| Article 2 (Clinical Symptoms) |
"Clinical symptoms peculiar to AIDS, as prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Prevention of Acquired Immunodeficiency Syndrome Act (hereinafter referred to as the “Act”) means any case where there is a defect in the cellular immune function and there is an opportunistic infection or opportunistic disease such as pneumocystis pneumonia and tuberculosis. [This Article Wholly Amended on Sep. 3, 2008]
| Article 3 Deleted. <Jan. 29, 2020> |
| Article 4 Deleted. <Jan. 29, 2020> |
| Article 5 Deleted. <Jan. 29, 2020> |
| Article 6 Deleted. <Jan. 29, 2020> |
| Article 7 Deleted. <Jan. 29, 2020> |
| Article 8 Deleted. <Jan. 29, 2020> |
| Article 9 Deleted. <Jan. 29, 2020> |
| Article 10 (Persons Subject to Medical Examinations) |
| (1) | Deleted. <Jan. 29, 2020> |
| (2) | “Long-term stay prescribed by Presidential Decree” in the former part of Article 8 (3) of the Act means a person who is eligible to obtain landing permission in distress under Article 16 of the Immigration Act and who is acknowledged by the Commissioner of the Korea Disease Control and Prevention Agency as necessary for the prevention of AIDS: Provided, That a person who is accompanied by his or her spouse shall be excluded herefrom. <Amended on Jan. 29, 2020; Sep. 11, 2020> |
| (3) | An AIDS-negative certificate under Article 8 (3) of the Act (hereinafter referred to as "test negative certificate") shall be issued in English by a public testing institution or a medical institution of each foreign country. |
[This Article Wholly Amended on Sep. 3, 2008]
| Article 10-2 (Cooperation from Relevant Ministries) |
To verify whether a foreigner under Article 10 (2) has a test negative certificate when he or she enters the Republic of Korea and to efficiently conduct a medical examination of a person who does not have such certificate, the Minister of Justice shall cooperate as follows: <Amended on Sep. 3, 2008> | 1. | When notifying a foreigner under Article 10 (2) of the decision to issue a visa, notice shall be given to the foreigner, stating that the foreigner shall enter the Republic Korea with a test negative certificate and, if he or she fails to do so, shall undergo a medical examination within 72 hours after the entry; |
| 2. | When conducting an entry inspection on a foreigner under Article 10 (2), receiving his or her report on residence, changing his or her status of stay, or granting landing permission to him or her, verification as to whether the foreigner has a test negative certificate shall be conducted; and if there is any person who does not have such certificate, the nationality, name, age, sex, place of stay, etc. of the person shall be notified to the head of the health center having jurisdiction over the place of his or her stay: Provided, That in cases of a person eligible to obtain landing permission in distress, such information shall be notified to the director of the competent quarantine station. |
[This Article Newly Inserted on Dec. 30, 1989]
| Article 11 (Regular Medical Examinations) |
[This Article Wholly Amended on Sep. 3, 2008]
| Article 12 (Notification of Medical Examinations) |
| (1) | Where the Commissioner of the Korea Disease Control and Prevention Agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) conducts an occasional medical examination under Article 8 (1) of the Act or a medical examination under Article 8 (2) of the Act, he or she shall notify a person subject to a medication examination of the fact that the person shall undergo such medical examination, no later than five days before the date of the medical examination. <Amended on Dec. 23, 1994; Jun. 16, 1999; Feb. 29, 2008; Sep. 3, 2008; Mar. 15, 2010; Mar. 27, 2017; Sep. 11, 2020> |
| (2) | Where a person subject to a medical examination who is notified of such medical examination under paragraph (1) is unable to undergo it due to any unavoidable reason, he or she may file an application for a postponement of the date of the medical examination with the head of the administrative agency who has notified the medical examination, stating grounds for such postponement. |
| (3) | Upon receipt of an application for a postponement of the date of a medical examination under paragraph (2), the head of the relevant administrative agency shall review such application, and if it is deemed that there is good reason, he or she shall re-determine the date of a medical examination and notify the applicant of the fact that he or she shall undergo a medical examination. |
| (4) | Matters necessary for medical examinations, such as notification of medical examinations, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Dec. 23, 1994; Feb. 29, 2008; Mar. 15, 2010> |
| Article 13 (Standards for Facilities of Specialized Medical Institutions) |
| (1) | A research institute under Article 13 of the Act shall have sufficient facilities and capabilities to conduct research on the prevention, management, and medical treatment of AIDS. <Amended on Sep. 3, 2008> |
| (2) | A specialized medical institution under Article 13 of the Act shall be equipped with facilities satisfying the standards for facilities of hospitals under Article 36 of the Medical Service Act: Provided, That this shall not apply where such specialized medical institution conducts only medical examinations. <Amended on Sep. 3, 2008> |
| Article 14 (Establishment and Operation of Information System for Prevention and Management of AIDS) |
The Commissioner of the Korea Disease Control and Prevention Agency may establish and operate an information system for the prevention and management of AIDS to efficiently process and manage data and information necessary to prevent and manage AIDS. <Amended on Sep. 11, 2020>
[This Article Newly Inserted on Jan. 29, 2020]
| Article 15 Deleted. <Sep. 3, 2008> |
| Article 16 Deleted. <Jun. 16, 1999> |
| Article 17 Deleted. <Jun. 16, 1999> |
| Article 17-2 Deleted. <Jun. 16, 1999> |
| Article 18 Deleted. <Jun. 16, 1999> |
