Law Viewer

Back Home

SCHOOL HEALTH ACT

Act No. 0, ,

Act No. 1928, Mar. 30, 1967

Act No. 3006, Jul. 23, 1977

Act No. 3374, Feb. 28, 1981

Act No. 4268, Dec. 27, 1990

Act No. 4349, Mar. 8, 1991

Act No. 5069, Dec. 29, 1995

Act No. 5454, Dec. 13, 1997

Act No. 5618, Dec. 31, 1998

Act No. 6218, Jan. 28, 2000

Act No. 6400, Jan. 29, 2001

Act No. 6716, Aug. 26, 2002

Act No. 7120, Jan. 29, 2004

Act No. 7170, Feb. 9, 2004

Act No. 7396, Mar. 24, 2005

Act No. 7700, Dec. 7, 2005

Act No. 7799, Dec. 29, 2005

Act No. 8366, Apr. 11, 2007

Act No. 8391, Apr. 27, 2007

Act No. 8466, May 17, 2007

Act No. 8578, Aug. 3, 2007

Act No. 8678, Dec. 14, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8912, Mar. 21, 2008

Act No. 9770, jun. 9, 2009

Act No. 9847, Dec. 29, 2009

Act No. 9932, Jan. 18, 2010

Act No. 11048, Sep. 15, 2011

Act No. 11690, Mar. 23, 2013

Act No. 12131, Dec. 30, 2013

Act No. 13879, Jan. 27, 2016

Act No. 13946, Feb. 3, 2016

Act No. 14055, Mar. 2, 2016

Act No. 14402, Dec. 20, 2016

Act No. 14532, Jan. 17, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15043, Nov. 28, 2017

