Tuberculosis Prevention Act

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 Article 1 (Purpose)   print
The purpose of this Act is to prevent personal or social harm resulting from tuberculosis, by preventing tuberculosis and providing tuberculosis patients with appropriate medical treatment, and thus contribute to the improvement of citizens' health.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "tuberculosis" means the disease caused by tuberculosis bacteria;
2. The term "tuberculosis patient" means a person showing clinical symptoms as his/her body is infected with tuberculosis bacteria and tested positive in the examination of tuberculosis bacteria;
3. The term "pseudo-tuberculosis patient" means a person who has not been tested positive in the examination of tuberculosis bacteria although his/her condition is diagnosed as tuberculosis in view of clinical, radiological or histological examinations;
4. The term "contagious tuberculosis patient" means a tuberculosis patient who is tested positive in the examination of his/her expectoration for tuberculosis bacteria, and could infect any third person;
5. The term "person infected with latent-tuberculosis" means a person who shows no signs of tuberculosis in clinical, radiological or histological examinations and is tested negative in the examination of tuberculosis bacteria although he/she is infected with tuberculosis, and thus tested positive in the examination of tuberculosis infection.
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 Article 3 (Responsibility of State, Local Governments, Medical Doctors, etc.)   print
(1) The State and local governments shall conduct investigation, research, etc. for preventing tuberculosis, detecting tuberculosis patients early and providing them with appropriate medical treatment, and exterminating tuberculosis (hereinafter referred to as "tuberculosis management affairs").
(2) The heads of the medical institutions referred to in Article 3 of the Medical Service Act (hereinafter referred to as "medical institutions"), medical doctors, and other persons engaged in medical services shall cooperate in tuberculosis management affairs performed by the State and local governments.
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 Article 4 (Tuberculosis Prevention Day)   print
(1) March 24 of each year shall be designated as Tuberculosis Prevention Day to make importance in the prevention and management of tuberculosis widely known and to elevate the consciousness of tuberculosis.
(2) The State and local governments may conduct events, education and publicity projects meeting the purport of Tuberculosis Prevention Day.
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 Article 5 (Establishment and Implementation of Comprehensive Tuberculosis Management Plans)   print
(1) The Minister of Health and Welfare shall establish and implement a comprehensive tuberculosis management plan every five years, following deliberation thereon by the Specialized Tuberculosis Committee under the Communicable Diseases Control Committee established pursuant to Article 9 of the Communicable Disease Control and Prevention Act.
(2) Comprehensive tuberculosis management plans shall contain the following matters:
1. Basic policy measures for the prevention and management of tuberculosis;
2. Treatment, protection and management of tuberculosis patients, pseudo-tuberculosis patients (hereinafter referred to as "tuberculosis patient, etc."), and persons infected with latent-tuberculosis;
3. Publicity and education on tuberculosis;
4. Investigations, research of and development for tuberculosis;
5. Prevention and management of multi-drug resistant tuberculosis (referring to infection by tuberculosis bacteria resistant to at least two anti-tuberculosis drugs, including isoniazid and rifampicin);
6. Other necessary matters for tuberculosis management.
(3) A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor and the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") and the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) shall establish and implement an implementation plan based on the comprehensive tuberculosis management plan, in consideration of the circumstances of the relevant local government. In such cases, he/she shall link the comprehensive tuberculosis management plan with the regional public health and medical care plan under Article 3 of the Regional Public Health Act.
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 Article 6 (Statistics Project on Tuberculosis)   print
(1) The Minister of Health and Welfare shall carry out a project of yielding statistics (hereinafter referred to as "statistics project on tuberculosis") by collecting and analyzing data on the outbreak of and management status of tuberculosis in a sustained and systematic manner. In such cases, the Statistics Act shall apply mutatis mutandis to the collection of statistic data, the preparation of statistics, and other matters, and personal information processed to yield statistics shall be deemed the personal information to which the Act on the Protection of Personal Information Maintained by Public Institutions is not applied under Article 3 (2) of the said Act.
