TUBERCULOSIS PREVENTION ACT
Wholly Amended by Act No. 9963, Jan. 25, 2010
Amended by Act No. 12358, Jan. 28, 2014
Act No. 13323, May 18, 2015
Act No. 13981, Feb. 3, 2016
Act No. 15534, Mar. 27, 2018
Act No. 15871, Dec. 11, 2018
Act No. 16726, Dec. 3, 2019
Act No. 17472, Aug. 11, 2020
The purpose of this Act is to prevent personal and social harm resulting from tuberculosis, by preventing tuberculosis and providing tuberculosis patients with appropriate medical treatment, and thus contribute to the improvement of citizens' health.
The terms used in this Act are defined as follows:
| 1. | The term "tuberculosis" means the disease caused by tuberculosis bacteria; |
| 2. | The term "tuberculosis patient" means a person showing clinical symptoms due to infection with tuberculosis bacteria and who has tested positive in an examination of tuberculosis bacteria; |
| 3. | The term "pseudo-tuberculosis patient" means a person who has not been tested positive in an examination of tuberculosis bacteria although he or she is diagnosed as having tuberculosis in view of clinical, radiological, or histological examinations; |
| 4. | The term "contagious tuberculosis patient" means a tuberculosis patient who is tested positive in an examination of his or her expectoration for tuberculosis bacteria, and could infect any third person; |
| 5. | The term "person infected with latent tuberculosis" means a person who shows no signs of tuberculosis in clinical, radiological, or histological examinations and is tested negative in the examination of tuberculosis bacteria although he or she is infected with tuberculosis, and thus tested positive in an examination of tuberculosis infection. |
| Article 3 (Duties of State, Local Governments, and Medical Doctors) |
| (1) | The State and each local government shall conduct investigations, research, etc. for preventing tuberculosis, detecting tuberculosis patients early and providing them with appropriate medical treatment, and eradicating tuberculosis (hereinafter referred to as "tuberculosis control affairs"). |
| (2) | The heads of the medical institutions referred to in Article 3 of the Medical Service Act (hereinafter referred to as "medical institutions"), medical doctors, and other persons engaging in medical services shall cooperate in tuberculosis control affairs performed by the State and each local government. |
| Article 4 (Tuberculosis Prevention Day) |
| (1) | March 24 of each year shall be designated as Tuberculosis Prevention Day to signify the prevention and control of tuberculosis widely known and to elevate the awareness of tuberculosis. |
| (2) | The State and each local government may conduct events, education, and publicity projects aligning with the purport of Tuberculosis Prevention Day. |
| Article 5 (Formulation and Implementation of Comprehensive Tuberculosis Control Plans) |
| (1) | The Commissioner of the Korea Disease Control and Prevention Agency shall formulate and implement a comprehensive tuberculosis control plan every five years, following deliberation thereon by the Specialized Tuberculosis Committee under the Infectious Diseases Control Committee established pursuant to Article 9 of the Infectious Disease Control and Prevention Act. <Amended on Aug. 11, 2020> |
| (2) | Comprehensive tuberculosis control plans shall contain the following matters: |
| 1. | Basic policy measures for the prevention and control of tuberculosis; |
| 2. | Treatment, protection, and management of tuberculosis patients, pseudo-tuberculosis patients (hereinafter referred to as "tuberculosis patient, etc."), and persons infected with latent tuberculosis; |
| 3. | Publicity and education on tuberculosis; |
| 4. | Investigation of, research of, and development for tuberculosis; |
| 5. | Prevention and control of multi-drug-resistant tuberculosis (referring to infection by tuberculosis bacteria resistant to at least two anti-tuberculosis drugs, including isoniazid and rifampicin); |
| 6. | Other necessary matters for tuberculosis control. |
| (3) | The Special Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, the Special Self-Governing City Mayor, each Do Governor, and the Governor of the Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor"), and the head of each Si/Gun/Gu (the head of each Gu means the head of each autonomous Gu; hereinafter the same shall apply) shall formulate and implement an implementation plan based on the comprehensive tuberculosis control plan, in consideration of the circumstances of each relevant local government. In such cases, he or she shall connect the implementation plan with the regional public health and medical care plan under Article 7 of the Regional Public Health Act. <Amended on Jan. 28, 2014; May 18, 2015> |
| Article 6 (Project for Statistics on Tuberculosis) |
