting shall notify the head of the competent public health clinic thereof, without delay. <Amended by Act No. 13639, Dec. 29, 2015> |
| (5) | Where any case falling under paragraph (1) 1 or 3 occurs due to an infectious disease subject to sentinel surveillance referred to in Article 16 (6), an institution of sentinel surveillance referred to in Article 16 (1) shall notify the Minister of Health and Welfare or the head of the competent public health clinic thereof, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13639, Dec. 29, 2015> |
| (6) | Necessary matters concerning standards for diagnosing patients, etc. with infectious diseases, and methods and procedures for notification, etc., prescribed in paragraphs (1) through (5), shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13392, Jul. 6, 2015> |
| Article 12 (Other Persons Obligated to Notify) |
| (1) | Upon occurrence of cases of patients, etc. with a Group 1 infectious disease or cases of persons died of a Group 1 infectious disease or a suspected symptom thereof, and upon the outbreak of an infectious disease determined by Ordinance of the Ministry of Health and Welfare that is among Groups 2 through 4 infectious diseases, any of the following persons shall request a medical doctor or oriental medical doctor to perform a diagnosis or an autopsy, or notify it to the head of a public health clinic having jurisdiction over the relevant location: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13392, Jul. 6, 2015> |
| 1. | In an ordinary family, the cohabiting householder: Provided, That where the householder is absent, a member of the household; |
| 2. | In a school, hospital, government office, company, entertainment place, chapel, means of transportation, such as vessel, aircraft, and train, business office or place of business, restaurant, accommodation, or any other place determined by Ordinance of the Ministry of Health and Welfare where many people gather, its manager, executive, or representative. |
| (2) | If a person detects a patient, etc. with an infectious disease or a person suspected of having died of any infectious disease, regardless of whether the person is obligated to notify under paragraph (1), the person shall notify the head of a competent public health clinic thereof. |
| (3) | Matters necessary for the methods and period of notification as prescribed in paragraph (1), methods and procedures for notification as prescribed in paragraph (2), and other relevant matters, shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13392, Jul. 6, 2015> |
| Article 13 (Reporting by Heads of Public Health Clinics, etc.) |
| (1) | The head of a public health clinic in receipt of a notification made under Articles 11 and 12 shall report the details thereof to the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu, who shall, in turn, report the same to the Minister of Health and Welfare and the competent Mayor/Do Governor, respectively. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Matters necessary for methods and procedures to report pursuant to paragraph (1), and other relevant matters, shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 14 (Notification of Zoonoses) |
| (1) | The Special Self-Governing Province Governor (only applicable to a Dong area of a Special Self-Governing Province), the head of a Si (referring to the head of a Si nowhere there exist no Gus, and only applicable to a Dong area where livestock, etc. is located in cases of a Si with urban and rural mixed-use developments), the head of a Gu (only applicable to a Dong area where livestock, etc. is located in cases of a Gu within a Si with urban and rural mixed-use developments), or the head of an Eup/Myeon in receipt of notification made under Article 11 (1) 2 of the Act on the Prevention of Contagious Animal Diseases, shall immediately notify the Director of the Korea Centers for Disease Control and Prevention of contagious animal diseases as prescribed in the same Act, if they fall under any of the following: |
| 2. | Highly pathogenic bird influenza; |
| 4. | Other zoonoses prescribed by Presidential Decree. |
| (2) | The Director of the Korea Centers for Disease Control and Prevention notified under paragraph (1) shall take appropriate measures under this Act to prevent infectious diseases and the spread thereof. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| (3) | No head of an administrative agency in receipt of notification made under paragraph (1) shall disclose the identity of the reporting person externally if the reporting person asks him/her not to do so. |
| (4) | Necessary matters concerning methods and procedures for notification as prescribed in paragraph (1), and other related matters, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 15 (Detection and Control of Patients, etc. with an Infectious Disease) |
Where the head of a public health clinic receives a notification under Articles 11 and 12 on any patient, etc. with an infectious disease who lives in his/her jurisdiction, he/she shall record such patient, etc. in a register and maintain the register (including electronic documents), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
CHAPTER IV SURVEILLANCE OF INFECTIOUS DISEASES, EPIDEMIOLOGICAL INVESTIGATION, ETC.
| Article 16 (Sentinel Surveillance, etc. of Infectious Diseases) |
| (1) | The Minister of Health and Welfare may designate a health and medical service institution or any other institution or organization under the Framework Act on Health and Medical Services, as an institution of sentinel surveillance of infectious diseases, in consideration of the characteristics of a disease and the region of the outbreak thereof in order to ensure medical and scientific surveillance on the outbreak of infectious diseases. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request the head of an institution of sentinel surveillance of infectious diseases designated under paragraph (1) (hereinafter referred to as "sentinel surveillance institution") to submit necessary data in connection with the sentinel surveillance of infectious diseases, or to provide necessary cooperation for the prevention and control of infectious diseases. In such cases, a sentinel surveillance institution shall comply therewith, except in extenuating circumstances. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall provide relevant institutions, organizations, establishments, or citizens with important information on national health collected under paragraph (2). <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may subsidize expenses for sentinel surveillance activities to sentinel surveillance institutions. <Amended by Act No. 9932, Jan. 18, 2010> |
| (5) | The Ministry of Health and Welfare may cancel the designation of a sentinel surveillance institution, where it falls under any cause prescribed by Ordinance of the Ministry of Health and Welfare, such as negligence in performing surveillance affairs for the outbreak of infectious diseases. <Amended by Act No. 13392, Jul. 6, 2015> |
| (6) | Necessary matters concerning infectious diseases subject to sentinel surveillance, and the designation of sentinel surveillance institutions and causes, etc., for cancelling such designation, as prescribed in paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| (7) | If deemed necessary to obtain information related to the likelihood of the outbreak or prevalence of any infectious disease, the Director of the Korea Centers for Disease Control and Prevention may request the head of a public institution prescribed by Presidential Decree among public institutions under the Act on the Management of Public Institutions, to provide such information. In such cases, the head of the public institution requested to provide such information shall comply with such request, unless there exists any justifiable ground to the contrary. |
| (8) | Necessary matters concerning the details of, procedures for, and treatment of information to be provided pursuant to paragraph (7), shall be prescribed by Presidential Decree. <Amended by Act No. 13392, Jul. 6, 2015> |
| Article 17 (Fact-Finding Surveys) |
| (1) | The Minister of Health and Welfare and Mayors/Do Governors may conduct fact-finding surveys to understand the actual conditions of management of and infection by infectious diseases. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13392, Jul. 6, 2015> |
| (2) | Matters necessary for specifics included in fact-finding surveys under paragraph (1), methods of and procedures for fact-finding surveys, and other relevant matters shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 18 (Epidemiological Investigations) |
| (1) | Where the Director of the Korea Centers for Disease Control and Prevention, a Mayor/Do Governor, or the head of a Si/Gun/Gu deems that an infectious disease breaks out and is likely to prevail subsequently, he/she shall, without delay, conduct an epidemiological investigation and then provide information concerning the findings thereof to the relevant medical institutions to a necessary extent: Provided, That if necessary for preventing the prevalence of the infectious disease in other areas, such information shall be provided to other medical institutions. <Amended by Act No. 13392, Jul. 6, 2015> |
| (2) | The Director of the Korea Centers for Disease Control and Prevention, a Mayor/Do Governor, or the head of a Si/Gun/Gu, respectively, shall establish an epidemiological investigation team to conduct an epidemiological investigation, respectively. |
| (3) | No one shall commit any of the following acts in the course of an epidemiological investigation conducted by the Director of the Korea Centers for Disease Control and Prevention, a Mayor/Do Governor, or the head of a Si/Gun/Gu: <Amended by Act No. 13392, Jul. 6, 2015> |
| 1. | Refusing, interfering with, or evading the epidemiological investigation without any justifiable ground; |
| 2. | Making a false statement or presenting false materials; |
| 3. | Intentionally omitting or concealing any fact. |
| (4) | Matters necessary for the details and timing of and methods for epidemiological investigations as prescribed in paragraph (1), and the composition, duties, etc. of epidemiological investigation teams as prescribed in paragraph (2) shall be prescribed by Presidential Decree. |
| Article 18-2 (Request for Epidemiological Investigations) |
| (1) | Where an infectious disease or any disease unknown for its cause has broken out or is likely to break out, medical personnel or the head of a medical institution as prescribed in the Medical Service Act shall request the Minister of Health and Welfare or a Mayor/Do Governor to conduct an epidemiological investigation under Article 18. |
| (2) | The Minister of Health and Welfare or a Mayor/Do Governor in receipt of a request as prescribed in paragraph (1) shall notify, without delay, the relevant medical personnel or the founder of the relevant medical institution of whether to conduct an epidemiological investigation, the ground therefor, and other relevant matters. |
| (3) | Necessary matters concerning requests for conducting an epidemiological investigation under paragraph (1), the methods and procedures for notification made under paragraph (2), etc., shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13392, Jul. 6, 2015]
| Article 18-3 (Fosterage of Personnel for Epidemiological Investigations) |
| (1) | The Minister of Health and Welfare may regularly provide education and training on epidemiological investigations to those falling under any subparagraph of Article 60-2 (2). |
| (2) | The courses of education and training as prescribed in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13392, Jul. 6, 2015]
| Article 18-4 (Requirement for Presentation of Materials and Other Relevant Matters) |
| (1) | To efficiently conduct epidemiological investigations, etc. under Article 18, the Minister of Health and Welfare may require the head of a relevant central administrative agency and an institution or organization, etc. prescribed by Presidential Decree to present materials necessary for epidemiological investigations. |
| (2) | Where the Minister of Health and Welfare conducts epidemiological investigations under Article 18, he/she may, if necessary, request the head of a relevant central administrative agency to provide necessary assistance, such as dispatch of the personnel belonging to such agency. |
| (3) | A person in receipt of a requirement for the presentation of materials as prescribed in paragraph (1) and a request for assistance as prescribed in paragraph (2) shall comply therewith, except in extenuating circumstances. |