(2) The Minister of Health and Welfare may request any medical personnel or medical institution that diagnoses or treats a tuberculosis patient, the National Health Insurance Corporation and the Health Insurance Review and Assessment Service under the National Health Insurance Act, and any other corporation, institution or association that performs tuberculosis-related projects to present data necessary for the statistics project on tuberculosis, or present opinions thereon, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, any person who is requested to present data shall comply therewith unless extenuating circumstances exist.
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 Article 7 (Tuberculosis Patients Management Project, etc.)   print
(1) The Minister of Health and Welfare shall execute a tuberculosis patient management project to manage the medical treatment and medication of tuberculosis patients, etc. and persons infected with latent-tuberculosis in a sustained and systematic manner.
(2) The Minister of Health and Welfare shall build a tuberculosis patient management system to efficiently implement the tuberculosis patient management project.
(3) The Minister of Health and Welfare may request any medical personnel or medical institution that diagnoses or treats a tuberculosis patient, the National Health Insurance Corporation and the Health Insurance Review and Assessment Service under the National Health Insurance Act, the Statistics Korea, and any other corporation, institution or association that performs tuberculosis-related projects to present data necessary for building a tuberculosis patient management system, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, any person who is requested to present data shall comply therewith unless extenuating circumstances exist.
(4) Other necessary matters concerning the operation of the tuberculosis patients management project and the building and operation of the tuberculosis patients management system shall be prescribed by Presidential Decree.
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 Article 8 (Duty of Medical Institutions, etc. to Report)   print
(1) The head of any medical institution, medical doctor or any other person engaged in medical service shall promptly report to the director of the competent public health center, as prescribed by Ordinance of the Ministry of Health and Welfare, in any of the following cases:
1. Where he/she diagnoses a tuberculosis patient or conducts an autopsy on any person who has died of tuberculosis;
2. Where a tuberculosis patient, etc. has died.
(2) Where the report under paragraph (1) concerns patients beyond the competent jurisdiction, the director of the public health center in receipt of the report shall immediately inform the director of the competent public health center of the fact.
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 Article 9 (Instruction on Medical Treatment)   print
When deemed necessary to prevent tuberculosis and provide medical treatment with regard to tuberculosis patients reported under Article 8, the director of a public health center shall require medical doctors, nurses, or auxiliary nurses to visit the patients' homes or give appropriate instruction about medical treatment, including, but not limited to, health education.
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 Article 10 (Measures at Time of Mass Outbreak of Tuberculosis)   print
Where the Mayor/Do Governor or the head of a Si/Gun/Gu suspects the mass outbreak of tuberculosis, he/she shall conduct an epidemiological investigation and a tuberculosis examination in accordance with the standards determined by the Minister of Health and Welfare, and then take measures, such as treating a person infected with latent tuberculosis.
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 Article 11 (Tuberculosis Examinations)   print
(1) The head of a medical institution shall conduct a tuberculosis examination for employees of medical institutions, including, but not limited to, medical personnel who examine and treat tuberculosis patients in order to detect tuberculosis early.
(2) Where necessary for the early detection of tuberculosis, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may conduct a tuberculosis examination for any of the following persons who are highly likely to be infected with tuberculosis:
1. A person admitted to social welfare facilities referred to in the Social Welfare Services Act and any employees of such facilities;
2. A person who lives in a group, including, but not limited to, vagrants, the homeless, persons admitted to unreported facilities;
3. A person requested to be examined by the head of a school as deemed highly likely to be infected with tuberculosis;
4. Other persons deemed highly likely to be infected with tuberculosis by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.
(3) Necessary matters concerning those subject to the tuberculosis examination, frequency of and methods for conducting tuberculosis examinations under paragraphs (1) and (2) and other relevant matters shall be determined by Ordinance of the Ministry of Health and Welfare.
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 Article 12 (Tuberculosis Vaccinations)   print
(1) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall require newborns of less than one month to take a tuberculosis vaccination at a public health center under his/her jurisdiction.