| (1) | The Commissioner of the Korea Disease Control and Prevention Agency shall execute a project of yielding statistics (hereinafter referred to as "project for statistics on tuberculosis") by collecting and analyzing data on outbreaks and the actual status of the control of tuberculosis in a sustained and systematic manner. In such cases, the Statistics Act shall apply mutatis mutandis to the collection of statistic data, the preparation of statistics, and other matters. <Amended on Jan. 28, 2014; Aug. 11, 2020> |
| (2) | The Commissioner of the Korea Disease Control and Prevention Agency may request any medical personnel or medical institution that diagnoses or treats tuberculosis patients, etc. or persons infected with latent tuberculosis, the National Health Insurance Corporation and the Health Insurance Review and Assessment Service under the National Health Insurance Act, and any other corporation, institution, or association that performs tuberculosis-related projects to present data necessary for the project for statistics on tuberculosis, or present opinions thereon, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, any person requested to present data shall comply with such request, except in extenuating circumstances. <Amended on Jan. 28, 2014; Aug. 11, 2020> |
| Article 7 (Tuberculosis Control Projects) |
| (1) | The Commissioner of the Korea Disease Control and Prevention Agency shall execute the following tuberculosis control projects to prevent and eradicate tuberculosis: <Amended on Jan. 28, 2014; Aug. 11, 2020> |
| 1. | Projects for preventing and controlling tuberculosis; |
| 2. | Projects for detecting tuberculosis patients early; |
| 3. | Projects for treatment and management of tuberculosis patients, etc. and persons infected with latent tuberculosis, including their medical treatment and medication; |
| 4. | Search for and management of persons who have had physical contact with contagious tuberculosis patients; |
| 5. | Investigations and research for the eradication of tuberculosis; |
| 6. | Collection, analysis, and provision of data on outbreaks, control of tuberculosis, and so forth; |
| 7. | Education and publicity projects for the prevention of tuberculosis; |
| 8. | Other projects deemed necessary for control of tuberculosis. |
| (2) | The Commissioner of the Korea Disease Control and Prevention Agency may install and operate a computerized information system (hereinafter referred to as “comprehensive tuberculosis control system”) for computerization of the processing, recording, and management of various data or information necessary for tuberculosis control projects prescribed in paragraph (1). <Amended on Jan. 28, 2014; Aug. 11, 2020> |
| (3) | The Commissioner of the Korea Disease Control and Prevention Agency may request any medical personnel or medical institution that diagnoses or treats a tuberculosis patient and any institution that examines such a patient, the head of a related central administrative agency, the National Health Insurance Corporation and the Health Insurance Review and Assessment Service under the National Health Insurance Act, the Statistics Korea, and the head of any other corporation, institution, or organization that performs tuberculosis-related projects to present data necessary for the tuberculosis control projects, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, any person requested to present data shall comply with such request unless good cause exists otherwise. <Amended on Jan. 28, 2014; Aug. 11, 2020> |
| (4) | Other matters necessary for the installation and operation of the comprehensive tuberculosis control system shall be prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
[Title Amended on Jan. 28, 2014]
| Article 8 (Reporting Obligation of Medical Institutions) |
| (1) | Where any medical doctor and any other person employed by a medical institution falls under any of the following subparagraphs, he or she shall report to the head of a medical institution to which he or she belongs without delay: Provided, That a medical doctor not belonging to any medical institution shall file a report on a relevant fact with the director of the competent public health center: <Amended on Jan. 28, 2014> |
| 1. | Where he or she has diagnosed or treated a tuberculosis patient, etc.; |
| 2. | Where a tuberculosis patient, etc. dies or he or she has conducted a postmortem inspection of the body of a person who has died of tuberculosis. |
| (2) | Upon receipt of reporting made pursuant to the main clause of paragraph (1), the head of a medical institution shall file a report thereon with the director of the competent public health center without delay. <Newly Inserted on Jan. 28, 2014; Mar. 27, 2018> |
| (3) | A medical doctor not belonging to any medical institution or the head of a medical institution referred in paragraph (2) shall report on the results of the treatment of a tuberculosis patient, etc., for whom a report has filed pursuant to paragraph (1) 1, to the director of the competent public health center. <Newly Inserted on Jan. 28, 2014> |
| (4) | Where a report filed pursuant to the proviso to paragraph (1), and paragraph (2) concerns a patient outside the jurisdiction of the director of a public health center, the director of the public health center in receipt of the report shall inform the director of a competent public health center of the fact. <Amended on Jan. 28, 2014> |
