Article 1(Purpose) #
The purpose of this Act is to improve health standards, thereby contributing to the promotion of national health by prescribing matters concerning the health control, etc. of business establishments used by the public. <Amended on Feb. 3, 2016>
Article 2(Definitions) #
(1) The terms used in this Act are defined as follows: <Amended on Mar. 31, 2005; Feb. 3, 2016; Dec. 3, 2019>
1. The term "public health business" means the business of rendering health control services to a large number of people, which includes the lodging business, public bath business, barbering business, beauty parlor business, laundry business, and the business of providing building sanitary control services;
2. The term "lodging business" means the business of rendering such services as facilities and accommodations, so as to make customers able to sleep and stay; provided, the case as prescribed by Presidential Decree shall be excluded, such as private houses taking lodgings, which are located in agricultural and fishery villages;
3. The term "public bath business" means the business of rendering the service falling under any of the following items to customers; provided, any bathroom, etc. attached to the lodging business place, which are prescribed by Presidential Decree, shall be excluded:
(a) The service of facilities, equipment, etc., which makes it possible for customers to take bath using water;
(b) The service of facilities, equipment, etc., which makes it possible for customers to sweat using heat generated directly or indirectly by heated elvans, yellow soils, jades, etc. or using far-infrared rays, etc.;
4. The term "barbering business" means the business of making the features of customers decent by means of cutting and trimming their hair, mustache, or beard;
5. The term "beauty parlor business" means the following businesses of making the appearance of customers beautiful by taking good care of their face, hair, skin, fingernails, toenails, and the like;
(a) Beauty parlor business (general): Business offering services including permanent curl, hair cut, the styling of hair, scalp care, hair coloring, hair washing, and eyebrow care without using medical appliances or medicines;
(b) Beauty parlor business (skin): Business offering services including analysis on skin condition, skin care, hair waxing, eyebrow care without using medical appliances or medicines;
(c) Beauty parlor business (fingernails and toenails): Business offering manicures and pedicures on fingernails and toenails;
(d) Beauty parlor business (makeup and theatrical makeup): Business offering cosmetic makeup and theatrical makeup for a face and body and eyebrow care without using medical appliances or medicines;
(e) Any other detailed business prescribed by Presidential Decree;
(f) Comprehensive beauty parlor business: Business offering all of the services listed in items (a) through (e);
6. The term "laundry business" means the business of laundering the clothing and other textile products, leather products, etc.;
7. The term "business of providing building sanitary control services" means the business of providing cleaning services, etc. to maintain cleanliness and to purify indoor air of buildings or facilities used by the public;
8. Deleted. <Dec. 22, 2015>
(2) Businesses specified in subparagraphs 2 through 4, 6 and 7 of paragraph (1) may be subdivided as prescribed by Presidential Decree. <Amended on Mar. 31, 2005; Dec. 3, 2019>
Article 3(Reporting on commencement and closure of public health business) #
(1) A person who intends to conduct a public health business shall have in place facilities and equipment required by Decree of the Ministry of Health and Welfare for each type of public health business, and file a report thereon with the head of a Si/Gun/Gu (limited to the head of an autonomous Gu; hereinafter the same shall apply). The same shall apply to any modification of the important matters prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(2) A person who has reported on a public health business pursuant to paragraph (1) (hereinafter referred to as "public health business entity") shall, if he or she closes the public health business, report thereon to the head of a Si/Gun/Gu within 20 days from the date on which he or she closes the public health business; provided, reporting closure of business is prohibited for a period during which his or her business is suspended under Article 11. <Added on Mar. 31, 2005; Feb. 3, 2016>
(3) Notwithstanding paragraph (2), if a person who has no license under Article 6 becomes an heir due to the death of a person who has filed a report on a barbering business or beauty parlor business, the heir shall file a report on the closure of the business with the head of Si/Gun/Gu within three months from the date of succession. <Added on Mar. 28, 2023>
(4) If a public health business entity has reported the closure of his or her business to the head of the competent tax office pursuant to Article 8 of the Value-Added Tax Act, or the head of the competent tax office has canceled the business registration of the public health business entity, the head of the Si/Gun/Gu may cancel the reported matters ex officio, as prescribed by Decree of the Ministry of Health and Welfare. <Added on Feb. 3, 2016; Dec. 21, 2021; Mar. 28, 2023>