Act No. 15534, Mar. 27, 2018

Act No. 15965, Dec. 18, 2018

Act No. 16304, Apr. 2, 2019

Act No. 16339, Apr. 23, 2019

Act No. 16748, Dec. 10, 2019

Act No. 17472, Aug. 11, 2020

Act No. 17497, Oct. 20, 2020

 Article 1 (Purpose)
The purpose of this Act is to protect and promote the health of students and teachers and staff by prescribing matters necessary for health management in schools. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Dec. 14, 2007]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Mar. 21, 2008; Jan. 26, 2012; Mar. 21, 2012; Oct. 20, 2020>
1. The term "health examination" means an examination or inspection of the physical developmental conditions and ability, mental health status, and daily habits of a person, whether a person contracts a disease, etc.;
3. The term "competent agency" means an advisory and supervisory authority classified as follows:
(a) National kindergartens under subparagraph 1 of Article 7 of the Early Childhood Education Act and national schools under subparagraph 1 of Article 3 of the Elementary and Secondary Education Act: The Minister of Education;
(b) Public kindergartens and private kindergartens under subparagraphs 2 and 3 of Article 7 of the Early Childhood Education Act and public schools and private schools under subparagraphs 2 and 3 of Article 3 of the Elementary and Secondary Education Act: The superintendent of education;
(c) Schools under Article 2 of the Higher Education Act: The Minister of Education.
[This Article Wholly Amended on Dec. 14, 2007]
 Article 2-2 (Duties of State and Local Governments)
The State and local governments shall formulate and implement a basic plan for the protection and promotion of the health of students and teachers and staff, and formulate policies necessary therefor.
[This Article Wholly Amended on Dec. 14, 2007]
 Article 3 (Health Facilities)
A founder and a manager of a school shall build a health room, and furnish the facilities, appliances, and goods necessary for health care in schools, as prescribed by Presidential Decree. <Amended on Dec. 18, 2018>
[This Article Wholly Amended on Dec. 14, 2007]
[Title Amended on Dec. 18, 2018]
 Article 4 (Environmental Sanitation and Food Sanitation in School)
(1) The head of each school shall, as prescribed by Ordinance of the Ministry of Education, properly maintain and administer environmental sanitation, such as the control of ventilation, lighting, illumination, temperature and humidity, the prevention and management of hazardous substances including hazardous heavy metals, the installation and management of water supply and drainage systems and lavatories, and the prevention and control of air pollution, asbestos, waste, noise, volatile organic compounds, germs, dust, etc., and food sanitation, such as the management of tableware, foodstuffs and drinking water in a school facility (referring to the site of a school building, a playground, a school building, a gymnasium, a dormitory, a school meal facility, and an auditorium installed in the site of a school building or a playground; hereinafter the same shall apply). <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 23, 2019>
(2) The head of a school shall, as prescribed by Ordinance of the Ministry of Education, perform inspections in order to appropriately maintain and administer environmental sanitation and food sanitation in a school facility pursuant to paragraph (1), and record, maintain, and report the results thereof. In such cases, if a member of a school steering committee or a parent requests participation in an air quality inspection conducted for an inspection of environmental sanitation, such participation shall be permitted. <Amended on Feb. 29, 2008; Mar. 23, 2013; Apr. 2, 2019; Apr. 23, 2019>
(3) The head of a school may, as prescribed by Ordinance of the Ministry of Education, entrust inspection-related affairs prescribed in paragraph (2) to a measuring agency under Article 16 of the Environmental Testing and Inspection Act, or perform such affairs by asking the superintendent of education to provide specialized human resources and other support. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Where the results of inspection prescribed in paragraphs (2) and (3) fail to meet the standards prescribed by Ordinance of the Ministry of Education, the head of a school shall take necessary measures, including facility supplementation, and report thereon to the Minister of Education and the superintendent of education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 2, 2016>
(5) If deemed necessary to appropriately maintain and administer environmental sanitation and food sanitation under paragraph (1), the Minister of Education or the superintendent of education may have the relevant public official gain access to a school to perform inspections or check the results, etc. thereof under paragraph (2), and if improvement is required, he or she may provide administrative and financial support to the school. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(6) The head of a school shall make public results of the inspections of environmental sanitation and food sanitation under paragraph (2) and supplementary measures under paragraph (4) on the website of the school or the website related to publication operated by the Minister of Education. In such cases, measured figures shall include the records of the first measurement and re-measurement. <Newly Inserted on Mar. 2, 2016; Apr. 2, 2019>
