ENFORCEMENT DECREE OF THE INFECTIOUS DISEASE CONTROL AND PREVENTION ACT
Wholly Amended by Presidential Decree No. 22564, Dec. 29, 2010
Amended by Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 25448, Jul. 7, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 26024, Jan. 6, 2015
Presidential Decree No. 26865, Jan. 6, 2016
Presidential Decree No. 26916, Jan. 19, 2016
Presidential Decree No. 27277, Jun. 28, 2016
Presidential Decree No. 27445, Aug. 11, 2016
Presidential Decree No. 27971, Mar. 29, 2017
Presidential Decree No. 28070, May 29, 2017
Presidential Decree No. 28962, Jun. 12, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29950, Jul. 2, 2019
Presidential Decree No. 29961, Jul. 9, 2019
Presidential Decree No. 30596, Apr. 2, 2020
Presidential Decree No. 30743, Jun. 2, 2020
Presidential Decree No. 31013, Sep. 11, 2020
Presidential Decree No. 31112, Oct. 13, 2020
Presidential Decree No. 31320, Dec. 29, 2020
Presidential Decree No. 31681, May 11, 2021
Presidential Decree No. 31744, Jun. 8, 2021
Presidential Decree No. 31927, Aug. 3, 2021
Presidential Decree No. 32212, Dec. 14, 2021
Presidential Decree No. 32365, Jan. 25, 2022
Presidential Decree No. 33589, Jun. 27, 2023
Presidential Decree No. 33672, Aug. 18, 2023
Presidential Decree No. 33757, Sep. 26, 2023
Presidential Decree No. 34449, Apr. 23, 2024
Article 1-2 (Establishment and Operation of Organizations Supporting Infectious Disease Control Projects) |
(1) | Pursuant to Article 8 (1) of the Infectious Disease Control and Prevention Act (hereinafter referred to as the "Act"), the central organization supporting infectious disease control projects shall be established within the Korea Disease Control and Prevention Agency, and a City/Do organization supporting infectious disease control projects shall be established within the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do"), as determined by the Commissioner of Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020; Sep. 26, 2023> |
(2) | The members of the central organization supporting infectious disease control projects shall be commissioned by the Commissioner of Korea Disease Control and Prevention Agency from among any of the following persons: <Amended on Sep. 11, 2020> |
3. | A person with considerable knowledge and experience in the prevention and control of infectious diseases; |
4. | A person with considerable knowledge and experience in the areas of epidemiological investigation, disease control, etc.; |
5. | A person deemed by the Commissioner of Korea Disease Control and Prevention Agency as essential to supporting infectious disease control projects. |
(3) | If necessary for conducting its duties, the central organization supporting infectious disease control projects may request the relevant institutions, organizations, experts, etc. to submit materials, opinions, etc. |
(4) | The central organization supporting infectious disease control projects shall report the status of its activities, etc. to the Commissioner of Korea Disease Control and Prevention Agency, as determined by the Commissioner of Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
(5) | The Commissioner of Korea Disease Control and Prevention Agency may provide the central organization supporting infectious disease control projects with subsidies to cover the following costs within the budget: <Amended on Sep. 11, 2020> |
1. | Costs incurred in the collection of materials, investigation, analysis, consulting, etc.; |
2. | Travel expenses, allowances, etc. incurred in the promotion of domestic and international cooperative projects; |
3. | Other expenses the Commissioner of Korea Disease Control and Prevention Agency deems particularly necessary for conducting duties. |
(6) | Except as provided in paragraphs (2) through (5), details necessary for establishment, operation, subsidization, etc. of the central organization supporting infectious disease control projects shall be determined by the Commissioner of Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
(7) | Paragraphs (2) through (6) shall apply mutatis mutandis to commissioning of members, requests for submission of materials, reporting on the status of activities, subsidization, etc. of a City/Do organization supporting infectious disease control projects. In such cases, "Commissioner of Korea Disease Control and Prevention Agency" shall be construed as "Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and "central organization supporting infectious disease control projects" as "City/Do organization supporting infectious disease control projects". <Amended on Sep. 11, 2020; Sep. 26, 2023> |
[This Article Added on Jun. 28, 2016]
Article 1-3 (Designation of Infectious Disease Specialty Hospitals) |
(1) | A medical institution (referring to a medical institution prescribed in Article 3 of the Medical Service Act; hereinafter referred to as "medical institution") eligible to be designated as an infectious disease specialty hospital prescribed in Article 8-2 (1) of the Act (hereinafter referred to as the "central infectious disease hospital") shall be a medical institution the Minister of Health and Welfare determines and publicly notifies, among general hospitals or superior general hospitals prescribed in Article 3-3 or 3-4 of the Medical Service Act. |
(2) | The standards for designation of the central infectious disease hospital are as specified in Appendix 1. |
(3) | Where the Minister of Health and Welfare designates the central infectious disease hospital, he or she may apply conditions to the standards for designation, conduct of duties, etc. thereof. |
(4) | Where the Minister of Health and Welfare has designated the central infectious disease hospital, he or she shall deliver a certificate of designation and post the details of such designation on the website of the Ministry of Health and Welfare. |
(5) | The central infectious disease hospital shall report the status of performance of duties, etc. to the Minister of Health and Welfare each quarter, as prescribed by the Minister of Health and Welfare. |
(6) | The Minister of Health and Welfare may subsidize the central infectious disease hospital for building costs, operating costs, installation costs, etc., in consultation with the Minister of Economy and Finance under Article 8-2 (3) of the Act. |
(7) | Except as provided in paragraphs (3) through (6), details necessary for procedures for designation, subsidies for expenses, etc. of the central infectious disease hospital shall be determined and publicly notified by the Minister of Health and Welfare. |
[This Article Added on Jun. 28, 2016]
Article 1-4 (Designation of Regional Infectious Disease Specialty Hospitals) |
(1) | A medical institution eligible to be designated as a regional infectious disease specialty hospital under Article 8-2 (2) of the Act (hereinafter referred to as a "regional infectious disease hospital") shall be a medical institution determined and publicly notified by the Commissioner of Korea Disease Control and Prevention Agency among the general hospitals or superior general hospitals prescribed in Article 3-3 or 3-4 of the Medical Service Act. <Amended on Sep. 11, 2020> |
(2) | The standards for designating regional infectious disease hospitals are as prescribed in Appendix 1-2. |
(3) | Where the Commissioner of Korea Disease Control and Prevention Agency designates a regional infectious disease hospital under Article 8-2 (2) of the Act, he or she shall consider the following matters comprehensively: <Amended on Sep. 11, 2020> |
1. | The level of distribution of medical service resources in the relevant region; |
2. | The population and the range of habitat of the relevant region; |
3. | The frequency of outbreak and the level of control of infectious diseases in the relevant region; |
4. | The vicinity to harbors, airports, etc. in the relevant region; |
5. | Other matters deemed by the Commissioner of Korea Disease Control and Prevention Agency as particularly necessary in connection with the control of infectious diseases by region. |
(4) | If necessary to designate a regional infectious disease hospital, the Commissioner of Korea Disease Control and Prevention Agency may hear the opinions of the heads of local governments, relevant public institutions, organizations, etc. or request them to submit materials. <Amended on Sep. 11, 2020> |
(5) | Article 1-3 (3) through (7) shall apply mutatis mutandis to the public notice of detailed matters necessary for imposition of conditions of designation, delivery of certificates of designation, public announcement of the fact of designation, reporting on the progress of implementation of duties, subsidization, procedures for designation, etc. of regional infectious disease hospitals. In such cases, the "Minister of Health and Welfare" shall be construed as the "Commissioner of the Korea Disease Control and Prevention Agency", "central infectious disease hospitals" as "regional infectious disease hospitals', and the "Ministry of Health and Welfare" as the "Korea Disease Control and Prevention Agency", respectively. <Amended on Sep. 11, 2020> |
[This Article Added on Jun. 28, 2016]
Article 1-5 (Formulation of Measures for Controlling Resistant Bacteria) |
(1) | Where the Minister of Health and Welfare intends to change important matters the Minister of Health and Welfare determines among the matters included in the measures for controlling resistant bacteria prescribed in Article 8-3 (1) of the Act (hereinafter referred to as "measures for controlling resistant bacteria"), he or she shall submit such changes for deliberation by the Infectious Disease Control Committee prescribed in Article 9 (1) of the Act. |
(2) | Where the Minister of Health and Welfare formulates or changes measures for controlling resistant bacteria, he or she shall post such measures on the website of the Ministry of Health and Welfare and inform the heads of the relevant central administrative agencies, the President of the Health Insurance Review and Assessment Service under the National Health Insurance Act and the heads of other resistant bacteria-related institutions, corporations and organizations of the details thereof. |
(3) | Except as provided in paragraphs (1) and (2), detailed matters necessary for the formulation and change of measures for controlling resistant bacteria shall be determined by the Minister of Health and Welfare. |
[This Article Added on May 29, 2017]
Article 1-6 (Establishment and Operation of Emergency Operations Center) |
(1) | The Emergency Operations Center established pursuant to Article 8-5 of the Act (hereinafter referred to as "Emergency Operations Center") shall meet all the following requirements for establishment and operation: |
1. | Establishing an information and communications system for promptly collecting and disseminating information on infectious diseases, comprehensively managing emergency conditions related to infectious diseases, etc.; |
2. | Securing facilities and equipment for effectively responding to emergency conditions related to infectious diseases and a system for operating and managing such facilities and equipment; |
3. | Securing dedicated personnel necessary to operate the Emergency Operations Center around the clock; |
4. | Preparing operational regulations and work manuals to facilitate the operation of the Emergency Operations Center. |
(2) | Detailed matters related to establishing and operating the Emergency Operations Center shall be determined by the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
[This Article Added on Jun. 12, 2018]
Article 1-7 Deleted. <Aug. 18, 2023> |
Article 2 (Duties, and Terms of Office, of Members of Infectious Disease Control Committee) |
(1) | The Chairperson of the Infectious Disease Control Committee (hereinafter referred to as the "Committee") established under Article 9 (1) of the Act, shall represent the Committee and exercise general control over the administrative affairs thereof. <Amended on Jun. 28, 2016> |
(2) | The vice-chairperson of the Committee shall assist the Chairperson and act on the Chairperson's behalf if the Chairperson is unable to perform any of his or her duties due to an extenuating circumstance. |
(3) | The term of office of any commissioned member of the Committee shall be two years. |
(4) | If a vacancy occurs in the office of Committee member, the term of office of a member filling the vacancy shall be the remainder of his or her predecessor’s term of office. |
(1) | Committee meetings shall be convened upon request by the Commissioner of the Korea Disease Control and Prevention Agency or a majority of the members thereof, or by the Chairperson when he or she deems necessary. <Amended on Sep. 11, 2020> |
(2) | A majority of the members of the Committee shall constitute a quorum at Committee meetings and resolutions shall be passed with the concurrent vote of a majority of members present. |
(3) | Deleted. <Sep. 11, 2020> |
(4) | If deemed necessary for conducting its affairs, the Committee may request relevant public officials or experts to appear before the Committee to state their opinions. |
Article 4 (Executive Secretary) |
The Committee shall have one executive secretary to administer the clerical work thereof, who shall be appointed by the Chairperson from among public officials belonging to the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020>
Article 5 (Payment of Allowances) |
A member who attends a Committee meeting may be paid allowances and reimbursed for travel expenses, within the budget: Provided, That this shall not apply where a member who is a public official attends a Committee meeting directly in connection with any of his or her official duties.