(5) If necessary for ex officio cancellation under paragraph (4), the head of a Si/Gun/Gu may request the head of the competent tax office to provide information regarding whether a public health business entity is closed. In such cases, the head of the competent tax office upon receipt of such request shall provide information regarding whether the public health business entity is closed pursuant to Article 36 (1) of the Electronic Government Act. <Added on Dec. 12, 2017; Mar. 28, 2023>
(6) Matters necessary for the methods, procedures, etc. for reporting under paragraphs (1) through (3) shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Mar. 31, 2005; Feb. 29, 2008; Jan. 18, 2010; Feb. 3, 2016; Dec. 12, 2017; Mar. 28, 2023>
Article 3-2(Succession to public health business) #
(1) When a public health business entity has transferred his or her public health business or deceased, or there exists a merger of juristic persons, the said transferee, successor, or a juristic person surviving the merger, or that established by the merger, shall succeed to the position of the public health business entity. <Amended on Mar. 31, 2005>
(2) A person who has taken over the whole of facilities and equipment related to a public health business pursuant to the auction under the Civil Execution Act, the conversion under the Debtor Rehabilitation and Bankruptcy Act, or the sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act, and other procedures corresponding thereto, shall succeed to the position of the public health business entity under this Act. <Amended on Mar. 31, 2005; Mar. 31, 2010; Dec. 27, 2016>
(3) Notwithstanding the provisions of paragraph (1) or (2), in the case of barbering business or beauty parlor business, only a licentiate under the provisions of Article 6 may succeed to the position of a public health business entity.
(4) A person who has succeeded to the position of a public health business entity under the provisions of paragraph (1) or (2) shall file a report thereon with the head of a Si/Gun/Gu within a month as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
[This Article Added on Aug. 26, 2002]
Article 4(Health control obligations of public health business entities) #
(1) A public health business entity shall keep his or her business-related facilities and equipment hygienic and safe, so as not to cause any harm to the health of their users.
(2) A person who conducts a public bath business shall observe the following matters. In such cases, the detailed standards therefor shall be prescribed by Decree of the Ministry of Health and Welfare: <Amended on Mar. 31, 2005; Feb. 29, 2008; Jan. 18, 2010>
1. Where the service provided for in Article 2 (1) 3 (a) is rendered: Matters concerning the control of water quality including the water quality standards of bathhouse and the methods of testing water quality;
2. Where the service provided for in Article 2 (1) 3 (b) is rendered: Matters concerning the sanitation standards, etc.
(3) A person who conducts a barbering business shall observe the following matters: <Amended on Feb. 29, 2008; Mar. 28, 2008; Jan. 18, 2010>
1. Barbering appliances shall be kept by dividing them into the sterilized ones and non-sterilized ones, and only a throwaway razor shall be served per customer. In such cases, the standard and method for sterilizing the barbering appliances shall be prescribed by Decree of the Ministry of Health and Welfare;
2. Barber's certificate shall be posted inside the business establishment;
3. A light sign of a barbershop shall be installed outside the barbershop.
(4) A person who conducts beauty parlor business shall observe the following matters: <Amended on Feb. 29, 2008; Jan. 18, 2010>
1. Genuine make-up or skin-beauty service shall be rendered, which does not utilize any medical appliances or medicines;
2. Beauty art appliances shall be kept by dividing them into the sterilized ones and non-sterilized ones, and only a throwaway razor shall be served per customer. In such cases, the standard and method for sterilizing the beauty art appliances shall be prescribed by Decree of the Ministry of Health and Welfare;
3. Beautician's certificate shall be posted inside the business establishment.
(5) A person who conducts a laundry business shall, in using detergent, safely manage the machinery and equipment, so as not to generate any substances harmful to public health. In such cases, the types of detergents generating harmful substances, and matters necessary for the safe supervision of machinery and equipment, shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
Article 5(Prohibiting public health business entities from installing illegal cameras) #
No public health business entity shall install any camera or other mechanism with functions similar thereto, which are used for activities in violation of Article 14 (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes.