(7) Where the head of a school performs inspections of environmental sanitation in a school facility under paragraph (2) and confirms that highly hazardous substances can continue to occur, he or she shall request the superintendent of education to conduct a special inspection, and in response to such request, the superintendent of education shall conduct said inspection and formulate and implement countermeasures. <Newly Inserted on Apr. 23, 2019>
[This Article Wholly Amended on Dec. 14, 2007]
 Article 4-2 (Special cases concerning Maintenance and Management of Air Quality)
(1) The head of a school shall conduct a sanitation inspection of air quality under Article 4 (2) at least once in the first and second half of each year, respectively.
(2) The head of a school shall regularly conduct an inspection at least once each year with respect to equipment used to measure air quality in a school building under Article 4 (2) and (3), as prescribed by Ordinance of the Ministry of Education.
[This Article Newly Inserted on Apr. 2, 2019]
 Article 4-3 (Construction of Air Purification Installations)
The head of a school (excluding a school defined in Article 2 of the Higher Education Act) shall construct an air purification installation and a fine dust-measuring device in each classroom to manage air quality in a school building, as prescribed by Ordinance of the Ministry of Education.
[This Article Newly Inserted on Apr. 2, 2019]
 Article 5 (Preparation of Air Pollution Response Manual)
(1) The Minister of Education shall prepare and distribute a response manual based on the results of predicting air pollution levels under Article 7-2 of the Clean Air Conservation Act to effectively deal with air pollution (hereinafter referred to as “air pollution response manual”) after consulting with the Minister of Environment.
(2) The air pollution response manual shall contain the details prescribed by Presidential Decree, such as guidelines for disseminating information, inspection of conditions for outdoor classes and corresponding measures, and measures to control indoor air quality at each stage of response.
(3) The head of a school shall formulate a detailed guide to action to be taken by students and teachers and staff in accordance with the air pollution response manual and shall educate them on such detailed guide.
(4) Other matters necessary for the preparation and distribution of the air pollution response manual and formulation of the detailed guide to action shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 18, 2018]
 Article 6 Deleted. <Feb. 3, 2016>
 Article 6-2 Deleted. <Feb. 3, 2016>
 Article 6-3 Deleted. <Feb. 3, 2016>
 Article 7 (Health Examinations)
(1) The head of a school shall require that students and teachers and staff submit to a health examination: Provided, That health examinations of teachers and staff may be substituted by health checkups under Article 52 of the National Health Insurance Act. <Amended on Dec. 31, 2011>
(2) In making sure that health examinations are conducted under paragraph (1), the head of a school shall request a health checkup institution under Article 52 of the National Health Insurance Act to conduct a health checkup on any of the following students with regard to matters prescribed by Ordinance of the Ministry of Education in order to examine or inspect whether he or she has contracted a disease, etc.: <Amended on Feb. 29, 2008; Dec. 31, 2011; Mar. 21, 2012; Mar. 23, 2013>
1. First graders and fourth graders of schools under subparagraph 1 of Article 2 of the Elementary and Secondary Education Act, and of special schools and various kinds of schools equivalent thereto: Provided, That an oral examination shall be performed on all graders of schools, and matters concerning the methods, expenses, etc. thereof shall be determined by the superintendent of education according to the actual conditions of a community;
2. First graders in schools under subparagraphs 2 and 3 of Article 2 of the Elementary and Secondary Education Act, and in special schools and various kinds of schools equivalent thereto;
3. Other students prescribed by Ordinance of the Ministry of Education for the protection and promotion of health.
(3) The head of a school may ensure that a separate examination, other than a health examination under paragraph (2) is conducted on a student, as prescribed by Ordinance of the Ministry of Education, if deemed necessary to protect and promote the relevant student's health. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(4) Notwithstanding the provisions of paragraphs (1) and (2), the head of a school may postpone a health examination or skip all or part of a health examination, as prescribed by Ordinance of the Ministry of Education, where he or she has obtained approval from the superintendent of education, or the head of a district office of education due to any unavoidable cause, such as a natural disaster. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(5) An institution which has administered a health examination under paragraph (2) shall notify the relevant student or his or her parents, and the head of the relevant school of the results thereof, as prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(6) With respect to the examination of mental health referred to in subparagraph 1 of Article 2, the head of a school may, if necessary, conduct such examination without obtaining consent of the parent of the relevant student. In such cases, the head of a school shall notify the relevant parents of the examination to be conducted without delay. <Newly Inserted on Mar. 21, 2012; Mar. 2, 2016>
(7) Necessary matters concerning the timing and methods of a health examination, items, procedures, etc. therefor under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2012>
[This Article Wholly Amended on Dec. 14, 2007]