Article 6 (Detailed Operating Rules) |
Except as otherwise expressly provided for in this Decree, matters necessary for operating the Committee shall be determined by the Chairperson, following a resolution by the Committee.
Article 7 (Composition of Advisory Committees) |
(1) | Pursuant to Article 10 (3) of the Act, the Committee shall establish the following advisory committees for each field: <Amended on Jan. 6, 2015; May 29, 2017; Apr. 2, 2020; Jun. 8, 2021; Oct. 4, 2022> |
1. | The advisory committee on vaccination; |
2. | The advisory committee on vaccination injury compensation; |
3. | The advisory committee on acquired immunodeficiency syndrome; |
4. | The advisory committee on tuberculosis; |
5. | The advisory committee on epidemiological investigation; |
6. | The advisory committee on zoonoses; |
6-2. | The advisory committee on infection related to medical care; |
7. | The advisory committee on infectious disease crisis control; |
7-2. | The advisory committee on diagnosis and analysis of infectious diseases; |
8. | The advisory committee on infectious disease research and planning; |
9. | The advisory committee on antibiotic resistance; |
10. | The advisory committee on quarantine. |
(2) | Each advisory committee shall be comprised of not exceeding 25 members, including one chairperson. <Amended on Apr. 2, 2020> |
(3) | The chairperson of each advisory committee shall be appointed by the Chairperson of the Committee, from among Committee members. |
(4) | Members of each advisory committee shall be appointed by the Chairperson of the Committee, from among Committee members, or commissioned by the Chairperson of the Committee, from among those recommended by the relevant academic society or organization or by Committee members. |
Article 8 (Meetings and Operation of Advisory Committees) |
(1) | Meetings of an advisory committee shall be convened upon request by the Chairperson of the Committee, by a majority of the members of the advisory committee, or by the chairperson of the advisory committee when he or she deems necessary. |
(2) | A majority of the members of an advisory committee shall constitute a quorum at committee meetings and resolutions shall be passed with the concurrent vote of a majority of members present. |
(3) | The chairperson of an advisory committee shall report the resolutions deliberated on and adopted by the advisory committee to the Chairperson of the Committee. <Amended on Jan. 6, 2015> |
(4) | Except as provided in this Decree, matters necessary for operating each advisory committee shall be determined by the chairperson of the advisory committee, following a resolution by the advisory committee. |
Article 9 (Other Zoonoses) |
"Other zoonoses prescribed by Presidential Decree" in Article 14 (1) 4 of the Act means animal influenza. <Amended on Jan. 6, 2016>
Article 10 (Public Institutions) |
"Public institutions prescribed by Presidential Decree" in the former part of Article 16 (7) of the Act means the Health Insurance Review and Assessment Service and the National Health Insurance Service established under the National Health Insurance Act. <Amended on Jan. 6, 2016>
Article 11 (Information to Be Provided) |
Information may be requested under Article 16 (7) of the Act may include the following: <Amended on Jan. 6, 2016> 1. | The name, resident registration number, gender, address, telephone number, occupation, name of infectious disease, date of onset of symptoms, and date of diagnosis of a patient of an infectious disease, a probable patient of an infectious disease, or a pathogen carrier (hereinafter referred to as "patient of an infectious disease, etc."); |
2. | The name, location, and telephone number of the medical institution that diagnosed the case of a patient of an infectious disease, etc. and the name of the physician who made such diagnosis. |
Article 12 (Details of Epidemiological Investigations) |
(1) | Matters to be identified through epidemiological investigations under Article 18 (1) of the Act shall be as follows: <Amended on Dec. 14, 2021> |
1. | The personal information of patients of an infectious disease, etc. and persons suspected of contracting an infectious disease; |
2. | The date and place where a patient, etc. was infected with an infectious disease; |
3. | The cause and route of infection for an infectious disease; |
4. | The medical records of patients of an infectious disease, etc. and persons suspected of contracting an infectious disease; |
5. | Other matters necessary to reveal the cause of an infectious disease. |
(2) | Matters to be identified through epidemiological investigations under Article 29 of the Act shall be as follows: |
1. | The personal information of persons showing adverse reactions to vaccinations; |
2. | The vaccination service institution, date of vaccination, and details of vaccination; |
3. | The record of medical treatment for adverse reactions to vaccinations; |
4. | The details of vaccines; |
5. | Other matters necessary to reveal the causes of adverse reactions to vaccinations. |
Article 13 (Timing of Epidemiological Investigations) |
An epidemiological investigation specified in Articles 18 (1) and 29 of the Act shall be conducted, upon occurrence of the relevant grounds therefor classified as follows: <Amended on Jun. 28, 2016; Sep. 11, 2020> 1. | Where the Commissioner of the Korea Disease Control and Prevention Agency is required to conduct an epidemiological investigation: |
(a) | Where the epidemiological investigation is to be conducted simultaneously in at least two Cities/Dos; |
(b) | Where an urgent investigation is necessary, as to the outbreak or prevalence of an infectious disease or adverse reactions to vaccinations; |
(c) | Where an epidemiological investigation conducted by a Mayor/Do Governor is deemed insufficient or it is deemed impracticable for a Mayor/Do Governor to conduct an epidemiological investigation; |
2. | Where a Mayor/Do Governor or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) is required to conduct an epidemiological investigation: |
(a) | Where an infectious disease is likely to occur and prevail within his or her jurisdiction; |
(b) | Where an infectious disease is likely to occur and prevail outside his or her jurisdiction, but suspected to have an epidemiological link within his or her jurisdiction; |
(c) | Where a case of an adverse reaction to a vaccination is found within his or her jurisdiction, thus making it necessary to conduct an investigation to identify the cause. |
Article 14 (Methods of Epidemiological Investigation) |
The methods of conducting epidemiological investigations under Articles 18 (1) and 29 of the Act shall be as set forth in Appendix 1-3. <Amended on Jun. 28, 2016>
Article 15 (Composition of Epidemiological Investigation Teams) |
(1) | To conduct an epidemiological investigation under Articles 18 (1) and 29 of the Act, the central epidemiological investigation team shall be established in the Korea Disease Control and Prevention Agency, a City/Do epidemiological investigation team in a City/Do; and a Si/Gun/Gu epidemiological investigation team in a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply). <Amended on Sep. 11, 2020> |
(2) | The central epidemiological investigation team shall be comprised of at least 30 members, and a City/Do epidemiological investigation team and a Si/Gun/Gu epidemiological investigation team shall be comprised of at least 10 members, respectively. <Amended on Jan. 6, 2016; Dec. 14, 2021> |
(3) | A disease control officer appointed under Article 60 of the Act or an epidemiological investigation officer appointed under Article 60-2 of the Act shall serve as the chief of an epidemiological investigation team. <Added on Dec. 14, 2021> |
(4) | The members of each epidemiological investigation team shall be appointed or commissioned by the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu respectively, from among the following persons: <Amended on Jan. 6, 2016; Sep. 11, 2020; Dec. 14, 2021; Aug. 18, 2023> |
1. | Public officials who take charge of disease control, epidemiological investigation, or vaccination services; |
2. | Epidemiological investigation officers or epidemiological investigation officer trainees under Article 60-2 of the Act; |
5. | Other experts, etc. in the field related to infectious diseases, etc., who are deemed necessary by the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu for conducting an epidemiological investigation. |
(5) | Each epidemiological investigation team shall be operated by dividing into two sections of infectious diseases and adverse reactions to vaccinations, and matters necessary for the sectional operation shall be determined by the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020; Dec. 14, 2021> |
Article 16 (Functions of Epidemiological Investigation Teams) |
(1) | The functions of each epidemiological investigation team shall be as follows: |
1. | The central epidemiological investigation team: |
(a) | Formulating, implementing, and evaluating an epidemiological investigation plan; |
(b) | Developing the standards and methods for conducting epidemiological investigations; |
(c) | Providing education and training for City/Do epidemiological investigation teams and Si/Gun/Gu epidemiological investigation teams; |
(d) | Conducting epidemiological research on infectious diseases; |
(e) | Collecting, analyzing, and providing for both the cases of outbreak and prevalence of infectious diseases and the cases of adverse reactions to vaccinations; |
(f) | Providing technical guidance for and evaluation of City/Do epidemiological investigation teams; |
2. | City/Do epidemiological investigation teams: |
(a) | Formulating, implementing, and evaluating an epidemiological investigation plan for each jurisdiction; |
(b) | Developing detailed standards and methods for conducting epidemiological investigations in each jurisdiction; |
(c) | Reporting the findings of epidemiological investigations in each jurisdiction, to the central epidemiological investigation team; |
(d) | Collecting, analyzing, and providing for both the cases of outbreak and prevalence of infectious diseases, and for the cases of adverse reactions to vaccinations in each jurisdiction; |
(e) | Providing technical guidance for and evaluation of Si/Gun/Gu epidemiological investigation teams; |
3. | Si/Gun/Gu epidemiological investigation teams: |
(a) | Formulating and implementing an epidemiological investigation plan for each jurisdiction; |
(b) | Reporting the findings of epidemiological investigations in each jurisdiction, to the relevant City/Do epidemiological investigation team; |
(c) | Collecting, analyzing, and providing for both the cases of outbreak and prevalence of infectious diseases and the cases of adverse reactions to vaccinations in each jurisdiction. |
(2) | Each epidemiological investigation team member who conducts an epidemiological investigation shall carry a certificate of epidemiological investigator prescribed by Ministerial Decree of Health and Welfare, and produce it to interested parties. |
(3) | The Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may pay allowances and travel expenses incurred in epidemiological investigative activities, within the budget, to epidemiological investigation team members. <Amended on Sep. 11, 2020> |
Article 16-2 (Institutions or Organizations Required to Present Materials) |
"Institution or organization, etc. prescribed by Presidential Decree" in Article 18-4 (1) of the Act means the following: <Amended on Jun. 28, 2016> 1. | A medical institution; |
[This Article Added on Jan. 6, 2016]
Article 16-3 (Extent of Request for Assistance) |
The Commissioner of the Korea Disease Control and Prevention Agency may request the head of a relevant central administrative agency to dispatch its personnel and provide goods necessary for conducting an epidemiological investigation, to manage persons and institutions subject to epidemiological investigations, to conduct an examination and analyze information for identifying the source and route of infection, and provide other necessary assistance, pursuant to Article 18-4 (3) of the Act. <Amended on Sep. 11, 2020; Aug. 18, 2023> [This Article Added on Jan. 6, 2016]
Article 17 Deleted. <Jun. 2, 2020> |
Article 18 (Matters for Report on Modification of Permission for Introducing High-Risk Pathogens) |
"Minor matters prescribed by Presidential Decree" in the proviso of Article 22 (2) of the Act means the following: <Amended on Jun. 2, 2020> 1. | The name, address and contact information of the person (limited to natural persons) permitted to introduce high-risk pathogens; |
2. | The name, address and contact information of the person (limited to legal persons) permitted to introduce high-risk pathogens and the name and contact address of the representative thereof; |
3. | The name, position and contact information of the manager who takes exclusive charge of high-risk pathogens. |
Article 19 (Designation of Place to Acquire High-Risk Pathogens) |
A person who intends to acquire and transfer high-risk pathogens under Article 22 (3) of the Act shall designate the place of acquisition from among the places determined by the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020>
