QUARANTINE ACT
Wholly Amended by Act No. 9846, Dec. 29, 2009
Amended by Act No. 9932, Jan. 18, 2010
Act No. 11972, Jul. 30, 2013
Act No. 12445, Mar. 18, 2014
Act No. 13980, Feb. 3, 2016
Act No. 14839, Jul. 26, 2017
Act No. 15266, Dec. 19, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to maintain and protect the public health by providing for matters concerning the procedures for quarantining the means of transport, persons, and cargo, all of which enter and depart from the Republic of Korea and matters concerning the measures for prevention of infectious diseases in order to prevent infectious diseases from spreading in and out of the Republic of Korea.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13980, Feb. 3, 2016; Act No. 15266, Dec. 19, 2017>
| 1. | The term "quarantinable infectious disease" means any of the following diseases: |
| (d) | Severe Acute Respiratory Syndrome (SARS); |
| (e) | Animal influenza infection in humans; |
| (g) | Middle East Respiratory Syndrome (MERS); |
| (h) | Infectious diseases, other than those referred to in items (a) through (g), that break out abroad and are likely to spread into the Republic of Korea or break out within the Republic of Korea and are likely to spread abroad and against which the Minister of Health and Welfare publicly announces by recognizing the need to take emergency quarantine measures; |
| 2. | The term "means of transport" means any ship, aircraft, train, or motor vehicle; |
| 3. | The term "patient infected with a quarantinable infectious disease" means a person who shows symptom after the pathogen of a quarantinable infectious disease intrudes his/her body and who is confirmed through diagnosis and inspection of a doctor; |
| 4. | The term "patient suspected of being infected with a quarantinable infectious disease" means a person to whom the pathogen of a quarantinable infectious disease is suspected of intruding, but who is in the stage prior to being confirmed as a patient infected with a quarantinable infectious disease; |
| 5. | The term “person suspected of being infected with a quarantinable infectious disease” means a person who has had contact with a patient infected with a quarantinable infectious disease or a patient suspected of being infected with a quarantinable infectious diseases, or who is exposed to the pathogen of a quarantinable infectious disease without any symptom of the quarantinable infectious disease but is suspected of being infected with the quarantinable infectious disease; |
| 6. | The term "vector of infectious diseases" means a rat or vermin that transports harmful infection substances to public health. |
| (1) | The State shall protect the human rights of persons subject to quarantine, in conducting the duties of quarantine. |
| (2) | The State shall establish countermeasures in order to promptly cope with the spread of quarantinable infectious diseases within and out of the Republic of Korea. |
| (3) | The people shall actively cooperate with the State's policy in order to prevent quarantinable infectious diseases from spreading within and out of the Republic of Korea. |
| Article 4 (Relationship to Other Acts) |
This Act shall apply to quarantine-related duties unless otherwise provided for in other Acts.
| Article 5 (Designation and Cancellation of Contaminated Area) |
| (1) | The Minister of Health and Welfare may designate an area in which a quarantinable infectious disease breaks out and is rampant or a person is infected with an infectious disease subject to the management of public health crisis determined by the World Health Organization, as a contaminated area. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Necessary matters concerning the procedure, etc. for designating contaminated areas provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 5-2 (Control of Adjacent Areas to Contaminated Areas) |
| (1) | The Minister of Health and Welfare may take quarantine measures against a person who has ever stayed in, or travelled via, an adjacent area to a contaminated area designated under Article 5 (1) where a quarantinable infectious disease could break out (hereinafter referred to as “adjacent area to a contaminated area”) by requiring to submit a health condition questionnaire, checking whether the person has a fever, or taking other measures if necessary to prevent the quarantinable infectious disease. |
| (2) | The scope and selection of adjacent areas to a contaminated area referred to 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. 13980, Feb. 3, 2016]
CHAPTER II QUARANTINE INSPECTION
| Article 6 (Means of Transport, etc. Subject to Quarantine) |
| (1) | A means of transport, persons, or cargo (including containers, furnished supplies, consumable goods, and personal belongings inside a means of transport; hereinafter the same shall apply) that falls under any of the following subparagraphs shall undergo quarantine inspections under Article 12: Provided, That the quarantine inspection of a means of transport, persons, or cargo that departs from the Republic of Korea may be omitted unless the Minister of Health and Welfare recognizes that any quarantinable infectious disease that breaks out in the Republic of Korea is likely to spread abroad: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | A means of transport, persons, or cargo that enters or departs from the Republic of Korea; |
| 2. | A means of transport, persons, or cargo that has had contact with the means of transport provided for in subparagraph 1 while conducting duties to prevent or investigate crimes or arrest suspects. |
| (2) | A means of transport, persons, or cargo that has not undergone a quarantine inspection provided for in paragraph (1) may not enter or depart from the Republic of Korea before the quarantine procedure is completed. |
| (3) | Notwithstanding paragraphs (1) and (2), all or part of a quarantine inspection may be omitted for a means of transport prescribed by Ordinance of the Ministry of Health and Welfare among the means of transport that temporarily stay in the Republic of Korea in order to take delivery of fuel, materials, daily necessities, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 7 (Quarantine of Military Means of Transport) |