[This Article Added on Dec. 11, 2018]
Article 6(Barber's and beautician's certificates) #
(1) A person who intends to become a barber or beautician shall meet any of the following qualifications, and obtain a certificate from the head of a Si/Gun/Gu as prescribed by Decree of the Ministry of Health and Welfare: <Amended on Jan. 29, 2001; Jan. 19, 2002; Mar. 31, 2005; Dec. 14, 2007; Feb. 29, 2008; Jan. 18, 2010; Mar. 23, 2013; Dec. 11, 2018; Dec. 3, 2019>
1. A person who has graduated from the department of barbering or beauty art of a school recognized by the Minister of Education as equivalent to or higher than a junior college in the academic level;
1-2. A person who has obtained an academic degree on barbering or beauty art pursuant to Article 9 of the Act on Recognition of Credits as he or she has been recognized as a person with attainments equal to or higher than the college or junior college graduate pursuant to Article 8 of that Act;
2. A person who has completed the prescribed course of barbering or beauty art of a school recognized by the Minister of Education as equivalent to or higher than a high school in the academic level;
3. A person who has completed a specified barbering or beauty art course of at least a year at a specialized high school, vocational high school, high school, or various kinds of schools equivalent to a vocational high school under statutes or regulations governing primary or secondary education;
4. A person who has obtained qualification for a barber or a beautician under the National Technical Qualifications Act.
(2) Any of the following persons shall not be granted the certificate of barber or beautician: <Amended on Dec. 14, 2007; Feb. 29, 2008; Dec. 29, 2009; Jan. 18, 2010; Dec. 22, 2015; Feb. 3, 2016; Dec. 11, 2018>
1. A person under adult guardianship;
2. A mental patient prescribed in subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients; provided, this shall not apply to a person deemed appropriate as a barber or beautician by a medical specialist;
3. A communicable disease patient capable of harming public health, who is prescribed by Decree of the Ministry of Health and Welfare;
4. A narcotic or an addict to drugs as prescribed by Presidential Decree;
5. A person for whom one year has not yet elapsed after his or her certificate was revoked on the grounds referred to in Article 7 (1) 2, 4, 6, or 7.
Article 6-2(License for sanitarian) #
(1) A person who wishes to become a sanitarian shall be any of the following persons and obtain a license issued by the Minister of Health and Welfare after passing a national sanitarian licensing examination: <Amended on Dec. 11, 2018>
1. A person who has completed a course of study in public health or sanitation at a junior college or other equivalent or higher-level schools recognized by the Minister of Health and Welfare (including overseas schools meeting the criteria for recognition as determined and publicly notified by the Minister for Health and Welfare; hereinafter the same shall apply);
2. A person who has been recognized as having educational attainment equivalent to a graduate from a junior college pursuant to Article 8 of the Act on Recognition of Credits thereby having a degree in public health or sanitation pursuant to Article 9 of the aforementioned Act;
3. A person who has a sanitarian license or qualification issued by a foreign country (referring to a license or qualification meeting the criteria for recognition as determined and publicly notified by the Minister of Health and Welfare).
(2) National sanitarian licensing examinations referred to in paragraph (1) shall be conducted by the Minister of Health and Welfare at least once annually; examination subjects, method of conducting the examination, fail/pass criteria and other matters necessary for conducting the examination shall be prescribed by Decree of the Ministry of Health and Welfare.
(3) The Minister of Health and Welfare may entrust the affairs regarding the administration of the national sanitarian licensing examination to the Korea Health Personnel Licensing Examination Institute established under the Korea Health Personnel Licensing Examination Institute Act.
(4) A person who engages in cheating behaviors prescribed by Presidential Decree during a national sanitarian licensing examination shall be suspended from taking the national sanitarian licensing examination or shall be considered to have failed in such examination.
(5) A person suspended from taking an examination or considered to have failed in the examination under paragraph (4) will be prohibited from applying for two subsequent national sanitarian licensing examinations.
(6) When granting a sanitarian license, the Minister of Health and Welfare shall record the license in the license register and issue a license certificate to the sanitarian, as prescribed by Decree of the Ministry of Health and Welfare; provided, the Minister shall neither register a license nor issue a license certificate for persons subject to disqualification under paragraph (7) as of the date of application for the issuance of the license. <Amended on Dec. 3, 2019>
Article 7(Revocation of barber's or beautician's certificate) #
(1) When a barber or beautician falls under any of the following cases, the head of a Si/Gun/Gu may revoke his or her certificate or order a suspension of his or her certificate within a specified period not exceeding six months; provided, in cases falling under subparagraph 1, 2, 4, 6, or 7, such certificate shall be revoked: <Amended on Mar. 31, 2005; Feb. 3, 2016; Dec. 11, 2018>
1. Article 6 (2) 1;
2. When he or she comes to fall under Article 6 (2) 2 through 4;
3. When he or she leases his or her certificate to a third person;
4. When his or her qualification is revoked pursuant to the National Technical Qualifications Act;
5. When he or she is subjected to suspension of qualification pursuant to the National Technical Qualifications Act (only for the period during which his or her qualification is suspended pursuant to the National Technical Qualifications Act);
6. When he or she has obtained a certificate in duplicate (meaning the second-issued certificate);
7. When he or she continues to engage in his or her business under a suspended certificate;
8. When he or she is notified by the head of the relevant administrative agency of his or her violation of the Act on the Punishment of Arrangement of Commercial Sex Acts or the Act on the Regulation of Amusement Business Affecting Public Morals.