 Article 7-2 (Formulation and Implementation of Health Promotion Plans for Students)
(1) The superintendent of education shall formulate and implement a health promotion plan for students to improve their physical and mental health. <Newly Inserted on Dec. 30, 2013>
(2) The plan under paragraph (1) shall include ways to administratively and financially support measures taken by the head of a school prescribed in Article 11. <Newly Inserted on Dec. 30, 2013>
(3) The head of a school shall evaluate the results of health examinations under Article 7 and formulate and implement a health promotion plan for students based thereon. <Amended on Dec. 30, 2013>
(4) The head of a school may hold consultation with a school physician or school pharmacist under Article 15 (1) for the evaluation of the results of health examination and the formulation of a health promotion plan under paragraph (3). <Amended on Dec. 30, 2013>
[This Article Wholly Amended on Dec. 14, 2007]
[Title Amended on Dec. 30, 2013]
 Article 7-3 (Health Examination Records)
(1) When a health examination has been completed under Article 7, the head of a school shall prepare and administer the results thereof according to the standards prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013>
(2) When the head of a school prepares and administers the results of the health examination under paragraph (1), the data that requires processing by using the educational information system under Article 30-4 of the Elementary and Secondary Education Act shall be as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013>
1. Personal details;
2. Physical developmental status and capacity;
3. Other matters prescribed by Ordinance of the Ministry of Education within the extent necessary to achieve educational purposes.
(3) The head of a school shall, when a student under his or her control transfers to another school or enters an advanced high school or lower-level course, transfer the data under paragraph (1) to the head of the relevant school.
[This Article Wholly Amended on Dec. 14, 2007]
 Article 8 (Suspension from School)
(1) According to the results of the health examination under Article 7 or of a doctor's diagnosis, the head of a school may suspend from school students or teachers and staff who are infected or suspected to be infected, or are likely to be infected with an infectious disease, as prescribed by Presidential Decree. <Amended on Dec. 29, 2009; Oct. 20, 2020>
(2) Where a crisis alert of the caution level or higher under Article 38 (2) of the Framework Act on the Management of Disasters and Safety is issued due to an infectious disease, the Minister of Education may order the head of a school to suspend any of the following students or teachers and staff from school in consultation with the Commissioner of the Korea Disease Control and Prevention Agency. In such cases, such order shall be issued via the competent authority of the relevant school. <Newly Inserted on Oct. 20, 2020>
1. A person who has stayed at or passed through a quarantine inspection required area under subparagraph 7 of Article 2 of the Quarantine Act or a strict quarantine inspection required area under subparagraph 8 of the same Article, who is likely to be infected with a quarantinable infectious disease under subparagraph 1 of the same Article;
2. A person suspected to be infected with an infectious disease, who resides in or enters an area where the infectious disease breaks out;
3. A family member or cohabitant of a person quarantined at home or in a facility under Article 42 (2) 1 of the Infectious Disease Control and Prevention Act;
4. Other persons deemed necessary to be suspended from school for the blocking, prevention, etc. of the spread of an infectious disease at school.
(3) The head of a school issued with an order under paragraph (2) shall suspend the relevant students or teachers and staff from school without delay. <Newly Inserted on Oct. 20, 2020>
[This Article Wholly Amended on Dec. 14, 2007]
 Article 8-2 (Processing of Personal Information for Suspension from School)
The Minister of Education, the head of a relevant central administrative agency (including its affiliated institutions), the superintendent of education, and the head of a school may process personally identifiable information under Article 24 of the Personal Information Protection Act, if necessary for suspension from school under Article 8 (2). In such cases, the Personal Information Protection Act shall apply to matters regarding the protection of personal information.
[This Article Newly Inserted on Oct. 20, 2020]
 Article 9 (Health Care for Students)
The head of a school shall provide health education to its students and take necessary measures therefor for the purpose of the students’ physical development and the enhancement of their physical strength, the disease treatment and prevention, the prevention of alcohol and tobacco use and of misuse and abuse of drugs including narcotics, sex education, the promotion of mental health, etc. of the students. <Amended on Mar. 21, 2008; Jan. 26, 2012; Dec. 10, 2019>
[This Article Wholly Amended on Dec. 14, 2007]
 Article 9-2 (Health Education)
(1) The Minister of Education shall provide health education including education about first aid, such as cardiopulmonary resuscitation, in a systematic manner to all students in kindergartens under subparagraph 2 of Article 2 of the Early Childhood Education Act and in schools referred to in Article 2 of the Elementary and Secondary Education Act. In such cases, matters necessary for the provision of health education, including the timing of education and books used therefor, shall be determined by the Minister of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 30, 2013; Dec. 20, 2016>