With respect to the military means of transport, in cases where the head of the relevant means of transport notifies of any of the following facts, the director of the quarantine station may omit the quarantine inspection thereof:
| 1. | The fact that a patient infected with a quarantinable infectious disease or a patient suspected of being infected with a quarantinable infectious disease is not aboard the military means of transport; |
| 2. | The fact that vectors of infectious diseases is not found in the military means of transport. |
| Article 8 (Quarantine of Means of Transport for Evacuation) |
| (1) | When a means of transport inevitably arrives in any place, other than a place for quarantine, in an attempt to avoid any emergency crisis, a person who controls or operates the means of transport or who is responsible for controlling or operating the means of transport (hereinafter referred to as "head of the means of transport") shall report the matters prescribed by Ordinance of the Ministry of Health and Welfare, including whether a person is infected with a quarantinable infectious disease and the sanitary state, to the director of the quarantine station having the jurisdiction over the nearest place to the place of arrival, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The director of the quarantine station who receives the report provided for in paragraph (1) may instruct the head of the means of transport to take necessary measures, such as the measures for the patient infected with a quarantinable infectious disease. |
| (3) | The head of the means of transport who receives the instruction provided for in paragraph (2) shall comply with the instruction. |
| Article 9 (Notification of Quarantine) |
Where a means of transport comes near the place for quarantine, the head of the means of transport shall notify the director of the quarantine station having jurisdiction over the relevant place for quarantine of the matters prescribed by Ordinance of the Ministry of Health and Welfare, including whether any patient infected with a quarantinable infectious disease is aboard and the sanitary state, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That where the means of transport enters due to seizure, defection, distress, etc., the head of the authority related to the investigation may notify thereof. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 10 (Place for Quarantine) |
| (1) | The Minister of Health and Welfare shall designate a place for quarantine in consultation with the head of the related central administrative agency. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | A means of transport to be quarantined shall undergo a quarantine inspection after arriving in the place for quarantine. In such cases, any ship shall undergo a quarantine inspection after indicating the intention to undergo the quarantine inspection, such as raising a yellow flag or turning on a yellow headlight. |
| (3) | The director of the quarantine station may conduct a quarantine inspection in any place, other than a place for quarantine provided for in paragraph (1) on the grounds of weather conditions or other inevitable reasons specified by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11972, Jul. 30, 2013> |
| (4) | A means of transport that is bound for overseas shall undergo a quarantine inspection in the quarantine area (hereinafter referred to as "quarantine area") designated by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 11 (Quarantine Time) |
| (1) | The director of the quarantine station shall promptly conduct a quarantine inspection of a ship that sails into the place for quarantine from sunrise to sunset and a ship sailing into the place for quarantine after sunset that falls under any of the following subparagraphs unless weather conditions or other inevitable grounds make it impossible to do so: |
| 1. | The ship that takes aboard any emergency patient; |
| 2. | The ship which carries cargo needed to be urgently unloaded; |
| 3. | The ship in which any emergency situation, such as a safety accident, occurs. |
| (2) | The director of the quarantine station shall conduct a quarantine inspection immediately after a means of transport, other than a ship, enters and may permit passengers, crew members and cargo to get off and be unloaded on condition that they wait or are isolated in a quarantine area if inevitable grounds exist to make it impossible to conduct the quarantine inspection immediately. |
| (3) | The head of a means of transport that is bound for overseas shall notify the director of the quarantine station of a scheduled departure time. |
| (4) | The director of the quarantine station shall complete a quarantine inspection before a scheduled departure time notified pursuant to paragraph (3). |
| Article 12 (Quarantine Inspection) |
| (1) | The director of the quarantine station shall conduct a quarantine inspection on any of the following matters: Provided, That in cases of a motor vehicle, the matters, other than those provided for in subparagraph 2, may be omitted: |
| 1. | Progress and current status of health and sanitary conditions of the means of transport; |
| 2. | Matters concerning the control and management of quarantinable infectious diseases for passengers, crew members, and those who intend to walk on land (hereinafter referred to as "pedestrians"); |
| 3. | The storage status of food and the status of the cargo loaded in the means of transport; |
| 4. | Whether vectors for infectious diseases inhabit and the state of their breeding. |
| (2) | Pedestrians shall undergo a quarantine inspection at the quarantine area or a place designated by Ordinance of the Ministry of Health and Welfare before entering the Republic of Korea. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 11972, Jul. 30, 2013> |