| (5) | Matters necessary for the methods and procedures for filing a report or making reporting pursuant to paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. With regard to other matters related to filing a report or reporting, Articles 11 through 13 and 15 of the Infectious Disease Control and Prevention Act shall apply mutatis mutandis. In such cases, “patients, etc. infected by an infectious disease” shall be construed as “tuberculosis patient, etc.” <Newly Inserted on Jan. 28, 2014> |
| Article 8-2 (Requests for Suspension of Review of Medical Care Benefit Costs) |
| (1) | Where a medical doctor or the head of a medical institution fails to file a report required under Article 8, the Commissioner of the Korea Disease Control and Prevention Agency may request that the Health Insurance Review and Assessment Service and the National Health Insurance Service under the National Health Insurance Act to suspend review and payment of medical care benefit costs prescribed in Article 47 of the National Health Insurance Act until such report is filed by the medical doctor or the head of the medical institution so as to withhold support to tuberculosis patients, etc. and persons infected with latent tuberculosis for the expenses incurred in treating tuberculosis pursuant to Article 20. <Amended on Aug. 11, 2020> |
| (2) | A person requested pursuant to paragraph (1) shall comply with such request unless good cause exists otherwise. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 9 (Measures to Take If a Tuberculosis Patient Is Reported) |
| (1) | The director of a public health center shall, as prescribed by Ordinance of the Ministry of Health and Welfare, conduct a case investigation to look into the infection source, which includes personal information on the patient, persons who have had physical contact with the patient, whether the patient is a resident of communal living settings and similar matters. <Amended on Feb. 3, 2016> |
| (2) | No one may refuse, impede or evade a case investigation conducted by the director of a public health center, without good cause. <Newly Inserted on Feb. 3, 2016> |
| (3) | When deemed necessary for prevention of tuberculosis and other medical purposes relating to tuberculosis patients, etc. reported under Article 8, the director of a public health center shall provide appropriate medical guidance, such as patient management and medical training, by deploying nurses, etc. to the relevant medical institution or arranging nurse visits. <Newly Inserted on Feb. 3, 2016> |
[Title Amended on Jul. 3, 2016]
| Article 10 (Measures at Time of Mass Outbreaks of Tuberculosis) |
| (1) | Where the Mayor/Do Governor or the head of each Si/Gun/Gu suspects a mass outbreak of tuberculosis, he or she shall conduct an epidemiological investigation, a tuberculosis examination and a latent tuberculosis examination (hereinafter referred to as “tuberculosis examination, etc.”) in accordance with the standards determined by the Commissioner of the Korea Disease Control and Prevention Agency, and then take measures, such as treating a person infected with latent tuberculosis. <Amended on Feb. 3, 2016; Aug. 11, 2020> |
| (2) | The Commissioner of the Korea Disease Control and Prevention Agency, the Mayor/Do Governor, or the head of each Si/Gun/Gu shall establish an epidemiological investigation team to conduct an epidemiological investigation. <Newly Inserted on Feb. 3, 2016; Aug. 11, 2020> |
| (3) | No one may refuse, impede or evade an epidemiological investigation conducted by the Commissioner of the Korea Disease Control and Prevention Agency, the Mayor/Do Governor, or the head of each Si/Gun/Gu, without good cause. <Newly Inserted on Feb. 3, 2016; Aug. 11, 2020> |
| Article 10-2 (Orders to Take Measures in Response to Mass Outbreak of Tuberculosis) |
| (1) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu suspects or confirms a mass outbreak of tuberculosis at a group living facility referred to in Article 19 (1) 2, he or she may order the head of the relevant facility to take measures necessary to prevent the spread of tuberculosis, including cooperation in epidemiological investigations under Article 10 (1), as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Where the Mayor/Do Governor or the head of a Si/Gun/Gu suspects or confirms an outbreak of tuberculosis pursuant to paragraph (1), he or she shall notify the fact that there is a mass outbreak of tuberculosis to the agency having jurisdiction over the relevant group living facility, and where necessary to prevent the spread of tuberculosis, may request the relevant agency to cooperate therewith. In such cases, agencies in receipt of such request shall cooperate unless there is a compelling reason not to do so. |
| (3) | The scope of agencies requiring notification of outbreaks of tuberculosis under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 3, 2019]
