Isolation of patients with infectious diseases

Patients with general infectious diseases
- In order to prevent the further spread of an infectious disease upon the outbreak of the infectious disease, the Minister of Health and Welfare, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, Mayors/Do Governors, or heads of Sis/Guns/Gus shall isolate places where persons suspected of contracting an infectious disease are present or places deemed infected by the pathogen of an infectious disease or take part of the required measures (Subparagraph 3 of Article 47 of the Infectious Disease Control and Prevention Act).
- Those who breach the above measures 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).

Quarantine station
- To prevent the inflowand spread of infectious diseases, the Commissioner of the Korea DiseaseControl and Prevention Agency may take the following measures under some or allparagraphs specified below for: Persons infected with or suspected to beinfected with infectious diseases, or Means of transport or cargo containing orsuspected to contain pathogens of infectious diseases (Article 15, paragraph 1 and Article 2, subparagraph5 of the Quarantine Act, and Article 10 of the Enforcement Rule of theQuarantine Act).
· Isolate patients infected withor suspected to be infected with an infectious disease, an infectious disease-likeillness, or carry pathogens (hereinafter referred to as “Infected Patients, etc.”)
· Surveil or isolate thefollowing persons exposed to risk factors of an infectious disease or a patientinfected with an infectious disease
√ Persons who took means of transport with patientsinfected with infectious diseases
√ Persons who took means of transport with patientsinfected with infectious diseases and are suspected of having been infectedaccordingly
· Disinfecting, disposing of, or banning to move cargothat contain or are suspected of containing pathogens of infectious diseases
· Disinfecting, orbanning/restricting use of places containing or suspected to contain infectiousdiseases
· Checking means of transport orcargo deemed necessary for inspection of whether it contains pathogens of infectious disease
· Commanding the Director of theMeans of Transport, cargo owner/manager to disinfect the means of transport orcargo containing or suspected to contain pathogens of infectious diseases
· Vaccinating persons who needto protect himself/herself from infectious diseases
- The Commissioner of the Korea Disease Control and Prevention Agencyshall isolate all Infected Patients, etc., from any facility falling under thefollowing (Main Text of Article 16, paragraph 1 of the Quarantine Act).
· The isolation facility being managed by the quarantine station designated bythe Commissioner of the Korea Disease Control andPrevention Agency
· Infectious disease control agencies, places of isolation, sanatoriums, or clinics provided for in Article 36 or 37 of the Infectious Disease Control and Prevention Act;
· Their homes;
· Infectious diseases specialty hospitals under Article 8-2 of the Infectious Disease Control and Prevention Act
· If the patient has noresidence in Korea, he/she shall stay at a facility/place designated by theCommissioner of the Korea Disease Control and Prevention Agency.
※ However, if there is a lowpossibility of pathogens spreading amongpeople, the patient may not be isolated if the Commissioner of Korea DiseaseControl and Prevention Agency determines the patient not to do so (Conditionsof Article 16, paragraph 1 of the Quarantine Act).
-Where the isolation wards or the infectious disease control agencies providedfor under paragraph (1) are deficient due to a high occurrence of patientsinfected with a quarantinable infectious disease, etc., the Commissioner of the Korea Disease Control and Prevention Agencymay install and operate temporary quarantine facilities in the following manner(Article 16 paragraph 2 of the “Quarantine Act” and Article 14 of the “Enforcement Decree of the Quarantine Act”):
· Isolation facilities separately divided within the quarantine station;
· Transportation means where the patients with the quarantinable infectious disease occurred;
· Facilities designated in consultation with the head of related administrative agencies within the quarantined area such as international airports and international ferry terminals;
· Accommodationfacilities capable of setting up temporary treatment facilities and isolationdesignated in consultation with the Head of theRelevant Administrative Agency, City Mayor, Province Governor, or thehead of a Si/Gun/Gu (refers to the head of a self-governing district).
- TheCommissioner of the Korea Disease Control and Prevention Agency may request theSpecial Self-Governing Province Governor, SpecialAutonomous City Mayor and the head of a Si/Gun/Gu to supervise the health status or isolate a personexposed to an infectious disease or risk factors ofan infectious disease resides or stays after entering the Republic ofKorea under Article 49, paragraph 1 of theInfectious Disease Control and Prevention Act (Article 17 paragraph 1 ofthe Quarantine Act).

