Prevention of the spread of infectious diseases
Preventive measures for infectious diseases
- The Commissioner of the Korea Disease Control and Prevention Agency, Special Self-Governing Province Governor, Special Self-Governing City Mayor, Mayors/Do Governors, or heads of Sis/Guns/Gus shall take all or some of the following measures to prevent any infectious disease (Article 40 of the Framework Act on Health and Medical Services and Article 49(1) and (2) of the Infectious Disease Control and Prevention Act).
· To completely or partially hold up traffic in the jurisdiction (this needs to be notified to the residents in advance);
· To restrict or prohibit performances, assemblies, religious ceremonies, or any other large gathering of people (this needs to be notified to the residents in advance. To prevent infectious diseases, the Minister of Health and Welfare may also restrict or ban the same);
· To order managers, operators, and users of places or facilities at risk of spreading infectious diseases to comply with quarantine guidelines such as making a list of visitors and wearing a mask
· To order users of transportation vehicles, such as buses, trains, ships, aircraft, etc., at risk of spreading infectious diseases to comply with quarantine guidelines such as wearing a mask.
· To order compliance with quarantine guidelines such as wearing a mask, by setting a region and period, out of concerns about the spread of infectious diseases
· To conduct medical examinations or to perform autopsies or dissections of corpses;
· To order the prohibition of the sale or receipt of food that exposes the risk of transmitting infectious diseases, or the discarding of such food or other necessary disposals;
· To order the preventive measures for persons who have involved in slaughter for the prevention of zoonoses, or for persons, etc. exposed to zoonoses;
· To order the restriction or prohibition of the possession and transfer of articles which may transmit infectious diseases, or the destruction, incineration, or other necessary disposal of such articles (this needs to be notified to the residents in advance);
· To order the assignment of medical doctors at any means of transportation, such as ships, aircrafts, and trains, places of business, or other public places, or to order the installation of facilities necessary for the prevention of infectious diseases at such places;
· To order the disinfection of, or other necessary measures for, facilities or places related to public sanitation, or the prohibition of the installation, remodeling, alteration, disuse, or use of waterworks, sewers, wells, garbage dumps, and lavatories (this needs to be notified to the residents in advance and drinking water must be supplied during the prohibited period);
· To order the extermination of, or the installation of exterminating facilities for, rodents, vermin, or other animals transmitting infectious diseases;
· To restrict or prohibit fishing and swimming in certain locations or the use of certain wells (this needs to be notified to the residents in advance);
· To prohibit capturing animals which are intermediate hosts transmitting infectious diseases, or eating such animals in a raw state (this needs to be notified to the residents in advance);
· To mobilize medical persons, medical practitioners, and other necessary medical personnel during a period of a rampant infectious disease;
· To mobilize hospital beds, facilities such as training centers and lodging facilities, etc. during a period of a rampant infectious disease
· Ordering disinfections or other necessary measures for pathogen-polluted or possibly polluted facilities or places.
· To keep hospitalized or quarantine persons suspected of contracting an infectious disease at an appropriate place for a certain period.
※ Anyone who violates any measure for hospitalization or isolation in a suitable place for a certain period of time shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million Won (Subparagraph 5 of Article 79-3 of the Infectious Disease Control and Prevention Act)
- Suppose the operators, managers, or users of places or facilities facing risks of vection do not comply with quarantine guidelines, such as filling in access rosters, wearing masks, etc. In that case, the Special Self-Governing Province Governor or Si/Gun/Gu Head may order operators or managers to close or suspend the business operation of the corresponding place or facility for a specific period within three months (main text of Article 49, Paragraph 3 of the “Infectious Disease Control and Prevention Act”).
※ However, if any manager or operator continues operation even after being ordered to suspend business, the corresponding place or facility shall be closed (Proviso of by Article 49, Paragraph 3 of the “Infectious Disease Control and Prevention Act”).
※ Unless there is a justifiable reason, managers oroperators ordered to close or suspend the operation of his/her workplace orfacility shall comply with the order. If the manager or operator refuses toclose or suspend the operation of his/her business without a justifiablereason, he/she shall be sentenced to up to two years of imprisonment orpenalized in fines up to KRW 20 million (Article 49, paragraph 4 and Article79, subparagraph 3-3 of the Infectious Disease Control and Prevention Act).
※ Suppose there are modifications in crisis alerts orquarantine guidelines, making the closing or suspension of the workplace orfacility unnecessary. In this case, the Mayor, Province Governor, or head ofthe Si/Gun/Gu who ordered the manager or operator to close or suspend his/herbusiness may determine whether to cancel the corresponding order through theregional committee council under Article 11 of the Framework Act on theManagement of Disasters and Safety (Article 49, paragraph 6 of the Infectious DiseaseControl and Prevention Act).