| (4) | Necessary matters concerning the extent and methods of requirements for the presentation of materials as prescribed in paragraph (1) and requests for assistance as prescribed in paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13392, Jul. 6, 2015]
| Article 19 (Medical Examinations) |
A person engaged in any occupation prescribed by Ordinance of the Ministry of Health and Welfare that requires a medical examination to prevent sexually transmitted infectious diseases, and a person infected by a sexually transmitted infectious disease and deemed by the head of a Si/Gun/Gu as highly likely to transmit the infection thereof, shall undergo a medical examination for sexually transmitted infectious diseases, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 20 (Autopsy Orders) |
| (1) | Where the Director of the Korea Centers for Disease Control and Prevention deems that it is impossible to identify whether a person suspected of having died of an infectious disease posing a potentially serious threat to national health has actually been died of the infectious disease, and to ascertain the cause of his/her death without conducting an autopsy, he/she may order an autopsy. |
| (2) | An autopsy under paragraph (1) shall be conducted with the consent of a relative under subparagraph 16 of Article 2 of the Act on Funeral Services, Etc. (where a person with priority entitlement stipulated under each item of the same subparagraph does not exist, a relative refers to a person with subordinate entitlement; hereinafter referred to as "relative"): Provided, That an autopsy order may be issued without the consent of a relative, under extenuating circumstances that make it impracticable to obtain the consent of a relative in advance, such as unknown whereabouts and no contact details, and delay in the autopsy is deemed likely to make it impossible to achieve the purposes of the autopsy, which is preventing infectious diseases and protecting national health. |
| (3) | The Director of the Korea Centers for Disease Control and Prevention shall designate an infectious disease specialist, or a person specialized in anatomy, pathology or forensic medicine, as a medical doctor in charge of an autopsy to require him/her to conduct the autopsy. |
| (4) | Autopsies under paragraph (3) shall be conducted at facilities satisfying the biological safety level determined and publicly announced by the Minister of Health and Welfare for each group of infectious disease, with which the deceased is suspected of being infected. <Amended by Act No. 9932, Jan. 18, 2010> |
| (5) | Matters necessary for the designation of medical doctors in charge of autopsies, standards for facilities to be equipped for each type of infectious disease, management of relevant corpses under paragraph (3), and other relevant matters shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 20-2 (Methods of Funeral, etc. for the Deceased) |
| (1) | In cases of death of a patient, etc. with an infectious disease (including a person confirmed after his/her death to have contained pathogens of an infectious disease), the Minister of Health and Welfare may restrict the methods of funeral, etc. for the deceased, within necessary limits, for quarantining and preventing the spread of the infectious disease. |
| (2) | Where the Minister of Health and Welfare intends to impose restrictions under paragraph (1), he/she shall provide explanations to the bereaved of the deceased on the necessity of the relevant measures and the detailed methods, process, etc. thereof. |
| (3) | The Minister of Health and Welfare may request the installer or manager of a crematory facility to cooperate in taking measures under paragraph (1), and the installer or manager of the crematory facility in receipt of such request shall fully cooperate therein. |
| (4) | The targets, methods, and process for restrictions imposed under paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
CHAPTER V HIGH-RISK PATHOGENS
| Article 21 (Notification of Extraction and Transfer of High-Risk Pathogens) |
| (1) | A person who intends to extract a high-risk pathogen from a patient with an infectious disease, food, animal/plant, or any other environment, and to transfer an extracted high-risk pathogen, shall, without delay, notify the Minister of Health and Welfare of the name of the high-risk pathogen, the name of the object from which the pathogen has been extracted, the date and time of extraction, or a transfer plan. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Matters necessary for methods and procedures for notification made under paragraph (1), and other relevant matters, shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 22 (Permits, etc. for Introduction of High-Risk Pathogens) |
| (1) | A person who intends to introduce high-risk pathogens into the domestic environment for the purposes of diagnosis and academic research of infectious diseases shall obtain a permit from the Minister of Health and Welfare by satisfying the requirements prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | A person who intends to change the already permitted matters under paragraph (1) shall obtain a permit from the Minister of Health and Welfare: Provided, That where intending to change insignificant matters prescribed by Presidential Decree, he/she shall report to the Minister of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | Where a person who has obtained a permit for introducing high-risk pathogens into the domestic environment under paragraph (1) intends to transfer the relevant high-risk pathogens after acquiring them, he/she shall designate a place to acquire them, as prescribed by Presidential Decree, and report a transfer plan to the Minister of Health and Welfare pursuant to Article 21 (1) in advance. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | Matters necessary for methods and procedures for permits and reporting under paragraphs (1) through (3), and other relevant matters shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 23 (Safety Control of High-Risk Pathogens) |
| (1) | A person who intends to examine, preserve, control, and transfer high-risk pathogens shall observe safety control standards determined by Ordinance of the Ministry of Health and Welfare with respect to facilities, equipment, etc. necessary for the examination, preservation, control, and transfer thereof. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare may inspect whether a person who examines, preserves, controls, and transfers high-risk pathogens observes the safety control standards referred to in paragraph (1). <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | Matters necessary for the examination, preservation, control, and transfer of high-risk pathogens, in addition to those stipulated under paragraphs (1) and (2), shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 24 (Regular Vaccinations) |
| (1) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall provide regular vaccination services (hereinafter referred to as "regular vaccination services") at public health clinics under his/her jurisdiction for the following: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 11645, Mar. 22, 2013; Act No. 12444, Mar. 18, 2014> |
| 11. | Japanese encephalitis; |
| 12. | Haemophilus influenzae type B; |
| 14. | Other infectious diseases designated by the Minister of Health and Welfare as deemed necessary for preventing infectious diseases. |
| (2) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu may entrust a medical institution defined under the Medical Service Act within his/her jurisdiction with providing regular vaccination services under paragraph (1), as prescribed by Presidential Decree. |
| (3) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall pre-notify parents of children subject to regular vaccination, of such regular vaccination, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, he/she may process personally identifiable information referred to in Article 24 of the Personal Information Protection Act. <Newly Inserted by Act No. 11439, May 23, 2012> |
| Article 25 (Special Vaccinations) |
| (1) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall provide special vaccination services (hereinafter referred to as "special vaccination services") at public health clinics under his/her jurisdiction in any of the following cases: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Where the Minister of Health and Welfare requests the Special Self-Governing Province Governor or the head of a Si/Gun/Gu to provide vaccination services for preventing infectious diseases; |
| 2. | Where the Special Self-Governing Province Governor or the head of a Si/Gun/Gu deems vaccinations necessary for preventing infectious diseases. |
| (2) | Article 24 (2) shall apply mutatis mutandis to the entrustment of special vaccinations specified in paragraph (1). |
| Article 26 (Public Announcement of Vaccination) |
Where the Special Self-Governing Province Governor or the head of a Si/Gun/Gu is to provide special vaccination services, he/she shall determine the date, time, place, type of vaccination, and scope of persons subject to vaccination, and shall make prior public announcement thereof: Provided, That in cases of any changes in standards, etc. for providing vaccination services under Article 32 (2), prior public announcement on such changes shall be made.
| Article 26-2 (Prior Checking of Vaccination Records) |
| (1) | The head of each public health clinic and each medical institution entrusted with vaccination services under Article 24 (2) (including where the same is applied mutatis mutandis in Article 25 (2)), before providing vaccination services, shall check on the vaccination record of a person who intends to be vaccinated, with consent from the relevant person him/herself or his/her legal representative, as prescribed by Presidential Decree: Provided, That this shall not apply where consent is not obtained from such person or his/her legal representative. |
| (2) | The prior checking of a vaccination record referred to in the main sentence of paragraph (1), may be made through the integrated vaccination management system specified in Article 33-2. |
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
| Article 27 (Certificates of Vaccination) |
| (1) | The Minister of Health and Welfare, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a certificate of vaccination to those who have undergone a regular vaccination or special vaccination or their legal representatives, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13639, Dec. 29, 2015> |
| (2) | Where a person, other than the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, provides vaccination services under this Act, the Minister of Health and Welfare, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may authorize the person who has provided vaccination services to issue a certificate of vaccination, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13639, Dec. 29, 2015> |
| (3) | Certificates of vaccination referred to in paragraphs (1) and (2) may be issued in electronic form. |
| Article 28 (Record Keeping and Reporting of Vaccination) |
| (1) | Where the Special Self-Governing Province Governor or the head of a Si/Gun/Gu provides regular or special vaccination services, or receives a report under paragraph (2), he/she shall prepare and keep records on vaccinations, as prescribed by Ordinance of the Ministry of Health and Welfare, and report the details thereof to the competent Mayor/Do Governor and the Minister of Health and Welfare, respectively. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Where a person, other than the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, provides vaccination services under this Act, he/she shall report to the Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 29 (Epidemiological Investigations on Vaccination) |
The Director of the Korea Centers for Disease Control and Prevention, a Mayor/Do Governor or the head of a Si/Gun/Gu shall conduct an investigation, based on the following classifications, and if any case of an adverse reaction to vaccinations occurs, he/she shall conduct an epidemiological investigation pursuant to Article 18 to establish its cause: | 1. | The Director of the Korea Centers for Disease Control and Prevention: An investigation into the effects of vaccinations, and adverse reactions to vaccinations; |
| 2. | A Mayor/Do Governor or the head of a Si/Gun/Gu: An investigation into adverse reactions to vaccinations. |
| Article 30 (Vaccination Injury Investigation Teams) |
| (1) | A vaccination injury investigation team shall be established under the Korea Centers for Disease Control and Prevention to investigate the causes of diseases, disabilities, and death resulting from vaccinations referred to in Article 71 (1) and (2), and compensation, etc. for injury therefrom, and to investigate a third party's intention or negligence under Article 72 (1). |