Schools, etc.
- Child care center
· The kindergarten head may take necessary measures for quarantine, such as secluding any nursery school resident falling under any following case, or promptly order leave of absence or dismissal to infected nursery school teachers or staffs or suspected infectees (Article 32, Paragraph 2 of the “Infant Care Act,” Article 33, Paragraph 5 of “Infant Care Act Enforcement Rules”).
√ According to health examinations under Article 31 of the “Infant Care Act” or doctor’s medical diagnoses, persons suspected or apprehended to be infected with an infectious disease.
√ 「Suspected infectees under Article 2, Subparagraph 15-2 under the “Infectious Disease Control and Prevention Act.”
- Kindergarten
· Where the guidance and supervising agency (means the Minister of Education for state kindergartens and the superintendent of education for public and private kindergartens. Hereinafter referred to as the “competent agency”) deems that it is impracticable for a kindergarten to offer normal education due to urgent causes such as disasters, it may order the head of the kindergarten to suspend his/her business and the head of the kindergarten who has been issued with an order must suspend his/her business without delay (Article 31 paragraph 1 and 2 of the “Early Childhood Education Act”).
· Where the head of the kindergarten fails to suspend business despite the order issued as above, or there are particularly urgent causes, the competent agency may issue a disposition of temporarily closing the kindergarten (Article 31 paragraph 3 of the “Early Childhood Education Act”).
· For a kindergarten whose business is suspended as above, the attendance and education of young children enrolled in the kindergarten must be suspended during the period of business suspension, and for a kindergarten temporarily closed, all functions of the kindergarten except for simple administrative affairs must be suspended during the period of kindergarten closure(Article 31 paragraph 4 of the “Early Childhood Education Act”).
- Elementary, middle, and high school
· Where deemed impossible to hold normal classes due to exigent causes, such as disasters, the guidance and supervising agency (means the Minister of Education for state schools and the superintendent of education for public and private schools, and hereinafter referred to as the “competent authorities”) may issue an order to the head of a school to suspend lessons, and the head of a school in receipt of an order must suspend lessons without delay (Article 64 paragraph 1 and 2 of the “Elementary and Secondary Education Act”).
· Where the head of a school fails to suspend lessons or any specific exigent cause exist, the competent authorities may take measures to temporarily close the school (Article 64 paragraph 3 of the “Early Childhood Education Act”).
· For the school suspended as above, lessons and attendance of students must be suspended during the period of suspension, and for the school temporarily closed, all functions of the school except the simple management affairs must be suspended (Article 64 paragraph 4 of the “Elementary and Secondary Education Act”).
· The head of the school may temporarily shut down the school in the event of an urgent circumstance such as emergency disasters.In this case, the head of the school must report such fact to the competent authority without delay (Article 47 paragraph 2·3 of the “Elementary and Secondary Education Act”).

Isolation facilities, etc.
- Isolation of protected juveniles
· When any communicable disease breaks out or is likely to break out at a juvenile reformatory or a juvenile classification and examination center, the director of the juvenile reformatory or the juvenile classification and examination center (hereinafter referred to as the “director") must take preventive measures (Article 21 paragraph 1 of the “Act on the Treatment of Protected Juveniles, Etc.”).
· The director must, when protected juveniles, etc. have been infected with a communicable disease, isolate them without delay, and take necessary emergency measures for them (Article 21 paragraph 2 of the “Act on the Treatment of Protected Juveniles, Etc.”).
- Isolation of inmates
· Where any prisoner is suspected of being infected with an infectious disease, the head of the correctional facility (hereinafter referred to the “warden”) must isolate him/her for at least one week and sterilize such prisoner's personal effects (Article 53 paragraph 1 of the “Enforcement Decree of the “Administration and Treatment of Correctional Institution Inmates Act”).
· Where a prisoner is infected with an infectious disease, the relevant warden shall immediately isolate the infected prisoner and thoroughly sterilize the goods and facilities used by such prisoner (Article 53 paragraph 3 of the “Enforcement Decree of the Administration and Treatment of Correctional Institution Inmates Act”).
· Each warden shall report the above fact to the Minister of Justice without delay and notify the head of a competent regional public health clinic (Article 53 paragraph 4 of the “Enforcement Decree of the of the Administration and Treatment of Correctional Institution Inmates Act”).
- Isolation of protected foreign patients
· If a protected foreign national is diagnosed with the need for isolated protection sue to an infectious disease, etc., the responsible medical doctor must take appropriate measures for the protected foreign national, write a referral, and report to the head of the immigration agency, the head of the immigration and foreign office, the head of the immigration agency branch, the head of the immigration and foreign office branch, or the head of the foreign nation, or the head of the foreigner detention center (hereinafter referred to as “director”) (Article 7 paragraph 4 of the “Foreign National Protection Rule”).
· If a protected foreign national has contracted or is suspected to have contracted an infectious disease, the director, etc. must isolate him/her from other protected foreign nationals without delay and notify the head of the competent public health center of such fact (Article 22 paragraph 1 of the “Foreign National Protection Rule”).
· The director, etc. may quarantine and protect a protected foreign national who has contracted or is suspected to have contracted an infectious disease in solitary confinement for a period determined by the Minister of Justice (Article 40 paragraph 1 subparagraph 5 of the “Foreign National Protection Rule”).
Restrictions on patients with infectious diseases