| Article 11 (Tuberculosis Examinations) |
| (1) | The head, etc. of any of the following institutions or schools shall conduct a tuberculosis examination, etc. for the employees and/or faculty members of the institution or school: Provided, That if the employees or faculty members have undergone medical examination in accordance with other statutes or regulations, such medical examination may substitute the tuberculosis examination: <Amended on Feb. 3, 2016> |
| 7. | The heads of other institutions or schools as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Where necessary for the early detection of tuberculosis, the Special Self-Governing City Mayor, the Governor of the Special Self-Governing Province, or the head of each Si/Gun/Gu may conduct a tuberculosis examination, etc. for any of the following persons highly susceptible to tuberculosis infection: <Amended on Jan. 28, 2014> |
| 2. | Persons who live in a group, including vagrants, the homeless, and persons admitted to unreported facilities; |
| 3. | Persons requested to be examined by the head of a school as deemed highly susceptible to tuberculosis infection; |
| 4. | Other persons deemed highly susceptible to tuberculosis infection by the Special Self-Governing City Mayor, the Governor of the Special Self-Governing Province or the head of each Si/Gun/Gu. |
| (3) | Matters necessary for those subject to a tuberculosis examination, etc., frequency of and methods for conducting the tuberculosis examination, etc. under paragraphs (1) and (2) and other relevant matters shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 28, 2014> |
[Title Amended on Jan. 28, 2014]
| Article 11-2 (Matters to Be Observed) |
Any person who falls under the subparagraphs of Article 11 (1) shall abide by the standards for the prevention and control of tuberculosis infection among workers in accordance with the procedures, methods, etc. prescribed by Ordinance of the Ministry of Health and Welfare. [This Article Newly Inserted on Feb. 3, 2016]
| Article 12 (Tuberculosis Vaccinations) |
[This Article Wholly Amended on Jan. 28, 2014]
| Article 13 (Temporary Restrictions on Engaging in Business) |
| (1) | The Special Self-Governing City Mayor, the Governor of the Special Self-Governing Province, or the head of each Si/Gun/Gu shall order contagious tuberculosis patients to suspend or prohibit from engaging in the entertainment industry, other business having considerable contact with people, or other duties performed in a group living facility under Article 19 (1) 2 until a decision on the cessation of contagiousness is rendered as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 28, 2014; Dec. 3, 2019> |
| (2) | No patient who is suspended or banned from his or her work by order issued under paragraph (1) shall engage in his or her work until he or she is determined to be no longer infectious. <Newly Inserted on Feb. 3, 2016> |
| (3) | The owner of the business for which a patient suspended or banned from work by order issued under paragraph (1) or the employer of such patient shall prohibit the patient from working in the business until he or she is determined to be no longer infectious. <Newly Inserted on Feb. 3, 2016> |
| (4) | No business owner or employer may refuse to employ non-contagious tuberculosis patients only on the ground that they are tuberculosis patients. <Amended on Feb. 3, 2016> |
| (5) | The types of business in which such patients are suspended or prohibited from employment under paragraph (1) shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 3, 2016> |
| Article 14 (Cessation of Contagiousness and Reemployment) |
| (1) | Where a person whose employment is suspended or prohibited pursuant to Article 13 (1) receives a decision on the cessation of contagiousness, as determined by Ordinance of the Ministry of Health and Welfare, the Special Self-Governing City Mayor, the Governor of the Special Self-Governing Province or the head of each Si/Gun/Gu shall revoke the suspension or prohibition order. <Amended on Jan. 28, 2014> |
| (2) | Business owners or employers shall reinstate a person for whom a suspension or prohibition order is revoked under paragraph (1) to his or her previous duties. |
| Article 15 (Hospitalization Orders) |
| (1) | Where the Mayor/Do Governor or the head of each Si/Gun/Gu deems that a tuberculosis patient is likely to transmit tuberculosis to a cohabitant or a third person, he or she may order the tuberculosis patient to be hospitalized at a medical institution determined by Ordinance of the Ministry of Health and Welfare for a fixed period to prevent tuberculosis. In such cases, notification of a hospitalization order shall be issued to a tuberculosis patient or to his or her guardian. <Amended on Jan. 28, 2014> |
| (2) | Where a person who has received a hospitalization order under paragraph (1) makes an application for hospitalization, no head of a medical institution under paragraph (1) may refuse to hospitalize without justifiable grounds. <Amended on Jan. 28, 2014> |
