Article 1(Purpose) #
The purpose of this Decree is to provide the matters entitled by the Public Health Act(hereinafter referred to as the “Act”) and the matters necessary concerning enforcement of the Act.
Article 2(Classes of Sanitation-Related Business and Sanitary Articles) #
(1) Sanitary management service as referred to in Article 2 (1) 2 (b) of the Act is a business which executes cleaning of buildings and other facilities which are used by general public for others, and sanitary management of indoor air. <Amended by Presidential Decree No. 15091, Jun. 29, 1996>
(2) Sanitary disposal business as referred to in Article 2 (1) 2 (c) of the Act is a business which packages and supplies wet towel after sanitary treatment such as disinfection or sterilization. <Amended by Presidential Decree No. 12982, Apr. 14, 1990>
(3) Deleted. <by Presidential Decree No. 12982, Apr. 14, 1990>
(4) Detergent prescribed in the provisions of Article 2 (1) 3 (b) of the Act is an agent used for any of the following cases: <Amended by Presidential Decree No. 14285, Jun. 20, 1994>
1. A cleaning agent which is used for edible vegetables or fruits;
2. A cleaning agent which is used for tableware and food containers; and
3. A cleaning agent which is used for food processing and cooking utensils.
(5) Other sanitary (articles prescribed in the provisions of Article 2 (1) 3 (c) of the Act are deposable cups, spoons, chopsticks, toothpicks and sanitary papers (includes items similar to sanitary paper). <Amended by Presidential Decree No. 12982, Apr. 14, 1990>
Article 3(Subdivision of Sanitary Entertainment Business) #
Sanitary entertainment business under the provisions of Article 2 (2) of the Act is subdivide into following business: <Amended by Presidential Decree No. 12743, Jul. 1, 1989; Presidential Decree No. 12982, Apr. 14, 1990; Presidential Decree No. 15091, Jun. 29, 1996; Presidential Decree No. 15284, Feb. 24, 1997>
1. Lodging business:
(a) Hotel business;
(b) Recreation condominium business under the Tourism Promotion Act;
(c) Motel business;
(d) Farm lodging(Hotel) business under the Rearrangement of Agricultural and Fishing Villages Act; and
(e) Inn business.
2. Bath place business: and
(a) General bath place business;
(ⅰ) Public bath place business;
(ⅱ) Family bath place business; and
(ⅲ) Sweating bath place business.
(b) Special bath place business;
(ⅰ) Sauna bath place business;
(ⅱ) Steam business; and
(ⅲ) Multipurpose bath facility business (A business operating bath facility joined with fitness center).
3. Recreation place business:
(a) Computer game place business: A business operating amusement electronics or physical training equipment;
(b) Multiple recreation facility business: A business operating two or more items of mobile or fixed recreation equipment or sports-view equipment; and
(c) Other recreation place business: A business operating mobile or fixed recreation equipment, or other recreation equipment: Provided, That the business included in multiple recreation facility business is excluded.
Article 3-2 #
Deleted.<by Presidential Decree No. 14639, May 1, 1995>
Article 4(Classes of Business Permitted) #
Recreation place business which requires permission under the provisions of Article 4 (1) of the Act is any of the following cases:
1. Computer game place business;
2. Multiple recreation facility business; and
3. Other recreation place business except any of the following businesses:
(a) A business operating indoor shooting, archery, bazooka, mini golf, shut-put or light-beam gun where users participate personally and play games similar to sports; and
(b) Other recreation place business as prescribed by the Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 15091, Jun. 29, 1996]
Article 5(Restriction on Permission) #
The case where it deems necessary to restrict the permission for public interest as referred to in Article 5 (1) 5 of the Act is the case when obtaining the permission of computer arcade business, and as prescribed by the Minister of Health and Welfare, when there is a possibility of corrupting meant a decency.
[This Article Wholly Amended by Presidential Decree No. 15091, Jun. 29, 1996]
Article 6 #
Deleted.<by Presidential Decree No. 15091, Jun. 29, 1996>
Article 7(Modification of Particulars for Business Permission and Report) #
The term “important matters as prescribed by the Presidential Decree” in Act Article 7 (1) and (2) of the Act means the following matters: <Amended by Presidential Decree No. 14446, Dec. 23, 1994>
1. Location of business office; and
2. Business facility for major part of relevant business as prescribed by the Ordinance of the Ministry of Health and Welfare.
