PUBLIC HEALTH ACT

Article 1(Purpose) #

The purpose of this Act is to improve the sanitary level for the national health and contribute thereby to the promotion of the public welfare by providing matters concerning facilities, operation, etc. of a sanitary entertainment business and other sanitation-related businesses which are used by the general public and those concerning the sanitary control, etc. over facilities for public use and sanitary articles. <Amended by Act No. 4908, Jan. 5, 1995>

Article 2(Definitions) #

(1) For the purpose of this Act, <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4339, Mar. 8, 1991; Act No. 4908, Jan. 5, 1995; Act No. 5100, Dec. 29, 1995>

1. the term “sanitary entertainment business” means the following businesses:

(a) Accommodation business: a business which provides facilities and equipment necessary for lodgement and lodges guests;

(b) Bath place business: a business which provides facilities and equipment necessary for bathing and guests may take a bath;

(c) Deleted; <by Act No. 4106, Mar. 31, 1989>

(d) Barbering business: a business which neatly grooms the personal appearance of a guest by means of cutting or trimming his hair and beard;

(e) Beauty business: a business which beautifies the personal appearance of a guest by grooming her face, hair, skin, etc.; and

(f) Recreation place business: a business which provides the recreation facilities or instruments to let guests enjoy public recreation (including cases where a person provides the recreation facilities or instruments to let the public enjoy public recreation, for the purpose of inducing the guests or making any advertisement, concurrently with the operation of other businesses), except in the case where any person provides the speculative instruments as prescribed by the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. to carry on any speculative business, and carries on the casino business as prescribed by the Tourism Promotion Act.

2. the term “sanitation-related business” means the following businesses:

(a) Laundry business: a business which washes clothes and other textile goods or leather articles, etc. in their original forms using detergents, solvents, etc.;

(b) Sanitary management service: a business which executes for another the maintenance of cleanliness of buildings, installations, etc. and the sanitary management, etc., and which is prescribed by the Presidential Decree; and

(c) Sanitary disposal business: a business which disposes sanitarily of articles susceptible to direct impact on health and sanitation by means of disinfection, sterilization, etc. or in other ways, and which is prescribed by the Presidential Decree.

3. the term “sanitary articles manufacturing industry” means a business to manufacture the following articles:

(a) Deleted; <by Act No. 4908, Jan. 5, 1995>

(b) Detergent: an agent which washes edible vegetables, fruits and other foods or containers thereof, or food processing or cooking utensils, etc., and which is prescribed by the Presidential Decree; and

(c) Other sanitary articles: articles which require special sanitary management for the purpose of securing the public health, and which are prescribed by the Presidential Decree.

(2) The business as referred to in any of items of paragraph (1) 1 may be subdivided under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4908, Jan. 5, 1995>

Article 3(Standards of Facilities, etc.) #

(1) Any person who operates a sanitary entertainment business and a sanitation-related business, shall provide by kind of business facilities and equipment as prescribed by the Ordinance of the Ministry of Health and Welfare, and maintain and manage them. <Amended by Act No. 5100, Dec. 29, 1995>

(2) The head of Si/Gun/Gu (limited to the autonomous Gu; hereinafter the same shall apply)may determine the grade of sanitary entertainment business office by kind of business on the basis of facilities, sanitary conditions, etc. under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

Article 4(Permission and Report of Business) #

(1) Any person who desires to operate the recreation place business as prescribed by the Presidential Decree shall provide such facilities and equipment as prescribed in Article 3, and obtain by kind of business permission of the head of Si/Gun/Ku. <Amended by Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>

(2) Any person who desires to operate a sanitation-related business, or sanitary entertainment business excluding such recreation place business as prescribed by the Presidential Decree under paragraph(1), shall provide such facilities and equipment as prescribed in Article 3, and make a report by kind of business to the head of Si/Gun/Gu. <Amended by Act No. 4106, Mar. 31, 1989; Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>

(3) Deleted. <by Act No. 5100, Dec. 29, 1995>

(4) In granting permission under paragraph (1), the head of Si/Gun/Gu may attach thereto any condition necessary for the public health and business.

Article 5(Restriction on Permission and Report) #

(1) No business permission shall be granted under Article 4 (1) in any of the following cases: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>

1. Where facilities and equipment of business do not conform to the standards for such facilities and equipment as prescribed in Article 3 (1);

2. Where a person desires to operate the same kind of business as the business permission for which is cancelled, at the same place for which six months have not yet passed after the business permission is cancelled under Article 23 (1), except as the business permission is cancelled because a sanitary entertainment businessman suspends temporarily or discontinues the business without any justifiable reason;

3. Where a person against whom a business permission is cancelled under Article 23 (1), and one year has not passed thereafter, desires to operate the same kind of business as the cancelled one;

4. Deleted; and <by Act No. 5100, Dec. 29, 1995>

5. Where it is necessary to restrict the permission for the public interest, under the conditions as prescribed by the Presidential Decree.

(2) No report of business may be made under Article 4 (2) in any of the following cases: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>

1. Where a person desires to operate the same kind of business as that against which an order of closure is issued, at the place for which six months have not yet passed after the order of closure is issued under Article 23 (1), except as the order of closure is issued because the sanitary entertainment businessman or sanitation-related businessman suspends temporarily or discontinues the business without any justifiable reason;

2. Where a person against whom the order of closure under Article 23 (1), and one year has not passed thereafter, desires to operate the same kind of business as that which is subject to the order of closure; and

3. In case of the barbering or beauty business, where a person who fails to obtain the license for barber or hairdresser as prescribed in Article 9, or has received the order of suspension of the barber’s or hairdresser’s business as prescribed in Article 23 (2) and is now in the period, desires to carry on the business, except in a case where a person holding no license for barber or hairdresser, desires to carry on the barbering or beauty business at such facilities or place as prescribed by the Ordinance of the Ministry of Health and Welfare.

