ENFORCEMENT DECREE OF THE TUBERCULOSIS PREVENTION ACT
Wholly Amended by Presidential Decree No. 22667, Feb. 14, 2011
Amended by Presidential Decree No. 24077, Aug. 31, 2012
Presidential Decree No. 24264, Dec. 27, 2012
Presidential Decree No. 25514, Jul. 28, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 29802, jun. 4, 2019
The purpose of this Decree is to provide for matters delegated by the Tuberculosis Prevention Act and those necessary for the enforcement thereof.
| Articles 2 and 3 Deleted. <by Presidential Decree No. 25514, Jul. 28, 2014> |
| Article 4 (Procedures for Hospitalization or Quarantine Treatment) |
| (1) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or the Governor of the Special Self-Governing Province (hereinafter referred to as "the Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) issues an order for hospitalization or quarantine treatment pursuant to Article 15 (1) or 15-2 (1) of the Tuberculosis Prevention Act (hereinafter referred to as the “Act”), he/she shall notify the relevant tuberculosis patient or his/her guardian of the hospitalization order or quarantine treatment order in the attached Form, in writing, or by electronic document. |
| (2) | A tuberculosis patient in receipt of an order for hospitalization or quarantine treatment under Article 15 (1) or 15-2 (1) of the Act, shall enter a medical institution identified in the relevant hospitalization order or quarantine treatment order, to receive medical treatment thereat. |
[This Article Wholly Amended by Presidential Decree No. 25514, Jul. 28, 2014]
| Article 4-2 (Methods for Hospitalization or Quarantine Treatment) |
| (1) | A medical institution at which a tuberculosis patient is hospitalized or receives quarantine treatment pursuant to Article 15 (1) or 15-2 (1) of the Act shall take necessary measures for preventing any respiratory tract infection. |
[This Article Newly Inserted by Presidential Decree No. 25514, Jul. 28, 2014]
| Article 5 (Request, etc. for Livelihood Protection Measures by Tuberculosis Patients, etc.) |
| (1) | Any tuberculosis patient or his/her dependents who intends to benefit from measures for the protection of livelihood, such as the subsidization of expenses for the tuberculosis patient himself/herself or his/her dependents under Article 16 (1) of the Act (hereinafter referred to as “livelihood protection measures”) shall file an application therefor with the Mayor/Do Governor or the head of a Si/Gun/Gu as determined by the Minister of Health and Welfare. |
| (2) | Upon receiving an application for livelihood protection measures under paragraph (1), the Mayor/Do Governor or the head of a Si/Gun/Gu shall determine whether to implement livelihood protection measures after conducting an investigation prescribed in Article 16-2 of the Act. |
| (3) | Upon making a decision pursuant to paragraph (2), the Mayor/Do Governor or the head of a Si/Gun/Gu shall notify it in writing to the relevant tuberculosis patient who is hospitalized or receiving medical treatment or to his/her dependents, without delay. |
[This Article Wholly Amended by Presidential Decree No. 25514, Jul. 28, 2014]
| Article 5-2 (Implementation, etc. of Livelihood Protection Measures for Tuberculosis Patients, etc.) |
| (1) | The cases where it is deemed difficult for a tuberculosis patient himself/herself or his/her dependents to maintain their livelihood referred to in Article 16 (1) of the Act, shall be when it is deemed that the source of family income is lost as a result of an investigation conducted under Article 16-2 of the Act after a tuberculosis patient, who is the main earner of a family, is hospitalized pursuant to Article 15 (1) of the Act or becomes subject to quarantine treatment under Article 15-2 (1) of the Act. In such cases, the Minister of Health and Welfare shall determine the detailed methods for determining whether the source of family income has been lost and publicly notify them accordingly. |
| (3) | The Minister of Health and Welfare shall determine the methods for calculating an amount to subsidize for a livelihood protection measure in consideration of the number of family members, the amount of income that has been lost, and similar matters, and shall publicly notify them accordingly. |
[This Article Newly Inserted by Presidential Decree No. 25514, Jul. 28, 2014]