| (2) | Matters necessary for the establishment, operation, etc. of a vaccination injury investigation team as prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 31 (Ascertainment as to Completion of Vaccination) |
| (1) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu may request the principal of an elementary school and the principal of a middle school to submit inspection records on whether vaccination has been completed under Article 10 of the School Health Act. |
| (2) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu may request the head of a kindergarten defined under the Early Childhood Education Act and the head of a day care center defined under the Infant Care Act to ascertain whether infants have been vaccinated, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (3) | If the Special Self-Governing Province Governor or the head of a Si/Gun/Gu finds that some infants, students, etc. have not been vaccinated after verifying records submitted under paragraph (1) and results of ascertainment under paragraph (2), he/she shall vaccinate such infants, students, etc. |
| Article 32 (Vaccination Week and Standards, etc. for Vaccination) |
| (1) | The Minister of Health and Welfare may promulgate Vaccination Week to promote vaccination against infectious diseases by raising citizens' interest to get vaccinated. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Matters necessary for standards for and methods of conducting vaccination and other relevant matters shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 33 (Planned Production of Vaccines) |
| (1) | The Minister of Health and Welfare may compute the number of vaccines necessary for vaccination against infectious diseases in advance and require a medicine manufacturer under Article 31 of the Pharmaceutical Affairs Act (hereinafter referred to as "medicine manufacturer") to produce them, and subsidize researchers, etc. of vaccines within budgetary limits. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare may fully or partially pay expenses incurred in producing vaccines under paragraph (1) in advance to the relevant medicine manufacturer, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 33-2 (Establishment, Operation, etc. of Integrated Vaccination Management System) |
| (1) | To efficiently process various data or information required for providing vaccination services and computerize the recording and management affairs, the Minister of Health and Welfare shall establish and operate an integrated vaccination management system (hereinafter referred to as the “Integrated Management System”). |
| (2) | The Minister of Health and Welfare may collect, manage, and maintain the following data for establishing and operating the Integrated Management System, and request related agencies and organizations to provide necessary data. In such cases, the agencies and organizations in receipt of such request shall comply therewith, except in extenuating circumstances: |
| 2. | Details of vaccinations, including the names of persons vaccinated, vaccine names, and dates of vaccinations; |
| 3. | Other data prescribed by Presidential Decree as required to provide vaccination services, including information on the medical institutions entrusted with vaccination services and the details of applications for compensation for damage suffered from vaccination. |
| (3) | The head of each public health clinic and each medical institution entrusted with vaccination services under Article 24 (2) (including where the same is applied mutatis mutandis in Article 25 (2)), after providing vaccination services under this Act, shall enter information specified in paragraph (2) 2 in the Integrated Management System, as prescribed by Presidential Decree. |
| (4) | The Minister of Health and Welfare may provide the parents of children who should be vaccinated with details of vaccinations of their children or may support the issuance of certificates of vaccination, by utilizing the Integrated Management System, as prescribed by Presidential Decree. In such cases, to verify suitability for providing details of vaccinations or issuing a certificate of vaccination, he/she may request the Minister of National Court Administration to furnish computerized registration data referred to in Article 11 of the Act on the Registration, etc. of Family Relationships; and the Minister of National Court Administration shall comply therewith, except in extenuating circumstances. |
| (5) | The Integrated Management System may be utilized with a link to the following information systems relating to vaccination services: |
| (6) | Except as otherwise expressly provided for in this Act, matters relating to the protection and management of information referred to in paragraphs (1) through (5) shall be governed by the Personal Information Protection Act. |
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
CHAPTER VII MEASURES TO PREVENT SPREAD OF INFECTIOUS DISEASES
| Article 34 (Formulation and Implementation of Crisis Control Measures against Infectious Diseases) |
| (1) | The Minister of Health and Welfare shall formulate and implement crisis control measures against infectious diseases (hereinafter referred to as "crisis control measures against infectious diseases") after deliberation by the Committee in order to respond to an emergency resulting from the spread of infectious diseases or the transmission of new overseas infectious diseases into the Republic of Korea. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13392, Jul. 6, 2015> |
| (2) | Crisis control measures against infectious diseases shall include the following: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13392, Jul. 6, 2015> |
| 1. | Systems for responding to the occurrence of a disaster and the transmission of new overseas infectious diseases, and roles therein by agency; |
| 2. | Judgment on a disaster or emergency, decision on emergency warning, and disaster and emergency management systems; |
| 3. | Preparation of the lists of experts, such as medical personnel, facilities, and medical institutions to be mobilized during an infectious disease emergency; |
| 4. | Schemes of stockpiling and securing medical supplies; |
| 5. | Training for actual situations, such as citizens' codes of conduct and education and map exercise for the personnel, facilities, and institutions to be mobilized, by a disaster or emergency; |
| 6. | Other matters deemed necessary by the Minister of Health and Welfare for copying with disasters or emergencies. |
| (3) | The Minister of Health and Welfare shall regularly conduct training, based on crisis control measures against infectious diseases. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| (4) | Matters necessary for the formulation, implementation, etc. of crisis control measures against infectious diseases shall be prescribed by Presidential Decree. |
| Article 34-2 (Disclosure of Information during Infectious Disease Emergency) |
| (1) | When an infectious disease harmful to citizens' health is spreading, the Minister of Health and Welfare shall promptly disclose information with which citizens are required to be acquainted for preventing the infectious disease, such as the movement paths, transportation means, medical treatment institutions, and contacts of patients of the infectious disease: Provided, That any relevant party with respect to whom there exist any matters inconsistent with the facts among the disclosed matters or who has any opinion on the disclosed matters, may file an objection with the Minister of Health and Welfare. |
| (2) | Necessary matters concerning the scope, procedures, methods, etc., of the disclosure of information as prescribed in paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13392, Jul. 6, 2015]
| Article 35 (Formulation, etc., of Crisis Control Measures against Infectious Diseases by City/Do) |
| (1) | The Minister of Health and Welfare shall notify Mayors/Do Governors of crisis control measures against infectious diseases formulated under Article 34 (1). <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Each Mayor/Do Governor shall formulate and implement crisis control measures against infectious diseases by each Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"), based on the crisis control measures against infectious diseases notified under paragraph (1). |
| Article 35-2 (Prohibition of Presentation of False Statement, etc. to Medical Personnel during Disaster) |
No one shall make a false statement, present false materials, or intentionally omit or conceal any fact to medical personnel with respect to necessary facts for confirming whether or not the relevant party is infected, including records of visits to medical institutions and of seeking medical advice, after a prediction or warning is issued to indicate its level of "caution" or higher under Article 38 (2) of the Framework Act on the Management of Disasters and Safety. [This Article Newly Inserted by Act No. 13392, Jul. 6, 2015]
| Article 36 (Designation, etc. of Infectious Disease Control Institutions) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu may designate a medical institution defined under the Medical Service Act as an infectious disease control institution, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The head of a medical institution designated under paragraph (1) (hereinafter referred to as "infectious disease control institution") shall establish facilities for preventing infectious diseases and for treating patients, etc. with an infectious disease (hereinafter referred to as "infectious disease control facilities"). In such cases, an infectious disease control institution that exceeds the scale prescribed by Ordinance of the Ministry of Health and Welfare, shall establish single-occupancy patient care rooms with a vestibule and a negative pressure isolation room in accordance with the standards prescribed by Ordinance of the Ministry of Health and Welfare, in order to prevent the spread of a disease. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13639, Dec. 29, 2015> |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall subsidize expenses incurred in establishing and operating infectious disease control facilities to infectious disease control institutions. |
| (4) | Where a medical institution, other than an infectious disease control institution, intends to establish and operate infectious disease control facilities, it shall report such fact to the Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (5) | When an emergency occurs, including the outbreak of an infectious disease, a Mayor/Do Governor or the head of a Si/Gun/Gu may order infectious disease control institutions to conduct any necessary affairs, such as the beginning of medical treatment. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| Article 37 (Establishment, etc. of Infectious Disease Control Institutions during Infectious Disease Emergencies) |
| (1) | Where patients are infected by an infectious disease in mass, or infectious disease control institutions designated under Article 36 are insufficient to accommodate all patients, etc. with an infectious disease, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may take the following measures: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Designating any medical institution, other than infectious disease control institutions designated under Article 36, as an infectious disease control institution for a certain period; |
| 2. | Establishing and operating isolation wards, sanatoriums, or clinics. |
| (2) | The head of an infectious disease control institution designated under paragraph (1) 1 shall establish infectious disease control facilities, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall subsidize expenses incurred in establishing and operating facilities under paragraph (2), to infectious disease control institutions. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | No head of an infectious disease control institution designated under paragraph (1) 1 may refuse any order issued under paragraph (2) without justifiable grounds. |
| (5) | When an emergency occurs, including the outbreak of an infectious disease, a Mayor/Do Governor or the head of a Si/Gun/Gu may order infectious disease control institutions to conduct any necessary affairs, such as the beginning of medical treatment. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| Article 38 (Prohibition of Refusal to Hospitalize Patients, etc. with Infectious Disease) |
No infectious disease control institution may refuse to hospitalize patients, etc. with an infectious disease without justifiable grounds.