(2) The head of a kindergarten under subparagraph 2 of Article 2 of the Early Childhood Education Act and the head of a school referred to in Article 2 of the Elementary and Secondary Education Act shall provide annual education about first aid, such as cardiopulmonary resuscitation, to teachers and staff, as prescribed by Ordinance of the Ministry of Education. <Newly Inserted on Dec. 30, 2013; Dec. 20, 2016>
(3) The head of a kindergarten under subparagraph 2 of Article 2 of the Early Childhood Education Act and the head of a school referred to in Article 2 of the Elementary and Secondary Education Act may entrust the operation of programs related to education on first aid under paragraph (2) and others to relevant specialized institutions or organizations, or experts. <Newly Inserted on Dec. 20, 2016>
[This Article Newly Inserted on Dec. 14, 2007]
[Title Amended on Dec. 30, 2013]
 Article 10 (Inspection of Completion of Vaccination)
(1) The head of an elementary school and the head of a secondary school shall receive certificates of vaccination under Article 27 of the Infectious Disease Control and Prevention Act from the head of a Si/Gun, or the head of a Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) within 90 days from the date when the students enter school, and inspect whether the students have had all the vaccinations under Articles 24 and 25 of the same Act, and then record the results of the inspection in the educational information system. <Amended on Dec. 29, 2009; Feb. 3, 2016>
(2) The head of an elementary school and the head of a secondary school shall guide new students who, it turns out, after inspection, haven’t had all the vaccinations, as a result of the inspections under paragraph (1), to have necessary vaccinations, and if necessary, may ask the head of a relevant public health center for necessary cooperation, such as assistance for vaccinations.
[This Article Wholly Amended on Dec. 14, 2007]
 Article 11 (Treatment and Preventive Measures)
(1) The head of a school shall take necessary measures for the medical treatment for and prevention of diseases in students infected or likely to be infected with diseases as a result of health examinations conducted pursuant to Article 7.
(2) The head of a school shall take the following measures to promote mental health of students, if necessary, as a result of the examination of their mental health defined in subparagraph 1 of Article 2, pursuant to Article 7 (1): <Newly Inserted on Dec. 30, 2013>
1. Education for students, their parents, teachers and staff, about the promotion and understanding of mental health;
2. Consultation with and management of relevant students;
3. Connection of specialized consultation agencies or medical agencies with the relevant students;
4. Other measures necessary to promote mental health of students.
(3) The superintendent of education may subsidize expenses necessary to take measures set forth in each subparagraph of paragraph (2), such as expenses of examination and treatment. <Newly Inserted on Dec. 30, 2013>
(4) If necessary for taking measures referred to in paragraphs (1) and (2), the head of a school may request cooperation from the head of a public health center, and the head of a public health center shall not reject such request without good cause. <Amended on Dec. 30, 2013>
[This Article Wholly Amended on Dec. 14, 2007]
[Title Amended on Dec. 30, 2013]
 Article 12 (Control of Safety of Students)
In order to prevent safety-related accidents among students, the head of a school shall check out and improve facilities and equipment in the school, provide safety education to students, and take other necessary measures.
[This Article Wholly Amended on Dec. 14, 2007]
 Article 13 (Health Care for Teachers and Staff)
The head of a school shall, if necessary as a result of health examinations under Article 7 (1) or if necessary as a result of checkups performed in lieu of health examinations, take necessary measures, such as treatment of diseases and the improvement of working conditions of teachers and staff.
[This Article Wholly Amended on Dec. 14, 2007]
 Article 14 (Prevention of Diseases)
(1) The head of a school may suspend classes, if necessary to prevent infectious diseases and ensure the school health.
(2) If necessary to prevent infectious diseases and ensure the school health, the competent authority may order the relevant school to take any of the following measures: Provided, That in cases of schools prescribed in subparagraph 3 (a) of Article 2, the Minister of Education may delegate his or her authority to the superintendent of education:
1. Suspension of classes or adjustment of school days for graders or the entire school;
2. Temporary school closure (including temporary kindergarten closure).
(3) Notwithstanding paragraphs (1) and (2), where measures under paragraph (1) or (2) are taken because of the issuance of a crisis alert of the caution level or higher under Article 38 (2) of the Framework Act on the Management of Disasters and Safety due to an infectious disease, the head of a school and the superintendent of education shall obtain consent from the competent authority and the Minister of Education respectively.
[This Article Wholly Amended on Oct. 20, 2020]
 Article 14-2 (Vaccinations against Infectious Diseases)