| Article 6 (Standards for Support for Tuberculosis Patients, etc., and Persons Infected with Latent-Tuberculosis) |
| (1) | In accordance with Article 20 of the Act, the Minister of Health and Welfare shall subsidize medical expenses incurred in the diagnosis, treatment, drug treatment, etc., of tuberculosis or latent-tuberculosis for tuberculosis patients and patients suspected of having tuberculosis (hereinafter referred to as “tuberculosis patients, etc.”) and persons infected with latent-tuberculosis. <Amended by Presidential Decree No. 25514, Jul. 28, 2014> |
| (2) | A period during which medical expenses shall be subsidized under paragraph (1) shall be until a complete recovery from tuberculosis is made or the treatment of latent-tuberculosis is completed, and a decision on the complete recovery from tuberculosis or the completion of latent-tuberculosis treatment shall be made based on the clinical opinions of a doctor who has treated tuberculosis patients, etc., or persons infected with latent-tuberculosis and the criteria determined by the Minister of Health and Welfare. <Amended by Presidential Decree No. 25514, Jul. 28, 2014> |
| (3) | Necessary matters concerning the support for tuberculosis patients, etc. and persons infected with latent-tuberculosis pursuant to paragraph (1), including the detailed items of medical expenses subsidized and the procedures for subsidy payment, shall be determined by the Minister of Health and Welfare and notified to the public. <Amended by Presidential Decree No. 25514, Jul. 28, 2014> |
| Article 7 (Matters to be Entered in Articles of Incorporation and other Relevant Matters) |
| (1) | The matters to be entered in the articles of incorporation of the Korean National Tuberculosis Association (hereinafter referred to as the “Association”) incorporated under Article 21 of the Act in accordance with Article 22 of the Act shall be as follows: |
| 4. | Matters regarding the qualifications for membership and disciplinary action against members; |
| 5. | Matters regarding executive officers; |
| 6. | Matters regarding general meetings and the board of directors; |
| 7. | Matters regarding assets or accounting; |
| 8. | Matters regarding the amendment of the articles of incorporation; |
| 9. | Matters regarding dissolution; |
| 10. | Matters related to the organizational structure, including research institutions and branch offices; |
| 11. | Other important matters regarding the operation of the Association. |
| (2) | In accordance with Article 22 of the Act, the Association shall submit its business plan and revenue/expenditure budget plan for the following year to the Minister of Health and Welfare by October 31 each year, and when it makes any amendment thereof, the amended business plan and revenue/expenditure budget plan shall be submitted to the Minister of Health and Welfare as well. |
| Article 8 (Application for Fundraising Activities) |
| (1) | Where the Association intends to obtain permission for Christmas seal fundraising or other fundraising activities under Article 25 (1) of the Act, it shall prepare and submit the following documents to the Minister of Health and Welfare two months before the commencement date of the relevant fundraising activities: |
| 2. | Details of estimated fundraising costs and methods for securing the amount. |
| (2) | The fundraising plan referred to in paragraph (1) 1 shall include the following matters: |
| 1. | Objectives of fundraising, and a plan for appropriating funds raised; |
| 2. | Target areas of fundraising; |
| 3. | Method of fundraising; |
| 4. | Period of fundraising; |
| 5. | Total amount of funds expected to be raised. |
| Article 9 (Corporations Required to Cooperate in Fundraising) |
“Corporation prescribed by Presidential Decree” referred to in Article 25 (3) of the Act means any of the following corporations: | 2. | Special corporations established under a Special Act; |
| 3. | Corporations designated by the Minister of Health and Welfare from among non-profit corporations. |
| Article 10 (Use of Funds) |
No funds shall be used for any purpose other than those specified in the subparagraphs of Article 5 (2) of the Act: Provided, That when approved by the Minister of Health and Welfare, up to 5/100 of the amount of funds raised may be appropriated to cover fundraising expenses.
