Diagnosis of patients with infectious diseases
Who are the patients with infectious diseases?- “Patient with an infectious disease” means a person whose body has been affected by the pathogen of an infectious disease to indicate relevant symptoms and whose case has been confirmed by the diagnosis of medical doctors, dentists, or oriental medicine doctors or lab tests conducted by any of the following agencies (hereinafter referred to as the “confirming agency for infectious disease pathogens”) (Article 2 paragraph 13 of the “Infectious Disease Control and Prevention Act” and Article 16-2 subparagraph 1 of the “Enforcement Rule of the “Infectious Disease Control and Prevention Act”).
· Korea Centers for Diseases Control and Prevention;
· National Quarantine Station;
· Public health and environment research institutes under Article 2 of the “Public Health and Environment Research Institute Act”;
· Public health centers under Article 10 of the “Regional Public Health Act”;
· Institutions with full-time medical specialists in laboratory medicine among medical institutions under Article 3 of the “Medical Service Act”;
· Medical schools established under Article 4 of the “Higher Education Act”;
· Korean National Tuberculosis Association established under Article 21 of the “Tuberculosis Prevention Act” (applies only to the confirmation of pathogens of tuberculosis patients);
· An agency established for the purpose of supporting the treatment and rehabilitation of Hansen's disease, etc. under Article 32 of the “Civil Act”;
· Institutions with full-time specialists in laboratory medicine among the institutions that are consigned to conduct tests for testing materials collected from human bodies from the state, local government, medical institutions, etc. under the “Medical Service Act”;
- The term "patient suspected of an infectious disease" means a person suspected of being affected by the pathogen of an infectious disease, but has yet to be confirmed as a patient with an infectious disease (Article 2 subparagraph 14 of the “Infectious Disease Control and Prevention Act”).
- The term "pathogen carrier" means a person who has no clinical symptoms, but carries the pathogen of an infectious disease (Article 2 subparagraph 15 of the “Infectious Disease Control and Prevention Act”).
- "Person suspected of contracting an infectious disease" refers to a person who falls under any of the following (Subparagraph 15-2 of Article 2 of the Infectious Disease Control and Prevention Act).
· A person who is in contact with or suspected of contact with infectious disease patients, patients suspected of an infectious disease, and those who have infectious pathogens
· A person who stays in or has passed through a quarantine management area or a critical quarantine management area under Subparagraphs 7 and 8 of Article 2 of the Quarantine Act and is suspected of infection
· A person who is suspected of infection due to exposure to risk factors such as infectious disease pathogens
Guarantee of the rights of patients with infectious diseases- The State and local governments must respect the dignity and values of patients, etc. with an infectious disease as human beings, protect their fundamental rights, and must not impose on them any disadvantage, such as restrictions on employment, except by Acts (Article 4 paragraph 1 of the “Infectious Disease Control and Prevention Act”).
- Each citizen must have the right to know information on the situation of the outbreak of infectious diseases and the prevention and control of infectious diseases and how to cope therewith, and the State and local governments must promptly disclose the relevant information (Article 6 paragraph 2 of the “Infectious Disease Control and Prevention Act”).
- Each citizen must have the right to receive the diagnosis and medical treatment of any infectious disease under this Act at a medical institution, and the State and local governments must bear expenses incurred therein (Article 6 paragraph 3 of the “Infectious Disease Control and Prevention Act”).
- Each citizen must actively cooperate with the State and local governments that perform activities for the prevention and control of infectious diseases, such as treatment and isolation measures (Article 6 paragraph 4 of the “Infectious Disease Control and Prevention Act”).
Compulsory dispositions with respect to infectious diseases- The Minister of Health and Welfare, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, a Mayor/Do Governor, or the head of a Si/Gun/Gu may assign the relevant public official to conduct a necessary investigation or medical diagnosis by entering the residence, means of transportation, such as a ship, aircraft, or train, or any other place where a patient, etc. with any of the following infectious diseases is deemed present, and where such medical diagnosis confirms that the relevant person is a patient, etc. with an infectious disease, the relevant public official may escort and compel him/her to undergo medical treatment or be hospitalized (Article 42 paragraph 1 of the Infectious Disease Control and Prevention Act”).