Article 6 #

Deleted.<by Act No. 5100, Dec. 29, 1995>

Article 7(Modification of Particulars of Business Permission and Report) #

(1) When a person who has obtained a permission under Article 4 (1), desires to modify important matters as prescribed by the Presidential Decree, he shall obtain the permission of the head of Si/Gun/ Gu, and when he has modified other matters, he shall report it to the head of Si/Gun/Gu.

(2) If a person who has made a report under Article 4 (2), desires to modify important matters as prescribed by the Presidential Decree, he shall report it to the head of Si/Gun/Gu.

Article 8(Succession to Business) #

(1) If a sanitary entertainment businessman or sanitation-related businessman transfers his business or dies, or juristic persons are merged, the transferee, successor or juristic person which continues to exist after the merger or is established by the merger, shall succeed to the status of the businessman.

(2) Any person who takes over all the facilities and equipment (referred to major facilities and equipment as prescribed by the Presidential Decree) of a sanitary entertainment business or sanitation-related business according to the procedure for the auction under the Civil Procedure Act, the conversion into money under the Bankruptcy Act or sale of seized property under the National Tax Collection Act, the Customs Duties Act or the Local tax Act, or other procedure corresponding to it, shall succeed to the status of the businessman. In this case, a permission of business to or a report made by the former sanitary entertainment businessman or sanitation-related businessman shall lose its effect. <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27,1993; Act No. 5100, Dec. 29, 1995>

(3) Any person who has succeeded to the status of the businessman under paragraph (1) or (2), shall report it to the head of Si/Gun/Gu within one month under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

(4) The restriction as prescribed in Article 5 (1) and (2) shall apply mutatis mutandis to the succession under paragraph (1) and the former part of paragraph (2).

Article 9(License etc. for Barber and Hairdresser) #

(1) Any person who desires to be a barber or hairdresser, shall fall under any of the following subparagraphs, and obtain a license of the Seoul Special Metropolitan City Mayor, or the Metropolitan City Mayor, or the Do governor (hereinafter referred to as the “Mayor/Do governor”) under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 5100, Dec. 29, 1995>

1. Person who has completed the barbering or hairdressing course of a junior college as designated by the Minister of Health and Welfare, or a school recognized by the Minister of Education to have the equivalent or higher scholastic ability;

2. A person who has completed the prescribed course of barbering or hairdressing for one or more years at a high technical school as designated by the Mayor/Do governor; and

3. A person who has acquired the qualification for a barber or hairdresser under the National Technical Qualifications Act.

(2) No person who falls under any of the following subparagraphs, shall obtain a license for a barber or hairdresser: <Amended by Act No. 5100, Dec. 29, 1995>

1. An adjudged incompetent;

2. A mentally deranged person or an epileptic;

3. An infectious patient is prescribed by the Ordinance of the Ministry of Health and Welfare;

4. A narcotic or toxicate addict; and

5. A person whose license is cancelled for reasons as referred to in Article 23 (2) 1 and 4, and then one year has not passed.

Article 10(Continuance, etc. of Business) #

(1) Any person who has obtained a permission or made a report under Article 4 (1) or (2), shall start his business without delay.

(2) If a sanitary entertainment businessman or a sanitation-related businessman desires to suspend his business for one or more months, to restart or to discontinue his business, he shall report it to the head of Si/Gun/Gu under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

Article 11(Restriction on Business) #

(1) If it is deemed necessary for the public interest or for maintaining good public morals, the Mayor/Do governor may place restrictions on the business hours of a sanitary entertainment business or management and operation of the business office, or other restriction necessary for the business: Provided, That if it is deemed that the same restriction is required throughout the country, the Minister of Health and Welfare may place any required restriction on the business hours, etc. <Amended by Act No. 4636, Dec. 27, 1993; Act No. 5100, Dec. 29, 1995>

(2) When the Minister of Health and Welfare or the Mayor/Do governor desires to place a restriction as referred to in paragraph (1) on the businessman of the tourist accommodation business premises and tourist entertainment facilities business premises registered under the Tourism Promotion Act or a sanitary entertainment business premises opened and operated on such business premises, he shall consult with the Minister of Culture and Sports or the Mayor/Do governor (limited to the case where he is delegated the authority of registration of the business place under the Tourism Promotion Act). <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27, 1993; Act No. 5100, Dec. 29, 1995>

Article 12(Sanitary Management of Business Premises and Matters to be Observed by Businessman) #

(1) Sanitary entertainment businessman and sanitation-related businessman shall take charge of sanitary management concerning the business according to the sanitary management standards as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

(2) Sanitary entertainment businessmen (including employees as prescribed by the Presidential Decree) shall observe the following matters and those as prescribed by the Ordinance of the Ministry of Health and Welfare for the purpose of maintaining the order of business: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>

1. Accommodation businessmen:

(a) They shall not mediate or offer a whoredom, licentious act or other act detrimental to good public morals between guests or to them, or comply with a request of guest for such an act;

(b) They shall not let boys and girls who are minors (including cases where part of them are adults) who might corrupt public morals lodge together or leave them to do so;

(c) They shall not have guests engage in gambling or speculative acts or leave them to do so; and

(d) They shall keep a hotel register and write therein the name, address, age and occupation of a guest and other necessary matters, and if a public official concerned requests it, shall show him it.

2. Bath place businessmen: they shall not perform any act as referred to in subparagraph 1 (a) and (c);

3. Recreation place businessmen:

(a) They shall not let guests engage in gambling or other speculative acts taking advantage of recreation equipment or leave them to do so;

(b) They shall not install or use any recreation equipment and its machine board manufactured in contravention of Acts and subordinate statutes;

(c) In case of recreation place business premises other than recreation place business premises for exclusive use of adults, they shall not install or use recreation equipment and its machine board to be installed or used only in such recreation place business for exclusive use of adults;

(d) In case of recreation place business for exclusive use of adults, they shall confirm the age of users and shall not let those of eighteen or less years of age enjoy the recreation; and

(e) Any person who operates recreation place businesses, which is prescribed by the Presidential Decree, shall undergo a safety inspection conducted by the Minister of Health and Welfare, on the recreation facilities or instruments for the purpose of maintaining the safety of his recreation facilities under the conditions as prescribed by the Ministry of Health and Welfare.