Article 19-2 (Permission for and Report on Establishment and Operation of High-Risk Pathogen Handling Facilities) |
(1) | The classification of safety control grades of high-risk pathogen handling facilities under Article 23 (1) of the Act (hereinafter referred to as "high-risk pathogen handling facilities") as well as high-risk pathogen handling facilities subject to permission or reporting shall be as specified in Appendix 1-4. <Amended on Jun. 2, 2020> |
(2) | The Commissioner of the Korea Disease Control and Prevention Agency shall determine and publicly notify the standards for permitting or accepting reports on the establishment and operation of high-risk pathogen handling facilities with regard to each of the following matters by safety control grade of high-risk pathogen handling facilities: <Amended on Jun. 2, 2020; Sep. 11, 2020> |
1. | The types of high-risk pathogen handling facilities; |
2. | The equipment, personnel, and safety control necessary to inspect, possess, manage and transport high-risk pathogens; |
3. | The equipment, personnel, and safety control for facilities that can prevent harm to the human body during the process of inspecting, possessing, managing or transporting high-risk pathogens (hereinafter referred to as "facilities for preventing health harm"). |
(3) | Any person who intends to establish and operate a high-risk pathogen handling facility subject to permission prescribed in Article 23 (2) of the Act and Appendix 1-4 shall submit to the Commissioner of the Korea Disease Control and Prevention Agency an application for permission prescribed by Ministerial Decree of Health and Welfare, along with the following documents: <Amended on Sep. 11, 2020> |
1. | Drawings and specifications of the high-risk pathogen handling facility or a copy thereof; |
2. | Documents certifying the scope of the high-risk pathogen handling facility, and the ownership or use rights thereto; |
3. | Basic drawings and specifications of a facility for preventing health harm, or a copy thereof; |
4. | Documents certifying compliance with the standards for permission prescribed in paragraph (2). |
(4) | The Commissioner of the Korea Disease Control and Prevention Agency shall notify the applicant of whether permission is to be granted within 60 days from the date of receiving the application for permission referred to in paragraph (3). In such cases, when granting permission, the Minister of Health and Welfare shall issue a permit to establish and operate the high-risk pathogen handling facility prescribed by Ministerial Decree of Health and Welfare. <Amended on Sep. 11, 2020> |
(5) | Any person who intends to establish and operate a high-risk pathogen handling facility subject to reporting under Article 23 (2) of the Act and Appendix 1-4 shall submit to the Commissioner of the Korea Disease Control and Prevention Agency a report prescribed by Ministerial Decree of Health and Welfare, along with the following documents: <Amended on Sep. 11, 2020> |
1. | Documents certifying compliance with the standards for accepting reports prescribed in paragraph (2); |
2. | Documents prescribed in paragraph (3) 1 through 3. |
(6) | The Commissioner of the Korea Disease Control and Prevention Agency shall notify the applicant of whether his or her report is to be accepted within 60 days from the date of receiving the report referred to in paragraph (5). In such cases, when accepting the report, the Commissioner of the Korea Disease Control and Prevention Agency shall issue a certificate of report on the establishment and operation of the high-risk pathogen handling facility prescribed by Ministerial Decree of Health and Welfare. <Amended on Sep. 11, 2020> |
[This Article Added on Jun. 12, 2018]
Article 19-3 (Permission for Changes to High-Risk Pathogens Handling Facilities) |
(1) | Any person who intends to obtain permission for changes pursuant to the main clause of Article 23 (3) of the Act shall submit a written application for permission for changes prescribed by Ministerial Decree of Health and Welfare, along with documents certifying the grounds and details of the relevant changes of permitted matters, to the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
(2) | The Commissioner of the Korea Disease Control and Prevention Agency shall notify the applicant of whether permission for changes is to be granted within 60 days from the date of receiving the application for permission for changes referred to in paragraph (1). In such cases, when granting permission for changes, the Commissioner of the Korea Disease Control and Prevention Agency shall issue a permit for changes prescribed by Ministerial Decree of Health and Welfare. <Amended on Sep. 11, 2020> |
(3) | "Minor matters prescribed by Presidential Decree" in the proviso of Article 23 (3) of the Act means any of the following: |
1. | The name, address and contact information of a person who establishes and operates the high-risk pathogen handling facility (limited to natural persons); |
2. | The name, address and contact information of a person who establishes and operates the high-risk pathogen handling facility (limited to corporations), and the name and contact information of the representative thereof; |
3. | The name and address of a person responsible for establishing and operating the high-risk pathogen handling facility referred to in Article 19-6 (1) 1, a manager in the exclusive charge of high-risk pathogens, and a person responsible for biological safety control. |
(4) | Any person who intends to report changes pursuant to the proviso of Article 23 (3) of the Act shall submit a report on changes of permitted matters prescribed by Ministerial Decree of Health and Welfare to the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
(5) | Upon receipt of a report on changes of permitted matters under paragraph (4), the Commissioner of the Korea Disease Control and Prevention Agency shall issue a certificate of report on changes prescribed by Ministerial Decree of Health and Welfare. <Amended on Sep. 11, 2020> |
[This Article Added on Jun. 12, 2018]
Article 19-4 (Report on Changes to High-Risk Pathogen Handling Facilities) |
(1) | Any person who intends to report changes pursuant to Article 23 (4) of the Act shall submit a report on changes prescribed by Ministerial Decree of Health and Welfare to the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
(2) | The Commissioner of the Korea Disease Control and Prevention Agency shall notify the applicant of whether the report on changes filed under paragraph (1) is to be accepted, within 60 days from receipt of the report on changes. In such cases, if the report is to be accepted, the Commissioner of the Korea Disease Control and Prevention Agency shall issue a certificate of report on changes prescribed by Ministerial Decree of Health and Welfare. <Amended on Jun. 2, 2020; Sep. 11, 2020> |
[This Article Added on Jun. 12, 2018]
Article 19-5 (Report on Closure of High-Risk Pathogen Handling Facilities) |
(1) | Any person who intends to report the closure of a high-risk pathogen handling facility pursuant to Article 23 (5) of the Act shall submit a closure report prescribed by Ministerial Decree of Health and Welfare, along with documents certifying the disposal of high-risk pathogens, to the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
(2) | The Commissioner of the Korea Disease Control and Prevention Agency shall notify the reporter of whether his or her report is to be accepted within 10 days from the date of receiving the closure report referred to in paragraph (1). In such cases, when accepting the report, the Minister of Health and Welfare shall issue a certificate of the closure report prescribed by Ministerial Decree of Health and Welfare. <Amended on Sep. 11, 2020> |
(3) | Where the high-risk pathogen handling facility is closed pursuant to Article 23 (5) of the Act, the Commissioner of the Korea Disease Control and Prevention Agency shall determine and publicly notify the methods, procedures, etc. for closing the high-risk pathogen handling facility, such as disinfecting high-risk pathogen handling facilities and disposing of high-risk pathogens. <Amended on Sep. 11, 2020> |
[This Article Added on Jun. 12, 2018]
Article 19-6 (Safety Control Guidelines regarding Establishment and Operation of High-Risk Pathogen Handling Facilities) |
(1) | "Safety control guidelines prescribed by Presidential Decree" in Article 23 (7) of the Act means the following: <Amended on Apr. 2, 2020; Jun. 2, 2020> |
1. | There shall be a person responsible for establishing and operating a high-risk pathogen handling facility, a manager in the exclusive charge of high-risk pathogens, and a person responsible for biological safety control; |
2. | He or she shall establish and operate a deliberative body composed of external experts, persons responsible for biological safety control, etc. at a high-risk pathogen handling facility in order to deliberate on matters related to safety control concerning the inspection, possession, management, and transport of high-risk pathogens; |
3. | Any high-risk pathogen shall be stored in a storage unit container indicating the relevant information, such as the name of high-risk pathogen, identification number including control number, and the date of manufacture, which shall be kept in a separate storage box or storage equipment with a locking device; |
4. | He or she shall operate a security system to control access to any area for handling or storing high-risk pathogens and to check the handling of high-risk pathogens; |
5. | Where He or she intends to use any high-risk pathogen after inactivating it (referring to treatment that permanently prevents its survival without disposing of it), he or she shall undergo deliberation by the deliberative body referred to in subparagraph 2; |
6. | He or she shall comply with the standards for granting permission and accepting reports prescribed in Article 19-2 (2). |
(2) | Except as provided in paragraph (1), the details of safety control and matters pertaining to the composition, operation, etc. of the deliberative body referred to in paragraph (1) 2 shall be determined and publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
[This Article Added on Jun. 12, 2018]
Article 19-7 (Supplement of Documents Submitted for Permission for or Report on High-Risk Pathogen Handling Facilities) |
Where the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary to supplement documents submitted for the purpose of obtaining permission for or reporting on the establishment and operation of a high-risk pathogen handling facility pursuant to Article 19-2; obtaining permission for or reporting on any modification of permitted matters regarding the establishment and operation of a high-risk pathogen handling facility pursuant to Article 19-3; reporting any modification of a high-risk pathogen handling facility pursuant to Article 19-4; or reporting the closure of a high-risk pathogen handling facility pursuant to Article 19-5, the Commissioner of the Korea Disease Control and Prevention Agency may require the submission of necessary documents for a specified period not exceeding 30 days. In such cases, the period for supplementation of documents shall be excluded from the period for determination prescribed in Articles 19-2 (4) and (6), 19-3 (2), and 19-5 (2). <Amended on Sep. 11, 2020> [This Article Added on Jun. 12, 2018]
Article 19-8 (Matters Requiring Follow-Up Permission for Possessing Infectious Pathogens Spread through Bioterrorism) |
"Unavoidable cause prescribed by Presidential Decree" in the proviso of Article 23-3 (1) of the Act means any of the following cases where there is no intention to separate infectious pathogens spread through bioterrorism (hereinafter referred to as "infectious pathogens spread through bioterrorism") referred to in the main clause of the same paragraph: 1. | Where the infectious pathogens spread through bioterrorism are separated in the process of diagnosing diseases of patients of an infectious disease, etc. and is possessed; |
2. | Where the infectious pathogens spread through bioterrorism are separated in the process of diagnosing diseases of animals or plants and is possessed; |
3. | Where the infectious pathogens spread through bioterrorism are separated from environmental specimens such as food or soil and is possessed. |
[This Article Added on Jun. 2, 2020]
Article 19-9 (Matters for Report on Changes of Permission for Possessing Infectious Pathogens Spread through Bioterrorism) |
"Minor matter prescribed by Presidential Decree" in the proviso of Article 23-3 (3) of the Act means the following: 1. | The name, address and contact information of a person (limited to natural persons) who obtains permission for possessing pathogens of infectious disease spread through bioterrorism; |
2. | The name, address and contact information of a person (limited to legal persons) who obtains permission for possessing pathogens of infectious disease spread through bioterrorism and the name and contact information of the representative thereof; |
3. | The name, position and contact information of the manager who takes exclusive charge of high-risk pathogens. |
[This Article Added on Jun. 2, 2020]
Article 20 (Entrustment of Vaccination Services) |
