Article 42(Compulsory dispositions with respect to infectious diseases) #
(1) The Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may assign the relevant public official to conduct a necessary investigation or medical diagnosis by entering the residence, means of transportation, such as a ship, aircraft, or train, or any other place where a patient of any of the following infectious diseases, etc. is deemed present, and where such medical diagnosis deems that the relevant person is a patient of an infectious disease, etc., the relevant public official may escort and compel such person to undergo medical treatment or be hospitalized: <Amended on Jan. 18, 2010; Mar. 27, 2018; Aug. 11, 2020>
1. Class 1 infectious diseases;
2. Tuberculosis, measles, cholera, typhoid, paratyphoid, shigellosis, colon bacillus infection with enterorrhagia, hepatitis A, meningococcal meningitis, poliomyelitis, scarlet fever, and other infectious diseases determined by the Commissioner of the Korea Disease Control and Prevention Agency, among Class 2 infectious diseases;
3. Deleted; <Mar. 27, 2018>
4. Infectious diseases determined by the Commissioner of the Korea Disease Control and Prevention Agency, among Class 3 infectious diseases;
5. Infectious diseases under surveillance by the World Health Organization;
6. Deleted. <Mar. 27, 2018>
(2) Where any Class 1 infectious disease breaks out, the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may have the relevant public official take the following measures for persons suspected of contracting the infectious disease. In such cases, the relevant public official may conduct a necessary investigation or medical diagnosis to confirm the presence or absence of infectious disease symptoms: <Added on Mar. 4, 2020; Aug. 11, 2020; Sep. 29, 2020>
1. Home quarantine or isolation, or institutional isolation;
1-2. Restriction on the means of transportation necessary for quarantine or isolation under subparagraph 1;
2. Ascertainment of the symptoms of an infectious disease or collection of location information, using wire or wireless communications, equipment utilizing information and communications technologies, etc. In such cases, the collection of location information shall be limited to persons quarantined or isolated under subparagraph 1;
3. Infection inspection.
(3) With respect to persons deemed patients of an infectious disease, etc. as a result of investigations or medical diagnosis referred to in paragraph (2), the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may assign the relevant public official to escort and compel such persons to undergo medical treatment or be hospitalized. <Added on Mar. 4, 2020; Aug. 11, 2020>
(4) Where a person refuses an investigation or medical diagnosis referred to in paragraphs (1) and (2) or a test referred to in Article 13(2) (hereafter in this Article referred to as "investigation refuser"), the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall assign the relevant public official to escort such person to an infectious disease control institution and compel such person to undergo necessary investigation or diagnosis. <Amended on Dec. 29, 2015; Mar. 4, 2020; Aug. 11, 2020>
(5) A public official who takes measures for investigation, medical diagnosis, quarantine or isolation, treatment, hospitalization, or escort pursuant to paragraphs (1) through (4) shall carry an identification indicating his or her authority and produce it to relevant persons. <Added on Dec. 29, 2015; Mar. 4, 2020>
(6) Where necessary for taking any measure for investigation, medical diagnosis, quarantine or isolation, treatment, or hospitalization prescribed in paragraphs (2) through (4) and (7), the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request cooperation from the chief of the competent police station. In such cases, the chief of the competent police station in receipt of such request shall comply therewith unless there is a compelling reason not to do so. <Added on Dec. 29, 2015; Mar. 4, 2020; Aug. 11, 2020>
(7) The Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may quarantine or isolate any investigation refuser at such refuser’s home or in an infectious disease control facility; and if the investigation refuser is deemed a patient of an infectious disease, etc. according to the results of an investigation or medical diagnosis conducted under paragraph (4), he or she shall compel such patient to undergo medical treatment or to be hospitalized in an infectious disease control facility. <Added on Dec. 29, 2015; Mar. 4, 2020; Aug. 11, 2020>
(8) Where any person suspected of contracting an infectious disease or investigation refuser is found not to be a patient of an infectious disease, etc., the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall immediately release the investigator refuser from quarantine or isolation referred to in paragraph (2) or (7). <Added on Dec. 29, 2015; Mar. 4, 2020; Aug. 11, 2020>
(9) Where the Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu gives medical treatment to, or hospitalizes, any investigation refuser pursuant to paragraph (7), he or she shall notify the guardian of the investigation refuser thereof. In such cases, Article 43 shall apply mutatis mutandis to matters necessary for the methods of, procedures, etc. for notification. <Added on Dec. 29, 2015; Mar. 4, 2020; Aug. 11, 2020>
(10) Notwithstanding paragraph (8), if a disposition of quarantine or isolation is not released without good cause, the relevant persons suspected of contracting an infectious disease or investigation refuser may make a rescue claim seeking the release; and in regards to the process, methods, etc. of such rescue claim, the Habeas Corpus Act shall apply mutatis mutandis. In such cases, "person suspected of contracting an infectious disease or investigation refuser" shall be construed as "inmate"; and "Commissioner of the Korea Disease Control and Prevention Agency, a Mayor/Do Governor, or the head of a Si/Gun/ Gu" who has ordered the disposition of quarantine or isolation shall be construed as "custodian" (for the purposes of this paragraph, the application of Article 6(1)3 of the Habeas Corpus Act shall be excluded). <Added on Dec. 29, 2015; Mar. 4, 2020; Aug. 11, 2020>
(11) Matters necessary for the criteria for designating institutions to conduct investigations, medical diagnosis, quarantine or isolation, or treatment under paragraphs (1) through (4) and (7), the methods for quarantine and for checking the presence or absence of symptoms with regard to persons suspected of contracting an infectious disease under paragraph (2), and other relevant matters shall be prescribed by Presidential Decree. <Added on Dec. 29, 2015; Mar. 4, 2020>
(12) Matters concerning the storage, protection, use, and destruction of location information collected pursuant to paragraph (2)2 shall be governed by the Act on the Protection and Use of Location Information. <Added on Sep. 29, 2020>