4. Barbering and beauty businessmen: they shall not perform any act as referred to in subparagraph 1 (a).

(3) Any sanitation-related businessman shall observe matters as prescribed by the Ordinance of the Ministry of Health and Welfare in order to maintain the order of business. <Newly Inserted by Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>

Article 12-2(Inspection of Recreation Equipment, etc.) #

Any person who desires to manufacture or import recreation facilities or instrument, or parts of such instruments as prescribed by the Presidential Decree, shall undergo an inspection of the Minister of Health and Welfare with respect to them , under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare.

[This Article Wholly Amended by Act No. 5100, Dec. 29, 1995]

Article 13(Barbering and Hairdressing Services, etc.) #

(1) No person other than a barber or hairdresser as prescribed in Article 9 may be engaged in the barbering or hairdressing service, except in case where an assistant as referred to in paragraph (3) carries out such service under the supervision of a barber or hairdresser.

(2) The barbering or hairdressing service may not be offered at a place outside of the business place, unless there is a special reason as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

(3) Those who are qualified for assistant assisting a barber’s or hairdresser’s service, shall be determined by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

(4) Any person who is engaged in the barbering or hairdressing service (including assistants), shall undergo a medical examination two or more times each year.

(5) The scope of barber’s or hairdresser’s service as referred to in paragraph (1) matters necessary for the medical examination as referred to in paragraph (4) shall be determined by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

Article 14(Standards of Facilities) #

Any person who desires to operate a business manufacturing sanitary articles, shall provide by category of business such facilities and equipment as prescribed by the Ordinance of the Ministry of Health and Welfare, and maintain and manage them. <Amended by Act No. 5100, Dec. 29, 1995>

[This Article Wholly Amended by Act No. 4217, Jan. 13, 1990]

Article 14-2(Report, etc. on Manufacturing Industry) #

(1) Deleted. <by Act No. 4908, Jan. 5, 1995>

(2) Any person who desires to carry on the detergent and other sanitary articles manufacturing industry, shall report it to the head of Si/Gun/Gu after providing such facilities and equipment as prescribed in Article 14.

(3) Any person who desires to import any sanitary articles, shall report it to the Minister of Health and Welfare under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

(4) The Minister of Health and Welfare may, if deemed necessary, have any public official or inspection agency concerned conduct a necessary inspection, before a clearance is completed with respect to the sanitary articles reported under paragraph (3). <Amended by Act No. 5100, Dec. 29, 1995>

(5) The Minister of Health and Welfare may designate any institution or organization provided with the equipment necessary for the inspection, as the inspection institution of the sanitary articles, so as to conduct the inspection as referred to in paragraph (4). <Newly Inserted by Act No. 5100, Dec. 29, 1995>

(6) Matters necessary for designation of an inspection agency to take charge of the inspection under paragraph (4), and cancellation thereof, shall be determined by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

(7) With respect to the report on the industry manufacturing the detergent and other sanitary articles, the modification of reported matters, the succession to the business, and the report on the suspension, resumption or discontinuance of the business, the provisions of Articles 7 (2), 8 (1) through (3) and 10 (2) shall be applicable mutatis mutandis, respectively, and the restriction as prescribed in Article 14-3 shall be applicable mutatis mutandis to the succession to the industry manufacturing the detergent and other sanitary articles as prescribed in Article 8 (1) and (2) (former part). <Amended by Act No. 4908, Jan. 5, 1995; Act No. 5100, Dec. 29, 1995>

[This Article Wholly Amended by Act No. 4636, Dec. 27, 1993]

Article 14-3(Restriction on Report on Manufacturing Industry) #

No report on a business manufacturing sanitary articles shall be made, in the following cases: <Amended by Act No. 4636, Dec. 27, 1993; Act No. 4908, Jan. 5, 1995>

1. Where the facilities and equipment of such manufacturing industry do not conform to the standards of facilities and equipment as prescribed in Article 14;

2. Where he desires to operate the same category of manufacturing industry at the same place within six months after an order of closure is issued under Article 23 (1);

3. Deleted; and <by Act No. 4636, Dec. 27, 1993>

4. Where a person (including the representative, in case of a juristic person) desires to operate the same category of manufacturing industry within one year after an order of closure is issued, under Article 23 (1).

[This Article Newly Inserted by Act No. 4217, Jan. 13, 1990]

Article 15(Dimension and Standards) #

(1) If it is deemed necessary for the health and sanitation, the Minister of Health and Welfare may determine the dimension and standards concerning components, manufacturing method and purpose of sanitary articles. <Amended by Act No. 5100, Dec. 29, 1995>

(2) Deleted. <Amended by Act No. 5100, Dec. 29, 1995>

(3) Notwithstanding the provisions of paragraphs (1), the dimension and standards of sanitary articles for export purpose may be conformed to those as requested by importers. <Amended by Act No. 5100, Dec. 29, 1995>

(4) No sanitary article that does not conform to the dimension and standards as prescribed in paragraph (1) shall be manufactured, sold or used. <Amended by Act No. 5100, Dec. 29, 1995>

Article 16(Preservation of Records on Self-Quality Inspection) #

The manufacturer of sanitary articles shall conduct a self-inspection on whether or not the products conform to the dimension and standards as prescribed in Article 15 (1) or (2) under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare, and preserve the records for two years from the inspection date of the products. <Amended by Act No. 5100, Dec. 29, 1995>

Article 17(Quality Control) #

Manufacturers of sanitary articles shall observe matters as prescribed by the Ordinance of the Ministry of Health and Welfare for the purpose of quality control. <Amended by Act No. 5100, Dec. 29, 1995>

Article 18(Standards of Indication) #

(1) Sanitary articles or containers or packaging of the products shall be indicated matters as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

(2) Sanitary articles etc. shall not be sold without indication as referred to in paragraph (1).