| Article 39 (Methods of Establishing and Managing Infectious Disease Control Facilities, etc.) |
Matters necessary for methods, etc. of establishing and operating infectious disease control institutions, and isolation wards, sanatoriums, or clinics under Article 37 shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 39-2 (Evaluation of Infectious Disease Control Facilities) |
The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct evaluations of infectious disease control institutions on a regular basis, and reflect the findings thereof in the supervision, support, etc. of said institutions. In such cases, methods, process, and time-frame of such evaluations, details of the supervision and support, and other related matters, shall be determined by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
| Article 40 (Stockpiling Medicines and Equipment for Infectious Diseases Spread by Biological Terrorism, etc.) |
| (1) | When there is a likelihood of a pandemic of infectious diseases spread by biological terrorism and any other infectious disease, the Minister of Health and Welfare may determine preventive and therapeutic medicines, equipment, etc., after deliberation by the Committee, and stockpile them or enter into a contract for long-term procurement, in advance. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | When there is a likelihood of a pandemic of infectious diseases spread by biological terrorism and any other infectious disease, the Minister of Health and Welfare may determine preventive and therapeutic medicines and require medicine manufacturers to produce them, notwithstanding Article 31 of the Pharmaceutical Affairs Act. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | The Minister of Health and Welfare shall investigate efficacy and adverse reactions of preventive and therapeutic medicines under paragraph (2), and conduct epidemiological investigations pursuant to Article 18 if any case of adverse reactions occurs. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 40-2 (Distribution Standards including Priorities in Supplying Medicines for Infectious Diseases) |
The Minister of Health and Welfare may determine distribution standards, including priorities in supplying medicines stockpiled or produced under Article 40 (1) and (2) in preparation for a pandemic of infectious diseases spread by biological terrorism or any other infectious disease, and other necessary matters after deliberation by the Committee. [This Article Newly Inserted by Act No. 12444, Mar. 18, 2014]
| Article 41 (Control of Patients, etc. with an Infectious Disease) |
| (1) | Patients, etc. with an infectious disease with a particularly high risk of transmission and publicly announced by the Minister of Health and Welfare, shall receive inpatient treatment at an infectious disease control institution. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Where sickbeds at an infectious disease control institution are fully occupied, and thus the infectious disease control institution is unable to accommodate patients etc. with an infectious disease, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may permit such patients, etc. to receive inpatient treatment at medical institutions, other than infectious disease control institutions. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may permit any of the following persons to undergo treatment at his/her home or infectious disease control facilities: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | A person, other than those subject to inpatient treatment under paragraphs (1) and (2); |
| 2. | A person at the risk of infection or transmission of an infectious disease through contact with a patient, etc. with an infectious disease. |
| (4) | Matters necessary for methods and procedures for undergoing home-care and inpatient treatment under paragraphs (1) through (3), and other relevant matters, shall be prescribed by Presidential Decree. |
| Article 41-2 (Employer’s Obligation to Cooperate) |
| (1) | Where an employee is hospitalized or isolated under this Act, the relevant employer may grant a paid leave during the period of such hospitalization or isolation, in addition to the paid leave provided for in Article 60 of the Labor Standards Act. In such cases, if the cost of granting a paid leave is subsidized by the State, the employer shall provide the paid leave. |
| (2) | No employer shall dismiss, or otherwise treat unfavorably, an employee on the reason of a paid leave granted under paragraph (1) and shall dismiss such employee during the period of the paid leave: Provided, That this shall not apply where the employer is unable to continue his/her business. |
| (3) | The State may subsidize the cost of granting a paid leave under paragraph (1). |
| (4) | The scope of subsidization granted under paragraph (3), procedures for application therefor, and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
| Article 42 (Compulsory Dispositions with respect to Infectious Diseases) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may assign the relevant public official to conduct a necessary investigation or medical diagnosis by entering the residence, means of transportation, such as a ship, aircraft, or train, or any other place where a patient, etc. with any of the following infectious diseases is deemed present, and where such medical diagnosis confirms that the relevant person is a patient, etc. with an infectious disease, the relevant public official may escort and compel him/her to undergo medical treatment or be hospitalized: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Group 1 infectious diseases; |
| 2. | Diphtheria, measles, and poliomyelities, among Group 2 infectious diseases; |
| 3. | Tuberculosis, scarlet fever, and meningococcal meningitis, among Group 3 infectious diseases; |
| 4. | Infectious diseases determined by the Minister of Health and Welfare, among Group 4 infectious diseases; |
| 5. | Infectious diseases under surveillance of the World Health Organization; |
| 6. | Infectious diseases spread by biological terrorism. |
| (2) | Where a person refuses an investigation or medical diagnosis for confirming a patient, etc. with an infectious disease under paragraph (1) (hereafter in this Article, referred to as “investigation objector”), the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall assign the relevant public official to escort such person to an infectious disease control institution and compel him/her to undergo necessary investigation or diagnosis. <Amended by Act No. 13639, Dec. 29, 2015> |
| (3) | A public official who conducts an investigation or medical diagnosis, or escorts a suspected or confirmed patient under paragraph (1) or (2), shall carry a certificate indicating his/her authority and produce it to related persons. <Newly Inserted by Act No. 13639, Dec. 29, 2015> |
| (4) | If necessary for an investigation or medical diagnosis referred to in paragraph (2), the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request the chief of the competent police station to provide cooperation necessary therefor. In such cases, the chief of the police station in receipt of such request shall comply therewith, except in extenuating circumstances. <Newly Inserted by Act No. 13639, Dec. 29, 2015> |
| (5) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may quarantine or isolate any investigation objector at his/her home or in an infectious disease control institution and, if an investigation or medical diagnosis conducted under paragraph (2) confirms that the investigation objector is a patient, etc. with an infectious disease, shall compel him/her to undergo medical treatment or to be hospitalized in an infectious disease control institution. <Newly Inserted by Act No. 13639, Dec. 29, 2015> |
| (6) | Where any investigation objector is found not to be a patient, etc. with an infectious disease, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall immediately release the investigator objector from quarantine or isolation referred to in paragraph (5). <Newly Inserted by Act No. 13639, Dec. 29, 2015> |
| (7) | Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu gives medical treatment to, or hospitalizes, any investigation objector pursuant to paragraph (5), he/she shall notify the guardian of the investigation objector thereof. <Newly Inserted by Act No. 13639, Dec. 29, 2015> |
| (8) | Notwithstanding paragraph (6), if a disposition of quarantine or isolation is not released without justifiable grounds, the relevant investigation objector may make a rescue claim seeking the release; and in regards to the process, methods, etc. of such rescue claim, the Habeas Corpus Act shall apply mutatis mutandis. In such cases, “investigation objector” shall be construed as “inmate”; and “Minister of Health and Welfare, the Mayor/Do Governor, or the head of the Si/Gun/ Gu” who has ordered the disposition of quarantine or isolation, shall be construed as “custodian” (for the purposes of this paragraph, Article 6 (1) 3 of the Habeas Corpus Act shall be excluded). <Newly Inserted by Act No. 13639, Dec. 29, 2015> |
| (9) | Designation of, and criteria for, institutions to conduct investigations or diagnosis under paragraph (2) or to put suspected or confirmed patients in isolation under paragraph (5), and other necessary matters, shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13639, Dec. 29, 2015> |
| Article 43 (Hospitalization Notice to Patients, etc. with Infectious Disease) |
| (1) | Where a patient, etc. with an infectious disease needs to receive inpatient treatment under Article 41, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall notify the person subject to inpatient treatment and his/her guardian thereof. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Matters necessary for methods of and procedures for notification under paragraph (1), and other relevant matters, shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 44 (Management of Imprisoned Patients) |
The head of a correctional institution shall provide inmates infected with infectious diseases with measures to prevent the spread of the infectious disease and appropriate medical services.
| Article 45 (Temporary Restrictions on Work) |
| (1) | No patients, etc. with an infectious disease may be engaged in any occupation involving frequent contact with the general public by its nature, and no one may hire patients, etc. with an infectious disease for such occupation, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | If a person required to undergo a medical examination for a sexually transmitted infectious disease under Article 19 fails to undergo the medical examination, he/she shall not be engaged in any occupation provided for in the same Article, and the person who operates the relevant business shall not permit any person who fails to undergo medical examination to be engaged in the business. |
| Article 46 (Measures for Medical Examination and Vaccination, etc.) |
The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may take measures for requiring any of the following persons to undergo a medical examination, or to receive a vaccination necessary for preventing an infectious disease, etc., as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13392, Jul. 6, 2015>
| 1. | Family members of a patient, etc. with an infectious disease, or his/her cohabitants; |
| 2. | A person suspected of being infected by an infectious disease, who resides in or enters an area where the infectious disease breaks out; |
| 3. | A person suspected of being infected by an infectious disease through contact with patients, etc. with an infectious disease. |
| Article 47 (Epidemic Control Measures against Prevalence of Infectious Diseases) |
In order to prevent the further spread of an infectious disease upon the outbreak of the infectious disease, the Minister of Health and Welfare, Mayors/Do Governors, or heads of Sis/Guns/Gus shall take all or some of the following measures: <Amended by Act No. 13392, Jul. 6, 2015>
| 1. | The following measures against places where patients, etc. with an infectious disease are present or places deemed infected by the pathogen of an infectious disease: |
| (b) | Prohibition of entry of the general public; |
| (c) | Restriction on movement into the relevant places; |
| (d) | Other measures for passage blocking; |
| 2. | Suspending the business of a medical institution; |
| 3. | Keeping hospitalized or quarantined persons suspected of being infected by the pathogen of an infectious disease in a proper place for a certain period; |
| 4. | Prohibiting the acts of using, receiving, moving, throwing away, or cleaning things infected or suspected of being infected by the pathogen of an infectious disease, or burning up or disposing of such things; |
| 5. | Ordering the disinfection of, or other necessary measures against, places infected by the pathogen of an infectious disease; |
| 6. | Ordering the prevention of laundering at a specified place or the disposal of wastes at a specified place. |
| Article 48 (Disinfection Measures for Infected Places, etc.) |
| (1) | The commander of a unit belonging to the Army, Navy, or Air Force, the commander of a unit under direct control of the Ministry of National Defense, and a person falling under any subparagraph of Article 12 (1), shall disinfect or take other necessary measures for, places where patients, etc. with an infectious disease occurred, or places suspected of being infected by the pathogen of an infectious disease, in accordance with the direction of a medical doctor, oriental medical doctor, or relevant public official. |
| (2) | Matters necessary for taking measures, including disinfection, under paragraph (1), shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