| (3) | The director of the quarantine station may ask the head, passengers, and crew members of a means of transport or pedestrians to submit or produce necessary documents and question them about necessary matters in order to conduct the quarantine inspection referred to in paragraph (1). |
| (4) | Necessary matters concerning methods of and procedures for conducting a quarantine inspection referred to in paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 13 (Embarking or Boarding Prior to Quarantine) |
| (1) | Anyone, other than public officials in charge of quarantine under Article 30, shall be prohibited from embarking or boarding a means of transport subject to a quarantine inspection before a quarantine certificate is issued: Provided, That this shall not apply to those who are permitted by the director of the quarantine station as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Anyone who has boarded a means of transport without any permission from the director of the quarantine station shall undergo a quarantine inspection. |
| Article 14 (Electronic Quarantine) |
| (1) | Where the head of a means of transport electronically files an application for quarantine of his/her means of transport and if the director of the quarantine station deems that an infectious disease is unlikely to spread in the Republic of Korea after confirming the quarantine information pertaining to the relevant means of transport, he/she may notify the head of the means of transport of the completion of the quarantine procedures, upon its arrival, and issue a quarantine certificate. |
| (2) | Where quarantine information pertaining to a means of transport received electronically pursuant to paragraph (1) is confirmed different from the fact, the director of the quarantine station may take necessary measures to requarantine the means of transport as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | Necessary matters concerning procedures for and methods of electronic quarantine referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 15 (Quarantine Measures) |
| (1) | The director of the quarantine station may take all or part of any of the following measures for a person infected or suspected of being infected with a quarantinable infectious disease, means of transport, or cargo contaminated or suspected of being contaminated by the pathogen of a quarantinable infectious disease or suspected of being inhabited by vectors of an infectious disease: <Amended by Act No. 13980, Feb. 3, 2016> |
| 1. | Isolating a patient infected with a quarantinable infectious disease or a patient suspected of being infected with a quarantinable infectious disease (hereinafter referred to as "patient infected with a quarantinable infectious disease, etc."); |
| 2. | Supervising or isolating a person suspected of being infected with a quarantinable infectious disease; |
| 3. | Disinfecting, destructing, or prohibiting the movement of cargo contaminated with or suspected of being contaminated with the pathogen of a quarantinable infectious disease; |
| 4. | Disinfecting any place contaminated or suspected of being contaminated with the pathogen of a quarantinable infectious disease, and prohibiting or restricting the use of such place; |
| 5. | Dissecting any corpse (including any dead fetus; hereinafter the same shall apply) which is contaminated or suspected of being contaminated with a quarantinable infectious disease in order to inspect the corpse; |
| 6. | Ordering the head of a means of transport or the owner or manager of cargo to disinfect the means of transport or the cargo, and eradicating vectors of an infectious disease; |
| 7. | Medically examining or checking persons deemed necessary to be confirmed whether they are infected with a quarantinable infectious disease; |
| 8. | Vaccinating persons who need the prevention of a quarantinable infectious disease. |
| (2) | Where it is intended to dissect a corpse pursuant to paragraph (1) 5, the consent of a relative under subparagraph 16 of Article 2 of the Act on Funeral Services, Etc. (where no person of senior rank is available as provided for in each item of the same subparagraph, referring to the person in subsequent order; hereinafter referred to as "relative") shall be obtained: Provided, That in any of the following subparagraphs, the consent of the relative may not be required to be obtained: |
| 1. | Where the relative lives abroad or in an island, a remote place, etc. or the whereabouts of the relative is unknown; |
| 2. | Where it is impossible to obtain the consent of the relative due to other reasons; |
| 3. | Where it is impossible to achieve the objective of the dissection if it is delayed until the time the consent of the relative is obtained. |
| (3) | The head of a means of transport or the owner or the manager of cargo who has received an order referred to in paragraph (1) 6 shall entrust any other person who is qualified as prescribed by Ordinance of the Ministry of Health and Welfare to perform the disinfection, etc. and have the results of such disinfection, etc. confirmed by the director of the quarantine station. <Amended by Act No. 9932, Jan. 18, 2010> |
| (4) | Where the director of the quarantine station cannot take proper measures pursuant to paragraph (1), he/she may notify the head of the means of transport of the reason and instruct him/her to sail back or move his/her means of transport to any other place for quarantine. In such cases, the head of the relevant means of transport shall comply with such instruction. |
| (5) | Where it is deemed necessary to take quarantine measures pursuant to paragraph (1), the director of the quarantine station may request the relevant agency to cooperate with him/her and the head of the relevant agency, in receipt of the request, shall comply therewith unless any extenuating circumstance exists. |
| Article 16 (Isolation of Patients Infected with Quarantinable Infectious Diseases, etc.) |