(1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor (excluding the Governor of a Self-Governing Province which has a local government Si or Gun under its jurisdiction; hereinafter the same shall apply) or the head of a Si/Gun/Gu may entrust vaccination services that are beyond the capability of public health centers or for residents, etc. having difficulty visiting public health centers under Articles 24 (2) and 25 (2) of the Act, to medical institutions designated by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu, from among the following medical institutions. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu shall publicly announce the institutions so entrusted. <Amended on Aug. 3, 2021; Aug. 18, 2023> |
(2) | When entrusting vaccination services under paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall prepare an entrustment contract providing for each of the following: <Added on Jan. 6, 2015; Aug. 18, 2023> |
1. | The scope of the vaccination services entrusted; |
2. | The period for the entrustment contract; |
3. | The terms and conditions of the entrustment contract; |
4. | The cancellation of the entrustment contract. |
(3) | Matters necessary for the procedures, etc. for calculation and reimbursement of vaccination expenses incurred in vaccination services entrusted under paragraph (1) shall be determined and publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Jan. 6, 2015; Sep. 11, 2020> |
Article 20-2 (Pre-Checking of Vaccination Records) |
The director of each public health center that provides vaccination services under Articles 24 (1) and 25 (1) of the Act and the head of each medical institution entrusted with vaccination services under Article 24 (2) (including where the said Article applies mutatis mutandis in Article 25 (2) of the Act) of the Act (hereinafter referred to as the "director of each public health center, etc.") shall obtain written consent from those who intend to be vaccinated or from their legal representatives on the following matters under the main clause of Article 26-2 (1) of the Act: 1. | The fact that they have confirmed the details of the vaccination; |
2. | The method of confirming the details of the vaccination. |
[This Article Added on Jun. 28, 2016]
Article 21 (Organization of Vaccination Injury Investigation Teams) |
(1) | A vaccination injury investigation team prescribed in Article 30 (1) of the Act (hereafter in this Article referred to as "injury investigation team") may be established in multiple numbers, if necessary, taking into account the number, etc. of occurrence of adverse reactions to vaccinations against infectious diseases. <Added on Aug. 3, 2021> |
(2) | An injury investigation team shall be comprised of not more than 10 members. <Amended on Aug. 3, 2021> |
(3) | The members of an injury investigation team shall be appointed or commissioned by the Commissioner of the Korea Disease Control and Prevention Agency from among public officials under his or her control or any of the following persons: <Amended on Sep. 11, 2020; Aug. 3, 2021> |
1. | Experts in the field of vaccination and adverse reactions to vaccinations; |
(4) | An injury investigation team shall investigate the following matters and report the findings of investigation to the advisory committee on vaccination injury compensation: <Amended on Aug. 3, 2021> |
1. | The evaluation and supplementation of the findings of a basic investigation submitted by a Mayor/Do Governor under Article 31 (2); |
2. | The intention or negligence on the part of a third party provided for in Article 72 (1) of the Act; |
3. | Other matters determined by the advisory committee on vaccination injury compensation in relation to vaccination injury compensation. |
(5) | An injury investigation team member who conducts an injury investigation under paragraph (4) shall carry a certificate of vaccination injury investigator prescribed by Ministerial Decree of Health and Welfare, and present it to relevant persons. <Amended on Aug. 3, 2021> |
(6) | The Commissioner of the Korea Disease Control and Prevention Agency may pay allowances and travel expenses incurred in conducting injury investigations to injury investigation team members, within the budget. <Amended on Sep. 11, 2020; Aug. 3, 2021> |
(7) | Detailed matters regarding the operation of an injury investigation team shall be determined by the Commissioner of the Korea Disease Control and Prevention Agency, following a resolution by the advisory committee on vaccination injury compensation. <Amended on Sep. 11, 2020; Aug. 3, 2021> |
Article 21-2 (Persons Eligible for Subsidies for Vaccination Leave) |
(1) | For subsidization of paid leave under Article 32-2 (1) of the Act and subsidization of unused paid leave under paragraph (2) of that Article, all of the following requirements shall be satisfied: |
2. | An employer under paragraph (2) has granted paid leave to his or her employee who received special vaccination pursuant to Article 25 of the Act, or a person falling under paragraph (3) has not taken paid leave after receiving special vaccination under Article 25 of the Act. |
(2) | An employer employing not more than four regular employees shall be subsidized under the latter part of Article 32-2 (1) of the Act. |
(3) | Any of the following persons shall be subsidized under Article 32-2 (2) of the Act: |
(4) | The scope of subsidization of paid leave under paragraph (2) and the scope of subsidization of unused paid leave under paragraph (3) shall be limited to cover expenses for one day of paid leave: Provided, That no subsidy shall be provided, where the day following the vaccination day is neither a working day nor a labor-providing day. |
(5) | The standard amount of subsidies shall be publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency after consultation with the Minister of Economy and Finance. |
[This Article Added on Aug. 18, 2023]
[Previous Article 21-2 moved to Article 21-4 <Aug. 18, 2023>]
Article 21-3 (Procedures for Subsidization of Vaccination Leave) |
(1) | An employer who intends to be subsidized under the latter part of Article 32-2 (1) of the Act shall submit a written application prescribed by Ministerial Decree of Health and Welfare (including an application in electronic form) to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, along with the following documents (including documents in electronic form): |
1. | A document verifying that the relevant employee was vaccinated and that the day following the date of vaccination was a working day; |
2. | A document evidencing that the relevant employee remains employed on the day following vaccination; |
3. | A document evidencing the grant of paid leave to the relevant employee; |
4. | Other documents deemed necessary by the Commissioner of the Korea Disease Control and Prevention Agency for subsidization of paid leave. |
(2) | An artist or a worker who intends to be subsidized under Article 32-2 (2) of the Act shall submit a written application prescribed by Ministerial Decree of Health and Welfare (including an application in electronic form) to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu, along with the following documents (including documents in electronic form): |
1. | A document verifying that the relevant artist or worker was vaccinated and that the day following vaccination was the day of providing labor; |
2. | Any of the following documents: |
(a) | A document verifying that the relevant artist has been subsidized for employment insurance premiums under Article 21 of the Act on Employment and Industrial Accident Premium Collection applied mutatis mutandis pursuant to Article 48-2 (8) 3 of that Act; |
(b) | A document verifying that the relevant worker has been subsidized for employment insurance premiums under Article 21 of the Act on Employment and Industrial Accident Premium Collection applied mutatis mutandis pursuant to Article 48-3 (8) 3 of that Act; |
3. | Other documents deemed necessary by the Commissioner of the Korea Disease Control and Prevention Agency for subsidization of non-use of paid leave. |
(3) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu receives a written application under paragraph (1), he or she shall verify the business registration certificate (referring to the business registration certificate with his or her resident registration number omitted; hereinafter the same shall apply) through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That any employer who does not give consent thereto shall be required to attach the relevant documents. <Amended on Apr. 23, 2024> |
(4) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu receives a written application under paragraph (1) or (2), he or she shall determine whether to grant subsidies and inform the relevant applicant thereof in writing. |
(5) | Except as provided in paragraphs (1) through (4), matters necessary for the procedures for applying for subsidies for paid leave and subsidies for unused paid leave, and notification of the results thereof shall be prescribed by Ministerial Decree of Health and Welfare. |
[This Article Added on Aug. 18, 2023]
[Previous Article 21-3 moved to Article 21-5 <Aug. 18, 2023>]
Article 21-4 (Personal Information of Persons Eligible for Vaccination) |
(1) | The personal information details of those eligible for vaccination, which the Commissioner of the Korea Disease Control and Prevention Agency may request from the relevant institutions and organizations under Article 33-4 (2) 1 of the Act, shall be as follows: <Amended on Jun. 12, 2018; Jun. 2, 2020; Sep. 11, 2020; Aug. 3, 2021> |
1. | Where a person eligible for vaccination is a national: The following materials: |
(a) | The name, resident registration number, address, and phone number (including mobile phone number) of a person eligible for vaccination; |
(b) | The following details on to which a person eligible for vaccination belongs: |
(c) | The following details of a person eligible for vaccination: |
(iii) | Whether a person eligible for vaccination is a recipient prescribed in subparagraph 2 of Article 2 of the National Basic Living Security Act (including persons of the second lowest income bracket prescribed in subparagraph 10 of the same Article) or a child of such recipient; |
2. | Where a person eligible for vaccination is a foreigner or a foreign nationality Korean: The following materials: |
3. | Other information on the personal information of those eligible for vaccination, which the Commissioner of Korea Disease Control and Prevention Agency deems particularly necessary and publicly notify in connection with conducting vaccination services. |
(2) | Materials necessary for the Commissioner of Korea Disease Control and Prevention Agency to perform vaccination services under Article 33-4 (2) 3 of the Act and may be requested from the relevant institutions and organizations are as follows: <Amended on Jun. 2, 2020; Sep. 11, 2020; Sep. 26, 2023> |
1. | Information on the establishment of a medical institution entrusted with vaccination services under Article 24 (2) of the Act (including where the said Article applies mutatis mutandis in Article 25 (2) of the Act); |
1-2. | Data on the details of reports and reports on adverse reactions to vaccinations under Articles 11 and 13 of the Act; |
1-3. | Data on the details of epidemiological investigations on vaccinations under Article 29 of the Act; |
2. | Data on the details of a request for compensation for damage caused by vaccination under Article 71 of the Act; |
3. | Information on the control, etc. of diseases or illness, or infectious diseases for which vaccination is impracticable. |
[This Article Added on Jun. 28, 2016]
[Moved from Article 21-2; previous Article 21-4 moved to Article 21-6 <Aug. 18, 2023>]
Article 21-5 (Input of Vaccination Information) |
Where the director of a public health center, etc. provides a vaccination service, he or she shall, without delay, input the following information into the Integrated Vaccination Management System prescribed in Article 33-4 (1) of the Act (hereinafter referred to as the "integrated management system") pursuant to Article 33-4 (3) of the Act: <Amended on Jun. 2, 2020> 1. | The following information on persons vaccinated: |
(b) | Resident registration number: Provided, That where the person vaccinated is a foreigner or a foreign nationality Korean, it refers to the foreigner registration number or the domestic residence report number; |
2. | The following information on the details of vaccination: |
(b) | Number of vaccination; |
(c) | Date/month/year of vaccination; |
(d) | Name of the vaccine used in vaccination; |
(e) | Names of the physician who made a preliminary diagnosis and the physician who vaccinated. |
[This Article Added on Jun. 28, 2016]
[Moved from Article 21-3 <Aug. 18, 2023>]
Article 21-6 (Provision of Details of Vaccination) |
(1) | Where the Commissioner of the Korea Disease Control and Prevention Agency provides the parents of children eligible for vaccination with the details of vaccination under the former part of Article 33-4 (4) of the Act, he or she shall do so by means of perusal through the integrated management system: Provided, That where the Commissioner of the Korea Disease Control and Prevention Agency deems it necessary, such details may be provided by text message, electronic mail, telephone, mail, or other methods equivalent thereto. <Amended on Jun. 2, 2020; Sep. 11, 2020> |
