ENFORCEMENT DECREE OF THE SCHOOL HEALTH ACT
Wholly Amended by Presidential Decree No. 20949, Aug. 4, 2008
Amended by Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22232, jun. 29, 2010
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 23718, Apr. 10, 2012
Presidential Decree No. 23928, Jul. 4, 2012
Presidential Decree No. 24026, Aug. 13, 2012
Presidential Decree No. 24423, Mar. 23, 2013
Presidential Decree No. 24666, Jul. 22, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25255, Mar. 18, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26571, Oct. 6, 2015
Presidential Decree No. 26855, Dec. 31, 2015
Presidential Decree No. 27457, Aug. 29, 2016
Presidential Decree No. 27831, Feb. 3, 2017
Presidential Decree No. 29859, jun. 18, 2019
Presidential Decree No. 29950, Jul. 2, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the School Health Act and matters necessary for enforcing said Act.
| Article 2 (Standards for Installation of Health Room) |
| (1) | Standards for the installation of a health room under Article 3 of the School Health Act (hereinafter referred to as the "Act") shall be as follows: <Amended by Presidential Decree No. 24026, Aug. 13, 2012; Presidential Decree No. 24423, Mar. 23, 2013> |
| 1. | Location: It shall be located in a place that is readily accessible to students and teachers and staff, who can swiftly receive emergency treatment, etc., and that is well-ventilated and well-lighted; |
| 2. | Area: It shall be at least 66 square meters: Provided, That the Minister of Education (applicable only to universities and colleges under Article 1 of the Regulations for the Establishment and Operation of Universities and Colleges) or the superintendent of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or of a Special Self-Governing Province (hereinafter referred to as "City/Do") (applicable only to schools under Article 2 of the Regulations for the Establishment and Operation of Schools of the Grades not Higher than High Schools) may relax requirements for such area to the extent that they do not undermine efforts by students and teachers and staff to maintain their health, taking the number of students, etc., into consideration. |
| (2) | A health room under paragraph (1) shall be furnished with the following facilities, appliances, and goods required for school health: <Amended by Presidential Decree No. 29859, Jun. 18, 2019> |
| 1. | Facilities, appliances, and goods required for the health care, emergency treatment, etc., of students and teachers and staff; |
| 2. | Appliances required for the inspection of environmental sanitation and food sanitation in schools. |
CHAPTER II RESPONSE TO AIR POLLUTION
| Article 3 (Preparation of Air Pollution Response Manual) |
| 1. | Matters regarding work systems to respond to air pollution and roles played by each relevant institution; |
| 2. | Matters regarding guidelines for disseminating information at each stage of response; |
| 3. | Matters regarding the inspection of conditions for outdoor classes and corresponding measures at each stage of response; |
| 4. | Matters regarding measures to control indoor air quality at each stage of response; |
| 5. | Other matters deemed necessary by the Minster of Education to respond to air pollution. |
| (2) | The Minister of Education may distribute an air pollution response manual prepared pursuant to Article 5 (1) of the Act in electronic or printed form. |
| (3) | Detailed guide to action for students and teachers and staff under Article 5 (3) of the Act (hereafter in this Article referred to as “detailed guide to action”) shall include the following: |
| 1. | Matters regarding the designation of teachers and staff in charge of responding to air pollution; |
| 2. | Matters regarding the implementation of safety measures at each stage of response, such as the adjustment of school commuting time, shortening of school hours, and management of ill persons; |
| 3. | Matters regarding guidelines for disseminating information at each stage of response, such as the maintenance of teachers and staff’s emergency contacts and the establishment of a system to contact students and their parents; |
| 4. | Matters regarding the inspection of conditions for outdoor classes and corresponding measures at each stage of response, such as the replacement of outdoor classes like physical activities, field-based learning, and school sports day for indoor classes; |
| 5. | Matters regarding the control of indoor air quality at each stage of response, such as the operation of air purification installations, ventilation guidelines, and cleaning; |
| 6. | Other matters deemed necessary by the head of a school to respond to air pollution, in consideration of the school conditions, etc. |
[This Article Newly Inserted by Presidential Decree No. 29859, Jun. 18, 2019]
| Articles 4 through 8 Deleted. <by Presidential Decree No. 27831, Feb. 3, 2017> |
CHAPTER III (Articles 9 through 12) Deleted.