(2) Detailed standards for dispositions to revoke or suspend the certificate under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare, taking into account the reasons for such dispositions, the level of violation, etc. <Amended on Feb. 29, 2008; Jan. 18, 2010>
Article 7-2(Revocation of license for sanitarian) #
(1) The Minister of Health and Welfare shall revoke the license of a sanitarian where a sanitarian falls under any of the following:
1. The sanitarian falls under any subparagraph of Article 6-2 (7);
2. The sanitarian lends his or her license certificate to a third person.
(2) The Minister of Health and Welfare may re-grant a license to a sanitarian whose license was revoked under paragraph (1) 1 when the grounds on which his or her license was revoked have ceased to apply.
[This Article Added on Feb. 3, 2016]
Article 8(Scope of service of barber or beautician) #
(1) A person who has not obtained a certificate of barber or beautician under Article 6 (1) shall not open barbering business or beauty parlor business or engage in such business; provided, this shall not apply to cases where he or she works as an assistant in the barbering business or beauty parlor business under the supervision of a barber or beautician.
(2) Any service of barbering or beauty art shall not be rendered in other places than a business establishment; provided, this shall not apply to cases where there exist special reasons as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(3) Matters necessary for the scope of service of barbers or beauticians and the scope of service of assistant barbers or beauticians under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; Feb. 3, 2016>
Article 8-2(Scope of duties of sanitarian) #
The scope of duties of sanitarians shall be as follows:
1. Sanitary control of public health business establishments, public-use facilities, and sanitary supplies;
2. Treatment and sanitary control of drinking water;
3. Treatment of garbage, human excreta, sewage and other wastes;
4. The sanitary control on the manufacturing and processing of food and food additives, food-related appliances, containers and packaging materials;
5. Control of harmful insects, rodents and vectors;
6. Other duties prescribed by Presidential Decree, affecting health and sanitation.
[This Article Added on Feb. 3, 2016]
Article 9(Report, access and inspection) #
(1) If deemed necessary for public health control, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu may require any public health business entity to make necessary reports, or have a subordinate public official gain access to the business establishment, offices, etc. and inspect the implementation of obligations for health control by the public health business entity, or have the subordinate public official peruse the books or documents of the public health business, where necessary. <Amended on Aug. 26, 2002; Mar. 31, 2005; Dec. 22, 2015>
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu may inspect whether a camera or mechanism whose installation is prohibited under Article 5 has been installed in the business place of a public health business entity. In such cases, the public health business entity shall comply with the inspection in the absence of special circumstances. <Added on Dec. 11, 2018>
(3) In cases falling under paragraph (2), a Mayor/Do Governor or the head of a Si/Gun/Gu may request cooperation from the head of a competent police office. <Added on Dec. 11, 2018>
(4) In cases falling under paragraph (2), a Mayor/Do Governor or the head of a Si/Gun/Gu may issue a confirmation regarding the results of inspection to the place of business. <Added on Dec. 11, 2018>
(5) In cases falling under paragraphs (1) and (2), the relevant public official shall carry identification verifying his or her authority, and present it to relevant persons. <Added on Dec. 11, 2018>
(6) In applying paragraphs (1) and (2), with respect to tourist lodging business registered pursuant to Article 4 of the Tourism Promotion Act (hereinafter referred to as "tourist lodging business"), a prior consultation shall be made with the head of the competent administrative agency having jurisdiction over the relevant tourist lodging business; provided, this shall not apply to any urgent cases for preventing risk factors in the control of health and sanitation. <Amended on Dec. 11, 2018; Dec. 3, 2019; Dec. 21, 2021>
Article 9-2(Restriction on business) #
When the Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary to protect the public interest or to maintain public morals, he may put necessary restrictions on the business hours and activities of public health business entities and their employees. <Amended on Jan. 30, 2024>
[This Article Added on Jan. 29, 2004]
Article 10(Health guidance and improvement order) #