(2) | Where the Commissioner of the Korea Disease Control and Prevention Agency issues a certificate of vaccination under the former part of Article 33-4 (4) of the Act, he or she may issue such certificate directly through the integrated management system as prescribed by the Commissioner of the Korea Disease Control and Prevention Agency, or issue such certificate in connection with an electronic civil petition window referred to in Article 12-2 (3) of the Civil Petitions Treatment Act. <Amended on Jun. 2, 2020; Sep. 11, 2020; Jul. 11, 2022> |
[This Article Added on Jun. 28, 2016]
[Moved from Article 21-4 <Aug. 18, 2023>]
Article 22 (Procedures for Formulating Crisis Control Measures against Infectious Diseases) |
(1) | The Minister of Health and Welfare and the Commissioner of the Korea Disease Control and Prevention Agency may request relevant administrative agencies, local governments, or public institutions, etc. prescribed in Article 4 of the Act on the Management of Public Institutions to submit materials, in order to formulate crisis control measures against infectious diseases under Article 34 (1) of the Act. <Amended on Sep. 11, 2020> |
(2) | The Minister of Health and Welfare and the Commissioner of the Korea Disease Control and Prevention Agency shall notify the heads of the relevant central administrative agencies of the crisis control measures against infectious diseases formulated under Article 34 (1) of the Act. <Amended on Sep. 11, 2020> |
Article 22-2 (Information Excluded from Disclosure during Infectious Disease Emergencies) |
(1) | "Information prescribed by Presidential Decree" in Article 34-2 (1) of the Act means the following information: |
2. | Address of a domicile of an Eup/Myeon/Dong or lower level of district; |
3. | Other information determined by the Commissioner of the Korea Disease Control and Prevention Agency as unrelated to the prevention of infectious diseases, taking into consideration the characteristics of each infectious disease. |
(2) | Where the Commissioner of the Korea Disease Control and Prevention Agency has determined information not related to the prevention of infectious diseases pursuant to paragraph (1) 3, he or she shall publish the details of such unrelated information on the website of the Korea Disease Control and Prevention Agency and inform the Mayor/Do Governor and the head of a Si/Gun/Gu thereof. |
[This Article Added on Dec. 29, 2020]
Article 22-3 (Integrated Infectious Disease Control Information System) |
1. | Where patients of an infectious disease, etc. are nationals of the Republic of Korea: Name, resident registration number, address, occupation, and contact information; |
2. | Where patients of an infectious disease, etc. are foreigners: Matters to be registered by aliens and contact information under each subparagraph of Article 32 of the Immigration Act; |
(2) | "Data prescribed by Presidential Decree" in Article 40-5 (2) 2 of the Act means the following data: |
1. | Data collected through reporting and notification under Articles 11 through 14 of the Act; |
2. | Data regarding the sentinel surveillance of infectious diseases under the former part of Article 16 (2) of the Act; |
3. | Information about the results of epidemiological investigations conducted under the main clause of Article 18 (1) of the Act; |
4. | Information on patients of an infectious disease, etc. and persons suspected of contracting an infectious disease, which is collected under Article 76-2 (1) and (2) of the Act; |
5. | Data regarding the current status of the following medical resources in each medical institution: |
(c) | Medical facilities, equipment, and products; |
6. | Other data determined and publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency, which are necessary for prevention, control, and treatment of patients of an infectious disease, etc. |
(3) | "Information systems prescribed by Presidential Decree" in Article 40-5 (3) 6 of the Act means the following information systems: <Amended on Jun. 27, 2023> |
1. | The integrated management system; |
11. | The information system processing immigration control data under the Immigration Act; |
12. | Other information systems that the Commissioner of the Korea Disease Control and Prevention Agency deems necessary for the prevention, control, and treatment of patients of an infectious disease, etc. |
[This Article Added on Dec. 29, 2020]
Article 23 (Methods and Procedures for Treatment and Quarantine or Isolation) |
Methods, procedures, etc. for hospital treatment, self-treatment, and facility treatment under Article 41 (1) and (2) of the Act, and for home quarantine or institutional quarantine or isolation under Article 42 (2) of the Act shall be as specified in Appendix 2. <Amended on Jun. 2, 2020; Oct. 13; 2020> [Title Amended on Jun. 2, 2020]
Article 23-2 (Methods of and Procedures for Transfer) |
(1) | Where the head of an infectious disease control institution, etc. prescribed in Article 41 (1) of the Act (hereinafter referred to as "infectious disease control institution, etc."), the head of a medical institution which is not an infectious disease control institution, etc., or the head of a facility established and operated pursuant to Article 37 (1) 2 of the Act (hereafter referred to as "facility" in this Article) falls under any subparagraph of Article 41 (3) of the Act, he or she may request the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor and the head of the competent Si/Gun/Gu to take measures, such as transfer or relocation of persons receiving medical treatment at the relevant institutions under paragraph (1) or (2) of the same Article to another medical institution or facility under paragraph (3) of the same Article (hereinafter referred to "transfer, etc."). <Amended on Aug. 18, 2023> |
(2) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu falls in any of the following cases, he or she may take measures of transfer, etc. within his or her jurisdiction: <Amended on Aug. 18, 2023> |
1. | If the person has received a request for transfer, etc. pursuant to paragraph (1); |
2. | Cases falling under any subparagraph of Article 41 (3) of the Act, where it is deemed necessary to take measures of transfer, etc. of a person who is undergoing self-treatment within the jurisdiction. |
(3) | Where it is difficult to take measures of transfer, etc. pursuant to paragraph (2) due to the shortage of isolation beds and facilities within the jurisdiction, the head of a Si/Gun/Gu may request the Mayor/Do Governor having jurisdiction over the relevant Si/Gun/Gu to take measures of transfer, etc. |
(4) | Where a Mayor/Do Governor is requested to take measures of transfer, etc. pursuant to paragraph (3), he or she may take measures of transfer, etc. among Sis/Guns/Gus within the jurisdiction. |
(5) | The head of an infectious disease control institution, etc., the head of a medical institution which is not an infectious disease control institution, etc., the head of a facility, or the Mayor/Do Governor may request the Minister of Health and Welfare or the Commissioner of the Korea Disease Control and Prevention Agency to take measures of transfer, etc. in accordance with the following classification: <Amended on Dec. 29, 2020> |
1. | The head of an infectious disease control institution, etc., the head of a medical institution which is not an infectious disease control institution, etc., or the head of a facility: Where measures of transfer, etc. between Cities/Dos are urgently needed, notwithstanding paragraph (1); |
2. | A Mayor/Do Governor: Where it is difficult to take measures of transfer, etc. under paragraph (4) due to the shortage of isolation beds and facilities within the jurisdiction. |
(6) | Where the Minister of Health and Welfare or the Commissioner of the Korea Disease Control and Prevention Agency is requested to take measures of transfer, etc. pursuant to paragraph (5), he or she may take measures of transfer, etc. between Cities/Dos. <Amended on Dec. 29, 2020> |
(7) | When measures of transfer, etc. are decided for a person domiciled in the jurisdiction pursuant to paragraph (2), (4), or (6), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall send persons subject to transfer, etc. and their guardians, a notice of hospitalization or quarantine or isolation specifying the change of the place of hospitalization or quarantine or isolation. <Amended on Aug. 18, 2023> |
(8) | Where any person under medical treatment in the relevant institution is transferred to another medical institution or relocated to another facility, the head of an infectious disease control institution, etc., the head of a medical institution which is not an infectious disease control institution, or the head of a facility shall provide information necessary for medical treatment, such as medical records, to the relevant medical institution or facility. |
(9) | Except as provided in paragraphs (1) through (8), matters necessary for transfer, etc. shall be determined and publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency. |
[This Article Added on Oct. 13, 2020]
[Previous Article 23-2 moved to Article 23-3 <Oct. 13, 2020>]
Article 23-3 (Providing Subsidies for Paid Leave) |
(1) | Subsidies for paid leave provided to employers under Article 41-2 (3) of the Act shall be in the amount calculated by multiplying the amount publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency in consultation with the Minister of Economy and Finance by the period during which an employee is hospitalized or quarantined or isolated under the Act. <Amended on Sep. 11, 2020> |
(2) | An employer who intends to be subsidized under Article 41-2 (3) of the Act shall submit a written application (including a written application in electronic document) prescribed by Ministerial Decree of Health and Welfare to the Commissioner of the Korea Disease Control and Prevention Agency along with the following documents (including electronic documents): <Amended on Sep. 11, 2020> |
1. | Documents verifying the fact that an employee is hospitalized, quarantined, or isolated and the period of such hospitalization or quarantine or isolation; |
2. | Documents evidencing that an employee continues to hold office, such as a certificate of employment; |
3. | Documents evidencing that the employer has given a paid leave to the relevant employee, such as a pay slip; |
4. | Other documents deemed particularly necessary by the Commissioner of the Korea Disease Control and Prevention Agency to provide subsidies for paid leave. |
(3) | Where the Commissioner of the Korea Disease Control and Prevention Agency receives a written application under paragraph (2), he or she shall verify the business registration certificate through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the relevant employer who does not give consent thereto shall be required to attach the relevant documents. <Amended on Sep. 11, 2020; Apr. 23, 2024> |
(4) | Where the Commissioner of the Korea Disease Control and Prevention Agency receives a written application under paragraph (2), he or she shall determine whether to grant subsidies for paid leave and the amount of subsidies, and inform the relevant employer thereof in writing. <Amended on Sep. 11, 2020> |
(5) | Except as provided in paragraphs (2) through (4), matters necessary for the procedures for applying for subsidies for paid leave, notification of the results thereof, etc. shall be prescribed by Ministerial Decree of Health and Welfare. |
[This Article Added on Jun. 28, 2016]
[Moved from Article 23-2; previous Article 23-3 moved to Article 23-4 <Oct. 13, 2020>]
Article 23-4 (Designation of Infectious Disease Control Institutions for Quarantine or Isolation of Patients of Infectious Diseases) |
(1) | An institution eligible to be designated as an infectious disease control institution to conduct an examination, diagnosis, or quarantine or isolation, treatment, etc. of patients of infectious diseases, etc. under Article 42 (4) and (7) of the Act shall be an infectious disease control institution designated under Article 36 (1) and (2) of the Act (hereinafter referred to as "infectious disease control institution") having single-occupancy hospital rooms (referring to hospital rooms with anterooms and negative pressure facilities) for patients of infectious diseases, etc. <Amended on Apr. 2, 2020; Jun. 2, 2020> |
(2) | Where the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu designates an infectious disease control institution for conducting examination, medical diagnosis, quarantine or isolation, and treatment under Article 42 (11) of the Act, he or she shall consider the findings of evaluation of infectious disease control facilities prescribed in Article 39-2 of the Act. <Amended on Apr. 2, 2020; Sep. 11, 2020> |
(3) | Where the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu designates an infectious disease control institution for conducting examination, medical diagnosis, quarantine or isolation, and treatment under Article 42 (11) of the Act, he or she shall issue a certificate of designation, as prescribed by the Minister of Health and Welfare. <Amended on Apr. 2, 2020; Sep. 11, 2020> |