CHAPTER VIII PREVENTIVE MEASURES
| Article 49 (Preventive Measures against Infectious Diseases) |
| (1) | The Minister of Health and Welfare, Mayors/Do Governors, or heads of Sis/Guns/Gus shall take all or some of the following measures to prevent any infectious disease: <Amended by Act No. 13392, Jul. 6, 2015; Act No. 13639, Dec. 29, 2015> |
| 1. | To completely or partially hold up traffic in jurisdiction; |
| 2. | To restrict or prohibit performances, assemblies, religious ceremonies, or any other large gathering of people; |
| 3. | To conduct medical examinations or to perform autopsies or dissections of corpses; |
| 4. | To order the prohibition of the sale or receipt of food that exposes the risk of transmitting infectious diseases, or the discarding of such food or other necessary disposal; |
| 5. | To order the preventive measures for persons who have involved in slaughter for the prevention of zoonoses, or for persons, etc. exposed to zoonoses; |
| 6. | To order the restriction or prohibition of the possession and transfer of articles which may transmit infectious diseases, or the destruction, incineration, or other necessary disposal of such articles; |
| 7. | To order the assignment of medical doctors at any means of transportation, such as ships, aircraft, and trains, places of business, or other public places, or to order the installation of facilities necessary for the prevention of infectious diseases at such places; |
| 8. | To order the disinfection of, or other necessary measures for, facilities or places related to public sanitation, or the prohibition of the installation, remodeling, alteration, disuse, or use of waterworks, sewers, wells, garbage dumps, and lavatories; |
| 9. | To order the extermination of, or the installation of exterminating facilities for, rodents, vermin, or other animals transmitting infectious diseases; |
| 10. | To restrict or prohibit fishing or swimming at a specified place of water, or the use of a specified well; |
| 11. | To prohibit capturing animals which are intermediate hosts transmitting infectious diseases, or eating such animals in the raw state; |
| 12. | To mobilize medical persons, medical practitioners, and other necessary medical personnel during a period of a rampant infectious disease; |
| 13. | To order the disinfection of, or other necessary measures for, buildings infected by the pathogens of infectious diseases; |
| 14. | To keep hospitalized or quarantine persons suspected of being infected by the pathogen of an infectious disease at an appropriate place for a certain period. |
| (2) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to prohibit the use of drinking water pursuant to paragraph (1) 8 and 10, he/she shall separately supply drinking water during a period of such prohibition, and where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to take measures under paragraph (1) 1, 2, 6, 8, 10, and 11, he/she shall inform the relevant residents of such fact in advance. |
| Article 50 (Other Preventive Measures against Infectious Diseases) |
| (1) | Where patients, etc. are infected or are likely to be infected with an infectious disease, the commander of a unit belonging to the Army, Navy, or Air Force, the commander of a unit under direct control of the Ministry of National Defense, and a person falling under Article 12 (1) 2, shall take a disinfection measure or other necessary measures, and shall take additional measures necessary for preventing infectious diseases, consulting with the Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu. |
| (2) | The Minister of Education or a superintendent of education shall consult with the Minister of Health and Welfare where he/she issues, on grounds of the outbreak of an infectious disease, an order for business suspension or temporary school closure prescribed in Article 64 of the Elementary and Secondary Education Act or an order for business suspension or temporary kindergarten closure prescribed in Article 31 of the Early Childhood Education, to schools defined in subparagraph 2 of Article 2 of the School Health Act. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| Article 51 (Disinfection Duty) |
| (1) | The Governor of a Special Self-Governing or the head of a Si/Gun/Gu shall carry out the cleaning or disinfection, and take measures to exterminate rodents, vermin, etc. (hereinafter referred to as "disinfection") in order to prevent infectious diseases, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | A person who manages or operates facilities prescribed by Presidential Decree, among the facilities resided or used by a multiple number of persons, such as multi-unit housing, accommodations, etc., shall conduct disinfection necessary for the prevention of infectious diseases, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | A facility manager or operator who is required to conduct disinfection under paragraph (2) shall authorize a person who has filed a report on his/her disinfection services pursuant to Article 52 (1) to conduct disinfection: Provided, That where a housing management operator under the Housing Act is equipped with disinfection equipment stipulated under Article 52 (1), he/she may directly disinfect multi-unit housing under his/her management. |
| Article 52 (Reporting, etc. on Business of Disinfection Services) |
| (1) | A person who intends to provide disinfection services as business (excluding housing management operators referred to in the proviso to Article 51 (3)) shall be equipped with facilities, equipment, and human resources determined by Ordinance of the Ministry of Health and Welfare and file a report on disinfection services with the Special Self-Governing Province Governor or the head of a Si/Gun/Gu. This shall also apply to amendments to matters already reported. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Where a person who has filed a report on disinfection services pursuant to paragraph (1) (hereinafter referred to as "disinfection service provider") falls under any of the following cases, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall deem such report on disinfection services revoked: |
| 3. | Where a situation in which facilities, etc. necessary for disinfection services are absent without reporting on suspension or closure of business under Article 53, continues for at least six months. |
| Article 53 (Reporting on Suspension, etc. of Disinfection Services) |
Where a disinfection service provider intends to close his/her business temporarily for at least 30 days, or to close or reopen it, he/she shall file a report thereon with the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 54 (Conducting, etc. Disinfections) |
| (1) | A disinfection service provider shall conduct disinfection according to standards and methods determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Where a disinfection service provider has conducted disinfection, he/she shall record and keep matters concerning such disinfection, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 55 (Training for Disinfection Service Providers, etc.) |
| (1) | A disinfection service provider (referring to a representative in cases of a corporation; hereafter the same shall apply in this Article) shall receive training on disinfection. |
| (2) | A disinfection service provider shall ensure his/her employees engaged in disinfection services receive training in relation thereto. |
| (3) | Matters necessary for the details and methods of training, hours of training, bearing of training expenses, etc. under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 56 (Disinfection Service Agencies) |
Where the Special Self-Governing Province Governor or the head of a Si/Gun/Gu is required to disinfect pursuant to subparagraph 5 of Article 47, Article 48 (1), Article 49 (1) 8, 9, and 13, Article 50, and Article 51 (1) and (2), he/she may authorize a disinfection service provider to disinfect on his/her behalf. <Amended by Act No. 13392, Jul. 6, 2015>
| Article 57 (Submission, Inspection, etc. of Documents) |
| (1) | The Special Self-Governing Province Governor or the head of a Si/Gun/Gu may assign a public official under his/her control to request disinfection service providers to submit relevant documents concerning rendering of disinfection services, or assign him/her to inspect such documents or ask questions to such disinfection service providers. |
| (2) | A public official who requests disinfection service providers to submit documents, inspects such documents, or asks questions to disinfection service providers pursuant to paragraph (1), shall carry a certificate indicating his/her authority and produce it to interested parties. |
| Article 58 (Corrective Orders) |
Where a disinfection service provider falls under any of the following cases, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall order him/her to correct the relevant violation within a specified period of at least one month:
| 1. | Where he/she fails to satisfy requirements for facilities, equipment and human resources under Article 52 (1); |
| 2. | Where he/she fails to receive training under Article 55 (1), or fails to have his/her employees engaged in disinfection services receive training under paragraph (2) of the same Article. |
| Article 59 (Suspension, etc. of Business) |
| (1) | Where a disinfection service provider falls under any of the following cases, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may order him/her to close his/her place of business, or to suspend his/her business for a specified period of by up to six months: Provided, That in cases falling under subparagraph 5, an order to close his/her place of business shall be issued: |
| 1. | Where he/she fails to file a report on changes under the latter part of Article 52 (1), or fails to file a report on the suspension, closure, or reopening of his/her business under Article 53; |
| 2. | Where he/she conducts disinfection in disconformity with the standards and methods under Article 54 (1), or fails to record and retain matters concerning conducted disinfection, in violation of paragraph (2) of the same Article; |
| 3. | Where he/she fails to comply with an order to submit relevant documents under Article 57, or refuses, interferes with, or evades inspections and questions by public officials in charge; |
| 4. | Where he/she fails to comply with corrective orders issued under Article 58; |
| 5. | Where he/she renders disinfection services during the suspension period of business. |
| (2) | Where a disinfection service provider continues his/her business after he/she is ordered to close his/her place of business under paragraph (1), or renders disinfection services without filing a report required under Article 52 (1), the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may assign the competent public officials to take the following measures in order to close the relevant place of business: |
| 1. | To remove or eliminate signboards of the relevant place of business, or any other business sign, etc.; |
| 2. | To display a sign, etc. indicating that the relevant place of business is illegitimate. |
| (3) | Standards for administrative dispositions referred to in paragraph (1) shall be determined by Ordinance of the Ministry of Health and Welfare, in consideration of the types, gravity, etc. of relevant violations. <Amended by Act No. 9932, Jan. 18, 2010> |
CHAPTER IX EPIDEMIC CONTROL OFFICERS, EPIDEMIOLOGICAL INVESTIGATION OFFICERS, QUARANTINE INSPECTION COMMISSIONERS, AND EPIDEMIC PREVENTION COMMISSIONERS
| Article 60 (Epidemic Control Officers) |
| (1) | The Minister of Health and Welfare and each Mayor/Do Governor shall appoint epidemic control officers in charge of the affairs of infectious disease prevention and epidemic control, from among public officials of the said Ministry or City/Do: Provided, That if necessary for dealing with the affairs of infectious disease prevention and epidemic control, a Mayor/Do Governor may assign epidemic control officers to Sis/Guns/Gus. |
| (2) | Each epidemic control officer shall be in charge of affairs specified in Article 4 (2) 1 through 7: Provided, That each epidemic control officer of the Ministry of Health and Welfare shall also be in charge of affairs specified in Article 4 (2) 8. |
| (3) | Where urgent responses are necessary due to the anticipated domestic transmission or prevalence of any infectious disease, an epidemic control officer shall have authority to take measures against the fields of an infectious disease, such as the restriction of passage, the evacuation of residents, the disposal and incarnation of food, articles, etc., through which an infectious disease is transmitted, the assignment of tasks on personnel in charge of infectious disease control including medical personnel, and the deployment of supplies for epidemic control, for conducting affairs as prescribed in Article 4 (2) 1 and 2. |
| (5) | In addition to matters provided for in paragraphs (1) through (4), other necessary matters concerning the qualification, the duties, the scope of authority to take measures, etc., of epidemic control officers, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13392, Jul. 6, 2015]
| Article 60-2 (Epidemiological Investigation Officers) |
| (1) | Epidemiological investigation officers shall be composed of at least thirty public officials of the Ministry of Health and Welfare and at least two public officials of a City/Do, respectively, to deal with affairs concerning epidemiological investigations: Provided, That if necessary for dealing with affairs concerning epidemiological investigations, a Mayor/Do Governor may assign epidemiological investigation officers to Sis/Guns/Gus. |