CHAPTER IV (Articles 13 through 19) Deleted.
CHAPTER V (Articles 20 and 21) Deleted.
CHAPTER VI ASSIGNMENT OF SCHOOL PHYSICIANS AND SCHOOL HEALTH COMMITTEE
| Article 22 (Suspension from School) |
| (1) | The head of a school may issue orders requiring any of the following persons, from among the students and teachers and staff under Article 8 of the Act, to be suspended from school: <Amended by Presidential Decree No. 22564, Dec. 29, 2010; Presidential Decree No. 27457, Aug. 29, 2016> |
| 1. | Patients with infectious diseases, suspected cases of infectious diseases, and carriers of pathogens (hereinafter referred to as “patients with infectious diseases, etc.”) under Article 2 of the Infectious Disease Control and Prevention Act: Provided, That persons diagnosed by a physician as unlikely to infect others shall be excluded herefrom; |
| 2. | Patients, other than those referred to in subparagraph 1, who are diagnosed by a physician to be infected with highly infectious diseases. |
| (2) | When the head of a school orders them to be suspended from school pursuant to paragraph (1), he or she shall clarify the reasons for such order and the effective period thereof: Provided, That if deemed necessary based on symptoms of a disease or aspects of the prevalence of a disease, he or she may reduce or extend such period. |
| Article 22-2 (Formulation of Plan for Prevention of Infectious Diseases) |
| (1) | "Matters that are prescribed by Presidential Decree" in Article 14-3 (1) 4 of the Act means any of the following: <Amended by Presidential Decree No. 29950, Jul. 2, 2019> |
| 1. | Matters regarding education necessary for the prevention and control of infectious diseases; |
| 2. | Matters regarding training for real-life situations such as virtual practice to enhance the ability to respond to infectious diseases; |
| 3. | Matters regarding storing articles and setting up facilities necessary for the prevention of infectious diseases; |
| 4. | Other matters deemed necessary by the Minister of Education for the prevention and control of infectious diseases. |
| 1. | Names of infectious diseases; |
| 2. | Status of outbreak of infectious diseases and how they enter the country; |
| 3. | Date of occurrence in patients with infectious diseases (limited to students and teachers and staff), date of diagnosis, travel route, means of transportation, and status of contacts of patients with infectious diseases, etc. (limited to students and teachers and staff); |
| 4. | Other information deemed necessary for the prevention of the outbreaks of infectious diseases and of the spread thereof by the Minister of Education or the Minister of Health and Welfare. |
[This Article Newly Inserted by Presidential Decree No. 27457, Aug. 29, 2016]
| Article 22-3 (Preparation and Distribution of Infectious Disease Response Manual) |
| (1) | A response manual by type of infectious diseases which shall be prepared and distributed under Article 14-4 (1) of the Act (hereinafter referred to as “infectious disease response manual”) shall include the following matters: |
| 1. | Matters regarding behavioral know-how of students and teachers and staff by type of infectious diseases; |
| 2. | Matters regarding measures by stage of prevention, preparedness, response, and restoration by type of infectious diseases; |
| (2) | Where the Minister of Education distributes the infectious disease response manual, he or she may distribute it in electronic or printed form. |
| (3) | Where the superintendent of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or of a Special Self-Governing Province (hereinafter referred to as “superintendent of education”) and the head of a school promotes business regarding measures of prevention of, preparation for, response to and restoration from infectious diseases, he or she shall utilize the infectious disease response manual. <Amended by Presidential Decree No. 27831, Feb. 3, 2017> |
| (4) | The superintendent of education and the head of a school may add details to or complement the infectious disease response manual reflecting characteristics of each region or school. |
[This Article Newly Inserted by Presidential Decree No. 27457, Aug. 29, 2016]
| Article 23 (School Physicians, School Pharmacists, and Health Teachers) |
| (1) | Each school shall employ a school physician (including a dentist and a herb doctor; hereinafter the same shall apply), a school pharmacist, and a health teacher as follows pursuant to Article 15 of the Act: |
| 1. | Any elementary school which has at least 18 classes shall employ one school physician, one school pharmacist, and one health teacher, and any elementary school which has less than 18 classes may employ either school physician or school pharmacist, and one health teacher; |
