Notification of infectious diseases

Notification of infectious diseases by medical doctors, etc.
- Where any of the following cases (excluding cases caused by a Class 4 infectious disease subject to sentinel surveillance under Article 16 (6)) occurs, a physician, dentist, or oriental medical doctor shall report such fact to the head of the medical institution to which he/she belongs, and shall instruct the relevant patient and his/her cohabitants how to prevent infection as determined by the Commissioner of the Korea Disease Control and Prevention Agency (Main body of Article 11(1) of the Infectious Disease Control and Prevention Act).
· Where he/she diagnoses a patient, etc. with an infectious disease, or examines the corpse of such patient;
· Where he/she diagnoses a person indicating an adverse reaction to a vaccination, or examines the corpse of such person;
· Where a patient, etc. with an infectious disease dies of any infectious disease falling under Classes 1 through 3 infectious diseases;
· Where a person suspected of being an infectious disease patient refuses to test for an infectious disease pathogen.
※ However, a medical doctor, dentist, or oriental medical doctor who does not belong to a medical institution must notify the head of the competent public health clinic (proviso of Article 11 paragraph 1 of the “Infectious Disease Control and Prevention Act”).
- Where a staff member of an institution for confirming pathogens of infectious diseases under Article 16-2 of the Infectious Disease Control and Prevention Act discovers a patient, etc. with an Classes 1 through 3 infectious disease through a laboratory test, etc., he/she shall report such fact to the head of the institution (Article 11(2) of the Infectious Disease Control and Prevention Act and Article 6(3) of the Enforcement Regulation of the Infectious Disease Control and Prevention Act).
- Upon receipt of a report, the head of a medical institution shall report thereon to the Commissioner of the Korea Disease Control and Prevention Agency or the director of the competent public health center, immediately in cases of Class 1 infectious diseases, within 24 hours in cases of Classes 2 and 3 infectious diseases, and within seven days in cases of Class 4 infectious diseases, respectively (Article 11(3) of the Infectious Disease Control and Prevention Act).
- Where any case falling under any subparagraph of paragraph (1) (excluding any case caused by an infectious disease subject to sentinel surveillance under Article 16 paragraph 5 of the “Infectious Disease Control and Prevention Act”) occurs, a military doctor serving in the Army, Navy, Air Force, or a unit under the direct control of the Ministry of Defense, must report such fact to the commander of the unit to which he/she belongs, and the commander of the unit in receipt of reporting must notify the head of the competent public health clinic, without delay (Article 11 paragraph 4 of the “Infectious Disease Control and Prevention Act”).
- Where any case falling under the following paragraphs occurs due to a Class 4 infectious disease subject to sentinel surveillance, an institution of sentinel surveillance referred to in Article 16(1) of the Infectious Disease Control and Prevention Act shall notify the Commissioner of the Korea Disease Control and Prevention Agency or the head of the competent public health clinic having jurisdiction over the location of the sentinel surveillance organization by submitting the report on the sentinel surveillance agency (including reports in the form of electronic documents) via information system or fax (Article 11(5) of the Infectious Disease Control and Prevention Act and Article 6(4) of the Enforcement Regulation of the Infectious Disease Control and Prevention Act).
· Where he/she diagnoses a patient, etc. with an infectious disease, or examines the corpse of such patient;
· Where a patient, etc. with an infectious disease dies of any infectious disease falling under Groups 1 through 4 infectious diseases.

