법령조회

뒤로가기 메인화면

ENFORCEMENT DECREE OF THE PUBLIC TOILETS ACT

Presidential Decree No. 32977, Nov. 1, 2022

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Public Toilets Act and matters necessary for the enforcement thereof. <Amended on Nov. 9, 2006>
 Article 2 (Scope of Public Institutions)
"Institutions prescribed by Presidential Decree" in subparagraph 6 of Article 2 of the Public Toilets Act (hereinafter referred to as the "Act") means the following: <Amended on Nov. 9, 2006; May 6, 2009; Oct. 16, 2013>
2. A local government-directly operated enterprise, local government-invested public corporation, or local public agency under Article 2 of the Local Public Enterprises Act;
3. A corporation established under any special Act.
 Article 3 (Scope of Application)
(1) "Facilities ... prescribed by Presidential Decree" in subparagraph 16 of Article 3 of the Act means the following: <Amended on Jan. 5, 2021>
1. Office buildings of the State and local governments, and facilities incidental thereto;
2. Cultural and assembly facilities: Assembly halls, exhibition halls, and zoological and botanical gardens;
3. Medical facilities: Hospitals and isolation hospitals;
4. Education and research facilities: Schools, education institutes, research institutes, and libraries;
5. Facilities for senior citizens and children: Social welfare facilities and employees’ welfare facilities;
6. Training facilities: Training facilities in living and natural areas;
7. Cemeteries-related facilities: Crematory facilities, charnel houses, and buildings incidental to cemeteries and natural burial grounds;
8. Funeral facilities: Funeral parlors.
(2) “Facilities ... the scale of which is above the level prescribed by Presidential Decree” in subparagraph 17 of Article 3 of the Act means any of the following: <Amended on Nov. 21, 2017>
1. A building where the total floor area of a part used as any of the following facilities is at least 2,000 square meters: Provided, That in the case of an officetel where a toilet is installed in each office section among facilities prescribed in item (c), the floor area of the relevant office section shall be excluded from the total floor area:
(a) A Class 1 neighborhood living facility under subparagraph 3 of attached Table 1 of the Enforcement Decree of the Building Act;
(b) A Class 2 neighborhood living facility under subparagraph 4 of attached Table 1 of the Enforcement Decree of the Building Act;
(c) A business facility under subparagraph 14 of attached Table 1 of the Enforcement Decree of the Building Act;
2. Deleted; <Nov. 21, 2017>
3. A building where the total floor area of a part used as a facility prescribed in paragraph (1) 2 through 6 is at least 1,000 square meters.
[This Article Wholly Amended on May 8, 2017]
 Article 4 (Plan for Demand for and Supply of Public Toilets)
(1) Pursuant to Article 5 of the Act, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/ Gu”) shall formulate a plan for the demand for and supply of public toilets, toilets for public use, movable toilets, portable toilets, and pay toilets (hereinafter referred to as "public toilets, etc.") under his or her jurisdiction every five years (hereinafter referred to as “demand and supply plan”). <Amended on Nov. 9, 2006; May 6, 2009; Oct. 16, 2013; May 8, 2017>
(2) A demand and supply plan shall include the following:
1. A basic policy on the demand for and supply of public toilets, etc.;
2. A long-term outlook for the demand for and supply of public toilets, etc.;
3. An annual plan for installing public toilets, etc.;
4. An annual plan for designating toilets for public use;
5. A plan to finance projects for installing and managing public toilets, etc.;
6. Other matters necessary for the demand for and supply of public toilets, etc.
(3) When the head of a Si/Gun/Gu formulates a demand and supply plan, he or she shall have a consultation thereon with the head of the relevant administrative agency. <Amended on Oct. 16, 2013>
(4) When the head of a Si/Gun/Gu formulates a demand and supply plan, he or she shall publicly notify such plan, as prescribed by Ordinance of the Ministry of the Interior and Safety, and the head of a Si/Gun/Gu, except a Special Self-Governing City Mayor and a Special Self-Governing Province Governor, shall submit the demand and supply plan to the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor (hereinafter referred to as "Mayor/Do Governor"). <Amended on Feb. 29, 2008; May 6, 2009; Mar. 23, 2013; Oct. 16, 2013; Nov. 19, 2014; May 8, 2017; Jul. 26, 2017>
(5) Paragraphs (3) and (4) shall apply mutatis mutandis to any change made to a demand and supply plan: Provided, That this shall not apply where any change is made to minor matters prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>
 Article 5 (Annual Business Plans)
(1) The head of a Si/Gun/Gu shall formulate an annual business plan for the following year (hereinafter referred to as "annual business plan") in accordance with the relevant demand and supply plan, and the head of a Si/Gun/Gu, except a Special Self-Governing City Mayor and a Special Self-Governing Province Governor, shall submit the annual business plan to the competent Mayor/Do Governor by October 31 each year. <Amended on Oct. 16, 2013; May 8, 2017>
(2) When the head of a Si/Gun/Gu formulates an annual business plan, he or she shall have a consultation thereon with the head of the relevant administrative agency. <Amended on Oct. 16, 2013>
(3) A Special Self-Governing City Mayor and a Special Self-Governing Province Governor who formulate an annual business plan and a Mayor/Do Governor who receives such annual business plan pursuant to paragraph (1) shall submit it to the Minister of the Interior and Safety by December 31 each year. <Amended on Oct. 16, 2013; Nov. 19, 2014; May 8, 2017; Jul. 26, 2017>
 Article 6 (Standards for Installation of Public Toilets)
(1) "Places or facilities prescribed by Presidential Decree" in Article 7 (2) of the Act means the following places or facilities: <Amended on Oct. 16, 2013; Jul. 14, 2014>
1. A facility that is a performance hall, auditorium, or exhibition hall specified in subparagraph 5 of attached Table 1 of the Enforcement Decree of the Building Act and that accommodates at least 1,000 persons;
2. A facility that is an outdoor music hall or outdoor theater specified in subparagraph 27 of attached Table 1 of the Enforcement Decree of the Building Act and that accommodates at least 1,000 persons;
3. A facility that is incidental to a park, amusement park, or tourist destination specified in subparagraph 27 of attached Table 1 of the Enforcement Decree of the Building Act and that accommodates at least 1,000 persons;
4. A rest facility that is installed at a section of a national expressway prescribed in subparagraph 1 of Article 10 of the Road Act (referring to a rest facility defined in subparagraph 2 (a) of Article 2 of that Act; hereafter in this subparagraph, the same shall apply) with an annual average one-way traffic volume of at least 50,000 vehicles per day.
(2) Where the head of a Si/Gun/Gu deems it inappropriate to apply the standards for the installation of public toilets, etc. under Article 7 (2) of the Act to a facility or place prescribed in paragraph (1) due to the gender ratio of users or any other reason, such standards need not be applied, notwithstanding paragraph (1).
(3) The standards for the installation of public toilets, etc. under Article 7 (3) and (5) of the Act shall be as specified in the attached Table.
[This Article Wholly Amended on Nov. 9, 2006]
 Article 6-2 (Installation of Water Closets and Urinals for Children)
The standards for the installation, etc. of water closets, urinals, and basins for children, and diaper changing tables for infants and young children under Article 7-2 (1) and (2) of the Act shall be as specified in the attached Table.