When the head of a Si/Gun/Gu administers required or temporary vaccinations against infectious diseases to the students or teachers and staff of a school pursuant to Articles 24 and 25 of the Infectious Disease Control and Prevention Act, he or she may appoint a school physician or a health teacher (limited to a health teacher who has a nurse's license; hereinafter the same shall apply) as a staff in charge of vaccination and have him or her administer vaccinations to the students or teachers and staff. In such cases, Article 27 (1) of the Medical Service Act shall not apply to the health teacher. <Amended on Dec. 29, 2009; Nov. 28, 2017; Mar. 27, 2018>
[This Article Wholly Amended on Dec. 14, 2007]
[Title Amended on Dec. 29, 2009]
 Article 14-3 (Formulation of Plan for Prevention of Infectious Diseases)
(1) The Minister of Education shall develop countermeasures to protect students and teachers and staff from infectious diseases (hereinafter referred to as “plan for the prevention of infectious diseases”) including the following. In such cases, he or she shall consult with the Minister of Interior and Safety and the Commissioner of the Korea Disease Control and Prevention Agency: <Amended on Jul. 26, 2017; Aug. 11, 2020>
1. Prevention and control of infectious diseases and follow-up measures;
2. Manual on response to infectious diseases;
3. School health and hygiene relating to infectious diseases;
4. Other matters that are prescribed by Presidential Decree and that are related to infectious diseases.
(2) When the Minister of Education develops a plan for the prevention of infectious diseases pursuant to paragraph (1), he or she shall notify the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor, the superintendent of education, and schools of such plan.
(3) The superintendent of education shall develop a detailed plan for the prevention of infectious diseases based on the plan for the prevention of infectious diseases formulated by the Minister of Education, having regard to conditions of the relevant region.
(4) The Minister of Education and the Commissioner of the Korea Disease Control and Prevention Agency shall build a close cooperative system and share information prescribed by Presidential Decree including information about the current status of infectious disease outbreaks (hereinafter referred to as “infectious disease information”) in order to prevent infectious diseases at school. <Amended on Aug. 11, 2020>
(5) Where students or teachers and staff have been infected or are suspected to have been infected with infectious diseases, the head of a school shall immediately make a report thereon to the Minister of Education via the superintendent of education.
(6) Where the information under paragraph (4) is shared with or the report under paragraph (5) is made to the Minister of Education, he or she shall promptly make such infectious disease information public to stop their spread.
(7) Methods and procedures for sharing, reporting, and making public information under paragraphs (4) through (6) shall be prescribed by Ordinance of the Ministry of Education.
[This Article Newly Inserted on Mar. 2, 2016]
 Article 14-4 (Preparation of Infectious Disease Response Manual)
(1) The Minister of Education shall prepare and distribute a response manual by type of infectious diseases to effectively respond thereto in schools (hereinafter referred to as “infectious disease response manual”) in consultation with the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Aug. 11, 2020>
(2) Matters necessary for the preparation, distribution, etc. of the infectious disease response manual shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 2, 2016]
 Article 15 (School Physician, School Pharmacist and Health Teacher)
(1) Each school may employ a medical person defined in Article 2 (1) of the Medical Service Act or a pharmacist defined in subparagraph 2 of Article 2 of the Pharmaceutical Affairs Act, who supports students and teachers and staff with health care needs, as prescribed by Presidential Decree. <Amended on Jan. 26, 2012>
(2) Every school shall employ a health teacher in charge of health education prescribed in Article 9-2 and health care of students: Provided, That schools below a certain size prescribed by Presidential Decree may employ a traveling health teacher.
[This Article Wholly Amended on Dec. 14, 2007]
[Title Amended on Jan. 26, 2012]
 Article 15-2 (First Aid)
(1) The head of each school (excluding schools referred to in Article 2 of the Higher Education Act; hereafter the same shall apply in this Article) may allow the health teachers or traveling health teachers under Article 15 (2) (hereafter referred to as “health teachers, etc.” in this Article) to provide first-aid services such as administering medicines to students who are in life-threatening conditions such as hypoglycemic shock associated with type 1 diabetes or anaphylactic shock after obtaining consent of their parents and consulting with doctors who have prescribed prescription drugs. In such cases, Article 27 (1) of the Medical Service Act shall not apply to health teachers, etc.
(2) Where no intention or gross negligence was found on the part of health teachers, etc. for property losses and human casualties that occur as a result of providing first aid to the students in life-threatening conditions under paragraph (1), health teachers, etc. shall not bear civil liability or criminal liability for bodily injury; and their criminal liability for causing death may be mitigated or remitted.
(3) The head of each school may have assistant personnel in place for students who need special care or protection due to any illness or disability. In such cases, the roles, requirements, etc. of assistant personnel shall be prescribed by Ordinance of the Ministry of Education.
[This Article Newly Inserted on Nov. 28, 2017]
 Article 16 (Establishment of Health Organizations)