-Suppose the operator or manager continues operation even after the Mayor/Province Governor or Si/Gun/Gu Head commandsbusiness closure. In that case, the relevant public official may take thefollowing measures to close the corresponding workplaceor facility (Article 49, paragraph 5 of the “Infectious Disease Control and Prevention Act”).
· Remove the signboard or sign of the corresponding place or facility.
· Attach posts notifying the place or facility’s closure according to orders.
Administrative fine imposed on persons violating quarantine measures
- Where the manager, operators, users have violated the guidelines as follows, he/she shall be subject to an administrative fine (Article 83(2), subparagraph 1 of Article 83(4), subparagraphs 2-2, 2-3 of Article 49(1) of the Infectious Disease Control and Prevention Act, and Article 33 and subparagraph 2(h) and (i) of Attached Table 3 of the Enforcement Decree of the Infectious Disease Control and Prevention Act).
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Target
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Violation
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Amount of Penalty
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Managers/operators (owners, etc.) (Article 83(2) of the Infectious Disease Control and Prevention Act)
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Where a manager or operator of a facility with the risk of spread of infectious diseases refuses to follow quarantine guidelines, such as preparing the list of visitors and having persons inside wear masks
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√ 1st violation: 500,000 won √ 2nd violation: 1 million won √ 3rd violation or more: 2 million won
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Users (visitors) (Subparagraph 1 of Article 83(4) of the Infectious Disease Control and Prevention Act)
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√ Where a person visiting a place or facility with the risk of spread of infectious diseases refuses to follow quarantine guidelines, such as writing the list of visitors and wearing masks √ Where a person taking means of transportation, such as buses, trains, ships, and airplanes, with the risk of spread of infectious diseases refuses to follow quarantine guidelines, such as wearing masks
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√ 1st violation: 100,000 won √ 2nd violation or more: 100,000 won
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Preventive activities such as epidemic control officers
Epidemic control officers
- The Commissioner of the Korea Disease Control and Prevention Agency, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, and each Mayor/Do Governor shall appoint epidemic control officers in charge of the affairs of infectious disease prevention and epidemic control (public officials of at least Grade IV with substantial experience in a field related to infectious diseases, provided that epidemic control officers of the Special Self-Governing Province, the Special Self-Governing City, and 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) from among public officials of the said Ministry or City/Do (Main body of Article 60(1) of the Infectious Disease Control and Prevention Act and Article 25(1) of the Enforcement Decree of the Infectious Disease Control and Prevention Act).
※ However, if necessary for dealing with the affairs of infectious disease prevention and epidemic control, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, or the head of a Si/Gun/Gu may appoint epidemic control officers from among his/her subordinate public officials (Proviso to Article 60(1) of the Infectious Disease Control and Prevention Act).
- The epidemic control officer will perform the following tasks under the command of his/her affiliated organization or the head of the organization to which he/she has been assigned (Main provision of Article 60 paragraph 2 and Article 4 paragraph 2 subparagraphs 1 through 7 of the “Infectious Disease Control and Prevention Act”).
· Preventive and quarantine measures against infectious diseases;
· Medical treatment and protection of patients, etc. with an infectious disease;
· Formulation and implementation of plans for vaccination for the prevention of infectious diseases;
· Education and publicity concerning infectious diseases;
· Collection, analysis, and provision of information on infectious diseases;
· Investigation and research on infectious diseases;
· Collection, tests, preservation, and control of Infectious disease pathogens (including samples such as blood, body fluids and tissues for confirmation of infectious disease pathogens) and the surveillance of drug resistance thereof
※ However, each epidemic control officer of the Korea Disease Control and Prevention Agency will also be in charge of nurturing specialists for the prevention of infectious diseases (The proviso of Article 60(2) of the Infectious Disease Control and Prevention Act).
- Where urgent responses are necessary due to the anticipated domestic transmission or prevalence of any infectious disease, an epidemic control officer will have the following authorities to take measures against the fields of an infectious disease, such as the restriction of passage, the evacuation of residents, the disposal and incarnation of food, articles, etc., through which an infectious disease is transmitted, the assignment of tasks on personnel in charge of infectious disease control including medical personnel, and the deployment of supplies for epidemic control to devise preventive and quarantine measures against infectious diseases and provide medical treatment and protection of patients, etc. with an infectious disease (Article 60 paragraph 3 of the “Infectious Disease Control and Prevention Act” and Article 25 paragraph 2 of the “Enforcement Decree of the Infectious Disease Control and Prevention Act”).