A Mayor/Do Governor or the head of a Si/Gun/Gu may order any of the following entities to make an improvement within a specified period, as prescribed by Decree of the Ministry of Health and Welfare: <Amended on Mar. 31, 2005; Feb. 3, 2016>
1. A public health business entity who has violated the standards for facilities and equipment for each type of public health business under Article 3 (1);
2. A public health business entity who has violated the health control obligation, etc. under Article 4;
3. Deleted. <Dec. 22, 2015>
[This Article Wholly Amended on Aug. 26, 2002]
Article 11(Closure of public health business establishment) #
(1) The head of a Si/Gun/Gu may order a public health business entity to suspend its business or partially suspend using its facilities within a specified period not exceeding six months, or to close its business establishment when any of the following circumstances is applicable; provided, in the case of the tourist lodging business, he or she shall consult in advance with the head of the administrative agency having jurisdiction over such tourist lodging business: <Amended on Aug. 26, 2002; May 25, 2007;Sep. Feb. 3, 2016; Dec. 12, 2017; Dec. 11, 2018; Dec. 3, 2019>
1. Where the public health business entity fails to report his or her business as required under the former part of Article 3 (1), or violates any of the standards for facilities and equipment;
2. Where the public health business entity fails to report any change as required under the latter part of Article 3 (1);
3. Where the public health business entity fails to report succession to a former public health business entity, as required under Article 3-2 (4);
4. Where the public health business entity fails to observe any of his or her health control obligations, etc. as required under Article 4;
4-2. Where the public health business entity has installed a camera or mechanism in violation of Article 5;
5. Where the public health business entity renders barber or beauty services at a place other than his or her business establishment in violation of Article 8 (2);
6. Where the public health business entity fails to report as required under Article 9, makes a false statement, or refuses, interferes with, or evades an access or inspection of a relevant public official, or the perusal of accounting books or documents related to his or her public health business;
7. Where the public health business entity fails to implement an improvement order issued pursuant to Article 10;
8. When the public health business entity is notified by the head of the relevant administrative agency of his or her violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, the Act on the Regulation of Amusement Business Affecting Public Morals, the Youth Protection Act, the Act on the Protection of Children and Youth against Sex Offenses, or the Medical Service Act.
(2) The head of a Si/Gun/Gu may order a public health business entity which has received a disposition of suspension of business under paragraph (1) to close its business establishment, if it continues to engage in its business during the suspended period. <Added on Feb. 3, 2016>
Article 11-2(Disposition of penalty surcharges) #
(1) Where there exists a concern over causing a serious inconvenience to the users or hampering other public interests by business suspension under Article 11 (1), the head of a Si/Gun/Gu may impose a penalty surcharge of not more than 100 million won in lieu of such business suspension; provided, the same shall not apply to cases of having been subjected to a disposition for the violation of Article 5, the Act on the Punishment of Arrangement of Commercial Sex Acts, the Act on the Protection of Children and Youth against Sex Offenses, or any subparagraph of Article 3 of the Act on the Regulation of Amusement Business Affecting Public Morals, or any violation equivalent thereto. <Amended on Feb. 3, 2016; Dec. 12, 2017; Dec. 11, 2018; Jan. 15, 2019>
(2) Matters necessary for the amount, etc. of penalty surcharges for different types, levels, etc. of violation whereon the penalty surcharge is imposed under paragraph (1) shall be prescribed by Presidential Decree.
(3) If a person liable for paying the penalty surcharge under paragraph (1) fails to pay it by the due date, the head of a Si/Gun/Gu shall first revoke the penalty surcharge imposed under paragraph (1) and shall either order suspension of business to the person pursuant to Article 11 (1) or collect such penalty surcharge pursuant to the Act on the Collection of Local Administrative Penalty Charges, as prescribed by Presidential Decree. <Amended on Aug. 6, 2013; Feb. 3, 2016; Mar. 24, 2020>
(4) Penalty surcharges imposed and collected by the head of a Si/Gun/Gu under paragraphs (1) and (3), shall devolve on the relevant Si/Gun/Gu. <Amended on Dec. 3, 2019>
(5) The head of a Si/Gun/Gu may make a written request for taxation information to the head of the competent tax office, stating the following, if necessary for collecting the penalty surcharge: <Added on Feb. 3, 2016>