| 2. | Any middle school or high school which has at least nine classes shall employ one school physician, one school pharmacist, and one health teacher, and any middle school or high school which has less than nine classes shall employ either school physician or school pharmacist, and one health teacher; |
| 3. | Any university (referring to a college in cases of a university which has at least three colleges), college of education, teachers' college, or junior college shall employ one school physician and one school pharmacist; |
| 4. | Any high technical school, citizenship training school, citizenship training high school, special school, kindergarten, and schools of various kinds shall employ a school physician, a school pharmacist, and a health teacher corresponding to the relevant school prescribed in subparagraphs 1 through 3. |
| (2) | A school physician and a school pharmacist under paragraph (1) shall be appointed by the head of a school from among those who hold the relevant licenses. |
| (3) | Duties of a health teacher, a school physician, and a school pharmacist under paragraph (1) shall be as follows: |
| 1. | Duties of a health teacher: |
| (a) | Formulation of school health plans; |
| (b) | Matters concerning the maintenance, control, and improvement of environmental sanitation in schools; |
| (c) | Cooperation in preparing for and conducting health examinations of students and teachers and staff; |
| (d) | Precautionary measures against all diseases and guidance on health; |
| (e) | Cooperation in the health observation of students and teachers and staff, the health consultation and health appraisals, etc., by a school physician; |
| (f) | Health guidance for feeble-bodied students; |
| (g) | Visit to students' homes for health guidance; |
| (h) | Cooperation in health education of teachers and health education when necessary; |
| (i) | Management of facilities, equipment and medicines, etc., in a health room; |
| (j) | Collection and management of health education materials; |
| (k) | Administration of students' health records; |
| (l) | Medical treatments as follows (only applicable to persons holding a nursing license): |
| (i) | Medical treatment of patients with an external wound, etc., which is a case usually seen; |
| (ii) | First-aid treatment of those who need emergency treatment; |
| (iii) | Medical treatment to prevent recurrence of a wound or disease; |
| (iv) | Medical care guidance for and management of patients found to have diseases in health examinations; |
| (v) | Medication according to medical treatment referred to in subitems (i) through (iv); |
| (m) | Other matters concerning school health administration; |
| 2. | Duties of a school physician: |
| (a) | Advice on the formulation of school health plans; |
| (b) | Advice on the maintenance, control, and improvement of environmental sanitation in schools; |
| (c) | Health examinations and health appraisal of students and teachers and staff; |
| (d) | Precautionary measures against all diseases and health guidance; |
| (e) | Health consultations for students and teachers and staff; |
| (f) | Other guidance on school health administration; |
| 3. | Duties of a school pharmacist: |
| (a) | Advice on the formulation of school health plans; |
| (b) | Advice on the maintenance, control, and improvement of environmental sanitation in schools; |
| (c) | Advice on the management of medical supplies and toxic chemicals used in school; |
| (d) | Tests and inspection of medical supplies and toxic chemicals used in school; |
| (e) | Other guidance on school health administration. |
| Article 24 (Functions of Health Committee) |
| (1) | Deleted. <by Presidential Decree No. 24026, Aug. 13, 2012> |
| (2) | A City/Do School Health Committee under Article 17 (1) of the Act (hereinafter referred to as the "Health Committee") shall deliberate on the following matters: <Amended by Presidential Decree No. 24026, Aug. 13, 2012> |
| 1. | The medium- and long-term basic plan for a City/Do to improve the health of students and teachers and staff; |
| 2. | Proposals for the enactment of or amendment to ordinances of a City/Do or educational regulations related to school health; |
| 3. | Matters concerning school health policies, etc., submitted to a meeting by the superintendent of education; |
| 4. | Deleted. <by Presidential Decree No. 27831, Feb. 3, 2017> |
| Article 25 (Organization of Health Committee) |
| (1) | The Health Committee shall have one chairperson and one vice-chairperson, who shall be elected from among and by its members, respectively. <Amended by Presidential Decree No. 24026, Aug. 13, 2012> |