(3) No person shall make a false indication or exaggerated advertisement on the quality of sanitary articles.

(4) The scope of false indication or exaggerated advertisement as referred to in paragraph (3) shall be determined by the Presidential Decree.

Article 19(Sanitary Manager) #

(1) Any manufacturer of sanitary articles as prescribed by the Presidential Decree shall appoint a sanitary manager.

(2) The qualification, scope of duties of the sanitary manager as referred to in paragraph (1) and other necessary matters shall be determined by the Presidential Decree.

Article 20(Enforcement and Inspection) #

(1)The Minister of Health and Welfare, the Mayor/Do governor, or the head of Si/Gun/Gu may, if necessary, have a sanitary entertainment businessman, sanitation-related businessman, sanitary articles manufacturer or sanitary articles importer (hereinafter referred to as the “businessman, etc.”) make a necessary report, or have public officials concerned enter the business place, office, etc. and inspect how matters to be observed by businessman, etc. are observed, business or manufacturing facilities, related documents or books, products, etc. or take out products for a test. <Amended by Act No. 5100, Dec. 29, 1995>

(2) In cases as referred to in paragraph (1), the public official concerned shall carry with him a certificate showing his competence and present it to the interested persons.

Article 21(Sanitary Guidance and Improvement Order, etc.) #

(1) If it is deemed necessary for the public health, or it is deemed that it occurs or serious danger might occur to national health, the Minister of Health and Welfare, the Mayor/Do governor, or the head of Si/Gun/Gu may give and issue to the businessman, etc. a guidance and order necessary for the public health. <Amended by Act No. 5100, Dec. 29, 1995>

(2) If business or manufacturing facilities do not conform to the standards of facilities and equipment as prescribed in Article 3 (1) or 14, or the businessman, etc. violates this Act or any order issued under this Act, the Mayor/Do governor or the head of Si/Gun/Gu may order a repair of the facilities and equipment or other necessary improvement within fixed a period. <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27, 1993; Act No. 5100, Dec. 29, 1995>

(3) If the owner of a building and the businessman, etc. are different, the owner of the building shall cooperate with the repair of facilities according to an order issued under paragraph (2) to the fullest possible.

(4) In the case of sanitary entertainment business premises, if the owner of the building and the sanitary entertainment businessman are different, the head of Si/Gun/Gu may, if there is an inevitable reason as prescribed by the Presidential Decree, issue an order the owner of the building to repair the sanitary facilities in addition to an order to repair the facilities under paragraph (2).

Article 22(Disposition etc. of Scrap) #

(1) The head of Si/Gun/Gu may have competent public officials remove, or scrap facilities and equipment which are or might be utilized to commit any act of a barbering or beauty businessman as prohibited under Article 12 (2) 4. <Amended by Act No. 4636, Dec. 27, 1993; Act No. 5100, Dec. 29, 1995>

(2) The head of Si/Gun/Gu may have competent public officials seize, or scrap sanitary article manufactured without making a report under Article 14-2 (2). <Amended by Act No 4636, Dec. 27, 1993; by Act No. 5100, Dec. 29, 1995>

(3) With respect to sanitary article which do not conform to the dimension and standards as prescribed in Article 15, and which are extremely harmful to the public health, the head of Si/Gun/Gu may order the manufacturer or importer to collect, remove and scrap them, or have competent public officials seize or scrap them. <Amended by Act No 4636, Dec. 27, 1993; Act No. 5100, Dec. 29, 1995>

(4) In a case of as referred to in paragraphs (1) through (3), the competent public officials shall carry a certificate indicating their competence, and show it to the interested persons.

[This Article Wholly Amended by Act No. 4217, Jan. 13, 1990]

Article 23(Administrative Disposition) #

(1) If any businessman, etc. violates this Act or any order issued under this Act, the head of Si/Gun/Gu may order a cancellation of the permission on such business, or order him to close it, or to suspend such business or manufacturing industry in a prescribed period not exceeding six months. This provisions shall also apply in case of a barbering or beauty businessman, if the license for the barber or hairdresser is cancelled, or the business is suspended, under paragraph (2). <Amended by Act No. 4636, Dec. 27, 1993; Act No. 4908, Jan. 5, 1995; Act No. 5100, Dec. 29, 1995>

(2) If a barber or hairdresser falls under any of the following subparagraphs, the Mayor/Do governor may cancel the license, or order the suspension of service with a six months or less fixed period:

1. Where he violates this Act or any order issued under this Act;

2. Where he falls under any of Article 9 (2) 1 through 4;

3. Where it is deemed as a result of a medical examination under Article 13 (4) that if the barber or hairdresser continues his service, it might cause a harm and danger to the national health; and

4. Where he lends his license to another person.

(3) If the head of Si/Gun/Gu desires to take a disposition under paragraph (1) against a businessman of a tourist accommodation and tourist entertainment facilities business premises registered under the Tourism Promotion Act or a sanitary entertainment business premises opened and operated therein, he shall consult with the Minister of Culture and Sports or the Mayor/Do governor (limited to the case where he is delegated the authority of registration or the business place under the Tourism Promotion Act). <Amended by Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>

(4) The detailed standards of the administrative disposition under paragraphs (1) and (2) shall be determined by the Ordinance of the Ministry of Health and Welfare taking into consideration the cause of such administrative disposition, degree of infringement, etc. <Amended by Act No. 5100, Dec. 29, 1995>

