Law Viewer

Back Home

ENFORCEMENT DECREE OF THE QUARANTINE ACT

Wholly Amended by Presidential Decree No. 22565, Dec. 29, 2010

Amended by Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 25600, Sep. 11, 2014

Presidential Decree No. 27430, Aug. 2, 2016

Presidential Decree No. 28150, jun. 27, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Quarantine Act and matters necessary for the enforcement of the said Act.
 Article 2 (Management of Passenger Reservation Data)
(1) Upon receipt of passenger reservation data submitted under Article 29-4 (1) of the Quarantine Act (hereinafter referred to as the “Act”), the Minister of Health and Welfare shall take the following measures:
1. To specify a person who can access the passenger reservation data and his/her access authority;
2. To place a physical lock on the passenger reservation data (referring to installing a security program if such passenger reservation data exists in electronic form).
(2) The Minister of Health and Welfare shall retain passenger reservation data submitted under Article 29-4 (1) of the Act for two months from the date of submission of the passenger reservation data.
(3) Upon expiration of the retention period of passenger reservation data prescribed under paragraph (2), the Minister of Health and Welfare shall destroy the passenger reservation data by either of the following means within seven days from expiration of the retention period:
1. To permanently delete such passenger reservation data by an irrecoverable or unrestorable means, if such data exists in electronic form;
2. To shred or incinerate such passenger reservation data, if it is in any form other than the form referred to in subparagraph 1.
[This Article Newly Inserted by Presidential Decree No. 27430, Aug. 2, 2016]
 Article 2-2 (Cooperation from Related Agencies)
(1) “Data and information prescribed by Presidential Decree” in the forepart of Article 29-5 of the Act means the following data and information: <Amended by Presidential Decree No. 28150, Jun. 27, 2017>
1. Information about the entry inspection of an alien under Article 12 (1) of the Immigration Act and alien registration information under Article 32 of the same Act;
2. Information about the place of residence in the Republic of Korea reported by a foreign nationality Korean under Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans;
3. Information about the resident registration number issued under Article 7-2 (1) of the Resident Registration Act and address reported under Article 10 (1) or 10-2 (1) of the same Act;
4. Personal effects or consignments referred to in Article 241 (2) 1 of the Customs Act;
5. Descriptions in a passport referred to in Article 7 (1) of the Passport Act.
(2) “Head of a central administrative agency prescribed by Presidential Decree” in subparagraph 6 of Article 29-5 of the Act means the Minister of Foreign Affairs.
[This Article Newly Inserted by Presidential Decree No. 27430, Aug. 2, 2016]
 Article 2-3 (Delegation of Authority)
The Minister of Health and Welfare shall delegate his/her authority over the following affairs to the Director of the Korea Centers for Disease Control and Prevention pursuant to Article 37 of the Act: <Amended by Presidential Decree No. 25600, Sep. 11, 2014; Presidential Decree No. 27430, Aug. 2, 2016>
1. Designation and cancellation of designation of a contaminated area under Article 5 of the Act;
1-2. Selection, cancellation and control of adjacent areas to a contaminated area under Article 5-2 of the Act;
1-3. Quarantine measures for a person who has stayed at, or travelled via, an adjacent area to a contaminated area designated under Article 5-2 of the Act;
2. Request to prohibit or suspend entry into and departure from the Republic of Korea under Article 24 of the Act;
3. Designation of an internationally certified vaccination institution, public announcement of designation, and revocation of designation under Article 28-2 of the Act;
3-2. Building and operation of the quarantine information system under Article 29-2 (1) and (2) of the Act;
3-3. Requests for perusal and submission of passenger reservation data, and management thereof under Article 29-4 (1) and (4) of the Act;
3-4. Requests for data and information, and management thereof under Article 29-5 of the Act;
4. Hearings under Article 34-2 of the Act.
 Article 2-4 (Management of Sensitive Information and Personally Identifiable Information)
The Minister of Health and Welfare (including the person to whom the authority of the Minister of Health and Welfare is delegated under Article 37 of the Act) and the director of a quarantine station may manage information on health pursuant to Article 23 of the Personal Information Protection Act and data containing resident registration numbers, passport numbers, or alien registration numbers pursuant to subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the same Act, if it is inevitable for conducting the following affairs: <Amended by Presidential Decree No. 27430, Aug. 2, 2016>
1. Affairs concerning quarantine measures for a person who has stayed at, or travelled via, an adjacent area to a contaminated area designated under Article 5-2 of the Act;
1-2. Affairs concerning quarantine inspections under Article 12 of the Act;
2. Affairs concerning quarantine measures under Article 15 of the Act;
3. Affairs concerning the measures taken to prevent infectious diseases other than quarantinable infectious diseases under Article 20 of the Act;
4. Affairs concerning the shipment and inspection of a dead body, etc. under Article 25 of the Act;
5. Affairs concerning the measures for public health under Article 26 of the Act;
6. Affairs concerning the requests for the issuance of certificates, etc. and the issuance thereof under Article 28 of the Act;
7. Affairs concerning the management of health and sanitation in quarantine areas under Article 29 of the Act;
8. Affairs concerning reporting by a person who has stayed at, or travelled via, a contaminated area under Article 29-3 of the Act;
9. Affairs concerning requests for perusal or submission of passenger reservation data and management thereof under Article 29-4 of the Act;
10. Affairs concerning requests for data and information and management thereof under Article 29-5 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 3 (Guidelines for Imposition of Administrative Fines)
The guidelines for imposition of administrative fines under Article 41 of the Act shall be as provided in the attached Table.
[This Article Wholly Amended by Presidential Decree No. 27430, Aug. 2, 2016]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010.
Article 2 (Transitional Measures concerning Administrative Fines)
The application of the provisions of administrative fines to acts committed before this Decree enters into force, the previous provisions shall govern.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25600, Sep. 11, 2014>
This Decree shall enter into force on September 19, 2014.
ADDENDA <Presidential Decree No. 27430, Aug. 2, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2016.
Article 2 (Transitional Measures concerning Administrative Fines)
The imposition of administrative fines for violations committed before this Decree enters into force shall be subject to the previous provisions, notwithstanding Article 3 and subparagraph 1 of the attached Table.
ADDENDA <Presidential Decree No. 28150, Jun. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2017: Provided, That the amended provisions of Article 3 of the Addenda shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.