| (1) | The director of the quarantine station shall isolate patients infected with quarantinable infectious diseases, etc. in any of the following facilities pursuant to Article 15 (1) 1: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 15266, Dec. 19, 2017> |
| 1. | Isolation wards in the quarantine station designated by the Minister of Health and Welfare; |
| (2) | Where the isolation wards or the infectious disease control agencies provided for in paragraph (1) are deficient due to high occurrence of patients infected with a quarantinable infectious disease, etc., the director of the quarantine station may install and operate temporary quarantine facilities, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | Where it is deemed necessary to take the isolation measure (including transfer) referred to in paragraph (1), the director of the quarantine station may ask 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"), or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) to cooperate with him/her. In such cases, the Mayor/Do Governor or the head of the Si/Gun/Gu shall cooperate with him/her unless any extenuating circumstance exists. |
| (4) | The isolation period of a patient infected with a quarantinable infectious disease, etc. shall be until the time he/she is completely free from infectivity. |
| (5) | Anyone who has been isolated during the isolation period referred to in paragraph (4) shall be prohibited from having contact with any other person without permission therefor from the director of the quarantine station. |
| (6) | Where the director of the quarantine station isolates a patient infected with a quarantinable infectious disease, etc., he/she shall inform a family member or guardian of the isolated person or a person designated by the isolated person of such fact, as prescribed by Ordinance of the Ministry of Health and Wealth. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 17 (Supervision, etc. of Persons Suspected of being Infected with Quarantinable Infectious Diseases) |
| (1) | The director of the quarantine station may request the Special Self-Governing Province Governor and the head of a Si/Gun/Gu in which a person suspected of being infected with a quarantinable infectious disease resides or stays after entering the Republic of Korea as provided for in Article 15 (1) 2 to supervise his/her health status or isolate him/her in facilities referred to in Article 16 (1) or (2). |
| (2) | Where a person suspected of being infected with a quarantinable infectious disease is confirmed as a patient infected with a quarantinable infectious disease or a patient suspected of being infected with a quarantinable infectious disease while he/she is under supervision pursuant to paragraph (1), the Special Self-Governing Province Governor and the head of a Si/Gun/Gu shall promptly take necessary measures, such as isolation, and immediately notify the director of the relevant quarantine station of such fact. |
| (3) | The period of supervision or isolation under paragraph (1) shall not exceed any of the following subparagraphs: <Amended by Act No. 13980, Feb. 3, 2016; Act No. 15266, Dec. 19, 2017> |
| 3. | Yellow fever: Six days; |
| 4. | Severe Acute Respiratory Syndrome (SARS): Ten days; |
| 5. | Animal influenza infection in humans: Ten days; |
| 6. | Infectious diseases referred to in subparagraph 1 (f) through (h) of Article 2: The maximum incubation period of such disease. |
| Article 18 (Prohibition on Shipping Cargo from Isolation Facility, etc.) |
No cargo used or kept in an isolation ward and temporary isolation facility under Article 16 may be shipped therefrom without permission therefor from the director of the quarantine station.
| Article 19 (Prohibition of Transfer of Contaminated Means of Transport, etc. and Other Matters) |
| (1) | The director of the quarantine station may, as prescribed by Ordinance of the Ministry of Health and Welfare, take measures, including prohibition of transfer, for passengers, crew members, and pedestrians infected with or suspected of being infected with quarantinable infectious diseases, and means of transport and cargo that are contaminated or are suspected of being contaminated by the pathogen of a quarantinable infectious disease (hereafter referred to in this Article as "contaminated means of transport, etc.") until the time the measures, such as inspection on whether they are infected with a quarantinable infectious disease, disinfection, and destruction of goods, are completed at a place designated by the director of the quarantine station. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The director of the quarantine station shall cancel the measures, such as prohibition of transfer, where it is deemed that a quarantinable infectious disease is unlikely to spread within the Republic of Korea by taking measures for the contaminated means of transport, etc. In such cases, the standards for recognition to cancel the measures, such as prohibition of transfer, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 20 (Measures Taken to Prevent Infectious Diseases Other Than Quarantinable Infectious Diseases) |
Where any patient is found to be infected with an infectious disease, other than a quarantinable infectious disease, or any person is found to have died of an infectious disease, other than a quarantinable infectious disease, or the relevant means of transport is contaminated or is highly likely to be contaminated with the pathogen of an infectious disease, other than a quarantinable infectious disease, in conducting the quarantine inspection, the director of the quarantine station may take necessary preventive measures, such as a medical examination, inspection, and disinfection, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 21 (Keeping of Goods to Require Disinfection) |
The director of the quarantine station may ask the head of the customs office concerned to keep cargo deemed to require disinfection separately from other cargo in order to keep the former from having contact with the latter among goods on the list of loaded goods.