[This Article Added on Jun. 28, 2016]
[Moved from Article 23-3 <Oct. 13, 2020>]
Article 24 (Facilities Requiring Disinfection) |
Facilities that require disinfection necessary for preventing infectious diseases under Article 51 (3) of the Act shall be as follows: <Amended on Dec. 8, 2011; Jul. 7, 2014; Jan. 6, 2015; Jan. 19, 2016; Jun. 28, 2016; Aug. 11, 2016; Mar. 29, 2017; Jun. 2, 2020; Jun. 8, 2021; Nov. 29, 2022> 6. | Meal service facilities (limited to those capable of providing meals continuously for at least 100 persons simultaneously) specified in subparagraph 12 of Article 2 of the Food Sanitation Act; |
7-2. | Boarding houses (limited to those with accommodation capacity of at least 50 persons) specified in subparagraph 8 (a) of Appendix 2 of the Enforcement Decree of the Act on Installation and Management of Firefighting Systems; |
8. | Performance halls (limited to those with a seating capacity of at least 300) specified in the Public Performance Act; |
11. | Office buildings and multiple-purpose buildings with a total floor area of at least 2,000 square meters; |
[Title Amended on Jun. 2, 2020]
Article 25 (Eligibility to Become Disease Control Officers and Duties) |
(1) | Disease control officers specified in Article 60 (1) of the Act shall be appointed from among public officials of at least Grade IV with substantial experience in a field related to infectious diseases: Provided, That disease control officers of each Si/Gun/Gu may be appointed, from among public officials of at least Grade V with substantial experience in a field related to infectious diseases. <Amended on Jan. 6, 2016> |
(2) | In addition to the authority to take measures specified in Article 60 (3) of the Act, each disease control officer shall have the authority to take the following measures in the outbreak area of an infectious disease: <Amended on Jan. 6, 2016; Jun. 2, 2020> |
1. | Hospitalizing or quarantining persons suspected of contracting an infectious disease for a certain period at an appropriate place; |
2. | Disinfecting places or buildings contaminated by the infectious pathogens, or taking other necessary measures; |
3. | Issuing orders to prohibit laundering at certain places or to handle wastes at designated places; |
4. | Taking measures to prevent zoonoses, against persons who have involved in slaughter or persons, etc. exposed to zoonoses. |
(3) | Deleted. <Jan. 6, 2016> |
Article 26 (Duties of Epidemiological Investigation Officers and Epidemiological Investigation Officer Trainees) |
(1) | Deleted. <Jan. 6, 2016> |
(2) | Epidemiological investigation officers and epidemiological investigation officer trainees shall perform the following duties: <Amended on Aug. 18, 2023> |
1. | Formulating epidemiological investigation plans; |
2. | Conducting, and analyzing the findings of, epidemiological investigations; |
3. | Developing the criteria and methods for conducting epidemiological investigations; |
4. | Providing technical guidance on epidemiological investigations; |
5. | Providing education and training on epidemiological investigations; |
6. | Conducting epidemiological research on infectious diseases. |
(3) | Deleted. <Jan. 6, 2016> |
(4) | The Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, and the head of a Si/Gun/Gu may pay research expenses and travel expenses to epidemiological investigation officers and epidemiological investigation officer trainees, within the budget. <Amended on Sep. 11, 2020; Oct. 13, 2020; Aug. 18, 2023> |
[Title Amended on Aug. 18, 2023]
Article 26-2 (Ordering Medical Personnel to Perform Disease Control Duties) |
(1) | Where the Commissioner of the Korea Disease Control and Prevention Agency or a Mayor/Do Governor issues an order to perform disease control duties under Article 60-3 (1) of the Act, he or she shall issue a certificate of order to perform disease control duties. In such cases, the relevant certificate of order shall include the institution to perform disease control duties, period of performing disease control duties, disease control duties to be performed, etc. <Amended on Sep. 11, 2020> |
(2) | The period of performing disease control duties prescribed in Article 60-3 (1) of the Act shall not exceed 30 days: Provided, That where the person in question agrees in writing in advance, such period may be determined otherwise. |
(3) | Where the Commissioner of the Korea Disease Control and Prevention Agency or a Mayor/Do Governor extends the period of performing disease control duties prescribed in paragraph (2), he or she shall obtain written consent from the person in question before the relevant period of performing disease control duties expires. In such cases, the period to be extended shall not exceed 30 days, on condition that where the person in question agrees, the period to be extended may be determined otherwise. <Amended on Sep. 11, 2020> |
(4) | Where the Commissioner of the Korea Disease Control and Prevention Agency or a Mayor/Do Governor extends the period of performing disease control duties under paragraph (3), he or she shall issue a new certificate of order to perform disease control duties. <Amended on Sep. 11, 2020> |
[This Article Added on Jun. 28, 2016]
Article 26-3 (Appointment of Disease Control Officers) |
(1) | Where the Commissioner of the Korea Disease Control and Prevention Agency, the Mayor/Do Governor, or the head of a Si/Gun/Gu appoints a disease control officer under Article 60-3 (2) of the Act, he or she shall issue a certificate of appointment. In such cases, the relevant certificate of appointment shall include the period for conducting duties. <Amended on Jun. 2, 2020; Sep. 11, 2020; Dec. 29; 2020> |
(2) | Where the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor or the head of a Si/Gun/Gu appoints an epidemiological investigation officer under Article 60-3 (3) of the Act, he or she shall issue a certificate of appointment. In such cases, the relevant certificate of appointment shall include the period for conducting duties. <Added on Jun. 2, 2020; Sep. 11, 2020> |
(3) | Article 26-2 (2) through (4) shall apply mutatis mutandis to periods for conducting duties, extension of periods for conducting duties, issuance of certificates of appointment following the extension of periods for conducting duties, etc. of disease control officers and epidemiological investigation officers. <Added on Jun. 2, 2020> |
[This Article Added on Jun. 28, 2016]
Article 27 (Ratio of Subsidy on Part of Cities/Dos) |
Subsidies for expenses from a City/Do under Article 66 of the Act [excluding a Special Self-Governing City and a Special Self-Governing Province (referring to a Special Self-Governing Province which has no Si/Gun which is a local government within its jurisdiction)] shall be 2/3 of the amount to be borne by a Si/Gun/Gu. <Amended on Aug. 18, 2023; Sep. 26, 2023>
Article 28 (Objects and Scope of Compensation for Loss) |
(1) | Objects and scope of compensation for loss prescribed in Article 70 (1) of the Act are as prescribed in Appendix 2-2. |
(2) | If necessary to calculate the amount of compensation for loss under Article 70 (1) of the Act, the Compensation Deliberation Committee prescribed in Article 70-2 (1) of the Act (hereinafter referred to as the "Deliberation Committee") may have specialized institutions or experts in the relevant areas appraise, evaluate, investigate, etc. the subject-matter of the loss. |
(3) | Where the Deliberation Committee calculates compensation for the loss in Article 70 (1) 1 through 3 of the Act, it shall consider the annual average revenue, business profits, etc. of the relevant medical institution. |
[This Article Wholly Amended on Jun. 28, 2016]
Article 28-2 (Exclusion from Payment and Standards for Reducing Compensation for Loss) |
(1) | The types of misconduct for which compensation for the loss shall not be paid or shall be reduced for violating the duty to take measures prescribed by this Act or by the relevant statutes or regulations, under Article 70 (3) of the Act, shall be as follows: <Amended on Dec. 29, 2020> |
1. | Neglecting or interfering with reporting prescribed in Article 11 of the Act or making such report falsely; |
2. | Neglecting the obligation to report prescribed in Article 12 of the Act or interference with reporting of persons obligated to report prescribed in the subparagraphs of paragraph (1) of the same Article; |
3. | Engaging in misconduct in conducting an epidemiological investigation prescribed in Article 18 (3) of the Act; |
4. | Failure in installing infectious disease control facilities prescribed in Article 36 (3) or 37 (2) of the Act; |
5. | Violating the duty to render cooperation prescribed in Article 60 (4) of the Act; |
7. | Violating the duties to make measures the Minister of Health and Welfare publicly notifies in recognition that such duties are particularly important among statutory duties to take measures. |
(2) | Where compensation for loss is not paid or curtailed under Article 70 (3) of the Act, such non-payment or curtailed amount shall be based on whether the misconduct in the subparagraphs of paragraph (1) is directly related to the occurrence or expansion of the loss and whether such misconduct is a major cause of the loss. |
(3) | Where the Deliberation Committee recognizes the existence of the causal relationship between the misconduct in the subparagraphs of paragraph (1) and the occurrence or expansion of loss under paragraph (2), it shall consider the motives for, details, nature, type, etc. of, the relevant misconduct comprehensively. |
(4) | The Minister of Health and Welfare shall determine and publicly notify detailed matters necessary for exclusion from payment, standards for payment in reduced amounts, etc. of compensation for loss prescribed in paragraphs (2) and (3). |
[This Article Added on Jun. 28, 2016]
Article 28-3 (Composition and Operation of the Compensation Deliberation Committee) |
(1) | Members of the Deliberation Committee established in the Ministry of Health and Welfare shall be appointed or commissioned by the Minister of Health and Welfare, from among the following persons duly considering gender: |
1. | Persons recommended by medical personnel organizations and medical institution organizations established under the Medical Service Act, and by the Korean Pharmaceutical Association and the Association of Korean Oriental Pharmacy established under the Pharmaceutical Affairs Act; |
3. | Persons recommended by the President of the National Health Insurance Service or by the President of the Health Insurance Review and Assessment Service under the National Health Insurance Act; |
4. | Persons holding office or have held office in the position of at least associate professor or in a position equivalent thereto at health and medical services-related departments of universities prescribed in the Higher Education Act; |
5. | Persons with considerable knowledge and experience in the prevention and control of infectious diseases; |
6. | Persons with considerable knowledge and experience in compensation for loss; |
7. | Members of the Senior Executive Service in charge of policies for health and medical services. |
(2) | The term of office of commissioned members prescribed in paragraph (1) 1 through 6 shall be three years: Provided, That the term of office of members newly commissioned resulting from the dismissal, etc. of another member shall be their predecessor’s remaining term of office. |
(3) | Where a commissioned member of the Deliberation Committee under paragraph (1) falls under any of the following cases, the Minister of Health and Welfare may dismiss the relevant commissioned member: |
1. | Where a commissioned member of the Deliberation Committee becomes unable to perform his or her duties due to mental or physical disability; |
2. | Where a commissioned member of the Deliberation Committee engages in any misconduct in connection with his or her duties; |
3. | Where a commissioned member of the Deliberation Committee is deemed unsuitable as a member due to neglect of a duty, loss of dignity, or any other reason; |
4. | Where a commissioned member of the Deliberation Committee voluntarily expresses that he or she has difficulties in performing his or her duties. |
(4) | The Chairperson of the Deliberation Committee prescribed in paragraph (1) shall represent the Deliberation Committee and exercise general supervision over its affairs. |
(5) | Meetings of the Deliberation Committee prescribed in paragraph (1) shall be convened at the request of a majority of members registered or when the Chairperson of the Deliberation Committee deems necessary, and the Chairperson of the Deliberation Committee shall preside over such meetings. |
(6) | A majority of the members of the Deliberation Committee prescribed in paragraph (1) shall constitute a quorum at all its meetings, and any decision thereof shall require the concurring vote of at least a majority of those present. |
(7) | To efficiently conduct affairs, the Deliberation Committee prescribed in paragraph (1) may have advisory committees organized by experts of the relevant areas. |
(8) | Except as provided in paragraphs (1) through (7), matters necessary for the composition, operation, etc. of the Deliberation Committee prescribed in paragraph (1) and advisory committees shall be determined by the Chairperson of the Deliberation Committee through resolutions by the Deliberation Committee. |