| Article 11 (Report on Actual Results of Fundraising) |
| (1) | When the period of fundraising ends or when the activities for fundraising are completed, the Association shall submit a report on the actual results of fundraising to the Minister of Health and Welfare pursuant to Article 25 (4) of the Act without delay. |
| (2) | Upon completing its fundraising project, the Association shall submit a report on final accounts for a relevant project to the Minister of Health and Welfare within two months from the completion date of the project, and disclose the following matters via Internet websites, etc.: |
| 1. | Total amount of funds raised; |
| 2. | Details of the use of funds raised. |
| Article 12 (Subsidies Granted by State and City/Do) |
| (1) | In accordance with Article 27 (2) of the Act, the Special Metropolitan City, a Metropolitan City, or a Do (hereinafter referred to as the "City/Do") shall subsidize 2/3 of the expenses borne by a relevant Si, Gun, or Gu (referring to an autonomous Gu) pursuant to Article 26 of the Act: Provided That, the expenses prescribed in subparagraph 1 of Article 26 of the Act shall be fully subsidized by a relevant City/Do. |
| Article 13 (Entrustment of Duties) |
| (1) | In accordance with Article 30 (2) of the Act, the Minister of Health and Welfare or the head of a local government may entrust its duties according to the following classifications to the Association, the National Health Insurance Corporation, and the Health Insurance Review and Assessment Service under Articles 13 and 62 of the National Health Insurance Act, or a non-profit corporation equipped with professional workforce and capacity for the control of tuberculosis: |
| 1. | Duties that may be entrusted by the Minister of Health and Welfare: the following duties: |
| (c) | Collection, analysis, and provision of information on the outbreak of tuberculosis, the actual status, etc. of control of tuberculosis under Article 7 (1) 6 of the Act; |
| 2. | Duties that may be entrusted by the head of a local government: duties related to education, publicity, investigation, research, diagnosis, and treatment, among those specified in Article 3 (1) of the Act which include the prevention of tuberculosis, the early detection and appropriate medical treatment of tuberculosis patients, the investigation, research, etc., for the eradication of tuberculosis, etc. |
| (2) | Where the Minister of Health and Welfare or the head of a local government entrusts duties under paragraph (1), he/she shall give public notice of those to be entrusted with duties, the duties to be entrusted, etc. |
[This Article Wholly Amended by Presidential Decree No. 25514, Jul. 28, 2014]
| Article 14 (Management of Sensitive Information and Personally Identifiable Information) |
Where it is inevitable for conducting the following duties, the Minister of Health and Welfare (when duties are entrusted by Minister of Health and Welfare under Article 13, referring to the head of an institution entrusted with the duties) and the head of a local government may process data which include information on health prescribed in Article 23 of the Personal Information Protection Act, and resident registration numbers, passport numbers, and alien registration numbers under subparagraphs 1, 2, and 4 of Article 19 of the Enforcement Decree of the same Act: <Amended by Presidential Decree No. 25514, Jul. 28, 2014> | 1. | Duties related to the operation of the tuberculosis control projects and the establishment and operation of an integrated tuberculosis control system under Article 7 of the Act; |
| 3. | Duties related to epidemiological investigations, and the examination and treatment of tuberculosis under Article 10 of the Act; |
| 4. | Duties related to tuberculosis examinations for employees of medical institutions under Article 11 of the Act; |
| 10. | Duties related to the management of persons having made physical contact with a contagious tuberculosis patient under Article 19 of the Act; |
| 11. | Duties related to support for tuberculosis patients, etc. and persons infected with latent-tuberculosis under Article 20 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 24264, Dec. 27, 2012]
| Article 15 (Re-Examination of Regulation) |
The Minister of Health and Welfare shall examine the propriety of the restriction on the use of funds under Article 10 and the report on the actual results of fundraising under Article 11 (2) every second year (referring to the period that ends on the day before January 1 of every second year) from the base date of January 1, 2015 and take measures for improvement, etc. [This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
| Article 16 (Criteria for Imposing Administrative Fines) |
[This Article Newly Inserted by Presidential Decree No. 29802, Jun. 4, 2019]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 24264, Dec. 27, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25514, Jul. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 29, 2014.
Article 2 (Transitional Measures concerning Application for Livelihood Protection Measures)
Notwithstanding the amended provisions of Article 5, the previous provisions shall apply to persons who apply for livelihood protection measures under the former provisions of Article 5 before this Decree enters into force.
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. 29802, Jun. 4, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 12, 2019.
Article 2 (Transitional Measures concerning Criteria for Imposing Administrative Fines)
Dispositions of imposing administrative fines for violations committed before this Decree enters into force shall not be counted in the number of violations under the amended provisions of the attached Table.