| Article 22 (Quarantine Certificates) |
Where no problem is found in a means of transport, persons, or cargo, the director of the quarantine station shall issue a quarantine certificate to the head of the means of transport, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 23 (Conditional Quarantine Certificates) |
| (1) | Where a means of transport is permitted to arrive on condition that it conducts quarantine disinfection, etc. as a result of its quarantine inspection, the director of the quarantine station may issue a conditional quarantine certificate to the head of the means of transport. |
| (2) | Where a means of transport to which a conditional quarantine certificate is issued meets the relevant condition, the director of the quarantine station shall retrieve the conditional quarantine certificate and issue a quarantine certificate to the head of the means of transport. |
| (3) | Where the head of a means of transport fails to meet the condition proposed in a conditional quarantine certificate referred to in paragraph (1), the director of the quarantine station may take measures, such as the prohibition of transfer. |
| (4) | Where it is deemed impracticable to meet the condition of the means of transport to which a conditional quarantine certificate referred to in paragraph (1) is granted, the director of the quarantine station may clarify the relevant cause to the head of the means of transport and instruct him/her to sail back or move the means of transport to other places for quarantine, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the head of the relevant means of transport shall comply with such instruction. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 24 (Request for Prohibition or Suspension of Entry into and Departure from Republic of Korea) |
The Minister of Health and Welfare may request the Minister of Justice to prohibit or suspend a patient infected with a quarantinable infectious disease, etc. or a person suspected of being infected with a quarantinable infectious disease who is likely to pose a substantial risk to public health from entering or departing from the Republic of Korea: Provided, That the request for prohibition or suspension of entering the Republic of Korea shall apply to foreigners alone. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13980, Feb. 3, 2016>
| Article 25 (Shipment and Inspection of Dead Body, etc.) |
| (1) | Any person who intends to bring a corpse into the Republic of Korea shall submit or produce necessary documents as prescribed by Ordinance of the Ministry of Health and Welfare in order to confirm whether the corpse has died of a quarantinable infectious disease. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | If the corpse, bones, or remains of a person who has died of a quarantinable infectious disease fail to be treated by preservation and sealed in the impenetrable coffin or fail to be cremated, the director of the quarantine station shall not permit the shipment thereof into the Republic of Korea. |
| (3) | The corpse of a person who has died during the operation of a means of transport shall undergo a quarantine inspection, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 26 (Measures for Public Health) |
The director of the quarantine station may take any of the following measures for a person who intends to enter or depart from the Republic of Korea where a quarantinable infectious disease is likely to spread:
| 1. | To request information on a travel region and time; |
| 2. | To request information on the health status related to a quarantinable infectious disease; |
| 3. | To request the documents certifying the vaccination; |
| 4. | To examine or check in order to check whether he/she is infected with a quarantinable infectious disease. |
| Article 27 (Issuance, etc. of Ship Sanitation Certificates, etc.) |
| (1) | Where the captain or owner of a ship requests the issuance of a ship sanitation certificate, the director of the quarantine station shall conduct an inspection as to whether the ship is contaminated with the pathogen of a quarantinable infectious disease or carries vectors of an infectious disease. If the ship is suspected of being contaminated with the pathogen of a quarantinable infectious disease or vectors of an infectious disease are suspected of inhabiting therein, as a result of such inspection, the director of the quarantine station shall entrust a person who is qualified as prescribed by Ordinance of the Ministry of Health and Welfare to perform the disinfection or to eradicate the vectors of the infectious disease and issue a ship sanitation certificate effective for six months. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Where the relevant ship is not suspected of being contaminated with the pathogen of a quarantinable infectious disease and vectors of an infectious disease do not inhibit in the relevant ship as a result of an inspection as provided in paragraph (1), the director of the quarantine station shall issue a certificate of exemption from ship sanitation effective for six months. |
| (3) | Where the captain or the owner of a ship who disinfects or eradicates vectors of an infectious disease as provided for in Article 15 (3) by obtaining an order for measures referred to in Article 15 (1) 6 requests the issuance of a certificate concerning the performance of the order, the director of the quarantine station shall issue a ship sanitation certificate effective for six months. |
| (4) | Where a ship has any special reason that the ship returns to the place of shipment or the quarantine inspection and quarantine measures cannot be performed pursuant to Articles 12 and 15, the director of the quarantine station shall extend the term of validity of the certificate of exemption from ship sanitation provided for in paragraph (2) within one month. |
| (5) | The director of the quarantine station shall conduct a quarantine inspection referred to in Article 12 for the ship whose term of validity of a certificate issued pursuant to paragraphs (1) through (3) expires, the ship that arrives without carrying a certificate, or the ship that carries a certificate in which the fact that the reinspection is necessary is specified. |
| (6) | Necessary matters concerning the procedure for application and issuance of a ship sanitation certificate and a certificate of exemption from ship sanitation shall be prescribed by Ordinance of the Ministry of Health and Wealth. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 28 (Issuance of Other Certificates) |
| (1) | Where the head or the owner of a means of transport requests the issuance of an extermination certificate of pathogens of infectious diseases, the director of the quarantine station shall take measures to eradicate vectors of infectious diseases, such as the disinfection of the relevant means of transport, and issue a certificate with respect thereto, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Where a person who intends to export goods requests the issuance of a certificate falling under any of the following subparagraphs, the director of the quarantine station shall take preventive measures against quarantinable infectious diseases and issue a certificate with respect thereto, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | Certificate of disinfection of the goods: Inspection on whether quarantinable infectious diseases exist, the disinfection and the eradication of vectors of infectious diseases; |