Article 7-2(Major Facilities and Equipment) #
The term “major facilities and equipment as prescribed by the Presidential Decree” in Article 8 (2) of the Act means guest room, bathtub, water supply and drain system, recreation facility, recreation equipment, and other facilities and equipment for relevant business as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 15091, Dec. 23, 1994; Presidential Decree No. 15091, Jun. 29, 1996>
[This Article Newly Inserted by Presidential Decree No. 12982, Apr. 14, 1990]
Article 7-3(Sanitary Entertainment Business Employees) #
The term “employees as prescribed by the Presidential Decree” in Article 12 (2) of the Act means representative of sanitary entertainment businessmen and other employees (excludes simple labor employees, but in the case of the barbering services, barber’s assistant conducting shaving services are included).
[This Article Newly Inserted by Presidential Decree No. 12982, Apr. 14, 1990]
Article 7-4(Scope of Recreation Place Business whose Business Hours may be Restricted) #
The term “business which is prescribed by the Presidential Decree” in Act Article 12 (2) 3 (d) of the Act means the computer arcade business.
[This Article Newly Inserted by Presidential Decree No. 12982, Jun. 29, 1996]
Article 7-5(Recreation Place Business, etc. which shall be under Safety Inspection) #
Any person who operates multiple recreation facility business or other recreation place business under Article 12 (2) 3 (e) of the Act shall be subject to a safety inspection on the mobile or fixed recreation equipment and sports-viewing recreation equipment which he has already been operating or desires to operate.
[This Article Newly Inserted by Presidential Decree No. 12982, Apr. 14, 1990]
Article 7-6(Scope of Recreation Equipment for Inspection) #
The recreation equipment or its machine board which require inspection under Article 12 (2) of the Act are electronic amusement equipment, physical training equipment, and its machine board installed in computer arcades.
[This Article Wholly Amended by Presidential Decree No. 15091, Jun. 29, 1996]
Article 8 #
Deleted.<by Presidential Decree No. 14639, May 1, 1995>
Article 9 #
Deleted.<by Presidential Decree No. 14639, May 1, 1995>
Article 10 #
Deleted.<by Presidential Decree No. 14639, May 1, 1995>
Article 11 #
Deleted.<by Presidential Decree No. 14639, May 1, 1995>
Article 12 #
Deleted.<by Presidential Decree No. 14639, May 1, 1995>
Article 13 #
Deleted.<by Presidential Decree No. 14639, May 1, 1995>
Article 14 #
Deleted.<by Presidential Decree No. 14639, May 1, 1995>
Article 15(Report on Amendment for Manufacturing Industry of Sanitary Articles and Toys) #
The matters of which manufacturer of sanitary articles and toys are required to report on modification under the provision of Act Article 14-2 (7) of the Act and Article 39 (2) of the Act are any of the subparagraphs of Article 7. <Amended by Presidential Decree No. 15091, Jun. 29, 1996>
[This Article Wholly Amended by Presidential Decree No. 14285, Jun. 20, 1994]
Article 16(Scope of Exaggerative Advertisement etc.) #
The scope of false indication or exaggerative advertisement as provided in Article 18 (4) of the Act is any of the following cases of which radio, TV, magazine, or any printed advertisement with respect to its name, manufacturing process, quality and application of sanitary articles: <Amended by Presidential Decree No. 12982, Apr. 14, 1990; Presidential Decree No. 14639, May 1, 1995>
1. Different indication or advertisement from reported matter under Article 14 (2) of the Act;
2. Advertisement or indication of production method other than internationally or domestically approved facts which have been recognized through research or discoveries;
