(This unofficial English-language translation is intended for reference purposes only.)


<Purpose of the bill>

This bill seeks to make the authorities issue an operation suspension order to those who operate a facility or place where there is a risk of infectious disease transmission but do not abide by the disinfection instructions;
to include facilities and places that may have been contaminated as those subject to disinfection order, in addition to buildings that have been contaminated by an infectious disease pathogen;
to provide patients with infectious disease and health care personnel with mental care services;
to add the Minister of Health and Welfare to those with the authority to order a patient’s transfer, thereby helping patients to receive proper medical services according to the severity of their symptoms.

This bill also intends to lay the legal grounds for testing persons suspected of contracting an infectious disease, limiting the means of transport for persons who are in quarantine, collecting location information, etc.; and
to have unnecessary information about infectious disease patients deleted, while banning those working in the infectious disease control arena from using information they may acquire on duty, thereby protecting personal information during the process of infectious disease response.


<Highlights of the bill>

Article 34 (2)

Crisis control measures against infectious diseases shall include the following:

1 to 5: (same as now)
5-2: (newly inserted) Systems for responses to the outbreak of an infectious disease elaborated by different stages of the spread, by types of infection vulnerability categories, and types of social welfare facilities.


Article 34-2 (1) and (2)

(1) Where the spread of an infectious disease, inflicting harm to the national health, results in the issuance of a crisis alert at the Caution level or higher as prescribed in Article 38 (2) of the Framework Act on the Management of Disasters and Safety, the commissioner of the Korea Disease Control and Prevention Agency (KDCA), city mayors, provincial governors, and heads of counties and districts shall promptly disclose information that citizens are required to be acquainted with for preventing the infectious disease, such as movement pathways, means of transportation, medical treatment institutions, and contacts of infectious disease patients, by posting such information on an information and communications network, distributing a press release, etc.: Provided, that the types of information including gender, age, etc. stipulated in the relevant president decree as irrelevant to infectious disease prevention shall be excluded.

(2) (newly inserted) The KDCA commissioner, city mayors, provincial governors, and heads of counties and districts shall immediately delete the information posted as prescribed in Paragraph (1) when the disclosure of such information is no longer necessary because, for example, its objective has been achieved.


Article 40-4, newly inserted

In order to properly respond to the spread of an infectious disease or a disaster caused by the inflow of a novel infectious disease from abroad, city mayors, provincial governors, and heads of counties and districts may take necessary actions including stockpiling and managing medications, medical equipment, etc., and distributing such medicines, equipment, etc. in the case of a disaster.


Article 40-5, newly inserted

(1) The KDCA commissioner may establish and operate an integrated information system for infectious disease control with which affairs pertaining to medical personnel, medicines, medical equipment, etc. as per the Medical Service Act can be managed, in order to efficiently and electronically record and manage the materials and data necessary for the prevention, control, and treatment of infectious diseases.


Article 41

(1) and (2): (same as now)
(3) (revised) The Minister of Health and Welfare, the KDCA commissioner, a city mayor, provincial governor, or the head of a county or district may order the transfer of a person in treatment as per Paragraph (1) or (2) to a different infectious disease control institution, etc., or a medical institution that is not an infectious disease control institution, or order the person to receive treatment at a facility that is established and operated as prescribed in subparagraph 2 of Article 37 (1) or at home, in any of the following cases:

1. There has been a change in the severity of the person’s illness;
2. A doctor(s) has decided that the person does not need any inpatient treatment;
3. The KDCA commissioner has recognized that the transfer or another measure is required for reasons such as lack of isolation beds.

(4) and (5): (same as now)


Article 42 (2)

Where any Class 1 infectious disease breaks out, the KDCA commissioner, city mayors, provincial governors, or heads of counties and districts may have relevant public officials take the following measures for persons suspected of contracting the infectious disease. In such cases, the relevant public officials may conduct a necessary investigation or medical diagnosis to confirm the presence or absence of infectious disease symptoms:

1. Quarantine at home or in a facility;
1-2. (newly inserted) Limitations on means of transportation needed for the quarantine as per subparagraph 1;
2. (revised) Checking the presence or absence of infectious disease symptoms, by means of wired or wireless communications or devices that employ information and communications technology, etc., or collecting location information. In such cases, the location information to be collected shall be limited to that of the person under quarantine as per subparagraph 1;

3. (newly inserted) Testing to confirm infections.