(2) A person who has contracted a disease or who has other extenuating circumstance, among those subject to tuberculosis vaccination under paragraph (1), may be exempt from the tuberculosis vaccination.
(3) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall give the tuberculosis vaccination to those who fail to get tuberculosis vaccination under paragraph (2) after the reasons therefor cease to exist.
(4) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may entrust a medical institution with the affairs of tuberculosis vaccination referred to in paragraphs (1) and (3), as prescribed by Presidential Decree.
(5) Articles 26 through 28 of the Communicable Disease Control and Prevention Act shall apply mutatis mutandis to matters concerning public notice on the tuberculosis vaccination, tuberculosis vaccination certificates, and records, report, etc. on tuberculosis vaccination. In such cases, the term "vaccination" shall be construed as "tuberculosis vaccination".
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 Article 13 (Temporary Restriction on Being Engaged in Business)   print
(1) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall order contagious tuberculosis patients to suspend or prohibit from being engaged in the entertainment industry or other business having considerable contact with people for a certain period.
(2) No business owners or employers may reject the employment of non-contagious tuberculosis patients only because they are tuberculosis patients.
(3) The businesses in which employment is suspended or prohibited under paragraph (1) shall be determined by Ordinance of the Ministry of Health and Welfare.
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 Article 14 (Disappearance of Contagiousness and Reemployment)   print
(1) Where a person whose employment is suspended or prohibited for a certain period pursuant to Article 13 (1) receives a decision on the disappearance of contagiousness, as determined by Ordinance of the Ministry of Health and Welfare, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall revoke the suspension or prohibition order.
(2) Business owners or employers shall reinstate a person for whom a suspension or prohibition order is revoked under paragraph (1) to his/her former duties.
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 Article 15 (Hospitalization Orders)   print
(1) Where the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu deems that a tuberculosis patient is likely to transmit tuberculosis to a cohabitant or a third person, he/she may order the tuberculosis patient to be hospitalized at a medical institution determined by the Minister of Health and Welfare for a fixed period for the prevention of tuberculosis. In such cases, when there is an inevitable reason making it impossible to directly order a tuberculosis patient to be hospitalized, such order may be issued to his/her guardian.
(2) Where a person who has received a hospitalization order under paragraph (1) from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu makes an application for hospitalization, no head of a medical institution under paragraph (1) may refuse his/her hospitalization without justifiable grounds.
(3) Necessary detailed matters concerning the methods of and procedures for hospitalization under paragraph (1) and other relevant matters shall be prescribed by Presidential Decree.
(4) The scope of medical institutions designated under paragraph (1) and other relevant matters shall be determined by Ordinance of the Ministry of Health and Welfare.
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 Article 16 (Protection of Dependent Family)   print
Where it is deemed difficult for a dependent family to maintain their livelihood when a tuberculosis patient in receipt of a hospitalization order under Article 15 is hospitalized and treated at a medical institution, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall take necessary measures to protect the livelihood of the dependent family, as prescribed by Presidential Decree.
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 Article 17 (Measures for Contagious Tuberculosis Patients in Prison)   print
The head of a correctional institution provided for in subparagraph 4 of Article 2 of the Administration and Treatment of Correctional Institution Inmates Act shall take appropriate measures for the treatment of a contagious tuberculosis patient, if any, among his/her inmates, and for the prevention of contagion.
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 Articles 18 (Medical Treatment of Tuberculosis Patients, etc.)   print
(1) The Mayor/Do Governor and the head of a Si/Gun/Gu shall post medical professionals and take measures determined by Ordinance of the Ministry of Health and Welfare to provide tuberculosis patients, etc. who live in his/her jurisdiction with appropriate medical treatment, etc.
(2) The Mayor/Do Governor and the head of a Si/Gun/Gu may pay expenses incurred in conducting clinical research (limited to cases of medical doctors) and the compensation for the danger of tuberculosis contagion to medical doctors, nurses, clinical pathologists, radiotherapists and auxiliary nurses who are exclusively in charge of the medical treatment referred to in paragraph (1) within budget limits.