| (3) | Details necessary for the methods of and procedures for hospitalization under paragraph (1), and other relevant matters, shall be prescribed by Presidential Decree. |
| (4) | Deleted. <Jan. 28, 2014> |
[Title Amended on Jan. 28, 2014]
| Article 15-2 (Measures against Persons Refusing Hospitalization Orders) |
| (1) | Where a tuberculosis patient falls under any of the following subparagraphs, the Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall issue an order requiring quarantine treatment at a medical institution designated by the Commissioner of the Korea Disease Control and Prevention Agency from among the medical institutions provided for in Article 15 (1): <Amended on Aug. 11, 2020> |
| 1. | Where he or she refuses a hospitalization order issued under Article 15 (1); |
| 2. | Where he or she discharges himself or herself from hospital, ceases treatment, or leaves a hospital without permission, at his or her own discretion during hospitalization, resulting in a risk of transmitting of tuberculosis to the public. |
| (2) | Where the Mayor/Do Governor or the head of the Si/Gun/Gu issues an order requiring quarantine treatment under paragraph (1), he or she may request the chief of the competent police station for necessary cooperation. In such cases, the chief of the competent police station in receipt of the request shall comply with such request in the absence of good cause. |
| (3) | Matters necessary for the designation of a medical institution to provide quarantine treatment ordered under paragraph (1), the standards for quarantine treatment facilities, and other similar matters, shall be determined by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 15-3 (Restrictions on Visits and other Relevant Matters) |
| (1) | The head of a medical institution which provides quarantine treatment ordered under Article 15-2 (1) may restrict visits to a tuberculosis patient in receipt of an order requiring quarantine treatment only where deemed necessary for the treatment of tuberculosis. |
| (2) | Where the head of a medical institution restricts a visit pursuant to paragraph (1), such restriction shall be imposed within the minimum extent necessary, and the ground for the restriction shall be stated in relevant medical treatment records. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 16 (Livelihood Protection for Tuberculosis Patients in Receipt of Hospitalization Order) |
| (1) | Where a tuberculosis patient in receipt of a hospitalization order under Article 15 or a quarantine treatment order under Article 15-2 is being hospitalized and treated at a medical institution, and when it is deemed difficult for the patient himself or herself or his or her dependents to maintain their livelihood, the Mayor/Do Governor or the head of a relevant Si/Gun/Gu shall take necessary measures to sustain the livelihood of the patient or his or her dependents, such as subsidization of expenses (hereinafter referred to as “livelihood protection measures”), as prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
| (2) | Notwithstanding paragraph (1), with respect to a person who is receiving similar protection or support from the State or a local government pursuant to other statutes or regulations, the Mayor/Do Governor or the head of a relevant Si/Gun/Gu shall restrict a livelihood protection measure equivalent to such protection or support. <Newly Inserted on Jan. 28, 2014> |
[Title Amended on Jan. 28, 2014]
| Article 16-2 (Investigations concerning Livelihood Protection Measures) |
| (1) | The Mayor/Do Governor or the head of each Si/Gun/Gu may request a tuberculosis patient and his or her dependents who wish to benefit from livelihood protection measures to submit necessary documents or other data on their income, property, etc. to investigate whether they are entitled to the livelihood protection measures under Article 16, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | The Mayor/Do Governor or the head of each Si/Gun/Gu may request the heads of relevant agencies to provide data, including resident registration computer processing information, family relation certificates, national taxes and local taxes, national health insurance, and employment insurance to conduct an investigation under paragraph (1). In such cases, the heads of the relevant agencies shall comply with such request, in the absence of good cause. |
| (3) | Where a tuberculosis patient or any of his or her dependents who wishes to benefit from livelihood protection measures refuses to submit documents or data pursuant to paragraph (1), the Mayor/Do Governor or the head of the relevant Si/Gun/Gu may revoke, suspend, or change the livelihood protection measures. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 17 (Measures for Contagious Tuberculosis Patients in Prison) |
| Article 18 (Medical Treatment of Tuberculosis Patients) |