The superintendent of education or the head of a district office of education may have organizations and public officials under his or her control necessary for school health care, as prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 14, 2007]
 Article 17 (School Health Committee)
(1) A City/Do School Health Committee shall be established under the control of the superintendent of education in order to deliberate on basic plans for and important school health policies under Article 2-2. <Amended on Feb. 29, 2008; Jan. 26, 2012>
(2) A City/Do School Health Committee shall be comprised of not more than 15 members who have experience in school health. <Amended on Jan. 26, 2012>
(3) The functions and operations of a City/Do School Health Committee and other necessary matters relating thereto shall be prescribed by Presidential Decree. <Amended on Jan. 26, 2012>
[This Article Wholly Amended on Dec. 14, 2007]
 Article 18 (Subsidization of Expenses)
The State or local governments shall subsidize all or some of expenses incurred in purchasing facilities, appliances, and goods under Article 3, installing an air-purifying facility and a fine dust-measuring device under Article 4-3, and conducting health examinations under Article 7 (1). <Amended on Dec. 18, 2018; Apr. 2, 2019>
[This Article Wholly Amended on Dec. 14, 2007]
 Article 18-2 (Prohibition against Divulging Confidential Information)
Any person who performs or performed duties related to the health examination of teachers and staff and students under this Act shall neither divulge confidential information he or she becomes aware of in the course of performing his or her duties to other persons nor use such information for any purpose other than to perform his or her duties.
[This Article Newly Inserted on Dec. 30, 2013]
 Article 19 (Penalty Provisions)
(1) In violation of Article 18-2, a person who divulged confidential information he or she became aware of in the course of performing his or her duties to other persons or used them for any purpose other than to perform his or her duties shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Newly Inserted on Dec. 30, 2013>
(2) Deleted. <Feb. 3, 2016>
[This Article Wholly Amended on Dec. 14, 2007]
 Article 20 Deleted. <Dec. 31, 1998>
ADDENDUM <Act No. 1928, Mar. 30, 1967>
This Act shall enter into force 90 days after the date of its promulgation.
ADDENDUM <Act No. 3006, Jul. 23, 1977>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 3374, Feb. 28, 1981>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 4268, Dec. 27, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 4349, Mar. 8, 1991>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5069, Dec. 29, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 1996.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDUM <Act No. 5618, Dec. 31, 1998>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 6218, Jan. 28, 2000>
This Act shall enter into force on March 1, 2005.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 6716, Aug. 26, 2002>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Term of Validity) The amended provisions of Article 6 (1) 5 shall remain effective until December 31, 2004.
(3) (Special Cases concerning Establishment of Cleanup Zone) If a foreigners' organization registered with the Ministry of Education and Human Resources Development under Article 39 (1) of the previous Immigration Act (the one before the amendment by Act No. 5755) has obtained authorization for the establishment of a foreigners' school under Article 60-2 of the Elementary and Secondary Education Act by not later than December 31, 2002, Article 5 (1) shall not apply.
ADDENDA <Act No. 7120, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 7170, Feb. 9, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7396, Mar. 24, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 2, Articles 2-2, 4, 7, 7-2, 7-3, 8, 11 (1), 13, and 17, and the part on "health examination" in the amended provisions of Article 18 shall enter into force on January 1, 2006.
(2) (Transitional Measures concerning Bicycle Race Tracks) Any facilities established in the school environmental sanitation and cleanup zone as at the time this Act enters into force, which fall under the amended provisions of Article 6 (1) 13, shall be transferred or closed by not later than December 31, 2009: Provided, That the same shall not apply where such facilities are recognized by the superintendent of education or any person to whom the superintendent delegates his or her authority pursuant to the proviso of Article 6 (1) by December 31, 2005.
(3) (Transitional Measures concerning Physical Examination) The physical examination under the previous provisions as at the time this Act enters into force shall be deemed the health examination under the amended provisions of Article 7.
ADDENDA <Act No. 7700, Dec. 7, 2005>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Charnel Facilities) The amended provisions of Article 6 (1) 3 shall not apply to charnel facilities which have already been set up within a school environmental sanitation and cleanup zone as at the time this Act enters into force.
ADDENDA <Act No. 7799, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA <Act No. 8391, Apr. 27, 2007>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures concerning Establishment of Cleanup Zone on Existing Land Reserved for Establishment of School) With respect to a site for a school determined and publicly notified as part of the urban management plan pursuant to Article 30 of the National Land Planning and Utilization Act and a site secured for the establishment of a kindergarten pursuant to Article 8 of the Early Childhood Education Act and of a special school pursuant to Article 4 of the Elementary and Secondary Education Act as at the time this Act enters into force (in the case of a private kindergarten or special school, referring to a site on which the establishment of a private kindergarten or special school has been approved), the school environmental sanitation and cleanup zone under the amended provision of Article 5 (1) shall be established and publicly notified within 30 days after the enforcement of this Act.