(3) The Mayor/Do Governor and the head of a Si/Gun/Gu may collect fees and medical expenses from any person who has undergone the medical treatment under paragraph (1), where necessary. In such cases, the relevant fees and medical expenses shall be determined by municipal ordinance of the relevant local government in accordance with the standards determined by the Minister of Health and Welfare.
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 Article 19 (Management of Persons Making Physical Contact with Contagious Tuberculosis Patients)   print
(1) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall conduct a tuberculosis examination for any of the following persons who make physical contact with a contagious tuberculosis patient, and thus are apt to be infected with tuberculosis, in accordance with the standards determined by Ordinance of the Ministry of Health and Welfare:
1. A family member of a contagious tuberculosis patient and persons who have made physical contact with such patient recently;
2. A person who lives with a contagious tuberculosis patient at group living facilities including, but not limited to, a school, military unit, or social welfare facilities, to which the contagious tuberculosis patient belongs.
(2) Where the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu detects a tuberculosis patient, etc. or a person infected with latent-tuberculosis based on the result of an examination under paragraph (1), he/she shall take necessary measures for the prevention of tuberculosis, such as treatment, etc. for the infection of latent tuberculosis, as determined by Ordinance of the Ministry of Health and Welfare.
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 Article 20 (Support for Contagious Tuberculosis Patients)   print
The Minister of Health and Welfare may subsidize expenses incurred in treating tuberculosis to contagious tuberculosis patients, including, but not limited to, patients with multi-drug resistant tuberculosis within budgetary limits, as prescribed by Presidential Decree.
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 Article 21 (Korean Tuberculosis Association)   print
(1) The Korean National Tuberculosis Association (hereinafter referred to as the "Association") shall be established to conduct the investigation and research on tuberculosis and its prevention and extermination projects.
(2) The Association shall be a juristic person.
(3) No one, other than the Korean National Tuberculosis Association referred to in paragraph (1), may use the name "Korean National Tuberculosis Association".
(4) Except as provided for in this Act, the provisions concerning incorporated foundations in the Civil Act shall apply mutatis mutandis to the Association.
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 Article 22 (Matters to be Entered in Articles of Incorporation)   print
Matters to be included in the articles of incorporation of the Association and necessary matters for its affairs shall be prescribed by Presidential Decree.
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 Article 23 (Subsidization of Expenses)   print
The Minister of Health and Welfare may subsidize all or some expenses to be incurred to the Association within budgetary limits, where deemed necessary for the Association to conduct investigations and research on tuberculosis and its prevention and extermination projects.
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 Article 24 (Use of, and Profiting from, National Property)   print
Where the State deems it necessary for the Association to conduct projects referred to in Article 21, it may permit the Association to gratuitously use national property and earn profit therefrom.
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 Article 25 (Fund-Raising, etc.)   print
(1) Where the Association intends to do a Christmas seal fund-raising or other fund-raising activities, it shall formulate a fund-raising plan and obtain permission from the Minister of Health and Welfare.
(2) Where the Association has obtained permission pursuant to paragraph (1), it may hold a Christmas seal fund-raising and other fund-raising activities, notwithstanding the Act on the Collection and Use of Donations.
(3) Any government agency, public organization, or corporation determined by Presidential Decree shall cooperate in the Christmas seal fund-raising or other fund-raising activities referred to in paragraph (2).
(4) Necessary matters concerning the methods of using fund raised pursuant to paragraph (2), reporting on actual results, and other relevant matters shall be prescribed by Presidential Decree.
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 Article 26 (Expenses Borne by Special Self-Governing Province or Si/Gun/Gu)   print
The following expenses shall be borne by a Special Self-Governing Province or a Si/Gun/Gu (a Gu means an autonomous Gu; hereinafter the same shall apply):
1. Expenses incurred in taking measures at the time of a mass outbreak of tuberculosis pursuant to Article 10;
2. Expenses incurred in conducting tuberculosis examinations pursuant to Article 11 (2);
3. Expenses related to tuberculosis vaccinations pursuant to Article 12;
4. Expenses incurred in hospitalization of tuberculosis patients pursuant to Article 15;
5. Expenses incurred in taking measures for the protection of the dependent family's livelihood pursuant to Article 16;
6. Expenses incurred in managing persons making physical contact with contagious tuberculosis patients pursuant to Article 19;
7. Other expenses incurred in preventing tuberculosis and detecting tuberculosis patients, which are performed by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.