| Article 19 Deleted. <Jun. 16, 1999> |
| Article 20 Deleted. <Jun. 16, 1999> |
| Article 21 Deleted. <Jun. 16, 1999> |
| Article 22 (Protection of and Support for Infected Persons) |
The Commissioner of the Korea Disease Control and Prevention Agency or a Mayor/Do Governor may take measures necessary for protecting and supporting infected persons. <Amended on Mar. 15, 2010; Sep. 11, 2020>
[This Article Wholly Amended on Sep. 3, 2008]
| Article 23 Deleted. <Sep. 3, 2008> |
| Article 24 (Security of Livelihoods of Households to Which Infectious Persons Belong) |
Where the assessed income of a household to which an infected person belongs does not exceed 50/100 of the standard median income defined in subparagraph 11 of Article 2 of the National Basic Living Security Act, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the superintendent of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province, in cases of educational benefits under Article 7 (1) 4 of the National Basic Living Security Act) shall pay the benefits specified in the subparagraphs of Article 7 (1) of that Act under Article 20 of the Act, deeming that such infected person and his or her dependent fall under Article 8-2 (2) 8 of that Act. [This Article Wholly Amended on Nov. 30, 2015]
| Article 25 (Bearing of Expenses) |
The expenses under Article 22 of the Act shall be borne as follows: <Amended on Jun. 16, 1999; Mar. 25, 2002; Sep. 3, 2008> | 1. | The State shall bear the expenses incurred in establishing and operating research institutes or specialized medical institutions under subparagraph 3 of Article 22 of the Act; |
| 2. | Where a State agency conducts the relevant affairs regarding medical examinations, epidemiological investigations, and treatment in specialized medical institutions under subparagraphs 1, 2, and 4 of Article 22 of the Act, the State shall bear the expenses incurred therein; where a local government conducts such affairs, the State shall assist the relevant local government with 1/2 of such expenses; |
| 4. | The State or a local government shall fully or partially subsidize publicity campaigns and education under subparagraph 6 of Article 22 of the Act and the establishment and operation of sanatoriums and shelters under subparagraph 7 of that Article. |
| Article 26 (Entrustment of Affairs) |
| (1) | Pursuant to Article 23 (2) of the Act, the Commissioner of the Korea Disease Control and Prevention Agency or a Mayor/Do Governor shall entrust publicity campaigns and education for prevention under Article 3 (1) of the Act to an AIDS-related organization or a religious organization designated by the Commissioner of the Korea Disease Control and Prevention Agency or the Mayor/Do Governor. <Amended on Feb. 29, 2008; Mar. 15, 2010; Sep. 11, 2020> |
| (2) | Pursuant to Article 23 (3) of the Act, the Commissioner of the Korea Disease Control and Prevention Agency or a Mayor/Do Governor shall entrust the establishment and operation of sanatoriums and shelters under Article 16 (1) of the Act to an AIDS-related organization, a religious organization, or a relevant specialized institution designated by the Commissioner of the Korea Disease Control and Prevention Agency or the Mayor/Do Governor. <Amended on Feb. 29, 2008; Sep. 3, 2008; Mar. 15, 2010; Sep. 11, 2020> |
| (3) | The Commissioner of the Korea Disease Control and Prevention Agency or a Mayor/Do Governor shall give public notice of the organizations and relevant specialized institutions designated under paragraphs (1) and (2) in the Official Gazette or the public gazette of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province. <Amended on Feb. 29, 2008; Sep. 3, 2008; Mar. 15, 2010; Mar. 27, 2017; Sep. 11, 2020> |
[This Article Wholly Amended on Mar. 25, 2002]
| Article 27 (Management of Sensitive Information and Personally Identifiable Information) |
The Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, the head of a Si/Gun/Gu (including a person delegated or entrusted with the relevant authority, where such authority is delegated or entrusted), the head of a health center, a doctor, or a medical institution may manage information on health provided in Article 23 of the Personal Information Protection Act or data containing resident registration numbers, passport numbers, drivers’ license numbers, or alien registration numbers specified in Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs: <Amended on Jan. 29, 2020; Sep. 11, 2020> | 1. | Affairs regarding diagnosis or postmortem inspection of, or reports or reporting on, the deaths of infected persons under Article 5 of the Act; |
| 4. | Affairs regarding the issuance of certificates indicating the results of medical examinations under Article 12 of the Act; |
| 5. | Affairs regarding the establishment and operation of an information system for the prevention and management of AIDS under Article 14. |
[This Article Newly Inserted on Mar. 27, 2017]
ADDENDUM <Presidential Decree No. 12471, Jun. 18, 1988>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 12872, Dec. 30, 1989>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 10 (3) shall enter into force two months after the date of the promulgation of this Decree.
ADDENDUM <Presidential Decree No. 13934, Jul. 21, 1993>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 14446, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 15732, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 16401, Jun. 16, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 17553, Mar. 25, 2002>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18163, Dec. 18, 2003>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 19513, Jun. 12, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 20987, Sep. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2008.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 30373, Jan. 29, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 31013, Sep. 11, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 12, 2020.
Articles 2 and 3 Omitted.