Notification of other persons obligated to notify
- Upon the outbreak of an infectious disease determined by Ordinance of the Ministry of Health and Welfare that is among Groups 2 through 4 infectious diseases, any of the following persons must request a medical doctor, dentist or oriental medical doctor to perform a diagnosis or an autopsy, or notify it to the head of a public health clinic having jurisdiction over the relevant location (Article 12 paragraph 1 of the “Infectious Disease Control and Prevention Act” and Article 8 paragraph 1 and 2 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”).
Other persons obligated to notify
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Infectious diseases prescribed under the ordinance of the Ministry of Health and Welfare
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√ In an ordinary family, the cohabiting householder. However, where the householder is absent, a member of the household √ Manager, executive,or representative of a school, social welfare facility, hospital, government office, company,entertainment place, chapel, means of transportation, such as vessel, aircraft,and train, business office or place of business, restaurant, accommodation, postnatal care center,bathhouse business, barber business, beauty salon, or any other place determined by Ordinanceof the Ministry of Health and Welfare where many people gather √ Pharmacist, Pharmacistin charge of oriental medicine, and persons who have established a pharmacy
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√ Tuberculosis √ Measles √ Cholera √ Typhoid fever √ Paratyphoid fever √ Bacillary dysentery √ Enterohemorrhagic escherichia coli infections √ Hepatitis A
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- If a person detects a patient, etc. with an infectious disease or a person suspected of having died of any infectious disease, regardless of whether the person is obligated to notify as above, the person must notify the head of a competent public health clinic (Article 12 paragraph 2 of the “Infectious Disease Control and Prevention Act”).
- Above persons need to notify or inform the head of the public health center without delay in writing, by oral report, transference, telephone or computer communication (Article 12 paragraph 3 of the “Infectious Disease Control and Prevention Act” and Article 9 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”).
· Name and address of the notifier and his/her relationship with the infected patient, etc. or the deceased;
· Name, address, and occupation of the infected patient, etc. or the deceased;
· Main symptoms and the date of development of the infected patient, etc. or the deceased.
Failure to notify infectious diseases, etc.

Penalty for the failure to notify infectious diseases, etc.
- Any of the following persons shall be punished by a fine not exceeding 5 million Won (Article 79-4 of the Infectious Disease Control and Prevention Act):
· Medical doctors, dentists, oriental medicine doctors, army doctors, heads of medical institutions, or heads of agencies that verify pathogens for infectious diseases who breach their duty to report or notify Group and Group 2 infectious diseases under Article 11 of the Infectious Disease Control and Prevention Act or falsely notify;
· A person who interferes with the report or notification regarding Group 1 and Group 2 infectious diseases of a medical doctor, dentist, oriental medicine doctor, doctor, army doctor, head of a medical institution, head of an agency that verifies pathogens for infectious diseases under Article 11 of the Infectious Disease Control and Prevention Act.
- Any of the following persons must be punished by a fine not exceeding KRW 3 million (Article 80 subparagraph 1 and 2 of the “Infectious Disease Control and Prevention Act”):
· Medical doctors, dentists, oriental medicine doctors, army doctors, heads of medical institutions, heads of agencies that verify pathogens for infectious diseases, heads of the sentinel surveillance agencies for infectious diseaseswho breach their duty to report or notify Group 3 and Group 4 infectious diseases under Article 11 of the Infectious Disease Control and Prevention Act or falsely notify;
· A person who interferes with the report or notification regarding Group 1 and Group 2 infectious diseases of a medical doctor, dentist, oriental medicine doctor, doctor, army doctor, head of a medical institution. head of an agency that verifies pathogens for infectious diseases, head of a sentinel surveillance agency for infectious diseases under Article 11 of the Infectious Disease Control and Prevention Act.
- Any of the following persons must be punished by a fine not exceeding KRW 2 million (Article 81 subparagraph 3 and 4 of the “Infectious Disease Control and Prevention Act”):
· A person who neglects to file a notification under Article 12 paragraph 1 of the “Infectious Disease Control and Prevention Act”;
· A person who renders a householder, manager, etc., not to file a notification under Article 12 paragraph 1 of the “Infectious Disease Control and Prevention Act”.
- A person who fails to report, or falsely reports on the extraction and transfer of high-risk pathogens must be punished by imprisonment with labor for not exceeding 2 years, or by a fine not exceeding KRW 20 million (Article 79 paragraph 2 of the “Infectious Disease Control and Prevention Act”).

Claim for Damages
- Suppose a person violated the Infectious Disease Control andPrevention Act and spread or increased the risk of infectious diseasesaccordingly. In this case, the Minister of Health and Welfare, the Commissionerof the Korea Disease Control and Prevention Agency, the Metropolitan/SpecialCity Mayor, Special Autonomous City Mayor, Province Governor, SpecialSelf-Governing Province Governor, and the Head of Si/Gun/Gu may claim fordamages incurred to prevent and manage the infectious disease under theInfectious Disease Control and Prevention Act, such as hospital treatmentexpenses, costs for isolation, medical diagnosis expenses, compensation fordamages, etc. (Article 72-2 of the Infectious Disease Control and PreventionAct)