Licensed Sanitarians Act


Published: 2010-01-18

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 Article 1 (Purpose)   print
The purpose of this Act is to serve to improve the public health by prescribing necessary matters concerning the scope of qualifications and duties of licensed sanitarians engaged in the sanitary service.
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 Article 2 (Definitions)   print
(1) For the purpose of this Act, the term "sanitary service" means the service falling under each of the following subparagraphs with respect to human physical growth, health and existence:
1. Treatment of drinking water;
2. Disposal of garbages, excretions, sewages and other kinds of waste;
3. The sanitary control of public sanitation business establishments and public facilities frequented by the public and sanitary supplies;
4. The sanitary control on the manufacturing and processing of food and food additives, food-related appliances, containers and wrapping materials;
5. Extermination of harmful insects and rats;
6. Other services that affect health and sanitation as prescribed by Presidential Decree.
(2) For the purpose of this Act, the term "licensed sanitarian" means a person who has professional knowledge and skills necessary to render the sanitary service referred to in paragraph (1) and who has obtained a license from the Minister for Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 3 (License)   print
(1) Any person who intends to be a licensed sanitarian shall fall under any of the following subparagraphs and obtain a license from the Minister for Health and Welfare after passing the state-administered examination for a sanitarian license (hereinafter referred to as "state-administered examination"): <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
1. A person who has completed a course of study in public health or sanitation at a junior college or any other equivalent or higher-level education institutions (including foreign schools whose credentials are recognized by the Minister for Health and Welfare; hereinafter the same shall apply);
2. A person who has been engaged in the sanitary service prescribed by Ordinance of the Ministry for Health and Welfare for not less than one year after graduating from a junior college or any other equivalent or higher-level education institutions;
3. A person who has been engaged in the sanitary service prescribed by Ordinance of the Ministry for Health and Welfare for not less than three years after graduating from a high school or being recognized as having academic attainments equal thereto;
4. A person who holds a foreign sanitarian license or qualifications recognized by the Minister for Health and Welfare.
(2) The state-administered examination referred to in paragraph (1) shall be held by the Minister for Health and Welfare not less than once a year, and subjects and methods of examination, passing standards and other matters necessary for such examination shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 4 (Restrictions on Qualifications to Take Examination, etc.)   print
(1) Any person falling under each of the following subparagraphs shall be disqualified to apply for the state-administered examination and obtain a sanitarian license: <Amended by Act No. 8647, Oct. 17, 2007; Act No. 9847, Dec. 29, 2009>
1. A mental patient under subparagraph 1 of Article 3 of the Mental Health Act: Provided, That this shall not apply to a person who is recognized appropriate as a licensed sanitarian by a medical specialist;
2. An addict to narcotics, cannabis or psychotropic drugs;
3. A person who was sentenced to punishment equivalent to or severer than imprisonment without labor in violation of this Act, the Infectious Disease Control and Prevention Act, the Quarantine Act, the Food Sanitation Act, the Medical Service Act, the Pharmaceutical Affairs Act, the Narcotics Act, the Cannabis Control Act, the Psychotropic Drugs Control Act or the Act on Special Measures for the Control of Public Health Crimes, and for whom the execution of such sentence has yet to be completed or remitted.
(2) Any person who has applied for the state-administered examination in an illegal manner or peformed an illegal act in relation to the state-administered examination shall be excluded from such examination or his/her passing score shall be invalidated.
(3) Any person who has been excluded from the state-administered examination or his/her passing score in the examination has been invalidated under the provisions of paragraph (2) shall be prohibited from taking such examination two times thereafter.
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 Article 5 (Registration of License)   print
(1) The Minister for Health and Welfare shall, when he/she intends to grant a license, deliver a license certificate after entering it in a licensed sanitarian register. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) Necessary matters concerning the registration of license, handling charges, and the license certificate shall be prescribed by Ordinance of the Ministry for Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 6 (Prohibition of Using Same Title)   print
No person who is not a licensed sanitarian shall be permitted to use the title of licensed sanitarian.
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 Article 7 (Revocation, etc. of License)   print
(1) The Minister for Health and Welfare shall, when a licensed sanitarian falls under each of the following subparagraphs, cancel his/her license: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
1. When the licensed sanitarian falls under each subparagraph of Article 4 (1);
2. When the licensed sanitarian rents his/her license to other persons.
(2) When a licensed sanitarian’s license has been cancelled pursuant to the provisions of paragraph (1) and the cause of the license cancellation ceases to exist, the Minister for Health and Welfare may reissue such license. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 8 (Hearings)   print
The Minister for Health and Welfare shall, where he/she intends to cancel any license under the provisions of Article 7, hold a hearing. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 9 (Entrustment of Duty)   print
The Minister for Health and Welfare may entrust his/her duty of holding the state-administered examination to the relevant specialized institutions that are deemed capable of administering such examination as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
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 Article 10 (Imposition and Collection of Administrative Fines)   print
(1) Any person who has used the title of licensed sanitarian in violation of the provisions of Article 6 shall be subject to an administrative fine not exceeding one million won.
(2) The administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister for Health and Welfare as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Any person who has objection to imposition of an administrative fine under the provisions of paragraph (2) may file an objection with the Minister for Health and Welfare within 30 days from the date on which he/she is notified of such disposition. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) Where an objection is filed under paragraph (3) by the person who has been imposed an administrative fine under the provisions of paragraph (2), the Minister for Health and Welfare shall, without delay, notify such fact to the competent court, and the competent court so notified shall conduct the trial on an administrative fine pursuant to the Non-Contentious Case Procedure Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(5) Where no objection is filed and an administrative fine is not paid within the period specified under paragraph (3), the aforementioned administrative fine shall be collected by applying mutatis mutandis provisions concerning measures against default on national taxes.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Licensed Sanitarian) Any licensed sanitarian under the previous provisions at the time when this Act enters into force shall be deemed a licensed sanitarian under this Act.
(3) (Transitional Measures concerning Licensed Sanitary Test Technician) Any licensed sanitary test technician under the previous provisions at the time when this Act enters into force shall be deemed a licensed sanitarian under this Act: Provided, That such licensed sanitary test technician shall complete an educational course prescribed by Presidential Decree within one year from the date when this Act enters into force.
ADDENDUM <Act No. 8647, Oct. 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.