· Hospitalizing or isolating persons suspected of contracting an infectious disease for a certain period at an appropriate place;
· Disinfecting places or buildings contaminated by the pathogen of an infectious disease, or taking other necessary measures;
· Issuing orders to prohibit laundering at certain places or to handle wastes at designated places;
· Taking measures to prevent zoonoses, against persons who have involved in slaughter or persons, etc. exposed to zoonoses.
Quarantine inspection commissioners
- Where necessary for the prevention of infectious diseases, a Special Self-Governing Province Mayor, a Special Self-Governing City Mayor, and a Mayor/Do Governor may appoint a quarantine inspection commissioner among the public officials engaged in the health and hygiene field to perform affairs concerning quarantine inspections, and if particularly necessary, may require the commissioner to quarantine any means of transportation, etc. (Article 61 paragraph 1 of the “Infectious Disease Control and Prevention Act” and Article 43 paragraph of the “Enforcement Decree of the Infectious Disease Control and Prevention Act”).
- Quarantine inspection commissioners may board any means of transportation, etc. free of charge to perform affairs or quarantine inspections (Article 61 paragraph 2 of the “Infectious Disease Control and Prevention Act”).
- The duties of the quarantine inspection commissioners are as follows (Article 43 paragraph 2 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”):
· Matters pertaining to epidemiological investigations;
· Matters pertaining to disinfection of locations contaminated by pathogens of infectious diseases;
· Matters pertaining to tracking, inpatient treatment, and surveillance;
· Matters pertaining to the collection, destruction, burial, or closure of objects and locations that have been or are suspected of contamination by pathogens of infectious diseases;
· Matters pertaining to the notification of quarantine inspection.
Epidemic prevention commissioners
- Where an infectious disease prevails or is likely to prevail, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, or the head of a Si/Gun/Gu may appoint an epidemic prevention commissioner at the relevant Special Self-Governing Province or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same will apply) to perform affairs concerning the prevention of infectious diseases. However, a paid epidemic prevention commissioner may be appointed at the rate of one commissioner per 20,000 residents of the Special Self-Governing Province, the Special Self-Governing City, or Si/Gun/Gu (Article 62 paragraph 1 and 2 of the “Infectious Disease Control and Prevention Act”).
- The following persons may be appointed and commissioned as quarantine prevention commissioners (Article 44 paragraph 1 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”):
· Medical doctor, doctor of Korean medicine, veterinarian, pharmacist or nurse;
· Persons who have graduated with a public health-related major at a college prescribed under Article 2 of the “Higher Education Act”;
· Public officials working in the public health field;
· Other persons who are deemed to have extensive knowledge and experience in the field of public health.
- The duties of the quarantine prevention commissioners are as follows (Article 44 paragraph 2 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”):
· Matters pertaining to epidemiological investigations;
· Matters pertaining to the information collection and judgment regarding the outbreak of infectious diseases;
· Matters pertaining to hygiene education;
· Matters pertaining to technical advice for the management and treatment of patients with infectious diseases;
· Other matters necessary for the prevention of the spread of infectious diseases.
Korea Association of Health Promotion
- The Korea Association of Health Promotion is established to carry out preventive projects including investigations, research, etc. for parasitic infections (Article 63 paragraph 1 of the “Infectious Disease Control and Prevention Act”).
Prevention of other infectious diseases
- Where patients, etc. are infected or are likely to be infected with an infectious disease, the commander of a unit belonging to the Army, Navy, or Air Force, the commander of a unit under the direct control of the Ministry of National Defense, and the manager, executive, or representative of a school, hospital, government office, company, entertainment place, chapel, means of transportation, such as vessel, aircraft, and train, business office or place of business, restaurant, accommodation, or any other place where many people gather, corresponding to the following, must take a disinfection measure or other necessary measures, and must take additional measures necessary for preventing infectious diseases, consulting with the Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu (Article 12 paragraph 1 subparagraph 2 and Article 50 paragraph 1 of the "Infectious Disease Control and Prevention Act” and Article 8 paragraph 2 of the “Enforcement Rules of the Infectious Disease Control and Prevention Act”).
· Postnatal care business under Subparagraph 10 of Article 2 of the Mother and Child Health Act;
· Lodging business, barbering business, and beauty art business under Article 2 of the Public Health Control Act.
- The Minister of Education or a superintendent of education shall consult with the Commissioner of the Korea Disease Control and Prevention Agency where he/she issues, on grounds of the outbreak of an infectious disease, an order for business suspension or temporary school closure prescribed in Article 64 of the Elementary and Secondary Education Act or an order for business suspension or temporary kindergarten closure prescribed in Article 31 of the Early Childhood Education Act, to schools defined in subparagraph 2 of Article 2 of the School Health Act (Article 50(2) of the Infectious Disease Control and Prevention Act).