1. Taxpayer's personal information;
2. The purpose of use;
3. Sales amount, based on which a penalty surcharge is to be imposed.
[This Article Added on Aug. 26, 2002]
Article 11-3(Succession to effect of administrative sanctions) #
(1) When a public health business entity has transferred his or her business or deceased, or when there exists a merger of juristic persons, the validity of administrative sanctions rendered to the previous business entity on account of a violation of Article 11 (1) shall be succeeded by the transferee, successor or a juristic person surviving the merger, for one year from the date when the period of such dispositions is expired.
(2) When a public health business entity has transferred his or her business or deceased, or when there exists a merger of juristic persons, the procedures for administrative sanctions progressing against the previous business entity on account of a violation of Article 11 (1) may proceed against the transferee, successor or a juristic person surviving the merger.
(3) Notwithstanding paragraphs (1) and (2), this shall not apply to cases where the transferee or the surviving corporation after the consolidation or merger was not aware of the sanction or the fact of violation at the time of transfer, merger, or consolidation. <Added on Dec. 3, 2019>
[This Article Added on Aug. 26, 2002]
Article 11-4(Prohibition of business of same kind) #
(1) A person (in cases of a juristic person, this includes the representative; hereafter the same shall apply through paragraph (2)) who has received an order for closure under Article 11 (1) for violation of Article 5, the Act on the Punishment of Arrangement of Commercial Sex Acts, the Act on the Protection of Children and Youth against Sex Offenses, the Act on the Regulation of Amusement Businesses Affecting Public Morals, or the Youth Protection Act (hereafter in this Article referred to as the "Act on the Punishment of Arrangement of Commercial Sex Acts, etc.") shall not conduct business of the same kind unless two years have passed since he or she has been subjected to such order for closure. <Amended on Sep. 15, 2011; Dec. 12, 2017; Dec. 11, 2018>
(2) A person who has received an order for closure under Article 11 (1) for violation of statutes other than the Act on the Punishment of Arrangement of Commercial Sex Acts, etc. shall not conduct business of the same kind unless one year has passed since he or she has been subjected to such order for closure.
(3) Unless one year has passed since an order for closure under Article 11 (1) was issued for violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, etc., no one shall conduct business of the same kind at the place of business where such order for closure has been given.
(4) Unless six months have passed since an order for closure under Article 11 (1) was issued for violation of Acts other than the Act on the Punishment of Arrangement of Commercial Sex Acts, etc., no one shall conduct business of the same kind at the place of business where such order for the closure has been given.
[This Article Added on May 25, 2007]
Article 11-5(Restrictions on use of light sign of barbershop) #
No one shall install a light sign of a barbershop without reporting a barber business to Si/Gun/Gu.
[This Article Added on Mar. 28, 2008]
Article 11-6(Announcement on violation) #
When an administrative disposition issued to a public health business entity under Article 7, 11 or 11-2 has become final, the head of a Si/Gun/Gu shall announce the type of the administrative disposition, the title of the business establishment, and other business information regarding such disposition, as prescribed by Presidential Decree.
[This Article Added on Feb. 3, 2016]
Article 12(Hearings) #
The Minister of Health and Welfare or the head of a Si/Gun/Gu shall hold a hearing in order to take any of the following dispositions:
1. Deleted; <Dec. 21, 2021>
2. To revoke or suspend the license of a barber or beautician under Article 7;
3. To revoke the license of a sanitarian under Article 7-2;
4. To issue a business suspension order, an order of partial suspension of the use of facilities, or a closure order of a business establishment under Article 11.