| (2) | Deleted. <by Presidential Decree No. 24026, Aug. 13, 2012> |
| (3) | The superintendent of education shall appoint or commission members of the Health Committee from among public officials at the director-general level of the relevant Office of Education or persons who have knowledge of or experience in school health. <Amended by Presidential Decree No. 24026, Aug. 13, 2012> |
| (4) | Each member commissioned pursuant to paragraph (3) shall hold office for a term of two years and may be appointed consecutively: Provided, That the term of office of a member filling a vacancy shall be the remainder of his or her predecessor’s term of office. <Amended by Presidential Decree No. 24026, Aug. 13, 2012> |
| Article 26 (Duties of Chairperson) |
| (1) | The chairperson of the Health Committee shall represent the Health Committee and exercise general supervision over the affairs concerning meetings of the committee. |
| (2) | When the chairperson is unable to perform his or her duties due to any unavoidable reason, the vice-chairperson shall act on behalf of the chairperson. |
| (1) | The chairperson of the Health Committee shall convene and preside over meetings of the committee in any of the following cases: <Amended by Presidential Decree No. 24026, Aug. 13, 2012> |
| 1. | Cases where the superintendent of education requests him or her to convene a meeting; |
| 2. | Cases where at least 1/3 of the members requests him or her to convene a meeting; |
| 3. | Other cases deemed necessary by the chairperson in order to deliberate on the matters for the protection and improvement of the health of students and teachers and staff. |
| (2) | A majority of the members of the Health Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| Article 28 (Subcommittees) |
| (1) | Subcommittees by special field may be established in the Health Committee. |
| (2) | Each subcommittee shall deliberate on matters delegated by the Health Committee among the matters to be deliberated by the Health Committee. |
| (3) | The superintendent of education shall determine the assignment of the members of the Health Committee to each subcommittee. <Amended by Presidential Decree No. 24026, Aug. 13, 2012> |
| (4) | Each subcommittee shall have one chairperson, each of whom shall be elected from among its members. |
| (5) | Article 27 shall apply mutatis mutandis to subcommittee meetings. |
| Article 29 (Executive Secretary and Clerk) |
| (1) | The Health Committee shall have one executive secretary and several clerks. |
| (2) | The executive secretary and clerks of the Health Committee shall be appointed by the superintendent of education from among public officials under his or her control. <Amended by Presidential Decree No. 24026, Aug. 13, 2012> |
| (3) | The executive secretary shall perform the administrative affairs of the Committee upon instruction of the chairperson, and clerks shall assist the executive secretary. |
| Article 30 (Request for Cooperation) |
The Minister of Education or the superintendent of education may request any non-profit corporation related to health sanitation in schools, non-profit medical institution, or national or public health and medical institution to render cooperation necessary to protect and improve the health of students and teachers and staff. <Amended by Presidential Decree No. 24423, Mar. 23, 2013>
| Article 31 (Hearing Opinions of Experts) |
| (1) | The Health Committee and subcommittees may, if necessary, hear the opinions of relevant experts. |
| (2) | The Health Committee and subcommittees may, if necessary, request the relevant public official to present the relevant materials or to attend a meeting to answer questions, and the relevant public official shall comply with the request of the Protection Committee or subcommittees without a compelling reason not to do so. |
[This Article Wholly Amended by Presidential Decree No. 27831, Feb. 3, 2017]
| Article 31-2 (Allowances and Travel Expenses) |
Allowances, travel expenses, and other necessary expenses may be paid to members of the committee or the relevant experts, etc., attending a meeting of the Health Committee within the budget: Provided, That this shall not apply where a public official attends a committee meeting in direct connection with his or her affairs.
[This Article Newly Inserted by Presidential Decree No. 27831, Feb. 3, 2017]
| Article 31-3 (Operating Rules) |
Except as provided in this Decree, matters necessary for the operation of the Health Committee and subcommittees shall be determined by the chairperson after a resolution of the Health Committee.