Article 24(Hearing) #

Where the Minister of Health and Welfare, the Mayor/Do governor or the head of Si/Gun/Gu desires to make a disposition falling under any of the following subparagraphs, he shall hold a hearing:

1. Order for the cancellation of permission on business, or for its closure, as referred to in Article 23 (1) or 39 (2);

2. Cancellation of the license as referred to in Article 23 (2);

3. Revocation of the designation of the inspection institution as referred to in Article 31-2 (4); and

4. Cancellation of authorization of the organization as referred to in Article 34.

[This Article Wholly Amended by Act No. 5453, Dec. 13, 1997]

Article 25(Closing Measure, etc.) #

(1) If the businessman, etc. operates the business or manufacturing business without obtaining a permission under Article 4 (1) or (2), or 14-2 (2), or continues to operate the business after the permission is cancelled, or the business is ordered to be closed under Article 23 (1), the head of Si/ Gun/Gu may have public officials concerned take the following measures for the purpose of closing the business: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27, 1993; Act No. 4908, Jan. 5, 1995; Act No. 5100, Dec. 29, 1995>

1. Removal and deletion of signboard of the business or manufacturing premises and other business marks;

2. Posting placards notifying that the business or manufacturing premise is unlawful; and

3. Sealing to make tools or facilities indispensable for the business or manufacturing unusable.

(2) If it is deemed unnecessary to continue to maintain the sealing after the sealing is made under paragraph (1) 3, or the businessman, etc. or his representative promises to close the business or manufacturing premises or they request the release of the sealing with a justifiable reason presented, the sealing may be released. In case of placards as referred to in paragraph (1) 2, this provisions shall also apply.

(3) In taking a measure under paragraph (1) it shall be informed in writing in advance to the businessman, manufacturer or his representative, unless there is an urgent reason.

(4) Any measure as referred to in paragraph (1) shall be limited to the minimum scope necessary for banning the business or manufacturing.

(5) In a case as referred to in paragraph (1), the public official concerned shall carry with him a certificate to indicate his competence and show it to the interested persons.

Article 25-2(Disposition of Penalty) #

(1) If the businessman, etc. falls under Article 23 (1), the head of Si/ Gun/Gu may impose on him a penalty not exceeding thirty million won, in lieu of the disposition of suspension of business or manufacturing industry under the conditions as prescribed by the Presidential Decree, except in case where he falls under Article 23 (1) in contravention of the provisions of Article 12 (2) 1 (a) through (c) 2 through 4. <Amended by Act No. 5100, Dec. 29, 1995>

(2) The amount of the penalty according to the category, degree, etc. of the offense on which the penalty is imposed under paragraph (1), and other necessary matters, shall be determined by the Presidential Decree.

(3) If the penalty as referred to in paragraph (1) is not paid in the time limit, the head of Si/Gun/Gu shall collect it according to the examples of the disposition of the local tax in arrears. <Amended by Act No. 5100, Dec. 29, 1995>

(4) The amount collected as penalty under paragraphs (1) through (3) shall be the revenue of Si/Gun/Gu (limited to the autonomous Gu; hereinafter the same shall apply). <Amended by Act No. 5100, Dec, 29, 1995>

[This Article Newly Inserted by Act No. 4636, Dec. 27, 1993]

Article 26(Sanitary Management of Public Use Facilities) #

(1) The owner, possessor or manager (hereinafter referred to as “owner, etc.”) of a building or facility which a number of people use or utilize, and which is prescribed by the Presidential Decree (hereinafter referred to as the “public use facility”) shall carry out the sanitary management under this Act: Provided, That if other Acts and subordinate statutes provide for the sanitary management, this provisions shall not apply to such matters. <Amended by Act No. 5100, Dec. 29, 1995>

(2) The owner, etc. of the public use facility shall report it to the head of Si/Gun/Gu under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

Article 27(Sanitary Management Standards, etc.) #

(1) The sanitary management standards of the public use facility shall be determined by the Ordinance of the Ministry of Health and Welfare.

(2) The owner, etc. of the public use facility as prescribed by the Ordinance of the Ministry of Health and Welfare, shall designate a person responsible for sanitary management for the purpose of the sanitary management thereof.

(3) The owner, etc. of a public use facility as referred to in paragraph (2), shall have the person responsible for sanitary management as referred to in paragraph (2) conduct twice or more times a year a precise inspection on such matters as determined by the Ordinance of the Ministry of Health and Welfare, with respect to the conditions of the sanitary management of such facility.

(4) The owner, etc. of the public use facility other than those as referred to in paragraph (2), shall conduct for himself twice or more times a year the precise inspection on such matters as determined by the Ordinance of the Ministry of Health and Welfare, with respect to the conditions of the sanitary management of such facility.

(5) If the result of inspection as referred to in paragraph (3) or (4) does not conform to the sanitary management standards as referred to in paragraph (1), the owner, etc. of the public use facility shall take, without delay, any measures necessary for the sanitary management.

(6) The owner, etc. of the public use facility may entrust the inspection institution as prescribed in Article 31-2, with the precise inspection as referred to in paragraph (3) or (4).

(7) The qualification and the scope of activities of the person responsible for sanitary management as referred to in paragraph (2), and other necessary matters, shall be determined by the Presidential Decree.

[This Article Wholly Amended by Act No. 5100, Dec, 29, 1995]

Article 27-2(Indoor Environment Management of Public Use Facility) #

(1) The owner, etc. of such public use facility as prescribed by the Ordinance of the Ministry of Health and Welfare, shall conduct cleaning to purify the indoor air for the purpose of the management of a comfortable indoor environment for the public use facility.

(2) The owner, etc. of the public use facility as referred to in paragraph (1), may have any person who provides such facilities, equipment and manpower as prescribed by the Ordinance of the Ministry of Health and Welfare, and is recognized by the Mayor/Do governor, execute the cleaning on behalf of him, for the cleaning to purify the indoor air as referred to in paragraph (1).