| (2) | Epidemiological investigation officers shall be appointed, from among any of the following persons who have completed the course of education and training on epidemiological investigations under Article 18-3: |
| 1. | Public officials in charge of affairs of epidemic control, epidemiological investigation, or vaccination; |
| (3) | An epidemiological investigation officer may temporarily take measures specified under subparagraph 1 of Article 47, where an emergency, in which the spread of an infectious disease is anticipated, would be likely to cause serious harm to public health if measures thereagainst is not taken immediately. |
| (5) | Where an epidemiological investigation officer takes measures under paragraph (3), he/she shall immediately report such fact to the Minister of Health and Welfare or the relevant Mayor/Do Governor. |
| (6) | The Minister of Health and Welfare or a Mayor/Do Governor may subsidize expenses necessary for epidemiological investigation officers appointed pursuant to paragraph (2) to perform their duties, etc., within budgetary limits. |
| (7) | In addition to matters provided for in paragraphs (1) through (6), other necessary matters concerning the qualification, duties, and authority of epidemiological investigation officers, the subsidization of expenses therefor, and other related matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13392, Jul. 6, 2015]
| Article 60-3 (Temporary Duty Orders) |
| (1) | Where an infectious disease is likely to be transmitted into or prevail in the Republic of Korea, or already breaks out, the Minister of Health and Welfare or a Mayor/Do Governor may order any medical person defined in Article 2 (1) of the Medical Service Act to perform quarantine duties for a specified period at a medical institution designated as an infectious disease control institution under Article 36 or 37, or an infectious diseases specialty hospital or infectious diseases research hospital established or designated under Article 8-2. |
| (2) | In emergency situations where an infectious disease is transmitted into or prevails in the Republic of Korea, the Minister of Health and Welfare may appoint any person falling under Article 60-2 (2) 2 or 3 as an epidemic control officer to perform quarantine duties for a specified period. |
| (3) | Where epidemiological investigation personnel are undermanned due to the transmission or spread of an infectious disease, the Minister of Health and Welfare or a Mayor/Do Governor may appoint any person falling under Article 60-2 (2) 2 or 3 as an epidemiological investigation officer to perform duties related to epidemiological investigations for a specified period. |
| (4) | An epidemic control officer or epidemiological investigation officer appointed by the Minister of Health and Welfare or a Mayor/Do Governor under paragraph (2) or (3), shall be deemed appointed as a public official in a fixed term position defined in Article 26-5 of the State Public Officials Act. |
| (5) | Matters necessary for temporary duty orders issued under paragraph (1), and the period, procedures, etc., for appointment under paragraphs (2) and (3), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
| Article 61 (Quarantine Inspection Commissioners) |
| (1) | Where necessary for the prevention of infectious diseases, a Mayor/Do Governor may appoint a quarantine inspection commissioner to perform affairs concerning quarantine inspections, and if particularly necessary, may require the commissioner to quarantine any means of transportation, etc. |
| (2) | Quarantine inspection commissioners may board any means of transportation, etc. free of charge to perform affairs or quarantine inspections stipulated under paragraph (1). |
| (3) | Matters necessary for the appointment, duties, etc. of quarantine inspection commissioners under paragraph (1) shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 62 (Epidemic Prevention Commissioners) |
| (1) | Where an infectious disease prevails or is likely to prevail, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may appoint an epidemic prevention commissioner at the relevant Special Self-Governing Province or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) to perform affairs concerning the prevention of infectious diseases. |
| (2) | Epidemic prevention commissioners appointed under paragraph (1) shall serve without compensation: Provided, That a paid epidemic prevention commissioner may be appointed at the rate of one commissioner per 20,000 population of the Special Self-Governing Province or Si/Gun/Gu. |
| (3) | Matters necessary for the appointment, duties, etc. of epidemic prevention commissioners referred to in paragraph (1), shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 63 (Korea Association of Health Promotion) |
| (1) | The Korea Association of Health Promotion (hereinafter referred to as the "Association") shall be established to carry out preventive projects regarding Group 5 infectious diseases, including investigations, research, etc. for Group 5 infectious diseases. |
| (2) | The Association shall be a corporation. |
| (3) | Except as provided for in this Act, the provisions concerning incorporated associations under the Civil Act shall apply mutatis mutandis to the Association. |
| Article 64 (Expenses to be Borne by Special Self-Governing Province and Sis/Guns/Gus) |
The following expenses shall be borne by the relevant Special Self-Governing Province or Si/Gun/Gu: <Amended by Act No. 13392, Jul. 6, 2015; Act No. 13639, Dec. 29, 2015>
| 1. | Some expenses incurred in providing support to corporations or associations which perform preventive and treatment duties of Hansen's disease pursuant to Article 4 (2) 13; |
| 2. | Expenses incurred in conducting vaccinations pursuant to Articles 24 (1) and 25 (1); |
| 3. | All or some expenses incurred by medical institutions in conducting vaccinations pursuant to Articles 24 (2) and 25 (2); |
| 4. | Expenses incurred by infectious disease control institutions designated by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu in establishing and operating infectious disease control facilities pursuant to Article 36; |
| 5. | Expenses incurred in establishing and operating isolation wards, sanatoriums, or clinics established by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu pursuant to Article 37, and infectious disease control facilities of infectious disease control institutions designated under the same Article; |
| 7. | Expenses incurred in disinfection or other measures conducted or taken by a Special Self-Governing Province and a Si/Gun/Gu pursuant to Articles 47, 48, 49 (1) 8, 9, and 13, and 51 (1); |
| 8. | Allowances, treatment expenses, or compounding fees for assigning medical doctors and for mobilizing medical persons, medical practitioners, and other medical personnel by the Special Self-Governing Province Governor or the head of a Si/Gun/Gu pursuant to Article 49 (1) 7 and 12; |
| 9. | Expenses incurred in supplying potable water pursuant to Article 49 (2); |
| 10. | Expenses incurred in assigning epidemic prevention commissioners pursuant to Article 62; |
| 11. | Other expenses incurred in conducing affairs concerning the prevention of infectious diseases by the Special Self-Governing Province and a Si/Gun/Gu pursuant to this Act. |
| Article 65 (Expenses to be Borne by Cites/Dos) |
The following expenses shall be borne by the relevant City/Do: <Amended by Act No. 13639, Dec. 29, 2015>
| 1. | Some expenses incurred in providing support to corporations or associations which perform preventive and treatment duties of Hansen's disease pursuant to Article 4 (2) 13; |
| 2. | Expenses incurred by infectious disease control institutions designated by a Mayor/Do Governor pursuant to Article 36 in establishing and operating their infectious disease control facilities; |
| 3. | Expenses incurred in establishing and operating isolation wards, sanatoriums, or clinics established by a Mayor/Do Governor pursuant to Article 37, and infectious disease control facilities of infectious disease control institutions designated under the same Article; |
| 4. | Expenses incurred in the inpatient treatment, investigations, medical diagnoses, etc. of Korean patients, etc. with an infectious disease under Articles 41 and 42; |
| 5. | Expenses incurred in conducting medical examinations, vaccination, etc. pursuant to Article 46; |
| 6-2. | Allowances, treatment expenses, or compounding fees for mobilizing medical persons, medical practitioners, and other medical personnel by a Mayor/Do Governor pursuant to Article 49 (1) 12; |
| 7. | Expenses incurred in supplying potable water pursuant to Article 49 (2); |
| 7-2. | Allowances and other expenses incurred in assigning medical persons, etc. to quarantine duties by a Mayor/Do Governor pursuant to Article 60-3 (1) and (3); |
| 8. | Expenses incurred in assigning quarantine inspection commissioners pursuant to Article 61; |
| 9. | Other expenses incurred in conducting affairs concerning the prevention of infectious diseases by a City/Do pursuant to this Act. |
| Article 66 (Expenses to be Subsidized by a City/Do) |
A City/Do (excluding a Special Self-Governing Province) shall subsidize expenses to be borne by respective Si/Gun/Gu pursuant to Article 64, as prescribed by Presidential Decree.
| Article 67 (Expenses to be Borne by National Treasury) |
The following expenses shall be borne by the National Treasury: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13392, Jul. 6, 2015; Act No. 13639, Dec. 29, 2015>
| 1. | Expenses incurred in the medical treatment and protection of patients, etc. with an infectious disease under Article 4 (2) 2; |
| 2. | Expenses incurred in the education and publicity of infectious diseases under Article 4 (2) 4; |
| 3. | Expenses incurred in nurturing specialists for the prevention of infectious diseases under Article 4 (2) 8; |
| 4. | Expenses incurred in conducting sentinel surveillance activities under Article 16 (4); |
| 4-2. | Expenses incurred in conducting education and training under Article 18-3; |
| 5. | Expenses incurred in transporting corpses for autopsies under Article 20, and in disposal of them after autopsies; |
| 5-2. | Expenses incurred in arranging funerals for the deceased persons under Article 20-2; |
| 6. | Expenses incurred in the production, research, etc., of vaccines under Article 33; |
| 7. | Expenses incurred in establishing and operating isolation wards, sanatoriums, or clinics established by the Minister of Health and Welfare pursuant to Article 37, and infectious disease control facilities of infectious disease control institutions designated under the same Article; |
| 8. | Expenses incurred in stockpiling and signing contracts for long-term procurement of articles found necessary after deliberation by the Committee pursuant to Article 40 (1); |
| 9. | Expenses incurred in conducting the inpatient treatment, investigations, medical examinations, etc., of foreign patients, etc. with an infectious disease under Articles 41 and 42; |
| 9-2. | Allowances, treatment expenses, or compounding fees for mobilizing medical persons, medical practitioners, and other medical personnel by the State pursuant to Article 49 (1) 12; |
| 9-3. | Allowances and other expenses incurred in assigning medical persons, etc. to quarantine duties by the State pursuant to Article 60-3 (1) through (3); |
| 10. | Expenses incurred in compensating injuries caused by vaccinations, etc., under Article 71. |
| Article 68 (Expenses to be Subsidized by the State) |
The State shall subsidize the following expenses:
| 1. | Some expenses incurred in providing support to corporations or associations which perform preventive and treatment duties of Hansen's disease pursuant to Article 4 (2) 13; |
| 2. | At least 1/2 of expenses to be borne by Cities/Dos pursuant to Articles 65 and 66. |
| Article 69 (Expenses Collectible from Patients) |
The Special Self-Governing Province Governor or the head of a Si/Gun/Gu may collect expenses incurred in hospitalization, medical diagnosis, examination, treatment, etc. due to a person's chronic disease, newly-diagnosed disease, etc., other than expenses incurred in inpatient treatment under Articles 41 and 42, from the person or his/her guardian, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 70 (Compensation for Losses) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall pay compensation to a person suffering from any of the following losses, according to the results of deliberation and resolution by the relevant Compensation Deliberation Committee established under Article 70-2: <Amended by Act No. 13639, Dec. 29, 2015> |
| 1. | Loss resulting from the designation of an infectious disease control institution or the establishment and operation of an isolation ward, etc. under Articles 36 and 37; |
| 2. | Loss suffered by a medical institution who has given medical treatment to patients with an infectious disease, patients suspected of an infectious diseases, etc. in accordance with any measure taken under this Act; |
| 3. | Loss suffered by a medical institution due to its closure, suspension of business, etc. under this Act; |
| 5. | Loss equivalent to any loss specified in subparagraphs 1 through 4, which is suffered by a health care institution defined in Article 42 of the National Health Insurance Act due to the occurrence or visitation of a patient, etc. with an infectious disease, or due to the disclosure of such fact by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, and the compensation for which is deliberated and resolved by the relevant Compensation Deliberation Committee established under Article 70-2. |