[This Article Newly Inserted by Presidential Decree No. 27831, Feb. 3, 2017]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 32 Deleted. <by Presidential Decree No. 27831, Feb. 3, 2017> |
| Article 32-2 (Management of Sensitive Information and Personally Identifiable Information) |
| (3) | When unavoidable to perform affairs concerning vaccinations against infectious diseases under Article 14-2 of the Act, the head of a Si/Gun/Gu (referring to the head of an autonomous Gu, including a person delegated or entrusted with the relevant authority, where the authority of the head of the Si/Gun or the head of the autonomous Gu has been delegated or entrusted) may manage information on health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act. <Amended by Presidential Decree No. 27457, Aug. 29, 2016; Amended by Presidential Decree No. 27831, Feb. 3, 2017> |
[This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
| Article 33 (Re-Examination of Regulation) |
The Minister of Education shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
| 1. | Standards for the installation of a health toom and standards for equipment and apparatuses required in a health room under Article 2: January 1, 2016; |
| 2. | Standards for the placement of, qualifications and duties of school physicians, school pharmacists, and health teachers under Article 23: January 1, 2014. |
[This Article Wholly Amended by Presidential Decree No. 27831, Feb. 3, 2017]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2008.
Article 2 (Transitional Measures concerning Existing Facilities)
Facilities approved by the superintendent of education or any person designated by him or her pursuant to the following before this Decree enters into force shall be deemed facilities approved by the superintendent of education or any person designated by him or her pursuant to the proviso of Article 6 (1) of the Act following deliberation by the Cleanup Committee in accordance with this Decree:
Article 3 (Relationship to Other Statutes or Regulations)
Where the provisions of the Enforcement Decree of the School Health Act are cited in other statutes as at the time this Decree enters into force, if the provisions corresponding thereto exist in this Decree, the corresponding provisions in this Decree shall be deemed to have been cited in place of the previous provisions.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22232, Jun. 29, 2010>
This Decree shall enter into force on September 1, 2010.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23718, Apr. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 15, 2012. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 23928, Jul. 4, 2012>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24026, Aug. 13, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 7 and 7-2 shall enter into force three months after the date of its promulgation. Articles 2 (Applicability to Term of Office of Members of the Cleanup Committee)
| (1) | The amended provisions of Article 7-2 shall apply to a person who is commissioned as a member of the Cleanup Committee (including the renewal of his or her term of office) after this Decree enters into force. |
| (2) | Where the amended provisions of Article 7-2 are applied pursuant to paragraph (1), a member who is in the midst of his or her first term of office after being commissioned before this Decree enters into force may be eligible for the renewal of his or her term of office once after the completion of such first term of office, and no member who is in the midst of his or her term of office after renewal thereof at least once before this Decree enters into force shall be eligible for the renewal thereof after the completion of such renewed term of office. |
ADDENDA <Presidential Decree No. 24423, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24666, Jul. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 (Applicability to Ommission of Some Details of Assessment Report)
The amended provisions of Articles 9 (2) and 10 (3) shall begin to apply from the first case where the selector of a school site submits the assessment report to the superintendent of education after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25255, Mar. 18, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Existing Facilities)
Any facility established in the school environmental sanitation and cleanup zones before this Decree enters into force, which is the facility for providing multiple types of visual materials under the amended provisions of subparagraph 6 of Article 6, shall be transferred or closed before February 28, 2019: Provided, That, facilities recognized by the superintendent of education or any person to whom the superintendent delegates his or her authority under the proviso of Article 6 (1) of the Act, shall be excluded herefrom.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26571, Oct. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Ommission of Review of Assessment Report)
The amendment of the proviso of Article 10 (3) shall also apply where the procedures related to the approval under Article 6-2 (2) of the Act are being conducted as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 26855, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27457, Aug. 29, 2016>
This Decree shall enter into force on September 3, 2016.
ADDENDUM <Presidential Decree No. 27831, Feb. 3, 2017>
This Decree shall enter into force on February 4, 2017.
ADDENDUM <Presidential Decree No. 29859, Jun. 18, 2019>
This Decree shall enter into force on June 19, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)