[This Article Wholly Amended on Feb. 3, 2016]
Article 13(Assessment of health service level) #
(1) In order to elevate a health control level of the public health business establishments (excluding the case of a tourist lodging business; hereafter the same shall apply in this Article), the Mayor/Do Governor shall formulate an assessment plan for the health service (hereinafter referred to as "assessment plan") and notify the head of a Si/Gun/Gu thereof. <Amended on Mar. 31, 2005>
(2) The head of a Si/Gun/Gu shall draw up a detailed assessment plan by area under his or her jurisdiction according to the assessment plan, and thereafter assess the level of health service of the public health business establishments (hereinafter referred to as "health service assessment"). <Amended on Mar. 31, 2005>
(3) The head of a Si/Gun/Gu may, when deemed necessary to elevate the expertise of health service assessment, require the related specialized institutions and organizations to conduct such health service assessment. <Amended on Mar. 31, 2005>
(4) Matters necessary for the cycle and method of the health service assessment, the standards for rating the health control, and other necessary matters under paragraphs (1) through (3), shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
Article 14(Publication of health control rating, etc.) #
(1) The head of a Si/Gun/Gu shall, as prescribed by Decree of the Ministry of Health and Welfare, notify the relevant public health business entities of their health control ratings according to the health service assessment, and publish such ratings. <Amended on Mar. 31, 2005; Feb. 29, 2008; Jan. 18, 2010>
(2) A public health business entity may attach a sign of his or her health control rating notified by the head of a Si/Gun/Gu under paragraph (1) at the entrance of his or her business establishment, along with the name of business establishment. <Amended on Mar. 31, 2005>
(3) The Mayor/Do Governor or the head of a Si/Gun/Gu may grant the awards to the business establishment whose level of health services is deemed to be excellent as a result of the health service assessment. <Amended on Mar. 31, 2005>
(4) The Mayor/Do Governor or the head of a Si/Gun/Gu shall perform supervision over the health of business establishments by health control ratings as a result of the health service assessment. In this case, any access to the business establishments and inspections, and the standards for health supervision by health control ratings, such as the cycle and frequency of implementing health supervision, shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Mar. 31, 2005; Feb. 29, 2008; Jan. 18, 2010>
Article 15(Public health supervisors) #
(1) Public health supervisors shall be assigned in the Special Metropolitan City, Metropolitan Cities, Dos, and Sis/Guns/Gus (limited to autonomous Gus) to perform the duties of relevant public officials pursuant to Article 3, 3-2, 4, or 8 through 11. <Amended on Mar. 31, 2005; Dec. 22, 2015>
(2) The qualifications, appointments and scope of duties of public health supervisors under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
Article 15-2(Honorary public health supervisors) #
(1) The Mayor/Do Governor may place honorary public health supervisors in order to have them perform a guidance, enlightenment, etc. for control of the public health. <Amended on Mar. 31, 2005>
(2) Matters necessary for the qualifications, methods for commission, and scope of duties of honorary public health supervisors under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Added on Aug. 26, 2002]
Article 16(Establishment of organization of public health business entities) #
Public health business entities may establish the organizations having nation-wide systems by business type, in order to ensure the elevation of the public health and national health, and to promote the sound development of their businesses.
Article 17(Sanitation education) #
(1) Public health business entities shall receive the health education every year. <Amended on Aug. 26, 2002; Jan. 29, 2004>
(2) A person who intends to file a report under the forepart of Article 3 (1) shall receive the health education in advance; provided, where he or she is unable to receive such education in advance due to extenuating circumstances, he or she may receive the health education within six months after commencing his or her business. <Amended on Aug. 26, 2002; Feb. 29, 2008; Jan. 18, 2010; Feb. 3, 2016>
(3) Of the persons subject to health education pursuant to the provisions of paragraphs (1) and (2), those who are not directly engaged in the business or those who intend to conduct a business at least in two places, shall designate a person in charge of affairs regarding the public health by place of business among their employees and have such person receive the health education. <Added on Sep. 27, 2006; Mar. 28, 2008>
(4) An organization to which the Minister of Health and Welfare granted permission or an organization under Article 16 may implement the health education under paragraphs (1) through (3). <Amended on Mar. 28, 2008; Jan. 18, 2010>
(5) Matters necessary for the methods of and procedures, etc. for the health education under the provisions of paragraphs (1) through (4) shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Mar. 28, 2008; Jan. 18, 2010>
Article 18(Delegation and entrustment) #
(1) The Minister of Health and Welfare may delegate part of his or her authority under this Act to the Mayor/Do Governor or the head of a Si/Gun/Gu as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(2) The Minister of Health and Welfare may entrust part of his or her duties to the relevant specialized institutions, as prescribed by Presidential Decree. <Added on Jan. 12, 2000; Feb. 29, 2008; Jan. 18, 2010; Dec. 11, 2018>
[Title Amended on Jan. 12, 2000]
Article 19(Subsidies from national treasury) #
The State or local governments may, within the limits of budget, subsidize the persons performing health service assessment under the provisions of Article 13 (3), for the whole or part of expenses required for the health service assessment.