Article 49

(1) In order to prevent infectious diseases, the KDCA commissioner, city mayors, provincial governors, or heads of counties and districts shall take all or some of the following measures, and the Minister of Health and Welfare may take measures falling under the following subparagraphs 2, 2-2 to 2-4 and 12-2:

1 to 12-2. (same as now);
13. (revised) Issuing an order to disinfect or take other necessary measures for facilities or places that have been infected, or are suspected of having been infected, by the pathogens of a infectious disease;
14. (same as now).

(2) (same as now)

(3) (newly inserted) The governors of a special self-governing province, a city mayor, or the head of a county or district may order a manager or operator of a facility or place that has violated subparagraph 2-2 of Paragraph (1) to shut down the facility or place, or suspend its operation for a specified period of up to three months: Provided that, in cases in which a manager or operator who has received the suspension order continues to operate his or her facility or place, a new shutdown order shall be issued against the facility or place.

(4) (newly inserted) In cases in which a manager or operator continues operating his or her facility or place after he or she received a shutdown order as per paragraph (3), the governor of a special self-governing province, a city mayor, or the head of a county and district may have relevant public officials take measures falling under the following subparagraphs aimed at shutting down the facility or place:

1. Taking down the signboard or other signs of the facility or place;
2. Posting a notice, etc. to make it known that the facility or place has been shut down according to Paragraph (3).

(5) Criteria for the administrative orders as per Paragraph (3) shall be determined by relevant ordinance of the Ministry of Health and Welfare, based on types and degrees of violations.


Article 60-3 (2)

In emergency situations in which an infectious disease is transmitted into or epidemic in the Republic of Korea, the KDCA commissioner, city mayors, provincial governors, or heads of counties and districts may appoint any person falling under subparagraph 2 or 3 of Article 60-2 (3) as a disease control officer to perform disease control duties for a specified period.


Article 70-5 (newly inserted)

The Minister of Health and Welfare, city mayors, provincial governors, and heads of counties and districts may grant partial compensation first to persons who have suffered damage that falls under any of the subparagraphs in Article 70 (1) and are in urgent need of financial aid, in accordance with the results of deliberation and resolution of the Compensation Deliberation Committee.


Article 70-6, newly inserted

(1) The Minister of Health and Welfare, city mayors, provincial governors, or heads of counties and districts may provide “psychological support” as per Article 15-2 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients to infectious disease patients and their family members, those suspected of being infected, health care workers performing an infectious disease control operation, and other on-site personnel.


Article 74

No person who is or has been engaged in duties relevant to infectious diseases, such as medical examinations, inpatient treatment, diagnosis, etc. under this Act shall divulge any confidential information that he or she has obtained in the course of performing his or her duties to any third person, or use the information for any purposes other than the originally intended duties.


Article 76-2

(1) If necessary to prevent infectious diseases and block the spread of infection, the KDCA commissioner, city mayors, or provincial governors may request the heads of relevant central administrative agencies (including affiliated agencies and responsible administrative agencies thereof), the heads of local governments (including the superintendents of education as prescribed in Article 18 of the Local Education Autonomy Act), public institutions designated under Article 4 of the Act on the Management of Public Institutions, medical institutions, pharmacies, corporations, organizations, and individuals to provide the following information concerning infectious disease patients, etc., and persons suspected of having contracted an infectious disease, and persons receiving such request shall comply therewith:

1 to 4: (same as now)


Article 79-2

Any of the following persons shall be punished by imprisonment with labor for a period not to exceed one year or by a fine not to exceed 20 million won:

1-2. (same as now);
3. (newly inserted) A medical institution, pharmacy, corporation, organization, or individual who refuses to comply with a request by the KDCA commissioner, a city mayor, or provincial governor, or provides false data, in violation of Article 76-2 (1);
4. (revised) A person who refuses to comply with a request by the head of a police agency, or provides false data, in violation of the latter part of Article 76-2 (2).