| (1) | The Mayor/Do Governor and the head of each Si/Gun/Gu shall post medical professionals and take measures determined by Ordinance of the Ministry of Health and Welfare to provide tuberculosis patients, etc. who live in his or her jurisdiction with appropriate medical treatment, etc. |
| (2) | The Mayor/Do Governor and the head of each Si/Gun/Gu may pay expenses incurred in conducting clinical research (limited to cases of medical doctors) and the compensation for the danger of tuberculosis contagion to medical doctors, nurses, clinical pathologists, radiotherapists, and auxiliary nurses who are exclusively in charge of the medical treatment referred to in paragraph (1) within the budget. |
| (3) | The Mayor/Do Governor and the head of each Si/Gun/Gu may collect fees and medical expenses from any person who has undergone medical treatment under paragraph (1), where necessary. In such cases, the relevant fees and medical expenses shall be determined by ordinance of the relevant local government in accordance with the standards determined by the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Aug. 11, 2020> |
| Article 19 (Management of Persons Having Physical Contact with Contagious Tuberculosis Patients) |
| (1) | The Special Self-Governing City Mayor, the Governor of the Special Self-Governing Province, or the head of each Si/Gun/Gu shall conduct a tuberculosis examination, etc. for any of the following persons who have had physical contact with a contagious tuberculosis patient, and thus are apt to be infected with tuberculosis, in accordance with the standards determined by Ordinance of the Ministry of Health and Welfare: <Amended on Jan. 28, 2014; Dec. 3, 2019> |
| 1. | A family member of a contagious tuberculosis patient and persons who have had physical contact with such patient recently; |
| 2. | A person who lives with a contagious tuberculosis patient at a group living facility, including a school, military unit, social welfare facility, or place of business to which the contagious tuberculosis patient belongs. |
| (2) | When a tuberculosis patient, etc. or a person infected with latent tuberculosis is detected as a result of an examination under paragraph (1), the Special Self-Governing City Mayor, the Special Governing Province Governor, or the head of a Si/Gun/Gu shall take measures necessary to prevent the spread of tuberculosis, such as treating tuberculosis or latent tuberculosis, as determined by the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Jan. 28, 2014; Dec. 3, 2019; Aug. 11, 2020> |
| (3) | When searching for persons who have come into contact with a tuberculosis patient and taking measures to prevent tuberculosis under paragraph (1) or (2), the director of a public health center shall keep a record of persons subject to the search or measures and maintain the list of such persons (including electronic documents). <Newly Inserted on Feb. 3, 2016> |
| (4) | The head of an institution falling under subparagraph 2 of paragraph (1) shall actively cooperate in connection with measures, such as tuberculosis examination taken under paragraph (1) and tuberculosis prevention measures taken under paragraph (2). <Newly Inserted on Feb. 3, 2016> |
| Article 20 (Support for Tuberculosis Patients and Persons Infected with Latent Tuberculosis) |
The Commissioner of the Korea Disease Control and Prevention Agency may subsidize expenses incurred in treating tuberculosis for tuberculosis patients, etc. and persons infected with latent tuberculosis within the budget, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014; Aug. 11, 2020>
[Title Amended on Jan. 28, 2014]
| Article 21 (Korean Tuberculosis Association) |
| (1) | The Korean National Tuberculosis Association (hereinafter referred to as the "Association") shall be established to conduct investigations and research into tuberculosis and projects for prevention and eradication thereof. |
| (2) | The Association shall be a corporation. |
| (3) | No one, other than the Korean National Tuberculosis Association referred to in paragraph (1), may use the name, "Korean National Tuberculosis Association" or similar as its title. <Amended on Jan. 28, 2014> |
| (4) | Except as provided for in this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the Association. |
| Article 22 (Matters to be Entered in Articles of Incorporation) |
Matters to be included in the articles of incorporation of the Association and necessary matters for its affairs shall be prescribed by Presidential Decree.
| Article 23 (Subsidization of Expenses) |
The Commissioner of the Korea Disease Control and Prevention Agency may subsidize all or some expenses to be incurred for the Association, within the budget, where deemed necessary for the Association to conduct investigations and research on tuberculosis and its prevention and eradication projects. <Amended on Aug. 11, 2020>
| Article 24 (Use of, and Profiting from, National Property) |
Where the State deems it necessary for the Association to conduct projects referred to in Article 21, it may permit the Association to gratuitously use national property and earn profit therefrom.