Article 19-2(Fees) #
Anyone who intends to obtain a certificate of barber or beautician in accordance with the provisions of Article 6 shall pay fees as prescribed by the Presidential Decree.
[This Article Added on Mar. 31, 2005]
Article 19-3(Prohibition of use of same title) #
No person who is not a licensed sanitarian shall be permitted to use the title of licensed sanitarian.
[This Article Added on Feb. 3, 2016]
Article 19-4(Legal fiction as public officials for purposes of applying penalty provisions) #
Executive officers and employees of a relevant specialized institution that is engaged in the affairs entrusted pursuant to Article 18 (2) shall be construed as public officials for the purpose of applying Article 129 through 132 of the Criminal Act.
[This Article Added on Dec. 11, 2018]
Article 20(Penalty provisions) #
(1) A person who engages in the lodging business without filing a report thereon under the former part of Article 3 (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Added on Dec. 21, 2021>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Aug. 26, 2002; Dec. 21, 2021>
1. A person who engages in the public health business (excluding the lodging business) without filing a report thereon under the former part of Article 3 (1);
2. A person who has been issued with an order to suspend his or her business or the use of part of his or her facilities under Article 11 (1) but operates his or her business or uses the facilities during such period, or who has continued to operate his or her business even after having been issued with an order to close down his or her business establishment.
(3) Any of the following persons shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won: <Amended on Aug. 26, 2002; Dec. 21, 2021>
1. A person who fails to file a report on modification under the latter part of Article 3 (1);
2. A person who has succeeded to the position of a public health business entity under Article 3-2 (1) but fails to file a report under paragraph (4) of that Article;
3. A person who fails to comply with the matters to be observed by a public health business entity to establish a sound business order, in violation of Article 4 (7).
(4 ) Any of the following persons shall be punished by a fine not exceeding three million won: <Amended on Dec. 22, 2015; Apr. 7, 2020; Dec. 21, 2021>
1. A person who lends to or borrows from another person a certificate of barber or beautician, in violation of Article 6 (3);
2. A person who engages in brokering the lending or borrowing of a certificate of barber or beautician, in violation of Article 6 (4);
3. A person who lends to or borrows from another person the license of a sanitarian, in violation of Article 6-2 (9);
4. A person who engages in brokering the lending or borrowing of the license of a sanitarian, in violation of Article 6-2 (10);
Article 21(Joint penalty provisions) #
If a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 20, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article; provided, this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation.
[This Article Wholly Amended on Mar. 30, 2011]
Article 22(Administrative fines) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Aug. 26, 2002; Mar. 31, 2005; Mar. 28, 2008>
1. Deleted; <Feb. 3, 2016>
1-2. A person who has failed to abide by the water-quality standards or the sanitation standards of his or her bathhouse in violation of Article 4 (2) and has also failed to follow an order given to make improvements pursuant to Article 10;
2. A person who has failed to hygienically and safely manage the facilities and accommodations of his or her lodging establishment in violation of Article 4 (7);
3. A person who has failed to hygienically and safely manage the facilities and equipment of his or her public bath establishment in violation of Article 4 (7);
4. A person who has failed to file the report under Article 9, or who has refused, obstructed or evaded an access, inspection and other measures by the relevant public officials;
5. A person who has violated the improvement order under Article 10;
6. A person who has installed a light sign of barbershop in violation of Article 11-5.
(2) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Aug. 26, 2002; Feb. 3, 2016>
1. A person who has failed to comply with the obligation for health control of barbering establishment in violation of each subparagraph of Article 4 (3) and Article 4 (7);
2. A person who has failed to comply with the obligations for health control of a beauty parlor establishment in violation of each subparagraph of Article 4 (4) and Article 4 (7);
3. A person who has failed to comply with the obligations for health control of laundry establishment in violation of Article 4 (5) and (7);
4. A person who has failed to observe any of the health control obligations of a building sanitary control establishment in violation of Article 4 (6) and (7);
5. A person who has rendered his or her barber or beauty parlor service at a place other than the business establishment in violation of Article 8 (2);
6. A person who has failed to receive the health education in violation of Article 17 (1).
(3) A person who uses the term "sanitarian" as his or her title, in violation of Article 19-3, shall be subject to an administrative fine not exceeding one million won. <Added on Feb. 3, 2016>
Article 23 #
Deleted. <Feb. 3, 2016>