Prohibition or suspension of entry into and departure from
- The Minister of Health and Welfare may request the Minister of Justice to prohibit or suspend any of the following persons who is likely to pose a substantial risk to public health from entering or departing from the Republic of Korea. However, the request for prohibition or suspension of entering the Republic of Korea shall apply to foreigners alone (Article 24 of the Quarantine Act).
· A patient of a quarantinable infectious disease, etc.;
· A contact of a patient of a quarantinable infectious disease, etc.;
· A person exposed to a risk factor of a quarantinable infectious disease;
· A person entering the Republic of Korea from or via a quarantine inspection required area or similar area.

No boarding
No shipowner must require seafarers prescribed by the "Enforcement Rule of the Seafarer's Act” as unfit for working onboard to work onboard among those who have an infectious disease, mental disease or other diseases (Article 82 paragraph 3 of the “Seafarer's Act”).

No boarding of passenger train
- No person with a statutory infectious disease feared to spread the disease to others is allowed to conduct an act of boarding a passenger train without the permission of the railway worker (Article 47 paragraph 1 subparagraph 7 of the "Railroad Safety Act” and Article 80 paragraph 2 of the “Enforcement Decree of the Railroad Safety Act”).
- Those who violate this provision will be punished by an administrative fine not exceeding KRW 500 thousand (Article 82 paragraph 5 subparagraph 2 of the “Railroad Safety Act”).

No boarding
- No excursion ship business operator, his/her crew members, and other employees shall engage in the activity of leasing an excursion ship to, or allowing boarding of a patient with an infectious disease (Article 12 paragraph 5 subparagraph 1 and Article 18 paragraph 2 subparagraph 1 of the “Excursion Ship and Ferry Business Act”).

No collection of blood from patients with infectious diseases
- No blood center shall collect blood from any patient with an infectious disease or any other person who falls short of health standards (Article 7 paragraph 2 of the “Blood Management Act”).
※ However, the blood may be collected to be transfused to the blood donor him/herself (Proviso of Article 7 of the “Enforcement Decree of the Blood Management Act”).
- Those who breach the above provision and collect blood will be punished by imprisonment not exceeding 2 years or by fine not exceeding KRW 20 million (Article 19 subparagraph 3 of the “Blood Management Act”).

Temporary restrictions on work
- No patients, etc. with an infectious disease may be engaged in any occupation involving frequent contact with the general public by its nature, and no one may hire patients, etc. with an infectious disease for such occupation, as prescribed by Ordinance of the Ministry of Health and Welfare (Article 45 paragraph 1 of the “Infectious Disease Control and Prevention Act” and Article 33 paragraph 2 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”).
· Cafeterias under Article 2 subparagraph 12 of the “Food Sanitation Act”;
· Foodservice businesses under Article 36 paragraph 1 subparagraph 3 of the “Food Sanitation Act”;
- Those who engage in the occupation involving frequent contact with the general public by its nature and those who hire patients, etc. with an infectious disease for such occupation will be punished by fine not exceeding KRW 3 million (Article 80 subparagraph 6 of the “Infectious Disease Control and Prevention Act”).
- The patients with any of the following infectious diseases will be temporarily restricted from working until its infectivity dies out (Article 33 paragraph 1 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”).
· Cholera;
· Typhoid;
· Paratyphoid fever;
· Bacillary dysentery;
· Enterohemorrhagic escherichia coli infections;
· Hepatitis A;

Restrictions on funeral service establishments, etc.
- The Special Self-Governing Province Governor, the Special Self-Governing City Mayor, the Mayor/Do Governor or the head of a Si/Gun/Gu may order any establisher, developer or manager of any funeral service establishment that causes or is likely to cause any hazard to public health and hygiene through transmission, etc. of any infectious disease to partially or fully restrict the use of such establishment (Article 30 subparagraph 1 of the “Act on Funeral Services, Etc.”).

Prohibition and restriction of works by those with a disease
- The business owner must prohibit or restrict the work of a person with an infectious disease according to the diagnosis of a medical doctor (Article 138 paragraph 1 of the “Occupational Safety and Health Act”).
- The business owner must allow the worker who had been subject to the prohibition or restriction of the work to be employed again without delay once he/she recovers his/her health (Article 138 paragraph 2 of the “Occupational Safety and Health Act”).