[This Article Wholly Amended on May 4, 2010]
 Article 6-3 (Recycling of Water Used in Basins)
"Public toilets, etc., the size of which is not less than the size prescribed by Presidential Decree" in the former part of Article 7-3 of the Act means public toilets installed in the following facilities or places with at least four basins (the number of basins in all toilets in the same building shall be added up): <Amended on Jul. 7, 2014; Jul. 14, 2014; Mar. 29, 2017>
1. A facility for official or public use under Article 3 (1);
2. A natural park defined in subparagraph 1 of Article 2 of the Natural Parks Act;
3. A bus terminal defined in subparagraph 5 of Article 2 of the Passenger Transport Service Act;
4. An urban park defined in subparagraph 3 of Article 2 of the Act on Urban Parks and Green Areas;
5. A rest facility under subparagraph 2 (a) of Article 2 of the Road Act;
6. A station on a railroad defined in subparagraph 1 of Article 3 of the Framework Act on Railroad Industry Development;
7. A station on an urban railroad defined in subparagraph 2 of Article 2 of the Urban Railroad Act;
8. An airport facility defined in subparagraph 7 of Article 2 of the Airport Facilities Act;
9. A performance hall defined in subparagraph 4 of Article 2 of the Public Performance Act.
[This Article Newly Inserted on May 4, 2010]
 Article 7 (Standards for Management of Public Toilets)
The standards for the management of public toilets under Article 8 (3) of the Act shall be as follows: <Amended on May 6, 2009; Dec. 3, 2014; May 8, 2017; Sep. 4, 2018; Dec. 18, 2018>
1. A manager shall be assigned for sanitary management and his or her contact information shall be posted at the entrance;
2. The inside and outside of a public toilet shall be disinfected at least three times a week from April to September and at least once a week from October to March of the following year in order to prevent the spread of odor and the occurrence and reproduction of harmful insects such flies and mosquitoes;
3. A waste bin shall not be installed in a water closet partition: Provided, That a waste bin may be installed in any of the following cases:
(a) Where a water closet is installed for the use of persons with disabilities, senior citizens, pregnant women, nursing mothers, etc. under Article 7 (3) of the Act;
(b) Where a diaper changing table for infants and young children is installed;
4. A box, etc. for collecting sanitary pads shall be installed in a water closet partition for women: Provided, That where it is unnecessary to collect sanitary pads due to the characteristics of users, such as where only children use a toilet, a box, etc. for collecting sanitary pads need not be installed;
5. Where a male manager accesses a female toilet and a female manager accesses a male toilet for cleaning or repair, a notice informing that cleaning or repair is in progress shall be placed at the entrance of a toilet to make it known to users;
6. Other matters prescribed by ordinance of a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter referred to as "Si/Gun/Gu") for the cleanliness of public toilets and their surroundings.
 Article 8 (Designation of Toilets for Public Use)
“Facilities owned by a corporation or an individual, the scale of which is not smaller than that prescribed by Presidential Decree” in Article 9 (2) of the Act means facilities owned by a corporation or an individual that are buildings prescribed in the subparagraphs of Article 3 (2): Provided, That where a person who owns or manages the relevant facilities requests the designation of a toilet as a toilet for public use, a smaller scale may be applied, as prescribed by ordinance of the relevant local government.
[This Article Wholly Amended on Nov. 1, 2022]
 Article 9 (Composition of Advisory Committee for Operation of Public Toilets)
(1) An advisory committee for the operation of public toilets in a Si/Gun/Gu prescribed in Article 15 (1) of the Act (hereinafter referred to as "committee") shall be composed of up to 10 members, including one chairperson and one vice chairperson. <Amended on May 6, 2009; Oct. 16, 2013; May 8, 2017; Dec. 18, 2018>
(2) A Vice Mayor for Administrative Affairs, a Vice Governor for Administrative Affairs, or the deputy head of a Si/Gun/Gu shall serve as the chairperson, and the vice chairperson shall be elected among and by members. <Amended on Oct. 16, 2013; May 8, 2017>
(3) A member of each committee shall be appointed or commissioned by the head of the relevant Si/Gun/Gu from among the following persons: <Amended on Nov. 9, 2006; Oct. 16, 2013>
1. A public official of the relevant Si/Gun/Gu who is a director general or director and in charge of affairs regarding toilets;
2. A person with extensive knowledge of and experience in fields related to toilets, such as architecture, sanitary equipment, and food service business;
3. A person who is recommended by a civic group (referring to a non-profit, non-governmental organization defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act; hereinafter the same shall apply).