(9) | Paragraphs (1) through (8) shall apply mutatis mutandis to the composition, operation, etc. of Deliberation Committees established in Cities/Dos under Article 70-2 (1) of the Act. In such cases, "Minister of Health and Welfare" shall be construed as "Mayor/Do Governor." |
[This Article Added on Jun. 28, 2016]
Article 28-4 (Subsidization to Health and Medical Services Personnel) |
(1) | The Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may subsidize expenses, such as allowances and travel expenses, to the medical personnel, founders of medical institutions, or pharmacists who have rendered assistance for the surveillance of outbreak, prevention and control, or epidemiological investigation of infectious diseases under Article 70-3 (1) of the Act. <Amended on Sep. 11, 2020; Jun. 8, 2021> |
(2) | The Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may provide subsidies to cover expenses, such as allowances and travel expenses, to health and medical services personnel and the staff working in health and medical institutions who provide assistance to the surveillance of outbreak, and the prevention, quarantine, examination, treatment, control, and epidemiological investigation of infectious diseases pursuant to Article 70-3 (2) of the Act. <Added on Mar. 22, 2022> |
(3) | A person who intends to receive subsidies under paragraph (1) or (2) shall file an application for subsidization with the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu, along with materials evidencing that he or she has rendered assistance for the surveillance of outbreak, and the prevention, quarantine, examination, treatment, control, and epidemiological investigation of infectious diseases. <Amended on Sep. 11, 2020; Mar. 22, 2022> |
(4) | Upon receipt of an application for subsidization under paragraph (3), the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall determine whether to grant subsidies, subsidy items, subsidy amount, etc. and inform the applicant of the details of determination. <Amended on Sep. 11, 2020; Mar. 22, 2022> |
[This Article Added on Jun. 28, 2016]
[Title Amended on Mar. 22, 2022]
Article 28-5 (Livelihood Assistance for Patients of Infectious Diseases) |
The Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may provide the following subsidies under Article 70-4 (1) of the Act: Provided, That no subsidies prescribed in subparagraph 2 shall be provided where paid leave is granted under Article 41-2 (1) of the Act: <Amended on Sep. 11, 2020> 1. | Medical costs and hospitalization costs: The medical costs and hospitalization costs to be borne by the person in question: Provided, That costs prescribed by the Commissioner of the Korea Disease Control and Prevention Agency, such as costs excluded from costs eligible to be covered by medical care benefits prescribed by the National Health Insurance Act, shall be excluded; |
2. | Costs for supporting livelihood: The amount publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency after consulting with the Minister of Economy and Finance. |
[This Article Added on Jun. 28, 2016]
Article 28-6 (Persons Eligible for Psychological Support) |
1. | A medical practitioner and medical personnel who are mobilized during an epidemic period of an infectious disease pursuant to Article 49 (1) 12 of the Act; |
2. | Disease control officers appointed under Articles 60 (1) and 60-3 (2) of the Act; |
3. | Epidemiological investigation officers and epidemiological investigation officer trainees under Articles 60-2 (1), (2) and (4) and 60-3 (3) of the Act; |
4. | Other persons in charge of affairs concerning the prevention or control of infectious diseases, who are deemed by the Minister of Health and Welfare as necessary to receive psychological support. |
(2) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may delegate or entrust his or her authority or duties regarding psychological support to the following institutions under Article 70-6 (2) of the Act: |
4. | Other institutions deemed by the Minister of Health and Welfare to have expertise in psychological support. |
(3) | Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu delegates or entrusts his or her authority or duties regarding psychological support under paragraph (2), he or she shall publicly notify the following matters: |
1. | Institutions delegated or entrusted with authority or duties; |
2. | Details of delegated or entrusted authority or duties. |
[This Article Added on Dec. 29, 2020]
Article 29 (Standards for Compensation for Injuries Caused by Vaccinations) |
Standards for payment of compensation and deadline for application therefor under Article 71 (1) of the Act shall be as follows: <Amended on Jan. 6, 2015; May 29, 2017; Sep. 18, 2018; Jul. 9, 2019; Jun. 2, 2020; Sep. 11, 2020> (a) | Standards for payment: The balance of the medical expenses for a disease contracted by an injury resulting from vaccination, less the amount borne or paid by an insurer under the National Health Insurance Act, or less the amount borne by the medical care fund under the Medical Care Assistance Act: Provided, That when the lump-sum compensation is paid under subparagraph 3, no medical expenses shall be paid; |
(b) | Deadline for application: within five years from the day the injury resulting from vaccination occurs; |
2. | Nursing expenses: 50,000 won per day only for inpatient treatment; |
3. | Lump-sum compensation for those who become disabled: |
(a) | Standards for payment: |
(iii) | Persons with disabilities, other than persons with disabilities referred to (i) and (ii) above, who fall under the grades of disability or grades of personal damage prescribed in the Acts determined and publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency, such as the National Pension Act, the Public Officials Pension Act, the Public Officials' Accident Compensation Act, and the Industrial Accident Compensation Insurance Act: An amount the Commissioner of the Korea Disease Control and Prevention Agency determines and publicly notifies by standard for the relevant grade of disability or personal damage within the scope of 20/100 of the lump-sum compensation for death; |
(b) | Deadline for application: Within five years from the day of disability diagnosis; |
4. | Lump-sum compensation for a person who died: |
(a) | Standards for payment: An amount equivalent to the monthly minimum wage prescribed under the Minimum Wage Act as at the time of death, multiplied by 240; |
(b) | Deadline for application: Within five years from the day of death; |
5. | Funeral expenses: 300,000 won. |
Article 30 (Persons Eligible for Compensation for Injuries Caused by Vaccination) |
(1) | A person eligible for compensation under Article 71 (1) of the Act shall be as follows: |
1. | For cases falling under Article 71 (1) 1 and 2 of the Act: Victims; |
2. | For cases falling under Article 71 (1) 3 of the Act: Bereaved family members determined based on the order of priority. |
(2) | "Bereaved family members ... prescribed by Presidential Decree" in Article 71 (1) 3 of the Act means the spouse (including a person in a de facto marital relationship), children, parents, grandsons and granddaughters, grandparents, and siblings. |
(3) | The priority order of bereaved family members shall coincide with the order listed in paragraph (2), excluding those to whom the compensation cannot be provided due to missing, etc.; and if at least two bereaved family members are in the same order of priority, the lump-sum compensation for death shall be apportioned equally among them. |
Article 31 (Compensation Procedures for Injuries Caused by Vaccination) |
(1) | Any person who intends to receive compensation under Article 71 (1) of the Act shall submit a written claim for compensation to the competent Special Self-Governing City Mayor, the competent Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu, along with a document evidencing his or her injury, as prescribed by Ministerial Decree of Health and Welfare. <Amended on Aug. 18, 2023> |
(2) | The head of a Si/Gun/Gu shall submit documents received under paragraph (1) (hereinafter referred to as "claim documents for injury compensation") to the competent Mayor/Do Governor; and the Mayor/Do Governor in receipt of the claim documents for injury compensation or the Special Self-Governing City Mayor or the Special Self-Governing Province Governor in receipt of the claim documents for injury compensation under paragraph (1) shall forward the claim documents for injury compensation without delay to the Commissioner of the Korea Disease Control and Prevention Agency, along with the findings of basic investigation conducted by him or her regarding the injury that has resulted from vaccination and the statement of his or her views thereon. <Amended on Sep. 11, 2020; Sep. 26, 2023> |
(3) | The Commissioner of the Korea Disease Control and Prevention Agency shall determine whether to provide compensation after gathering consensus from the advisory committee on vaccination injury compensation and notify the relevant Mayor/Do Governor of the determination, and the Mayor/Do Governor (excluding a Special Self-Governing City Mayor or a Special Self-Governing Province Governor) shall notify the head of the relevant Si/Gun/Gu thereof. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of the Si/Gun/Gu so notified shall notify the relevant claimant for compensation under paragraph (1) of the details of the determination. <Amended on Jan. 6, 2015; Sep. 11, 2020; Aug. 18, 2023; Sep. 26, 2023> |
(4) | The Commissioner of the Korea Disease Control and Prevention Agency shall pay a person determined eligible for compensation under paragraph (3) the amount of compensation under the compensation standards under Article 29. <Amended on Sep. 11, 2020> |
(5) | Except as provided in this Decree, matters necessary for the procedures and methods for deliberation on compensation for injuries caused by vaccination shall be determined by the Commissioner of the Korea Disease Control and Prevention Agency. <Amended on Sep. 11, 2020> |
Article 32 (Delegation of Authority and Entrustment of Affairs) |
(1) | The Minister of Health and Welfare shall delegate the following authority to the Commissioner of the Korea Disease Control and Prevention Agency pursuant to Article 76 (1) of the Act: <Amended on Sep. 11, 2020; Jul. 26, 2022> |
1. | Operation of and support for the central infectious disease hospital under Article 8-2 (1) and (3) of the Act and Article 1-3 of this Decree; |
2. | Formulation and implementation of measures for controlling resistant bacteria under Article 8-3 of the Act and Article 1-5 of this Decree; |
3. | Request for cooperation, such as hearing opinions or requesting the submission of data, under Article 8-4 of the Act. |
(2) | The Minister of Health and Welfare may entrust the duties prescribed in Article 70 of the Act to any of the following entities, pursuant to Article 76 (1) of the Act: <Added on Jan. 6, 2015; Jan. 6, 2016; Jun. 2, 2020; Sep. 11, 2020; Oct. 13, 2020> |
3. | Non-profit corporations established under the Civil Act or other statutes to conduct affairs related to the prevention and control of infectious diseases; |
5. | Other institutions or organizations deemed by the Minister of Health and Welfare to have expertise in the prevention and control of infectious diseases. |
(3) | Pursuant to Article 76 (2) of the Act, the Commissioner of the Korea Disease Control and Prevention Agency shall delegate his or her authority to determine and pay compensation (limited to compensation with which medical expenses are payable in the amount not exceeding 300,000 won under Article 71 (1) 1 of the Act and subparagraph 1 (a) of Article 29 of this Decree) under Article 71 (2) and (3) of the Act and Article 31 (3) and (4) of this Decree to the Mayor/Do Governor. <Added on Jan. 25, 2022> |
(4) | Pursuant to Article 76 (2) of the Act, the Commissioner of the Korea Disease Control and Prevention Agency may entrust all or part of the duties specified in Article 4 (2) 4 through 9 and 14 through 17, Article 16-2 (2), subparagraph 1 of Article 29, and Articles 41 (3), 41-2 (3), 70-3 (1) and (2), 70-4 (1), and 71 (2) and (3) of the Act to any of the following persons: <Added on Oct. 13, 2020; Aug. 3, 2021; Jan. 25, 2022; Mar. 22, 2022; Oct. 4, 2022> |
3. | Non-profit corporations established under the Civil Act or other statutes to conduct affairs related to the prevention and control of infectious diseases; |
5. | Other institutions or organizations deemed by the Commissioner of the Korea Disease Control and Prevention Agency to have expertise in the prevention and control of infectious diseases. |
(5) | Where the Minister of Health and Welfare and the Commissioner of the Korea Disease Control and Prevention Agency entrust the duties under paragraphs (2) and (4), he or she shall publicly notify the entrusted institutions and the details of entrusted duties. <Added on Jan. 6, 2015; Sep. 11, 2020; Oct. 13, 2020; Jan. 25, 2022> |
[Title Amended on Jan. 6, 2015]
Article 32-2 (Information Subject to Request for Provision) |
(1) | “Information prescribed by Presidential Decree” in Article 76-2 (1) 3 of the Act means the following information: <Added on Sep. 26, 2023> |