| 2. | Certificate of bacteriological inspection of the goods: Performance of bacteriological inspection on whether pathogens of quarantinable infectious diseases exist. |
| (3) | Where a person who intends to travel overseas, such as a passenger or a crew member, requests the issuance of a certificate falling under any of the following subparagraphs, the director of the quarantine station shall take preventive measures against quarantinable infectious diseases and issue a certificate with respect thereto, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 9932, Jan. 18, 2010> |
| 1. | International Certificate of Vaccination: Vaccine administration; |
| 2. | Certificate of bacterial serological inspection: Performance of inspection on whether he/she is infected with a quarantinable infectious disease and carries the pathogen of a quarantinable infectious disease. |
| (4) | Necessary matters concerning the issuance of a certificate, other than certificates referred to in paragraphs (1) through (3), the details of preventative measures and the procedure for issuance of certificates shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (5) | The disinfection and eradication of vectors of infectious diseases as required under paragraphs (1) and (2) shall be conducted by a person who is qualified as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 28-2 (Designation, etc. of Internationally Certified Vaccination Center) |
| (1) | Where internationally certified vaccination under Article 28 (3) is impracticable at a quarantine station or it is inconvenient for residents to use a quarantine station, etc., the Minister of Health and Welfare may designate an institution that can perform internationally certified vaccinations (hereinafter referred to as "internationally certified vaccination center") from among the following institutions. In such cases, the Minister of Health and Welfare shall publicly announce such designation: |
| 2. | National institutions, local governmental institutions, and public institutions established under the Act on the Management of Public Institutions which are equipped with dispensaries where doctors are on duty all the time. |
| (2) | Where any of the following applies to an institution designated as an internationally certified vaccination center, the Minister of Health and Welfare may revoke the designation: |
| 1. | Where it has no performance record of vaccinations against quarantinable infectious diseases during the recent three years; |
| 2. | Where it violates this Act or medical service related statutes in connection with quarantinable infectious diseases. |
| (3) | Except as otherwise prescribed in paragraphs (1) and (2), the standards and procedures for the designation of internationally certified vaccination centers, and revocation of designation, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 12445, Mar. 18, 2014]
| Article 29 (Management of Health and Sanitation in Quarantine Areas) |
| (1) | Where it is found that a quarantinable infectious disease or non-quarantinable infectious disease spreads or is likely to spread, the director of the quarantine stations may take any of the following measures for any means of transport, facilities, buildings, and goods within the quarantine area and other places or give the necessary direction to the persons concerned: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13980, Feb. 3, 2016> |
| 1. | Epidemiological surveys of the quarantinable infectious disease or non-quarantinable infectious disease; |
| 2. | Disinfection performed to kill insects and germs and eradicate vectors of the infectious disease; |
| 3. | Inspection performed to find germ carriers and vaccination against the quarantinable infectious disease or non-quarantinable infectious disease; |
| 4. | Inspection of food materials, food, and portable water that are loaded into means of transport; |
| 5. | Sanitary guidance, education, and public relations for persons who handle fish and shellfish as well as foodstuff; |
| 6. | Survey of distribution of inhabitation, etc. of vectors of the infectious disease in the quarantine area; |
| 7. | Inspection of ballast water within a ship to balance the ship; |
| 8. | Other matters the Minister of Health and Welfare deems necessary for the prevention of quarantinable infectious diseases and non-quarantinable infectious diseases. |
| (2) | Where the director of the quarantine station takes the measures or gives directions pursuant to paragraph (1), if necessary, he/she may request the agencies concerned or the business entities concerned to cooperate with him/her and the agencies concerned or the business entities concerned, in receipt of the request, shall comply therewith unless any extenuating circumstance exists. |
| Article 29-2 (Building and Operation of Quarantine Information System) |
| (1) | The Minister of Health and Welfare may build and operate an information system that can electronically process information about persons subject to quarantine in order to efficiently provide quarantine services, including expeditious detection of persons who are, or is likely to be, infected with a quarantinable infectious disease. |
| (2) | The Minister of Health and Welfare shall not use the information administered by the system built under paragraph (1) for any purpose other than efficiently providing quarantine services and shall manage such information to prevent privacy infringement. |
| (3) | The building and operation of the system referred to 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. 13980, Feb. 3, 2016]
CHAPTER II-2 REQUESTS, ETC. FOR SUBMISSION OF DATA
| Article 29-3 (Duty to Report) |
| (1) | A person who has stayed at a contaminated area designated under Article 5 (1) or entered the Republic of Korea via such area shall report to the director of the quarantine station if the period specified in any of the subparagraphs of Article 17 (3) has not passed since the person departed from the area. |
| (2) | Procedures and methods for reporting 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. 13980, Feb. 3, 2016]
| Article 29-4 (Requests for Passenger Reservation Data) |
| (1) | The Minister of Health and Welfare may request an operator of a means of transport provided in Article 6 (hereinafter referred to as “forwarder”) to allow the perusal of passenger reservation data held by the forwarder via the information and communications network or to submit such passenger reservation data in writing (including an electronic document) without delay, if deemed necessary to perform the following functions: |
| 1. | To provide quarantine services for a person who enters, or is suspected of entering, the Republic of Korea, from or via, a country where a quarantinable infectious disease has broken out; |