(3) A member who is not a public official shall hold office for a term of two years and may be appointed consecutively for further terms.
[Title Amended on Dec. 18, 2018]
 Article 10 (Operation of Committees)
(1) The chairperson shall exercise general supervision over the affairs of the relevant committee and shall convene and preside over its meetings.
(2) When the chairperson is unable to perform his or her duties due to any unavoidable reason, the vice chairperson shall act on behalf of the chairperson.
(3) A majority of the members of each committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present.
(4) Each committee shall have one executive secretary and one clerk, who shall be appointed by the chairperson from among public officials of the relevant Si/Gun/Gu.
(5) The executive secretary shall perform the business affairs of the relevant committee under the order of the chairperson and the clerk shall assist the executive secretary.
 Article 11 (Allowances for Members)
A member who attends a meeting of a committee may be reimbursed for allowances, travel expenses, and other necessary expenses within the budget, as prescribed by ordinance of the relevant local government: Provided, That this shall not apply where a member who is a public official attends a meeting in direct connection with his or her duties.
 Article 11-2 (Members of the Korea Toilet Association)
(1) "Other persons prescribed by Presidential Decree" in Article 15-2 (1) of the Act means the members of a civic group related to toilets and persons who are interested in improving toilet environments and other relevant matters.
(2) Any of the following persons may serve as a member of the Korea Toilet Association (hereinafter referred to as "KTA") under Article 15-2 (1) of the Act:
1. A person who conducts academic research related to toilets;
2. A person who engages in the provision of services, the production of goods, the performance of construction work, or any other activity that are related to toilets;
3. A person with extensive knowledge of and experience in affairs regarding toilets;
4. Other persons prescribed by the articles of incorporation.
[This Article Newly Inserted on Nov. 9, 2006]
 Article 11-3 (Business Affairs and Articles of Incorporation of KTA)
(1) The business affairs of KTA under Article 15-2 (5) of the Act shall be as follows:
1. Conducting education, public relations, surveys, and research related to toilets;
2. Developing and disseminating technology related to toilets;
3. Implementing and evaluating quality certification to improve toilet culture;
4. Holding seminars and symposiums related to toilets;
5. Performing toilet-related projects entrusted by the Government;
6. Conducting international exchanges and other activities related to toilets and hosting toilet-related events.
(2) Matters to be included in the articles of incorporation of KTA under Article 15-2 (5) of the Act shall be as follows:
1. Objectives;
2. Name;
3. Location of the main office;
4. Matters regarding business activities;
5. Matters regarding qualifications to become a member, etc.;
6. Matters regarding executive officers;
7. Matters regarding the structure and organization;
8. Matters regarding assets and accounting;
9. Matters regarding membership fees;
10. Matters regarding general meetings and the board of directors;
11. Matters regarding amendments to the articles of incorporation.
(3) Matters regarding the prescribed number of executive officers of KTA, their term of office, etc. shall be prescribed by the articles of incorporation.
[This Article Newly Inserted on Nov. 9, 2006]
 Article 11-4 Deleted. <Dec. 3, 2014>
 Article 12 Deleted. <May 6, 2009>
 Article 13 (Re-Examination of Regulation)
The Minister of the Interior and Safety shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Jul. 26, 2017; Nov. 21, 2017>
1. The standards for the installation, etc. of water closets, urinals, and basins for children, and diaper changing tables for infants and young children under Article 6-2 and the attached Table: January 1, 2016;
2. The standards for floor areas under Article 3 (2) 1: January 1, 2016.
[This Article Wholly Amended on Dec. 15, 2015]
ADDENDUM <Presidential Decree No. 18492, Jul. 29, 2004>
This Decree shall enter into force on July 30, 2004.