| (2) | Any person seeking compensation for losses as provided for in paragraph (1) shall file a claim for compensation for losses with the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu, by appending relevant documents to the written claim for compensation for losses, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13639, Dec. 29, 2015> |
| (3) | In determining the amount of compensation under paragraph (1), if the person who has suffered a loss caused or expanded the loss by violation of obligation to take measures as provided for in this Act or applicable statutes, the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu may not pay the relevant compensation, or reduce the amount thereof. <Newly Inserted by Act No. 13639, Dec. 29, 2015> |
| (4) | Matters necessary for the subject, extent, and computation of compensation made under paragraph (1), standards for non-payment and reduced payment made under paragraph (3), and other relevant matters, shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13639, Dec. 29, 2015> |
| Article 70-2 (Compensation Deliberation Committee) |
| (1) | In order to deliberate and resolve on issues regarding compensation provided for in Article 70, a Compensation Deliberation Committee (hereinafter referred to as “Deliberation Committee”) shall be established under the Ministry of Health and Welfare and each City/Do. |
| (2) | A Deliberation Committee shall be comprised of not exceeding 20 members, including two chairpersons; the Deliberation Committee established under the Ministry of Health and Welfare shall be co-chaired by the Vice Minister of Health and Welfare and a non-governmental member; and a Deliberation Committee established in each City/Do shall be co-chaired by its Vice Mayor/Governor and a non-governmental member. |
| (3) | Members of a Deliberation Committee shall be appointed or commissioned by the Minister of Health and Welfare or the competent Mayor/Do Governor, from among persons with substantial knowledge and experience in the relevant fields and related public officials, as prescribed by Presidential Decree. |
| (4) | If required for a deliberation and resolution process under paragraph (1), a Deliberation Committee may request interested parties to attend a Committee meeting or to submit data. |
| (5) | Other necessary matters concerning the composition, operation, etc., of Deliberation Committees shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
| Article 70-3 (Subsidization to Medical Persons and Founders of Medical Institutions) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu may subsidize the medical persons or founders of medical institutions who have supported activities for the surveillance, prevention, control, or epidemiological investigation of an infectious disease under this Act, within budgetary limits. |
| (2) | Necessary matters concerning the details, procedure, methods, etc. of subsidization referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
| Article 70-4 (Livelihood Assistance for Patients, etc. with Infectious Disease) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu may provide treatment expenses, livelihood assistance, and other financial support to persons hospitalized, quarantined, or isolated under this Act, within budgetary limits. |
| (2) | Where a person specified in paragraph (1) or a medical person specified in Article 70-3 (1) is unable to care for his/her child because of hospitalization or isolation, or support for surveillance, prevention, control, or epidemiological investigation of an infectious disease, the relevant Mayor/Do Governor and the head of the relevant Si/Gun/Gu shall take necessary measures, including child-care support defined under the Child-Care Support Act. |
| (3) | Matters necessary for providing assistance and support under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
| Article 71 (Compensation by State for Injury Caused by Vaccination, etc.) |
| (1) | Where a person who has been vaccinated pursuant to Articles 24 and 25, or a person who has been administered a preventive and therapeutic medicine pursuant to Article 40 (2) develops a disease, becomes disabled, or dies due to such vaccination or preventive and therapeutic medicine, the State shall pay the following compensation according to the standards and procedures prescribed by Presidential Decree: |
| 1. | A person who receives treatment for a disease: All medical expenses and a fixed amount of nursing expenses; |
| 2. | A person who becomes disabled: A lump-sum compensation; |
| 3. | A deceased person: A lump-sum compensation for the bereaved family members and funeral expenses prescribed by Presidential Decree. |
| (2) | A disease, disability or death eligible for the compensation under paragraph (1) shall be limited to cases recognized by the Minister of Health and Welfare, in which damage is caused by vaccination or administration of a preventive and therapeutic medicine, regardless of abnormality of the relevant vaccine, or negligence of the person who performed vaccination or administered the relevant preventive or therapeutic medicine. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | The Minister of Health and Welfare shall determine whether a filed case is applicable to a disease, disability or death under paragraph (2) within 120 days from the date on which a claim for compensation under paragraph (1) is filed. In such cases, he/she shall hear the opinions of the Committee in advance. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | Matters necessary for the claims for compensation under paragraph (1), the methods of and procedures for the determination under paragraph (3), and other relevant matters shall be prescribed by Presidential Decree. |
| Article 72 (Relation, etc. to Claim for Damages) |
| (1) | Where the State has paid compensations under Article 71 due to any abnormal vaccine, or an intentional or negligent conduct of a third party, including a person, etc. who performed vaccination or administered a preventive and therapeutic medicine, the payment of compensation shall subrogate the State, to the extent of such payment, to any claim for damages accruing to a compensated person against the third party. |
| (2) | Where a person who has been vaccinated or administered a preventive and therapeutic medicine, or his/her bereaved family member under Article 71 (1) 3 has been paid compensations by a third party, the State shall not pay any of the compensation under Article 71, to the extent of the amount of such compensation, and where the State has erroneously paid such compensation, it may collect the relevant amount in the same manner as national taxes are collected. |
| Article 73 (Prohibition from Transferring, etc. Entitlement to Compensation by State) |
No entitlement to compensation pursuant to Articles 70 and 71 may be transferred or seized.
CHAPTER XI SUPPLEMENTARY PROVISIONS
| Article 74 (Prohibition on Divulgence of Confidential Information) |
No person who is or has been engaged in duties relevant to infectious diseases, such as medical examinations, inpatient treatment, diagnosis, etc. under this Act shall divulge any confidential information he/she has obtained in the course of performing his/her duties to any third person.
| Article 74-2 (Request for Provision of Materials, and Inspection) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request the heads of infectious disease control institutions, etc., to provide materials concerning the establishment and operation of infectious disease control facilities, and isolation wards, sanatoriums, or clinics as prescribed in Article 37, and shall assign public officials under his/her jurisdiction to enter the relevant facilities and inspect related documents, facilities, equipments, etc., and to make inquiries to interested parties. |
| (2) | A public official who enters and conducts inspections pursuant to paragraph (1) shall carry a certificate evidencing his/her authority, and produce it to interested parties. |
[This Article Newly Inserted by Act No. 13392, Jul. 6, 2015]
The Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall hold a hearing if he/she intends to issue an order to close a place of business pursuant to Article 59 (1).
| Article 76 (Delegation and Entrustment) |
| (1) | The authority of the Minister of Health and Welfare stipulated under this Act may be partially delegated to the Director of the Korea Centers for Disease Control and Prevention, or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare may entrust part of his/her duties under this Act to the relevant institutions or organizations, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11439, May 23, 2012> |
| Article 76-2 (Request to Provide Information, etc.) |
| (1) | If necessary to prevent infectious diseases and block the spread of infection, the Minister of Health and Welfare or the Director of the Korea Centers for Disease Control and Prevention may request the heads of relevant central administrative agencies (including affiliated agencies and responsible administrative agencies thereof), the heads of local governments (including superintendents of education prescribed in Article 18 of the Local Education Autonomy Act), public institutions designated under Article 4 of the Act on the Management of Public Institutions, medical institutions, pharmacies, corporations, organizations, and individuals to provide the following information concerning patients, etc. with infectious diseases and persons likely to be infected by infectious diseases, and persons in receipt of such request shall comply therewith: |
| 3. | Records of immigration control during the period determined by the Minister of Health and Welfare; |
| 4. | Other information prescribed by Presidential Decree for monitoring the movement paths of patients with infectious diseases. |
| (2) | If necessary to prevent infectious diseases and block the spread of infection, the Minister of Health and Welfare may request the relevant head of the National Police Agency, regional police agency, and police station established under Article 2 of the Police Act (hereafter in this Article, referred to as “police agency”) to provide location information of patients, etc. with an infectious disease and persons likely to be infected by an infectious disease. In such cases, notwithstanding Article 15 of the Act on the Protection, Use, etc. of Location Information and Article 3 of the Protection of Communications Secrets Act, the relevant head of a police agency, upon request by the Minister of Health and Welfare, may request any location information provider defined in Article 5 (7) of the Act on the Protection, Use, etc. of Location Information and any telecommunications business operator defined in subparagraph 8 of Article 2 of the Telecommunications Business Act, to provide location information of patients, etc. with an infectious disease and persons likely to be infected by an infectious disease; and the location information provider and the telecommunications business operator in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended by Act No. 13639, Dec. 29, 2015> |
| (3) | The Minister of Health and Welfare may provide information collected pursuant to paragraphs (1) and (2) to the heads of the relevant central administrative agencies, the heads of local governments, the chairperson of the National Health Insurance Corporation, the president of the Health Insurance Review and Assessment Service, and such medical personnel, medical institutions, and other organizations as are performing tasks related to infectious diseases. In such cases, information provided shall be limited to information related to the tasks of the relevant agencies, etc., for preventing infectious diseases and blocking the spread of infection. |
| (4) | No person provided with information pursuant to paragraph (3) shall use such information for any purpose, other than conducting tasks related to infectious diseases under this Act, and shall, without delay, destroy all information when the relevant tasks are completed and inform the Minister of Health and Welfare of such fact. |
| (5) | The Minister of Health and Welfare shall notify the relevant party as the principal owning information collected pursuant to paragraphs (1) and (2), of the following: |
| 1. | The fact that information necessary for preventing infectious diseases and blocking the spread of infection has been collected; |
| 2. | Where information prescribed in subparagraph 1 has been provided to another agency, such fact; |
| 3. | The fact that, even in cases prescribed in subparagraph 2, no information shall be used for any purpose, other than conducting tasks related to infectious diseases under this Act, and all the information shall be destroyed without delay when the relevant tasks are completed. |
| (6) | Where a person provided with information pursuant to paragraph (3) process the relevant information, in violation of this Act, such person shall be governed by the Personal Information Protection Act. |
| (7) | Necessary matters concerning the target and scope of information provided under paragraph (3) and methods for notification under paragraph (5), shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13392, Jul. 6, 2015]
CHAPTER XII PENALTY PROVISIONS
| Article 77 (Penalty Provisions) |
A person who introduces high-risk pathogens into the domestic environment without obtaining a permit, in violation of Article 22 (1) or (2), shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won.
| Article 78 (Penalty Provisions) |
A person who divulges confidential information he/she has obtained in the course of performing his/her duties, in violation of Article 74, shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won.