(3) The categories and frequency of the cleaning as referred to in paragraph (1), and the matters necessary for the cleaning, shall be determined by the Ordinance of the Ministry of Health and Welfare.

[This Article Newly Inserted by Act No. 5100, Dec. 29, 1995]

Article 28(Use of Public Use Facility) #

No person who uses a public use facility, shall perform any act causing the unsanitary environment or susceptible of doing harm to the public health.

Article 28-2 #

Deleted.<by Act No. 4914, Jan. 5, 1995>

Article 29(Entrance, Inspection and Request, etc. for Correction of Management) #

(1) The head of Si/Gun/Gu may have the owner, etc. of a public use facility make a report on matters concerning the sanitary management of the facility, or the public official concerned enter the facility to inspect the sanitary conditions thereof. In this case, the public official shall carry with him a certificate indicating his competence and show it to the interested persons. <Amended by Act No. 5100, Dec. 29, 1995>

(2) If the owner, etc. of a public use facility does not observe the sanitary management standards as prescribed in Article 27 (1), the head of Si/ Gun/Gu may order him to correct it. <Amended by Act No. 5100, Dec. 29, 1995>

(3) If a public use facility which is established under or subject to other Acts and subordinate statutes, is managed in conformity with the sanitary management standards as prescribed in Article 27 (1), the Minister of Health and Welfare, the Mayor/Do governor, or the head of Si/Gun/Gu may request the administrative agency concerned to take a measure pursuant to the provisions of related Acts and subordinate statutes. <Amended by Act No. 5100, Dec. 29, 1995>

(4) Any administrative agency shall, upon receiving a request under paragraph (3), comply with it unless there is a justifiable reason.

Article 30 #

Deleted.<by Act No. 4908, Jan. 5, 1995>

Article 30-2 #

Deleted.<by Act No. 4908, Jan. 5, 1995>

Article 30-3 #

Deleted.<by Act No. 4781, Aug. 3, 1994>

Article 31 #

Deleted.<by Act No. 4636, Dec. 27, 1993>

Article 31-2(Designation of Inspection Institution) #

(1) For the purpose of a precise inspection on the conditions of sanitary management in public use facilities under Article 27 (6), the Mayor/Do governor may designate as an inspection institution any specialized institution concerned which is provided with such facilities, equipment and manpower as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 4908, Jan. 5, 1995; Act No. 5100, Dec. 29, 1995>

(2) In designating an inspection institution under paragraph (1), the Mayor/Do governor shall take into consideration distribution of facilities to be inspected, and the like. <Amended by Act No. 5100, Dec. 29, 1995>

(3) If the inspection institution designated under paragraph (1) desires to suspend, discontinue or resume the business, it shall report it to the Mayor/Do governor under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

(4) If the inspection institution designated under paragraph (1) violates this Act or any order issued under this Act, the Mayor/Do governor may revoke the designation, or order a suspension of business with a period not exceeding six months fixed. <Amended by Act No. 5100, Dec. 29, 1995>

(5) Matters necessary for the criteria for the administrative disposition as referred to in paragraph (4), and the designation, revocation, etc. of the determined by the Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 5100, Dec. 29, 1995>

Article 32(Establishment of Businessmen Organization) #

(1) In order to improve the public sanitation and national health, and to promote a sound development of the business or manufacturing business, the businessman etc. may establish a businessmen or manufacturers organization having a national organization (hereinafter referred to as the “organization”) by category of business or manufacturing business.

(2) The organization to be established under paragraph (1) shall be a juristic person.

(3) The organization may establish a branch under the conditions as prescribed by the articles of association.

(4) The provisions of the Civil Act concerning the incorporated association shall be applicable mutatis mutandis to matters not provided in this Act with respect to the organization.

Article 33(Authorization, etc. of Establishment) #

(1) If it is desired to establish an organization, its representative shall provide articles of association and other necessary documents under the conditions as prescribed by the Presidential Decree, and obtain the authorization of the Minister of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

(2) Matters to be included in the articles of association of an organization shall be determined by the Presidential Decree.

(3) If an organization desires to modify its articles of association, it shall obtain the authorization of the Minister of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

Article 34(Order, etc. of Correction or Reshuffle of Officers) #

If an organization operates a business other than that which is prescribed as its object in the articles of association, or performs an act detrimental to the public interest, the Minister of Health and Welfare may order its correction, modification of the articles of association, cancellation of authorization of organization or reshuffle of officers. <Amended by Act No. 5100, Dec. 29, 1995>

Article 35(Public Sanitation Supervisor) #

(1) In order to carry out duties of the public officials prescribed in Articles 20, 22, 25 and 29 (1), the public sanitation supervisors shall be assigned to the Ministry of Health and Welfare, the Seoul Special Metropolitan City, Metropolitan Cities, Dos and the Si/Gun/Ku. <Amended by Act No. 5100, Dec. 29, 1995>

(2) The qualification, appointment, scope of duties of the public sanitation supervisors as referred to in paragraph (1) and other necessary matters shall be determined by the Presidential Decree.

Article 36(Subsidy of National Treasury) #

The government may assist the whole or part of the following expenses in the limit of the budget: <Amended by Act No. 4636, Dec. 27, 1993>

1. Deleted, <by Act No. 4781, Aug. 3, 1994>

2. Expenses required for the entrustment of services under Article 41.

Article 37(Sanitary Education) #

(1) Ant person who is engaged in a sanitary entertainment business, a sanitation-related business and a sanitary articles manufacturing industry, shall receive a sanitary education under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>

(2) Any person who desires to obtain the permission, or make the report, on the sanitary entertainment business and the sanitation-related business as prescribed in Article 4, and who desires to make the report on the manufacturing industry of sanitary articles as prescribed in Article 14-2, shall receive sanitation education in advance: Provided, That if it is impossible to receive the education in advance, for any inevitable reason, he may receive it after the business commences, under the conditions as prescribed by the Minister of Health and Welfare. <Newly Inserted by Act No. 5100, Dec. 29, 1995>

(3) The scope of persons to receive the sanitary education under paragraph (1), method of education, procedure and other necessary matters shall be determined by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5100, Dec. 29, 1995>

Article 38(Users of Sanitary Entertainment Business Premises) #

(1) No person who use a sanitary entertainment business premises, shall request the businessman any act giving harm to the public health or good morals.

