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National Assembly Legislation

  • Infectious Disease Control and Prevention Act
    • Competent Ministry : Ministry of Health and Welfare
    • Advance Publication of Legislation : 2020-08-06
    • Opinion Submission Deadline : 2020-08-20
Reasons for Proposal

Given the highly contagious nature of COVID-19, efforts such as social distancing are being made by individuals, places of business, facilities, etc., and at other various levels to prevent further spread of the disease, but in the case of diseases with a high risk of mass contagion, there is a need to order compliance with quarantine guidelines and impose administrative fines to prevent further spread.

Also, although there is a legal basis for mobilizing medical personnel, there is no legal basis for mobilizing hospital beds, etc., in medical institutions, such that there are concerns about a shortage of hospital beds.

Therefore, this proposal aims to insert a provision providing a legal basis for the Minister of Health and Welfare or the head of a local government to order compliance with quarantine guidelines and impose administrative fines in the case of violations in infectious disease epidemics, and provide a legal basis regarding mobilization of hospital beds, etc., in medical institutions and compensation for loss to improve effectiveness of quarantine measures.

A. The Minister of Health and Welfare, a Mayor/Do Governor or a head of a Si/Gun/Gu may order compliance with quarantine guidelines, limit or prohibit the public or persons vulnerable to infection from going outside to prevent infectious diseases (Article 49 (1) 2-2 through 2-4, newly inserted).

B. The Minister of Health and Welfare, a Mayor/Do Governor or a head of a Si/Gun/Gu may mobilize hospital beds in medical institutions and facilities such as training institutions and lodging facilities during an infectious disease epidemic (Article 49 (1) 12-2, newly inserted).

C. A legal basis for providing compensation for loss in the case of mobilization of hospital beds in medical institutions or facilities such as training institutions or lodging facilities shall be provided (Article 70 (1) 4).

D. A legal basis for imposing administrative fines in the case of a violation of order to comply with quarantine guidelines shall be provided (Article 83 (2) 2-2 and (3), newly inserted, etc.).


Major Provisions

Enable orders to comply with quarantine guidelines and limitation or prohibition on the public or persons vulnerable to infection from going outside to prevent the spread of infectious diseases (Article 49 (1) 2-2 through 2-4, newly inserted).

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