Implementation of medical examination
Persons subject to medical examination
- A business operator or its employee who is directly engaged in the collection, manufacture, processing, cooking, storage, transportation or sale of foods or food additives (excluding chemical compounds or germicides and disinfectants for equipment, etc.) shall undergo a health examination (Main body of Article 40(1) of the Food Sanitation Act and main body of Article 49(1) of the Enforcement Rule of the Food Sanitation Act).
· However, where such persons undergo the same medical examination as that prescribed by other Acts and subordinate statutes, they shall be deemed to have undergone medical examination under this Act (A provision of Article 40(1) of the Food Sanitation Act).
- A business operator may not have a person who failed to undergo medical examination in violation of the above or whose medical examination shows a disease capable of harming others engage in the relevant business (Article 40(3) of the Food Sanitation Act)
Period of undergoing medical examination
- A business operator who is required to undergo medical examination must do so prior to the commencement of his/her business (Article 49(2) of the Enforcement Regulations of the Food Sanitation Act).
Items and number of medical examinations
- The items and number of medical examinations for a person required to undergo medical examination are as follows (Article 49(3) of the Enforcement Regulations of the Food Sanitation Act, Article 2 and attached Table of the Medical Examination Rules for Workers in the Food Sanitation Sector, and Article 3 and attached Table of the Medical Examination Rules for Sexually Transmitted Diseases and Acquired Immune Deficiency Syndrome).
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Persons subject to medical examination
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Items for medical examination
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Number of times
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A person directly engaged in the collection, manufacture, processing, cooking, storage, transportation or sale of foods or food additives (excluding chemical compounds or germicides and disinfectants for equipment, etc.) (However, this shall not apply to business operators or employees engaged in the transportation or sale of completely packaged foods or food additives)
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1. Typhoid (applicable to workers engaged in the business related to food sanitation and collective catering only) 2. Pulmonary tuberculosis 3. Infectious skin diseases (referring to bacterial skin diseases including Hansen's disease or leprosy, etc.)
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Once/year (Reference date: Date of undergoing medical examination)
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Workers engaged in businesses that fall under Subparagraph 1 of Article 6(2) of the Enforcement Decree of the Youth Protection Act
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Syphilis
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Once/6 months
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HIV test
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Once/6 months
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Tests for other venereal diseases
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Once/6 months
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Workers engaged in the entertainment receptionist sector pursuant to Article 22 of the Enforcement Decree of the Food Sanitation Act
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Syphilis
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Once/3 months
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HIV test
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Once/6 months
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Tests for other venereal diseases
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Once/3 months
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Sanctions for violations
- Any person who fails to undergo medical examination in violation of above provisions shall be punished by an administrative fine up to KRW 3 million (Subparagraph 1 of Article 101 (3), of the Food Sanitation Act).
Restriction in business engagement when recognized to have a disease
Restriction in business engagement
- No person, who is recognized to have a disease likely to cause harm to third persons as a result of medical examination shall be engaged in the relevant business (Article 40(2) of the Food Sanitation Act).
Types of diseases that prohibit business engagement
- Persons with the following diseases cannot engage in the business (Article 40(4) of the Food Sanitation Act and Article 50 of the Enforcement Regulations of the Food Sanitation Act).
· Group 1 infectious diseases under Subparagraph 2 of Article 2 of the Infectious Disease Control and Prevention Act
· Tuberculosis (excluding non-infectious cases) under Subparagraph 3(a) of Article 2 of the Infectious Disease Control and Prevention Act
· Skin diseases or other purulent diseases
· Acquired immune deficiency syndrome (applicable only to workers who are required to undergo medical examination for venereal diseases under Article 19 of the Infectious Disease Control and Prevention Act)
Sanctions for violations
- If a person who has a disease found to be likely to cause harm to third persons as a result of medical examination engages in the pertinent business, he/she shall be subject to an administrative fine up to KRW 3 million (Subparagraph 1 of Article 101 (3) of the Food Sanitation Act).