ADDENDUM <Presidential Decree No. 19727, Nov. 9, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20741, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20791, May 26, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21471, May 6, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22147, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Article 2 (Applicability to Installation of Diaper Changing Tables for Infants and Young Children)
The amended provisions of subparagraph 18 of the attached Table shall begin to apply where applications for related administrative procedures are filed to install public toilets, etc. (referring to the construction, remodeling, or extension of facilities with public toilets, etc.; hereinafter the same shall apply) after this Decree enters into force.
Article 3 (Transitional Measures concerning Installation of Diaper Changing Tables for Infants and Young Children)
Notwithstanding the amended provisions of subparagraph 18 of the attached Table, the previous provisions shall apply to public toilets, etc. that have already been installed or are being installed as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 24425, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, among the Presidential Decrees amended under Article 6 of these Addenda, shall enter into force on the respective enforcement dates of the relevant Presidential Decrees.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 24796, Oct. 16, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Public Toilets in Rest Facilities on National Expressways)
Where public toilets, etc. that have already been installed or are being installed in rest facilities on national expressways as at the time this Decree enters into force fail to satisfy the standards for the installation of water closets under Article 7 (2) of the Act (referring to the standards under which the number of water closets in female toilets shall be at least 1.5 times the number of water closets and urinals in male toilets; hereinafter the same shall apply), a person who installs and manages such public toilets, etc. shall formulate a plan for installing facilities that meet the standards for installation and submit such plan to the head of the competent Si/Gun/Gu within one year from the date this Decree enters into force, and shall ensure that the public toilets, etc. satisfy the standards for installation in accordance with the plan within three years from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 25448, Jul. 7, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 8, 2014.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, among the Presidential Decrees amended under Article 5 of these Addenda, shall enter into force on the respective enforcement dates of the relevant Presidential Decrees.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25799, Dec. 3, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26715, Dec. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Special Cases concerning Re-Examination of Standards for Installation of Water Closets and Urinals for Children)
Notwithstanding the amended provisions of subparagraph 1 of Article 13, the Minister of the Interior and Safety shall examine the appropriateness of the standards for the installation, etc. of water closets, urinals, and basins for children, and diaper changing tables for infants and young children under Article 6-2 and the attached Table and shall take measures, such as making improvements, before January 1, 2017.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28018, May 8, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 (Applicability to Changes to Standards for Installation of Public Toilets)
The amended provisions of subparagraphs 3-2, 5-2, and 7 of the attached Table shall begin to apply where applications for permission or consultation or reports are filed to construct, extend, remodel, reconstruct, relocate, change the purpose of the use of, public toilets, etc. or facilities with public toilets, etc. after this Decree enters into force.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, among the Presidential Decrees amended under Article 8 of these Addenda, shall enter into force on the respective enforcement dates of the relevant Presidential Decrees.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28439, Nov. 21, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of subparagraph 3-2 of the attached Table of the Enforcement Decree of the Public Toilets Act (Presidential Decree No. 28018) shall enter into force on January 1, 2018.
Article 2 (Applicability to Changes to Standards for Installation of Public Toilets)
The following amended provisions shall begin to apply where applications for permission or consultation or reports are filed to construct, extend, remodel, reconstruct, relocate, change the purpose of the use of, public toilets, etc. or facilities with public toilets, etc. after this Decree enters into force (in the case of subparagraph 2, referring to the time after the enforcement date under the proviso of Article 1 of these Addenda):
1. The amended provisions of Article 3 (2) of the Enforcement Decree of the Public Toilets Act (Presidential Decree No. 28018);
2. The amended provisions of subparagraph 3-2 of the attached Table of the Enforcement Decree of the Public Toilets Act (Presidential Decree No. 28018);
3. The amended provisions of subparagraph 18 (d) and (e) of the attached Table.
ADDENDUM <Presidential Decree No. 29128, Sep. 4, 2018>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 1, 1-2, 2, and 3 of the attached Table shall enter into force one year after the date of its promulgation.
ADDENDUM <Presidential Decree No. 29395, Dec. 18, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 32977, Nov. 1, 2022>
This Decree shall enter into force six months after the date of its promulgation.