(2) When an accommodation businessman asks matters as prescribed in Article 12 (2) 1 (d) for the purpose of recording the guest list, the guest shall answer to it.

Article 39(Manufacture, etc. of Toys) #

(1) Any person who desires to operate a business manufacturing toys which might be harmful to the health when a child touches them, and which are designated by the Minister of Health and Welfare, shall report it to the head of Si/Gun/Gu. <Amended by Act No. 5100, Dec. 29, 1995>

(2) The provisions of Articles 7 (2), 8 (1) through (3), 10 (2) 2 and 4 of 14-3, 15 through 20, 21 (1) and (2), 22 (2) through (4), 23 (1) and 24 shall be applicable mutatis mutandis to the manufacturing business and sanitary management of toys. <Amended by Act No. 4217, Jan. 13, 1990>

(3) It is impossible to succeed to the toys manufacturing industry as prescribed in Article 8 (1) and the former sentence of paragraph (2) of the same Article which is applicable mutatis mutandis under paragraph (2), in the following cases: <Newly Inserted by Act No. 5100, Dec. 29, 1995>

1. Where it is intended to carry on the manufacturing industry of the same kinds of toys at the place where the order of closure is issued under Article 23 (1) which is applicable mutatis mutandis under paragraph (2), and six months have not passed thereafter; and

2. Where a person (including the representative, in the case of a juristic person) for whom one year has not passed after receiving the order of closure under Article 23 (1) which is applicable mutatis mutandis under paragraph (2), desires to carry on the manufacturing industry of the same kinds of toys.

Article 40(Fee) #

Fees shall be paid under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare, in the following cases: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27, 1993; Act No. 4908, Jan. 5, 1995; Act No. 5100, Dec. 29, 1995>

1. Permission or report on the business, manufacturing business, etc. under Articles 4 (1) and (2), 14-2 (2) and (3), and 39 (1);

2. Permission on modification under the former part of Article 7 (1);

3. Report on modification under Articles 7 (2) and 39 (2);

4. Report on taking over, etc. under Articles 8 (3), 14-2 (6) and 39 (2); and

5. License under Article 9 (1).

Article 41(Delegation, Entrustment, etc.) #

(1) The Minister of Health and Welfare may delegate a part of his authority as prescribed by this Act to the Mayor/Do governor or the head of Si/ Gun/Gu under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5100, Dec. 29, 1995>

(2) The Minister of Health and Welfare may entrust a specialized institution concerned or organization as prescribed in Article 32, with inspection services on the safety as prescribed in Article 12 (2) 3 (e),inspection services under Article 12-2, part of inspection services under Article 20 and sanitary education under Article 37 under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>

(3) Personnel and staff of the institutions or organizations which carry out the services entrusted under Article 27 (2), (4), shall be considered as public officials in application of Articles 129 through 132 of the Criminal Act. <Newly Inserted by Act No. 4217, Jan. 13, 1990>

Article 42(Penal Provisions) #

(1) Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than three years or a fine not exceeding ten million won: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27, 1993; Act No. 4908, Jan. 5, 1995; Act No. 5100, Dec. 29, 1995>

1. A person who operates a business without obtaining the permission under Article 4 (1);

2. A person who mediates or offers a whoredom it complies with a request of a guest in contravention of the provisions of Article 12 (2) 1 (a), 2 and 4;

3. A person who lets boys and girls who are minors lodge together or leave them to do so in contravention of the provisions of Article 12 (2) 1 (b);

4. A person who lets persons engage in gambling or other speculative acts or leave them to do so in contravention of the provisions of Article 12 (2) 3 (a); and

5. A person who manufactures, sells or repairs, or possesses recreation equipment or its machine board for the purpose of furnishing for gambling or other speculative acts as referred to in subparagraph 4.

(2) Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than one year or a fine not exceeding five million won: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27, 1993; Act No. 5100, Dec. 29, 1995>

1. A person who operates a business or imports without a report as prescribed in Article 4 (2), 14-2 (2) and (3) or 39 (1), or even receiving an order to close the business under Article 23 (1) (including cases where this Article is applicable mutatis mutandis under Article 39 (2));

2. A person who has succeeded to the status of a businessman under Article 8 (1) or (2), but fails to report it under Article 8 (3);

3. A person who mediates or offers a licentious act or complies with a request of a guest in contravention of Article 12 (2) 1 (a), and 2 and 4;

4. A person who installs or uses any recreation facilities, instruments or parts thereof in contravention of the provisions of Article 12 (2) 3 (b), or who manufactures or imports any recreation facilities, instruments or parts thereof without undergoing the inspection, in contravention of the provisions of Article 12-2;

5. A businessman who installs any recreation facilities or instruments without undergoing inspection on the safety, in contravention of the provisions of Article 12 (2) 3 (e);

6. A person who operates a business during a business suspension period under Article 23 (1) (including cases where this Article is applicable mutatis mutandis under Article 39 (2)); and

7. A person who conducts the precise inspection on the sanitary management conditions of any public use facility as prescribed in Article 27 (3) or (4), under an entrustment without being designated as an inspection institution under Article 31-2.