| Article 79 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won: <Amended by Act No. 13392, Jul. 6, 2015>
| 2. | A person who fails to report, or falsely reports, under Article 21 or 22 (3); |
| 3. | A person who refuses, interferes with, or evades an inspection for the safety control of high-risk pathogens under Article 23 (2); |
| 4. | A person who violates Article 60 (4) (except for public officials); |
| Article 79-2 (Penalty Provisions) |
A person who refuses to comply with a request made by a police agency, in violation of the latter part of Article 76-2 (2), shall be punished by imprisonment with labor for not exceeding one year, or by a fine not exceeding 20 million won. [This Article Newly Inserted by Act No. 13639, Dec. 29, 2015]
| Article 80 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding three million won:
| 1. | A person who fails to establish infectious disease control facilities, in violation of Article 37 (4); |
| 2. | A person who fails to receive inpatient treatment, in violation of Article 41 (1), or refuses inpatient treatment, in violation of paragraphs (2) and (3) of the same Article; |
| 3. | A person who fails to comply with a compulsory disposition under Article 42; |
| 4. | A person who is engaged in an occupation involving frequent contact with the general public, or a person who employs patients, etc. with an infectious disease for such occupation, in violation of Article 45; |
| 5. | A person who violates measures taken under Article 47 or 49 (1) (excluding matters concerning medical examinations referred to in subparagraph 3 of the same paragraph); |
| 6. | A person who renders disinfection services without reporting required under Article 52 (1) or after reporting fraudulently or deceptively; |
| 7. | A person who fails to conduct disinfection in compliance with standards and methods stipulated under Article 54 (1). |
| Article 81 (Penalty Provisions) |
Any of the following persons shall be punished by a fine not exceeding two million won: <Amended by Act No. 13392, Jul. 6, 2015>
| 1. | A medical doctor, an oriental medical doctor, a military doctor, the head of a medical institution, the head of an institution for confirming pathogens of infectious diseases, or an institution of sentinel surveillance of infectious diseases who/which neglects to file a notification or a report, or falsely notifies or reports, under Article 11; |
| 2. | A person who interferes with filing a notification or a report by a medical doctor, an oriental medical doctor, a military doctor, the head of a medical institution, the head of an institution for confirming pathogens of infectious diseases, or an institution of sentinel surveillance of infectious diseases pursuant to Article 11; |
| 3. | A person who neglects to file a notification under Article 12 (1); |
| 4. | A person who requests a householder, manager, etc., not to file a notification under Article 12 (1); |
| 5. | Deleted; <by Act No. 13392, Jul. 6, 2015> |
| 6. | A person who refuses to comply with an autopsy order issued under Article 20; |
| 7. | A person who issues a false certificate of vaccination, in violation of Article 27; |
| 8. | A person who refuses, interferes with, or evades an epidemiological investigation, in violation of Article 29; |
| 9. | A person who allows a person who fails to undergo a medical examination for sexually transmitted infectious diseases to be engaged in business, in violation of Article 45 (2); |
| 10. | A person who refuses or evade a medical examination, in violation of Article 46 or 49 (1) 3. |
| Article 82 (Joint Penalty Provisions) |
Where a representative of a corporation, or an agent or an employee of, or any other person employed by, a corporation or individual commits a violation under Articles 77 through 81 in connection with the business of the corporation or individual, in addition to the punishment of such violator, the corporation or individual shall be punished by a fine under the respective provisions: Provided, That where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation, this shall not apply.
| Article 83 (Administrative Fines) |
| (1) | A person who makes a false statement, presents false materials, or intentionally omits or conceals any fact, in violation of Article 35-2, shall be imposed by an administrative fine not exceeding ten million won. <Newly Inserted by Act No. 13392, Jul. 6, 2015> |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: |
| 1. | A person who fails to report, or falsely reports, under Article 28 (2); |
| 2. | A person who fails to disinfect under Article 51 (2); |
| 3. | A person who fails to report the suspension, permanent closure, or re-commencement of business under Article 53; |
| 4. | A person who fails to keep records of and preserve matters concerning disinfection, or keeps false records thereof, under Article 54 (2). |
| (2) | Administrative fines as prescribed in paragraphs (1) and (b) shall be imposed and collected by the Minister of Health and Welfare or the competent Mayor/Do Governors or heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended by Act No. 13392, Jul. 6, 2015> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Applicability to Reporting, etc. by Medical Doctors, etc.)
The amended provisions of Article 11 shall begin to apply where any of the cases applicable under the amended provisions of Article 11 (1), (3) or (4) first occurs after this Act enters into force. Article 4 (Applicability to Reporting on Extraction and Transfer of High-Risk Pathogens)
The amended provisions of Article 21 shall begin to apply where a high-risk pathogen is first to be extracted or an already extracted high-risk pathogen is to be transferred after this Act enters into force. Article 5 (Applicability to Permits, etc. for Introducing High-Risk Pathogens into Domestic Environment)
The amended provisions of Article 22 shall begin to apply where a high-risk pathogen is first introduced into the domestic environment after this Act enters into force. Article 6 (Applicability to Expenses to be Borne or Subsidized by the State. Local Governments, etc.)
The amended provisions of Articles 64 through 68 shall begin applying to the portion of expenses in the Year 2011 which are to be borne or subsidized by the State and local governments. Article 7 (General Transitional Measures concerning Dispositions, etc.)
An administrative disposition taken pursuant to the former Parasitic Disease Prevention Act and the former Prevention of Contagious Diseases Act, any other act performed by or in relation to an administrative agency as at the time this Act enters into force shall be deemed an act performed by or in relation to an administrative agency under this Act corresponding thereto. Article 8 (Transitional Measures concerning Contagious Diseases, etc.)
Article 9 (Transitional Measures concerning Compensation for Loss Caused by Examinations, etc. of Parasitic Diseases)
Article 10 (Transitional Measures concerning Sentinel Surveillance Medical Institutions)
A sentinel surveillance medical institution designated under the former Prevention of Contagious Diseases Act as at the time this Act enters into force shall be deemed a sentinel surveillance institution designated under the amended provisions of Article 16. Article 11 (Transitional Measures concerning Vaccination Certificates)
Article 12 (Transitional Measures concerning Vaccination Damage Investigation Teams)
A vaccination damage investigation team under the former Prevention of Contagious Diseases Act as at the time this Act enters into force shall be deemed a vaccination damage investigation team under the amended provisions of Article 30. Article 13 (Transitional Measures concerning Designation of Contagious Disease Prevention Facilities)
Any contagious disease prevention facilities establish by a Mayor/Do Governor or the head of a Si/Gun/Gu, or designated by the Minister of Health, Welfare and Family Affairs pursuant to the former Prevention of Contagious Diseases Act as at the time this Act enters into force shall be deemed designated as an infectious disease control institution under the amended provisions of Article 36. Article 14 (Transitional Measures concerning Reporting, etc. on Disinfection Services)
| (1) | A report on disinfection services filed under the former Prevention of Contagious Diseases Act as at the time this Act enters into force shall be deemed a report on disinfection services filed under the amended provisions of Article 52 (1). |
| (2) | A report on the suspension, closure or reopening of disinfection services filed under the former Prevention of Contagious Diseases Act as at the time this Act enters into force shall be deemed a report on disinfection services filed under the amended provisions of Article 53. |
Article 15 (Transitional Measures concerning Training for Disinfection Service Providers, etc.)
A disinfection service provider or his/her employee engaged in disinfection services who has received training under the former Prevention of Contagious Diseases Act as at the time this Act enters into force shall be deemed to have received training under the amended provisions of Article 55. Article 16 (Transitional Measures concerning Provision of Disinfection Services on behalf of Others)
A disinfection service provider who provides disinfection services on behalf of others in accordance with the former Prevention of Contagious Diseases Act as at the time this Act enters into force shall be deemed to have executed disinfection services on behalf of others under the amended provisions of Article 56. Article 17 (Transitional Measures concerning Epidemic Control Officers, etc.)
An epidemic control officer, quarantine inspection commissioner or epidemic prevention commissioner under the former Prevention of Contagious Diseases Act as at the time this Act enters into force shall be deemed an epidemic control officer, quarantine inspection commissioner or epidemic prevention commissioner under the amended provisions of Articles 60 through 62. Article 18 (Transitional Measures concerning the Parasite Disease Prevention Association)
| (1) | The Parasitic Disease Prevention Association established under the former Parasitic Disease Prevention Act as at the time this Act enters into force shall be deemed the Korea Association of Health Promotion under the amended provisions of Article 63. |
| (2) | The name of the Parasitic Disease Prevention Association indicated in the register or any other official book as at the time this Act enters into force shall be deemed the name of the Korea Association of Health Promotion under the amended provisions of Article 63. |
Article 19 (Transitional Measures concerning Compensation by State for Injury Caused by Vaccination, etc.)
A person who has applied for compensation for injury caused by vaccination, etc. under the former Prevention of Contagious Diseases Act as at the time this Act enters into force shall be deemed to have filed a claim for compensation under the amended provisions of Article 71. Article 20 (Transitional Measures concerning Penalty Provisions)
Article 21 Omitted.
Article 22 (Relationship with other Statutes)
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.
ADDENDA <Act No. 10789, Jun. 7, 2011>
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.
ADDENDUM <Act No. 11439, May 23, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11645, Mar. 22, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12444, Mar. 18, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13392, Jul. 6, 2015>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 2, 4 through 7, 14, 16 through 18, 34, 46, 47, 49, 50, 67, and 74-2 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13474, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 35 Omitted.
ADDENDA <Act No. 13639, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 6 of Article 64 and subparagraph 6 of Article 65 shall enter into force on January 1, 2016; and the amended provisions of Articles 76-2 and 79-2 shall enter into force on January 7, 2016. Article 2 (Preparatory Activities for Establishing Infectious Disease Hospitals)
The Minister of Health and Welfare may engage in preparatory activities necessary to establish an infectious disease hospital under Article 8-2, including appointment of its head, before this Act enters into force. In such cases, the Minister of Health and Welfare may request necessary cooperation from the head of a relevant central administrative agency, the head of a local government, a national or public hospital, a public health clinic, a private medical facility, and any other public organization and relevant expert. Article 3 (Preparatory Activities for Compensation for Losses)
If deemed necessary for compensation for losses under this Act, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may perform the following activities before this Act enters into force:
| 1. | Taking measures necessary to apply for, determine, and pay compensation for losses under the amended provisions of Article 70; |
| 2. | Engaging in preparatory activities for constituting and operating a Deliberation Committee, and requesting interested parties to submit data under the amended provisions of Article 70-2. |
Article 4 (Applicability to Methods of Funeral, etc. for the Deceased)
The amended provisions of Article 20-2 shall begin to apply to the first death of a patient, etc. with an infectious disease after this Act enters into force. Article 5 (Applicability to Employer’s Obligation to Cooperate)
The amended provisions of Article 41-2 shall also apply to any employer who has granted a paid leave to an employee hospitalized or isolated under this Act, in relation with Middle East Respiratory Syndrome (MERS) mentioned in subparagraph 5 (s) of Article 2, before this Act enters into force. Article 6 (Applicability to Compensation for Losses)
The amended provisions of Article 70 shall also apply to any person who has suffered from a loss due to Middle East Respiratory Syndrome (MERS) mentioned in subparagraph 5 (s) of Article 2, before this Act enters into force. Article 7 (Applicability to Subsidization to Medical Persons and Patients, etc. with Infectious Disease)
The amended provisions of Articles 70-3 and 70-4 shall also apply where subsidization is necessary due to Middle East Respiratory Syndrome (MERS) mentioned in subparagraph 5 (s) of Article 2, before this Act enters into force. Article 8 (Applicability to Double Support)
Where compensation for losses is made or subsidization is provided under the amended provisions of Article 70 or 70-3, any person who has already received a similar compensation or subsidization due to Middle East Respiratory Syndrome (MERS) mentioned in subparagraph 5 (s) of Article 2 as at the time this Act enters into force, shall receive the compensation or subsidization except the amount of compensation or support already provided.