| 2. | To provide quarantine services for a person who is, or is likely to be, infected with a quarantinable infectious disease when the person departs from or enters the Republic of Korea; |
| 3. | To conduct the quarantine inspection under Article 12; |
| 4. | To take measures for public health under Article 26. |
| (2) | A forwarder in receipt of a request made under paragraph (1) shall comply with the request unless good cause exists. |
| (3) | The scope of data that can be perused or submitted under paragraph (1) shall be limited to the following: |
| 1. | Name, nationality, date of birth, passport number, and booking reference; |
| 2. | Address and telephone number; |
| 3. | Number of the means of transport and time of arrival; |
| 4. | Time of reservation and time of check-in; |
| 5. | Boarding pass number, seat number, date of issue, and place of issue; |
| 6. | Travel route and travel agency; |
| 7. | Details about accompanying passengers, such as family or tourist group, their seat numbers; |
| (4) | Methods for keeping the passenger reservation data submitted under paragraph (1), the retention period and destruction of such data, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13980, Feb. 3, 2016]
| Article 29-5 (Cooperation from Related Agencies) |
In order to prevent and control a quarantinable infectious disease, the Minister of Health and Welfare may request the resident registration number, immigration records, baggage declaration, and financial information about a person who is, or is likely to be, infected with a quarantinable infectious disease, and other urgently necessary data and information prescribed by Presidential Decree, from the heads of the following central administrative agencies. In such cases, the head of a central administrative agency in receipt of such a request shall comply with the request except in the absence of good cause: <Amended by Act No. 14839, Jul. 26, 2017>
| 1. | The Minister of Justice; |
| 2. | The Minister of the Interior and Safety; |
| 3. | The Minister of Land, Infrastructure and Transport; |
| 4. | The Chairperson of the Financial Services Commission; |
| 5. | The Commissioner of the Korea Customs Service; |
| 6. | The head of a central administrative agency prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 13980, Feb. 3, 2016]
| Article 29-6 (Information and Training) |
| (1) | The manager of a facility, such as an airport defined under subparagraph 3 of Article 2 of the Airport Facilities Act or a harbor defined under subparagraph 1 of Article 2 of the Harbor Act, shall give information to the users of the facility about the locations of a contaminated area designated under Article 5 (1) and adjacent areas to the contaminated area designated under Article 5-2, the type of the quarantinable infectious disease that has broken out in the contaminated area and the preventive measures, measures to be taken when a person is infected or suspected of being infected with a quarantinable infectious disease and other matters, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 15266, Dec. 19, 2017> |
| (2) | If it is necessary to give information about a contaminated area designated under Article 5 (1) and adjacent areas to the contaminated area designated under Article 5-2 and training about the prevention of a quarantinable infectious disease, the director of the quarantine station may request a forwarder to give the crew and passengers information and training about the location of the contaminated area and adjacent areas to the contaminated area, the type of the quarantinable infectious disease that has broken out in the contaminated area and the preventive measures, measures to be taken when a person is infected or suspected of being infected with a quarantinable infectious disease and other matters. In such cases, the director of the quarantine station shall provide the forwarder with specific details about the information and training to give, and the forwarder in receipt of the request shall comply with such request unless good cause exists. <Amended by Act No. 15266, Dec. 19, 2017> |
[This Article Newly Inserted by Act No. 13980, Feb. 3, 2016]
CHAPTER III PUBLIC OFFICIALS IN CHARGE OF QUARANTINE
| Article 30 (Public Officials in Charge of Quarantine) |
| (1) | Every quarantine station shall have its director, quarantine officers, and other public officials (hereinafter referred to as "public officials in charge of quarantine") to assign them to perform duties provided for in this Act. |
| (2) | Necessary matters concerning qualifications of public officials in charge of quarantine shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| Article 31 (Authority of Public Officials in Charge of Quarantine) |
Public officials in charge of quarantine may have access to the means of transport subject to quarantine and other necessary places in order to perform duties provided for in this Act.
| Article 32 (Operation of Quarantine Ship, etc.) |
| (1) | The director of the quarantine station may operate a quarantine ship, quarantine vehicle, etc. in order to perform quarantine-related duties and necessary detailed matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Where it is necessary to take emergency quarantine measures, such as occurrence of patients, the director of the quarantine station may request the head of the relevant agency to provide a quarantine ship, etc. required for the performance of quarantine-related duties and the head of the relevant agency that receives such request shall comply with such request unless any extenuating circumstance exists. |
| Article 33 (Uniforms, etc. of Public Officials in Charge of Quarantine) |
| (1) | Public officials in charge of the quarantine shall wear their uniforms when they perform the duties provided for in this Act and carry with them their certificates indicating their authority and produce them to the persons concerned at their request. |
| (2) | Matters concerning uniforms of public officials in charge of the quarantine referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 34 (Collection of Fees) |
Where the director of the quarantine station takes a measure falling under either of the following subparagraphs, he/she may receive the fees prescribed by Ordinance of the Ministry of Health and Welfare from heads or owners of means of transport, owners or managers of cargo, passengers, crew members, etc.: <Amended by Act No. 9932, Jan. 18, 2010>
| 1. | Where he/she takes measures provided for in Article 15 (1) 3 through 5, 7, and 8; |
| 2. | Where he/she takes measures provided for in Articles 27 and 28 or issues a certificate with regard thereto. |
The Minister of Health and Welfare shall hold a hearing to revoke the designation of an institution designated for internationally certified vaccinations under Article 28-2. [This Article Newly Inserted by Act No. 12445, Mar. 18, 2014]
| Article 35 (Bearing of Expenses) |
Expenses incurred in isolation and supervision provided for in Articles 16 and 17 shall be borne by the State.
