Medical examination of business operator and employees
Persons subject to medical examination and timing of implementation- Business operators and employees (excluding those who are engaged in the transportation and sales of fully packaged foods or food additives) directly engaged in the collection, manufacturing, processing, cooking, storing, transportation or sales of foods or food additives (excluding sterilization and disinfectants such as chemical compounds or apparatus) shall be subject to a medical examination. However, if he/she received an identical medical examination under other statutes, he/she shall be deemed to have satisfied the medical examination requirement under the Food Sanitation Act (Article 40(1) of the Food Sanitation Act and Article 49(1) of the Enforcement Regulations of the Food Sanitation Act).
※ A business operator or an employee who fails to undergo a medical examination in violation of this provision shall be punished by an administrative fine not exceeding KRW 200,000 for the first violation (KRW 400,000 for the second violation and KRW 600,000 for the first violation) and KRW 100,000 for the first violation (KRW 200,000 for the second violation and KRW 300,000 for the third violation), respectively (Subparagraph 1 of Article 101(3) of the Food Sanitation Act and Article 67(1) and Item G of Subparagraph 2 of attached Table 2 of the Enforcement Decree of the Food Sanitation Act).
- A business operator and his/her employees who are required to receive a medical examination must do so prior to the business commencement or engagement in the business (Article 40(4) of the Food Sanitation Act and Article 49(2) of the Enforcement Regulations of the Food Sanitation Act).
Restrictions on the business, etc.- No person, who is recognized to have any of the following diseases that are likely to cause harm to third persons as a result of medical examination shall be engaged in the relevant business (Article 40(2) and (4) of the 「Food Sanitation Act」 and Article 50 of the Enforcement Regulations of the Food Sanitation Act).
- No business operator may order persons, who have failed to undergo medical examination or who have a disease likely to cause harm to a third party as a result of medical examination to work in the relevant business (Article 40(3) of the Food Sanitation Act).
※ Any operator who violates this provision will be subject to an administrative fine (Subparagraph 1 of Article 101(3) of the 「Food Sanitation Act」, and Article 67 and Item H of Subparagraph 2 of attached Table 2 of the Enforcement Decree of the Food Sanitation Ac).