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 Article 27 (Expenses and Subsidies Borne by City/Do)   print
(1) The following expenses shall be borne by a City/Do:
1. Expenses incurred in managing tuberculosis by branches of a corporation or association that performs tuberculosis management affairs;
2. Expenses incurred in taking measures at the time of a mass outbreak of tuberculosis pursuant to Article 10;
3. Other expenses incurred for the prevention, management, etc. of tuberculosis, which are performed by the Mayor/Do Governor.
(2) A City/Do (excluding a Special Self-Governing Province) shall subsidize the expenses to be borne by a Si/Gun/Gu under Article 26, as prescribed by Presidential Decree.
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 Article 28 (Expenses and Subsidies Borne by State)   print
(1) The following expenses shall be borne by the State:
1. Production subsidies for pharmaceuticals necessary for the prevention of tuberculosis;
2. Expenses incurred in establishing and operating medical institutions that treat tuberculosis;
3. Expenses incurred in publicizing, etc. the prevention of tuberculosis;
4. Expenses incurred in conducting the statistics project on tuberculosis pursuant Article 6;
5. Expenses incurred in conducting the tuberculosis patients management project and in building a tuberculosis patients management system pursuant to Article 7;
6. Expenses incurred in subsidizing contagious tuberculosis patients pursuant to Article 20;
7. Other expenses incurred for tuberculosis management projects.
(2) The State shall subsidize the expenses to be borne or subsidized by a City/Do under Article 27, as prescribed by Presidential Decree.
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 Article 29 (Prohibition of Divulging Confidential Information)   print
No person who is or has been engaged in tuberculosis management affairs under this Act shall divulge any confidential information he/she becomes aware of while performing his/her duties, without justifiable grounds.
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 Article 30 (Delegation or Entrustment of Authority)   print
(1) The authority of the Minister of Health and Welfare under this Act may be partially delegated to the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare or the head of a local government may entrust a relevant specialized association or institution with some of education, publicity, investigations, research, diagnosis, treatment, etc. among tuberculosis management affairs, as prescribed by Presidential Decree.
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 Article 31 (Penal Provisions)   print
(1) A person who divulges any confidential information of a patient, in violation of Article 29, shall be punished by imprisonment for not more than three years, or by a fine not exceeding 30 million won.
(2) A person who refuses hospitalization without any justifiable ground, in violation of Article 15 (2), shall be punished by imprisonment for not more than two years, or by a fine not exceeding 20 million won.
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 Article 32 (Penal Provisions)   print
A person who falls under any of the following cases shall be punished by a fine not exceeding ten million won:
1. A person who refuses employment, in violation of Article 13 (2);
2. A person who fails to permit reinstatement, in violation of Article 14 (2), although a suspension or prohibition order has been revoked.
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 Article 33 (Penal Provisions)   print
A person who falls under any of the following cases shall be punished by a fine not exceeding five million won:
1. A person who violates his/her duty to report under Article 8 (1);
2. A person who violates a suspension or prohibition order issued under Article 13 (1);
3. A person who violates a hospitalization order issued under Article 15 (1).
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (General Transitional Measures concerning Dispositions, etc.)
Any act performed by or against an administrative agency under the former provisions as at the time this Act enters into force shall be deemed an act performed by or against an administrative agency equivalent thereto under this Act.
Article 3 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
The application of penal provisions or fines for negligence to any act performed before this Act enters into force shall be governed by the former provisions.
Article 4 (Relationship to other Acts and Subordinate Statutes)
A citation of a former provision as at the time this Act enters into force shall be deemed a citation of the corresponding provision of this Act, in lieu of the former provisions, if such corresponding provision exists in this Act.