| Article 36 (Establishment and Operation of Disease-Control Organization) |
The Minister of Health and Welfare may establish and operate a disease-control organization assigned to render quarantine services and other services prescribed by other Acts, as prescribed by Presidential Decree, notwithstanding Articles 3 and 4 of the Government Organization Act. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 37 (Delegation of Authority) |
The authority of the Minister of Health and Welfare vested under this Act may be partially delegated to the head of an agency under his/her jurisdiction, as prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010>
| Article 38 (Prohibition against Divulgence of Confidential Information) |
No person who has performed or performs the duties related to quarantine, such as quarantine inspections, shall divulge confidential information of any third person that he/she becomes aware of in the course of performing the duties, such as conducting quarantine inspection under Article 12 and taking measures for public health under Article 26, building and operating the quarantine information system under Article 29-2, requesting passenger reservation data under Article 29-4 or requesting cooperation from related agencies under Article 29-5. <Amended by Act No. 13980, Feb. 3, 2016>
CHAPTER V PENALTY PROVISIONS
| Article 39 (Penalty Provisions) |
| (1) | Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: |
| 1. | The head of a means of transport, persons, or the owner or manager of cargo which arrives in or departs from the Republic of Korea without undergoing a quarantine inspection under Article 6 (1); |
| 2. | A person who refuses, obstructs, and evades a request for submission or production of documents provided for in Article 12 (3) or submits or produces any falsified document; |
| 3. | A person who fails to take measures ordered by the director of the quarantine station pursuant to Article 15 (1); |
| 4. | A person who fails to comply with the measure taken to isolate him/her pursuant to Articles 16 (1) and 17 (1); |
| 5. | A person who divulges any confidential information of other persons that he/she has learned in the course of performing business, in violation of Article 38. |
| (2) | Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five million won: |
| 1. | A person who fails to comply with an order for disinfection, etc., in violation of Article 15 (3) or who fails to receive the confirmation from the director of the quarantine station regarding the results of performance; |
| 2. | The head of a means of transport who refuses to follow the direction to sail back or move pursuant to Article 15 (4) or 23 (4); |
| 3. | A person who ships cargo used or kept in an isolation ward or temporary isolation facility, in violation of Article 18 therefrom without obtaining approval from the director of the quarantine station; |
| 4. | A person who fails to follow any of the measures, such as the prohibition of transfer pursuant to Article 19 (1). |
| Article 40 (Joint Penalty Provisions) |
If the representative of a juristic person, or an agent, employee, or any other employed person of a juristic person or individual violates Article 39 in connection with the business affairs of the juristic person or individual, such juristic person or individual shall be punished, and the juristic person or the individual shall also be punished by a fine under the relevant provisions: Provided, That the same shall not apply where the juristic person or individual is not negligent in paying due attention to or providing supervision of the relevant duties in order to prevent such violation.
| Article 41 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding ten million won: <Newly Inserted by Act No. 13980, Feb. 3, 2016> |
| 1. | A person who fails to report in violation of Article 29-3 or a person who falsely reports; |
| 2. | A person who fails to comply with a request for passenger reservation data made under Article 29-4 or a person who submits false passenger reservation data. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 13980, Feb. 3, 2016> |
| 1. | The head of a means of transport who fails to file a report pursuant to Article 8 (1) or files a false report; |
| 2. | The head of a means of transport who fails to notify of quarantine as provided for in Article 9; |
| 3. | A person who boards before undergoing a quarantine inspection, in violation of Article 13; |
| 4. | A person subject to isolation who has contact with any other person during the isolation period, in violation of Article 16 (5); |
| 5. | A person who fails to follow any of the public health measures provided for in Article 26; |
| 6. | A person who fails to follow any of the measures taken or directions given under Article 29 (1); |
| 7. | A person who fails to comply with a request without good cause, in violation of Article 29-6 (2). |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the director of the quarantine station, as prescribed by Presidential Decree. <Amended by Act No. 13980, Feb. 3, 2016> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measure concerning Disposition, etc.)
Any act performed by an administrative agency and any act performed in relation to an administrative agency pursuant to the previous provisions as at the time this Act enters into force shall be deemed any act performed by an administrative agency and any act performed in relation to an administrative agency pursuant to this Act.
Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of the penalty provisions or administrative fines to any act committed before this Act enters into force shall be governed by the previous provisions.
Article 4 Omitted.
Article 5 (Relationship to Other Statutes)
Where the previous Quarantine Act or its provisions are cited by other statutes as at the time this Act enters into force, the corresponding provisions of this Act, if any, shall be deemed to have been cited in lieu of the previous Quarantine Act or its provisions.
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: Provided, That Article 4 (24) of the Addenda shall enter into force on April 2, 2010, Article 4 (11) and (107) of the Addenda shall enter into force on December 30, 2010, and Articles 26 and 31 shall enter into force on January 1, 2011, respectively. Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11972, Jul. 30, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12445, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Institutions Designated for Internationally Certified Vaccinations)
Institutions designated as an internationally certified vaccination center under the Ordinance of the Ministry of Health and Welfare as at the time this Act enters into force shall be deemed designated as an internationally certified vaccination center under the amended provisions of Article 28-2.
ADDENDUM <Act No. 13980, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts which were promulgated before this Act enters into force but the enforcement dates of which have not yet arrived, among the Acts amended by Article 5 of the Addenda, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15266, Dec. 19, 2017>
This Act shall enter into force on the date of its promulgation.