| Article 25 (Fund-Raising) |
| (1) | Where the Association intends to do a Christmas seal fund-raising or other fund-raising activities, it shall formulate a fund-raising plan and obtain permission from the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Aug. 11, 2020> |
| (2) | Where the Association has obtained permission pursuant to paragraph (1), it may hold a Christmas seal fund-raising and other fund-raising activities, notwithstanding the Act on the Collection and Use of Donations. |
| (3) | Any Government agency, public organization, or corporation determined by Presidential Decree shall cooperate in the Christmas seal fund-raising or other fund-raising activities referred to in paragraph (2). |
| (4) | Matters necessary for the methods of using funds raised pursuant to paragraph (2), reporting on actual outcomes, and other relevant matters shall be prescribed by Presidential Decree. |
| Article 26 (Expenses Borne by Special Self-Governing Cities, Special Self-Governing Provinces, and Sis/Guns/Gus) |
The following expenses shall be borne by each relevant Special Self-Governing City, Special Self-Governing Province, and Si/Gun/Gu (a Gu means an autonomous Gu; hereinafter the same shall apply): <Amended on Jan. 28, 2014>
| 1. | Expenses incurred in taking measures at the time of a mass outbreak of tuberculosis referred to in Article 10; |
| 2. | Expenses incurred in conducting tuberculosis examinations, etc. pursuant to Article 11 (2); |
| 3. | Expenses related to tuberculosis vaccinations pursuant to Article 12; |
| 4. | Expenses incurred in hospitalization of tuberculosis patients pursuant to Articles 15 (1) and 15-2 (1); |
| 5. | Expenses incurred in taking livelihood protection measures; |
| 6. | Expenses incurred in managing persons making physical contact with contagious tuberculosis patients pursuant to Article 19; |
| 7. | Other expenses incurred in preventing tuberculosis and detecting tuberculosis patients which are performed by the relevant Special Self-Governing City Mayor, the Governor of the relevant Special Self-Governing Province, or the head of the relevant Si/Gun/Gu. |
[Title Amended on Jan. 28, 2014]
| Article 27 (Expenses and Subsidies Borne by City/Do) |
| (1) | The following expenses shall be borne by a City/Do: |
| 1. | Expenses incurred in managing tuberculosis by branches of a corporation or association that perform tuberculosis control affairs; |
| 2. | Expenses incurred in taking measures at the time of a mass outbreak of tuberculosis referred to in Article 10; |
| 3. | Other expenses incurred for the prevention, control, etc. of tuberculosis, performed by the Mayor/Do Governor. |
| (2) | A City/Do (excluding a Special Self-Governing City and a Special Self-Governing Province) shall subsidize the expenses to be borne by relevant Sis/Guns/Gus under Article 26, as prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
| Article 28 (Expenses and Subsidies Borne by State) |
| (1) | The following expenses shall be borne by the State: <Amended on Jan. 28, 2014> |
| 1. | Production subsidies for pharmaceuticals necessary to prevent tuberculosis; |
| 2. | Expenses incurred in establishing and operating medical institutions that treat tuberculosis; |
| 3. | Expenses incurred in publicizing, etc. the prevention of tuberculosis; |
| 4. | Expenses incurred in conducting a project for statistics on tuberculosis pursuant to Article 6; |
| 5. | Expenses incurred in operating tuberculosis control projects and the comprehensive tuberculosis control system pursuant to Article 7; |
| 6. | Expenses incurred in subsidizing tuberculosis patients, etc. and persons infected with latent tuberculosis pursuant to Article 20; |
| 7. | Other expenses incurred for tuberculosis control affairs. |
| (2) | The State shall subsidize the expenses to be borne or subsidized by a relevant City/Do under Article 27, as prescribed by Presidential Decree. |
| Article 29 (Confidentiality) |
| (1) | No person who is or has been engaged in tuberculosis control affairs under this Act shall divulge any confidential information he or she becomes aware in the course of performing his or her duties, without justifiable grounds. <Amended on Jan. 28, 2014> |
| (2) | No person who is or has been engaged in the affairs regarding subsidies to support livelihood prescribed in Article 16 shall use or provide information he or she becomes aware in the course of his or her duties for any purpose other than providing support prescribed in this Act. <Newly Inserted on Jan. 28, 2014> |
| Article 30 (Delegation and Entrustment of Authority) |
| (1) | The Commissioner of the Korea Disease Control and Prevention Agency may delegate part of his or her authority under to this Act to City Mayors/Do Governors or to the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended on Aug 11, 2020> |
| (2) | The Commissioner of the Korea Disease Control and Prevention Agency or the head of each local government may entrust a relevant specialized association or institution with some education, publicity, investigations, research, diagnosis, treatment, etc. among tuberculosis control affairs, as prescribed by Presidential Decree. <Amended on Aug. 11, 2020> |