(3) Any person who falls under any of the following subparagraphs, shall be punished by a fine not exceeding two million won: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27, 1993; Act No. 4908, Jan. 5, 1995; Act No. 5100, Dec. 29, 1995>

1. A person who operates a business with permitted matters modified without obtaining a permission for such modification under the former part of Article 7 (1);

2. A person who operates a business in contravention of a restriction on the business hours, etc. under Article 11;

3. A person who lets any person engage in gambling or other speculative acts or leaves him to do so in contravention of Article 12 (2) 1 (c) and 2;

4. A person who lets persons under eighteen years of age enjoy the recreation over such business hours as determined by the Mayor/Do governor in contravention of Article 12 (2) 3 (d);

5. A person who offers barbering or hairdressing services in contravention of the provisions of Article 13 (1) or (2);

6. A person who imports, manufactures or sells sanitary articles that do not conform to the dimension and standards in contravention of the provisions of Article 15 (4) (including cases where this Article is applicable mutatis mutandis under Article 39 (2)); and

7. A person who fails to conduct cleaning to purify the indoor air in contravention of the provisions of Article 27-2.

(4) Any person who falls under any of the following subparagraphs, shall be punished by a fine not exceeding one million won: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27, 1993; Act No. 5100, Dec. 29, 1995>

1. A person who operates a business by modifying important matters as prescribed by the Presidential Decree without making a report on modification under Article 7 (2) (including cases where this Article is applicable mutatis mutandis under Article 14-2 (7) and 39 (2));

2. A person who fails to indicates on sanitary articles or containers or packaging thereof matters as prescribed by the Ordinance of the Ministry of Health and Welfare in contravention of the provisions of Article 18 (1) (including case where this Article is applicable mutatis mutandis under Article 39 (2));

3. A person who sells sanitary articles not indicated matters as prescribed by the Ordinance of the Ministry of Health and welfare in contravention of the provisions of Article 18 (2) (including cases where this Article is applicable mutatis mutandis under Article 39 (2)); and

4. A person who makes a false indication or exaggerative advertisement on the quality of sanitary articles in contravention of the provisions of Article 18 (3) (including case where this Article is applicable mutatis mutandis under Article 39 (2)).

Article 43(Fine for Negligence) #

Any person who falls under any of the following subparagraphs, shall be punished by fine for negligence not exceeding one million won: <Amended by Act No. 4217, Jan. 13, 1990; Act No. 4636, Dec. 27, 1993; Act No. 5100, Dec. 29, 1995>

1. A person who fails to make a report on modification under the latter part of Article 7 (1) (including cases where this Article is applicable mutatis mutandis under Article 14-2 (7));

2. A person who fails to keep and record a hotel register under Article 12 (2) 1 (d);

3. A person who fails to keep and undergo a medical examination under Article 13 (4);

4. A manufacturer who fails to conduct a self-inspection as prescribed in Article 16 (including cases where this Article is applicable mutatis mutandis under Article 39 (2)), or to preserve the record thereof;

5. A person who fails to make a report under Articles 20 (1) (including cases where this provision is applicable mutatis mutandis under Article 39 (2)) and 29 (1) or makes a false report, and who refuses, interferes with or evades entrance, inspection or other measure of a public official concerned;

6. A person who disobeys an order to repair, improve or correct under Article 21 (2) (including cases where this Article is applicable mutatis mutandis under Article 39 (2)) and (4) or 29 (2);

7. A person who fails to make a report under Article 26 (2);

8. The owner etc, of the public use facilities, who fails to designate a person responsible for sanitary management in contravention of the previsions of Article 27 (2);

9. The owner, etc. of the public use facility who fails to have the precise inspection as prescribed in Article 27 (3) conducted, or person responsible for sanitary management who fails to conduct the precise inspection as prescribed in the said paragraph;

10. A person who fails to conduct the precise inspection as prescribed in Article 27 (4); and

11. The owner, etc. of the public use facility, who fails to take the measures necessary for the sanitary management under Article 27 (5).

Article 43-2(Special Examples of Application of Provisions concerning Fine for Negligence) #

In application of the provisions concerning the fine for negligence as prescribed in Article 43, no fine for negligence may be imposed on any act on which the penalty is imposed under Article 25-2.

[This Article Newly Inserted by Act No. 4636, Dec. 27, 1993]

Article 44(Procedure for Imposition and Collection of Fine for Negligence) #

(1) A fine for negligence as prescribed in Article 43 shall be imposed and collected by the head of Si/Gun/Gu (hereinafter referred to as the “person entitled to take the disposition”) under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5100, Dec. 29, 1995>

(2) Any person who is dissatisfied with a disposition of a fine for negligence as referred to in paragraph (1), may raise an objection to a person entitled to take the disposition within thirty days after he is informed of such disposition. <Amended by Act No. 5100, Dec. 29, 1995>

(3) If a person who is subject to a disposition of the fine for negligence under paragraph (1), has raised an objection under paragraph (2), the person entitled to take the disposition shall notify it, without delay, to the competent court, which shall, upon receiving the notification, put the case of fine for negligence on trial under the Non-Contentious Case Litigation Procedure Act.

(4) If no objection is raised in a period as referred to in paragraph (2) and no fine for negligence is paid, it shall be collected according to the example of a disposition for local tax in arrears. <Amended by Act No. 5100, Dec. 29, 1995>

Article 45(Joint Penal Provisions) #

If a representative of a juristic person, or an agent, employee or other servants of a juristic person or individual commits an offense as prescribed in Article 42 with respect to the business of such juristic person or individual, in addition to punishment of the offender, the juristic person or individual shall also be punished by a fine as prescribed in the said Article: <Amended by Act No. 5100, Dec. 29, 1995>

Article 46(Confiscation, etc.) #

Recreation facilities, instruments or parts thereof, offered for offenses as prescribed in Article 42 (1) 4 and 5, (2) 4 may be confiscated or scrapped: Provided, That if it is impossible to confiscate it, the value thereof shall be collected additionally. <Amended by Act No. 4217, Jan. 13, 1990; Act No. 5100, Dec. 29, 1995>