· Class 1 infectious diseases;
· Tuberculosis, measle, cholera, typhoid, paratyphoid fever, bacillary dysentery, enterohemorrhagic escherichia coli infections, hepatitis A, meningococcal infection, polio, scarlet fever, or other infectious diseases prescribed by the Minister of Health and Welfare among Class 2 infectious diseases;
· Infectious diseases prescribed by the Minister of Health and Welfare among Class 3 infectious diseases;
· Infectious diseases under surveillance by the World Health Organization
- In the event of an outbreak of first-class infectious disease, the Director of Korea Disease Control and Prevention Agency, Special Self-Governing Province Governor, City/Province Governor, or Si/Gun/Gu Head may order the public official in charge to take any following measure against suspected infectees (the forepart of Article 42, Paragraph 2 of the “Infectious Disease Control and Prevention Act”).
· Self-isolation or limitation of transportation means required for facility-isolation.
· Confirmation of the suspected infectee’s infection status through wire/wireless telecommunication, information and communication technology, or location information collection (only restricted to self-isolators).
· Infection Status Check-ups
※ In this case, the relevant public official may conduct a necessary investigation or medical diagnosis to confirm the presence of infectious disease symptoms (Latter part of Article 42(2) of the Infectious Disease Control and Prevention Act).
- With respect to persons deemed patients of an infectious disease, etc. as a result of the above investigations or medical diagnosis, the Minister of Health and Welfare, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, the Mayor/Do Governor, or the head of Si/Gun/Gu may assign the relevant public official to escort and compel such persons to undergo medical treatment or be hospitalized (Article 42(3) of the Infectious Disease Control and Prevention Act).
- Where a person refuses any of the following (hereafter in this Article referred to as “investigation refuser”), the Minister of Health and Welfare, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, the Mayor/Do Governor, or the head of Si/Gun/Gu shall assign the relevant public official to escort such person to an infectious disease control institution and compel such person to undergo necessary investigation or medical diagnosis (Article 42(4) of the Infectious Disease Control and Prevention Act).
· Investigation or medical diagnosis under Article 42(1) and (2) of the Infectious Disease Control and Prevention Act
· Test under Article 13(2) of the Infectious Disease Control and Prevention Act
※ A public official who takes measures for investigation, medical diagnosis, isolation, treatment, hospitalization, or escort shall carry an identification indicating his/her authority and produce it to the relevant persons (Article 42(5) of the Infectious Disease Control and Prevention Act).
- The Minister of Health and Welfare, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, the Mayor/Do Governor, or the head of Si/Gun/Gu may quarantine or isolate an investigation refuser at his/her home or in an infectious disease control facility, and if the investigation refuser is deemed a patient of an infectious disease, etc. according to the results of an investigation or medical diagnosis, shall compel such patient to undergo medical treatment or to be hospitalized in an infectious disease control facility, and when the investigation refuser is thus treated or hospitalized, shall notify it to his/her guardian (Article 42(7) and (9) of the Infectious Disease Control and Prevention Act).
- Where any person suspected of contracting an infectious disease or investigation refuser is found not to be a patient of an infectious disease, etc., the Minister of Health and Welfare, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, the Mayor/Do Governor, or the head of Si/Gun/Gu shall immediately release the above person from quarantine or isolation (Article 42(8) of the Infectious Disease Control and Prevention Act).
※ If any measure of isolation is not released without good cause, the person suspected of contracting an infectious disease or the investigation refuser may make a claim seeking the release, and in regards to the process, methods, etc. thereof, the Habeas Corpus Act shall apply mutatis mutandis (Article 42(10) of the Infectious Disease Control and Prevention Act).
- Those fail to comply with the above compulsory measure (except those who refuse hospitalization or isolation under Article 42(1), Subparagraph 1 of (2), (3) and (7) of the Infectious Disease Control and Prevention Act) shall be punished by fine not exceeding 3 million Won (Article 80(5) of the Infectious Disease Control and Prevention Act).