1. | Information on the severity of disability, types of disabilities, types of disabilities, income quintile, and places of business out of information on the insured and their dependents under Article 5 of the National Health Insurance Act; |
3. | Other information equivalent to those referred to in subparagraph 1 or 2, which is determined and publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency as necessary for the prevention and control of infectious diseases and the prevention of the spread of infection; |
(2) | “Information prescribed by Presidential Decree” in Article 76-2 (1) 4 of the Act means the following information: <Added on Sep. 26, 2023> |
1. | Medical treatment history, medication information, details of injuries and diseases, and information on health care institutions, out of information on claims for and payment of costs of health care benefits under Article 47 of the National Health Insurance Act; |
2. | Medical treatment history, medication information, details of injury and disease, and information on institutions providing medical benefits, out of information on claims for expenses for benefits under Article 11 of the Medical Benefit Act; |
3. | Other information equivalent to those referred to in subparagraph 1 or 2, which is determined and publicly notified by the Commissioner of the Korea Disease Control and Prevention Agency as necessary for the prevention and control of infectious diseases and the prevention of the spread of infection; |
(3) | “Information prescribed by Presidential Decree” in Article 76-2 (1) 6 of the Act means the following information: <Amended on Sep. 12, 2023; Sep. 26, 2023> |
[This Article Added on Jan. 6, 2016]
[Previous Article 32-2 moved to Article 32-3 <Jan. 6, 2016>]
Article 32-3 (Processing Sensitive Information and Personally Identifiable Information) |
(1) | The State and local governments (including any person entrusted with relevant duties, where the relevant duties are entrusted) may process data containing information on health prescribed in Article 23 of the Personal Information Protection Act and resident registration numbers, passport numbers, or alien registration numbers prescribed in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the same Act, if unavoidable to conduct the following: <Amended on Jun. 2, 2020; Jun. 8, 2021; Aug. 3, 2021> |
1. | Affairs concerning the medical treatment and protection of patients of infectious diseases, etc. under Article 4 (2) 2 of the Act; |
2. | Affairs concerning training projects of professionals for the prevention and control of infectious diseases under Article 4 (2) 8 of the Act; |
3. | Affairs concerning international cooperation for the exchange, etc. of infectious disease control information under Article 4 (2) 9 of the Act. |
(2) | The Minister of Health and Welfare, the Commissioner of the Korea Disease Control and Prevention Agency, the Mayor/Do Governor, the head of a Si/Gun/Gu (including any person entrusted with relevant duties, where the relevant duties are entrusted), the directors of public health centers, or the institutions of sentinel surveillance of infectious diseases designated under Article 16 (1) of the Act may process data containing personal information prescribed in the provisions, with the exception of the subparagraphs, of paragraph (1), if unavoidable to conduct the following: <Amended on Jun. 28, 2016; Jun. 2, 2020; Sep. 11, 2020; Dec. 29, 2020; Aug. 3, 2021> |
1. | Affairs concerning the reporting, detection, and management of patients of infectious diseases, etc. under Articles 11 through 13 and 15 of the Act; |
2. | Affairs concerning the sentinel surveillance, etc. of infectious diseases under Article 16 of the Act; |
3. | Affairs concerning fact-finding surveys conducted under Article 17 of the Act; |
4. | Affairs concerning epidemiological investigations conducted under Article 18 of the Act; |
5. | Affairs concerning medical examinations conducted under Article 19 of the Act; |
6. | Affairs concerning autopsy orders issued under Article 20 of the Act; |
7. | Affairs concerning high-risk pathogens specified in Articles 21 through 23 of the Act; |
8. | Affairs concerning vaccinations specified in Articles 24, 25, 26-2, 27 through 32, and 33-4 of the Act; |
9. | Affairs concerning the designation of infectious disease control institutions and the establishment and operation of infectious disease control facilities, isolation wards, sanatoriums, and clinics under Articles 36 and 37 of the Act; |
9-2. | Affairs concerning establishment and operation of an integrated infectious disease control information system under Article 40-5 of the Act; |
10. | Affairs concerning control of patients of an infectious disease, etc. and persons suspected of contracting infectious diseases, and control and preventive measures against infectious diseases under Articles 41, 41-2, 42, 43, 45 through 47, 49, 50, and 76-2 of the Act; |
11. | Affairs concerning reporting on disinfection services under Articles 52 and 53 of the Act; |
12. | Affairs concerning training for disinfection service providers, etc. under Article 55 of the Act; |
13. | Affairs concerning compensation for loss and compensation by the State for injuries caused by vaccinations, etc. under Articles 70 through 72 of the Act. |
[This Article Added on Aug. 6, 2014]
[Moved from Article 32-2 <Jan. 6, 2016>]
Article 32-4 (Review of Regulation) |
(1) | The Minister of Health and Welfare shall examine the appropriateness of the standards for designation of the central infectious disease hospital referred to in Article 1-3 (2) and Appendix 1 every five years, counting from January 1, 2022 (referring to the period that ends on the day before January 1 of every fifth year) and shall take measures, such as making improvements. |
(2) | The Commissioner of the Korea Disease Control and Prevention Agency shall examine the appropriateness of the following matters every three years, counting from January 1, 2022 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements: |
1. | The standards for designating regional infectious disease hospitals under Article 1-4 (2) and Appendix 1-2; |
2. | The safety control guidelines for high-risk pathogen handling facilities under Article 19-6 (1); |
[This Article Added on Mar. 8, 2022]
Article 33 (Imposition of Administrative Fines) |
The criteria for imposing administrative fines under Article 83 (1) and (4) of the Act shall be specified in Appendix 3. <Amended on Jun. 12, 2018; Oct. 13, 2020> [This Article Wholly Amended on Jan. 6, 2016]
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010: Provided, That Article 7 (11) of the Addenda shall enter into force on January 1, 2011. Article 2 (Applicability to Standards for Compensating Nursing Expenses)
The amended provisions of subparagraph 2 of Article 29 shall begin to apply from the first nursing expenses reimbursed after this Decree enters into force. Article 3 (Transitional Measures concerning Institutions Entrusted with Vaccination Services)
Article 4 (Transitional Measures concerning Official Title of Disease Control Officer)
Article 5 (Transitional Measures concerning Eligibility for Epidemiological Investigative Officers)
Article 6 (Transitional Measures concerning Administrative Fines)
(1) | The imposition of an administrative fine for any offense committed before this Decree enters into force, shall be subject to standards for imposing administrative fines for the first offense under the amended provisions of Appendix 3. |
(2) | No disposition to impose an administrative fine taken against any offense before this Decree enters into force, shall be included in calculating the frequency of offenses committed under the amended provisions of Appendix 3. |
Article 8 (Relationship to Other Statutes or Regulations)
Any citation of the former Enforcement Decree of the Prevention of Contagious Diseases Act or of any provision thereof, in any other statute or regulations, as at the time this Decree enters into force, shall be deemed a citation of this Decree or of the relevant provision hereof, if such provision corresponding thereto exists in this Decree, in lieu of the former provisions.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25448, Jul. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2014.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 26024, Jan. 6, 2015>
This Decree shall enter into force six months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 26865, Jan. 6, 2016>
This Decree shall enter into force on January 7, 2016.
ADDENDA <Presidential Decree No. 26916, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 21, 2016. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 27277, Jun. 28, 2016>
This Decree shall enter into force on June 30, 2016.
ADDENDA <Presidential Decree No. 27445, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28070, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 3, 2017: Provided, That the amended provisions of subparagraph 3 of Article 29 shall enter into force on January 1, 2018. Article 2 (Applicability to Compensation for Damage Caused by Vaccination)
The amended provisions of subparagraph 3 of Article 29 shall begin to apply from those vaccinated under Articles 24 and 25 of the Act or administered with preventive or therapeutic medicines produced under Article 40 (2) of the Act after the enforcement date in the proviso of Article 1 of Addenda.
ADDENDUM <Presidential Decree No. 28962, Jun. 12, 2018>
This Decree shall enter into force on June 13, 2018: Provided, That the amended provisions of Articles 1-6, 21-2, and 33 shall enter into force on the date of its promulgation, and the amended provisions of Appendix 2-2 shall enter into force on September 28, 2018.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 29961, Jul. 9, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Criteria for Compensation for Injuries Caused by Vaccinations)
The amended provisions of subparagraph 3 (a) of Article 29 shall begin to apply where the Minister of Health and Welfare determines whether to provide compensation under Article 31 (3) after this Decree enters into force.
ADDENDUM <Presidential Decree No. 30596, Apr. 2, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM < Presidential Decree No. 30743, Jun. 2, 2020>
This Decree shall enter into force on June 4, 2020: Provided, That any of the following matters shall enter into force on the specified date therefor:
1. | Amended provisions of Article 21-2 through 21-4, Article 23, Article 25, Article 26-3, Article 32 (1) 1-2 through 1-4, 12-2, 12-4, 12-5, 13-3, 15-2 and 20-2, Article 32 (2), Article 32-3, and Appendix 2: Date of promulgation; |
ADDENDA <Presidential Decree No. 31013, Sep. 11, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2020.
ADDENDA <Presidential Decree No. 31112, Oct. 13, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 13, 2020: Provided, That the amended provisions of Article 26 and Appendix 2-2 shall enter into force on the date of the promulgation. Article 2 (Applicability to Subject Matters and Scope of Compensation for Loss)
The amended provisions of subparagraph 14-2 of Appendix 2-2 shall begin to apply where facilities, such as sickbeds of medical institutions, training institutes, and accommodation facilities, are mobilized on or after August 12, 2020.
ADDENDUM <Presidential Decree No. 31320, Dec. 29, 2020>
This Decree shall enter into force on December 30, 2020.
ADDENDUM <Presidential Decree No. 31681, May 11, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31744, Jun. 8, 2021>
This Decree shall enter into force on June 16, 2021: Provided, That the amended provisions of Article 7 (1) 6-2 and subparagraph 5 of Article 24 shall enter into force on the date of the promulgation.
ADDENDUM <Presidential Decree No. 31927, Aug. 3, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32212, Dec. 14, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32365, Jan. 25, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32409, Feb. 9, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32506, Feb. 24, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32553, Mar. 22, 2022>
This Decree shall enter into force on March 22, 2022.
ADDENDA <Presidential Decree No. 32790, Jul. 11, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 12, 2022.
ADDENDUM <Presidential Decree No. 32822, Jul. 26, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32942, Oct. 4, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 33004, Nov. 29, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2022. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 33589, Jun. 27, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33672, Aug. 18, 2023>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 21-2 and 21-3 shall enter into force on August 20, 2023.
ADDENDA <Presidential Decree No. 33723, Sep. 12, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 15, 2023. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 33757, Sep. 26, 2023>
This Decree shall enter into force on September 29, 2023.
ADDENDUM <Presidential Decree No. 34449, Apr. 23, 2024>
This Decree shall enter into force on the date of its promulgation: Provided, That ... the amended provisions shall enter into force on June 1, 2024.