(3) (Transitional Measures concerning Existing Facilities) Facilities falling under the provisions of Article 6 (1) 1 through 15 as facilities built in the school environmental sanitation and cleanup zone in land reserved for the establishment of a school as at the time this Act enters into force shall be moved or closed down before the opening date of the relevant school: Provided, That this shall not apply where approval from the superintendent of education or of any person delegated by the superintendent of education has been obtained pursuant to the proviso of Article 6 (1), and when there are facilities the relocation or closure of which are deemed substantially impracticable before the opening date of a school, the superintendent of education may formulate a separate plan to move or close down such facilities within five years from the opening date of the school.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8578, Aug. 3, 2007>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures concerning Existing Facilities) Game facilities falling under Article 6 (1) 13-3 as facilities built in the school environmental sanitation and cleanup zone as at the time this Act enters into force shall be moved or closed down before this Act enters into force: Provided, That this shall not apply where approval from the superintendent of education or any person delegated by the superintendent of education has been obtained pursuant to the proviso of Article 6 (1).
ADDENDUM <Act No. 8678, Dec. 14, 2007>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2, 4, 5, 6 (3), 6-2, and 19 shall enter into force on April 28, 2008; the amended provisions of Articles 6 (1) and 6-3 shall enter into force on August 4, 2008; and the amended provisions of Articles 9-2 and 15 (2) shall enter into force on March 1, 2009, respectively.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ... <omitted> ... among Acts amended pursuant to Article 6 of the Addenda, the amendments to any Act which was 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 the relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8912, Mar. 21, 2008>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 3 (b) of Article 2 shall enter into force on April 28, 2008.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
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. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11048, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 11220, Jan. 26, 2012>
This Act shall enter into force on April 1, 2012: Provided, That the amended provisions of subparagraph 3 (b) of Article 2 and Articles 6 (3) and 6-3 (2) shall enter into force on July 1, 2012. <Amended by Act No. 11386, Mar. 21, 2012>
ADDENDA <Act No. 11384, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Act No. 11386, Mar. 21, 2012>
This Act shall enter into force on April 1, 2012.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12131, Dec. 30, 2013>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 9-2, 18-2, and 19 (1) shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13879, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 13946, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measure concerning Penalty Provisions)
The previous provisions shall apply to the imposition of penalty provisions for acts committed before this Act enters into force.
ADDENDUM <Act No. 14055, Mar. 2, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 7 (6) shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14402, Dec. 20, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That, among Acts amended pursuant to Article 6 of the Addenda, the amendments to any Act, which was 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 the relevant Act.
Articles 2 through 7 Omitted.
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, among Acts amended pursuant to Article 5 of the Addenda, the amendments to any Act, which was 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 the relevant Act.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15043, Nov. 28, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15534, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2020: Provided, That ... <omitted> ... Article 2 (5) of the Addenda shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 15965, Dec. 18, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16304, Apr. 2, 2019>
Article 1 (Enforcement Date)
This shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Measured Figures)
The amended provisions of the latter part of Article 4 (6) shall begin to apply from the first figure measured after this Act enters into force.
ADDENDUM <Act No. 16339, Apr. 23, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16748, Dec. 10, 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 ··· <omitted> ··· the amendments to the Acts, which were promulgated before this Act enters into force but whose enforcement dates have not yet arrived, among the Acts amended by Article 4 of the Addenda, shall enter into force on the enforcement dates of the respective Acts
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17497, Oct. 20, 2020>
This Act shall enter into force on the date of its promulgation.