| Article 31 (Penalty Provisions) |
| (1) | A person who falls under any of the following shall be punished by imprisonment with labor for not more than 3 years, or by a fine not exceeding 30 million won: <Amended on Jan. 28, 2014> |
| 1. | A person who divulges any confidential information of a patient, in violation of Article 29 (1); |
| 2. | A person who uses or provides information for any purpose other than providing support, in violation of Article 29 (2). |
| (2) | A person who refuses hospitalization without any justifiable ground, in violation of Article 15 (2), shall be punished by imprisonment with labor for not exceeding 2 years, or by a fine not exceeding 20 million won. |
| Article 31-2 (Penalty Provisions) |
A person who falls under any of the following shall be punished by imprisonment with labor of up to 2 years or a fine not exceeding 20 million won:
| 1. | A person who refuses, impedes, or evades a case investigation conducted pursuant to Article 9 (2); |
| 2. | A person who refuses, impedes, or evades an epidemiological investigation conducted pursuant to Article 10 (3). |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 32 (Penalty Provisions) |
A person who falls under any of the following shall be punished by a fine not exceeding 10 million won: <Amended on Jan. 28, 2014; Feb. 3, 2016; Dec. 3, 2019>
| 1. | A person who fails to execute an order issued under Article 10-2 (1); |
| 2. | A person who is in breach of an obligation relating to a suspension or ban from work under Article 13 (2) and (3); |
| 3. | A person who refuses employment, in violation of Article 13 (4); |
| 4. | A person who fails to permit reinstatement, in violation of Article 14 (2), although a suspension or prohibition order has been revoked; |
| 5. | A person who restricts a visit to a tuberculosis patient for any reason other than a restriction on visits prescribed in Article 15-3 (1). |
| Article 33 (Penalty Provisions) |
A person who falls under any of the following shall be punished by a fine not exceeding five million won: <Amended on Jan. 28, 2014; Feb. 3, 2016; Dec. 3, 2019>
| 1. | A person who violates his or her obligation to file a report or reporting under Article 8 (1) through (3); |
| 2. | A person who violates a quarantine treatment order issued under Article 15-2 (1); |
| 3. | A person who fails to state the ground for restricting a visit or makes a false statement in relevant medical treatment records, in violation of Article 15-3 (2). |
| Article 34 (Administrative Fines) |
| (1) | Any person who fails to conduct a tuberculosis examination, etc. under Article 11 (1) shall be subject to an administrative fine not exceeding two million won. <Amended on Dec. 11, 2018> |
| (2) | The competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a competent Si/Gun/Gu shall impose and collect the administrative fines under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted on Dec. 11, 2018> |
[This Article Newly Inserted on Feb. 3, 2016]
ADDENDA <Act No. 9963, Jan. 25, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (General Transitional Measures concerning Dispositions, etc.)
Any act performed by or in relation to an administrative agency under the former provisions as at the time this Act enters into force shall be deemed an act performed by or in relation to an administrative agency equivalent thereto under this Act.
Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions or administrative fines to acts performed before this Act enters into force shall be governed by the former provisions.
Article 4 (Relationship to other Statues)
A citation to a previous provision as at the time this Act enters into force shall be deemed a citation to the corresponding provision of this Act, in lieu of the previous provision, if such corresponding provision exists in this Act.
ADDENDA <Act No. 12358, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Requests for Suspension of Review, etc. on Medical Care Benefit Costs)
The amended provisions of Article 8-2 shall apply starting with the first person who fails to file a report pursuant to Article 8 (1) and (2) after this Act enters into force. Article 3 (Transitional Measures concerning Administrative Dispositions)
The previous provisions shall apply to administrative dispositions issued in relation to violations committed before this Act enters into force.
ADDENDA <Act No. 13323, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 13981, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15871, Dec. 11, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16726, Jun. 3, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17472, Aug. 11, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That ... the amended provisions of any Act, which is amended pursuant to Article 4 of the Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act.
Articles 2 through 5 Omitted.