3. Different contents of advertisement or indication from actual product; and
4. Different manufacturing date from actual date in indicating manufacturing date.
Article 17(Qualification etc. of Sanitary Manager) #
(1) Manufacturer of sanitary articles who shall appoint a sanitary manager under the provisions of Article 19 of the Act is manufacturer of detergent. <Amended by Presidential Decree No. 14639, May 1, 1995>
(2) The qualification of sanitary manager is any of the following cases: <Amended by Presidential Decree No. 12982, Apr. 14, 1990; Presidential Decree No. 15091, Jun. 29, 1996>
1. A person who has acquired the Grade 2 or higher certificate of qualification for sanitarian, sanitation examiner, environmental (water quality) engineer or chemical engineer;
2. A person who has completed medical science, veterinary science, pharmacology, chemistry, chemical engineering, sanitary science, sanitary engineering or environmental engineering field course at a college, or a person who has an equivalent or higher qualification;
3. A person who has completed chemistry, chemical engineering, sanitary science, sanitary engineering or food engineering field course at a junior college, and engaged in relevant work one or more years;
4. A person who has graduated high school or technical high school majoring chemical engineering, food engineering, and engaged in applicable work for three or more years; and
5. A government or local official who has engaged in sanitation work for three or more years.
(3) The scope of duties for sanitary manager as referred to in Article 19 of the Act are as follows:
1. Inspection of materials and products;
2. Inspection of standards of dimension and indication;
3. Preparation and keeping records of the production and quality control; and
4. Sanitary control for facilities and employees.
Article 17-2 #
Deleted.<by Presidential Decree No. 15598, Dec. 31, 1997>
Article 18(Order to Building Owner for Facility Repair) #
If the sanitary entertainment businessman alone can not repair or difficult to repair, the building owner may be ordered to repair sanitary facilities under Act Article 21 (4) of the Act for following facilities:
1. Water and sewer system, and toilet for public use in relevant building; and
2. Other public facilities in the relevant building.
Article 18-2(Standards for Penalty Calculation) #
The amount of the penalty fine under Article 25-2 of the Act shall be calculated upon category and degree, etc. of the offense based on attached table 1 according to the guideline of the disposition of suspension for the business or manufacturing industry prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 14446, Dec. 23, 1994>
[This Article Newly Inserted by Presidential Decree No. 14285, Jun. 20, 1994]
Article 18-3(Imposition and Collection Process of Penalty) #
(1) If the head of Si/Gun/Gu desires to impose penalty under Article 25-2 of the Act, he shall notify for payment in writing with the category of the offense and the amount of penalty expressed clearly. <Amended by Presidential Decree No. 15091, Jun. 29, 1996>
(2) The collection process of penalty shall be determined by the Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 14446, Dec. 23, 1994>
[This Article Newly Inserted by Presidential Decree No. 14285, Jun. 20, 1994]
Article 19(Public Use Facilities which are Subjected to Sanitary Management) #
The building or facility which requires sanitary management under Article 26 (1) of the Act are following building or facilities: <Amended by Presidential Decree No. 12743, Jul. 1, 1989; Presidential Decree No. 12982, Apr. 14, 1990; Presidential Decree No. 14285, Jun. 20, 1994; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15584, Dec. 31, 1997>
1. Office building with the area of three thousand square meters or more, and complex building with the area of two thousand square meters or more;
2. The Public Performance Act places with the one thousand or more seats;
3. The education institute under the Act on the Establishment and Operation of Private Teaching Institutes with the area of two thousand square meter or more;
4. Large-size store, large-scale retail store, wholesale store and underground market with the area of two thousand square meter or more which has obtained establishment permission under the Wholesale and Retail Sale Trade Promotion Act (excluding facilities applicable under the Air Quality Control in Underground Locations Act);
5. Wedding ceremony hall with the area of two thousand square meters or more under the Family Ritual Standards Act;
6. Deleted; <by Presidential Decree No. 14285, Jun. 20, 1994>
7. Indoor gymnasium with the seating capacity of one thousand or more under the Installation and Utilization of Sports Facilities Act;
8. Other facilities as prescribed by the Ordinance of the Ministry of Health and Welfare.
Article 19-2(Qualification etc. of Person Responsible for Sanitary Management) #
(1) The qualification of the person responsible for sanitary management under Article 27 (7) of the Act is a person who has the qualification under Article 17 (2) of this Act: Provided, That in case of environmental engineer, a person who has acquired the certificate of qualification of water quality or air field. <Amended by Presidential Decree No. 14285, Jun. 20, 1994; Presidential Decree No. 15091, Jun. 29, 1996>
(2) The scope of duties of the person responsible for sanitary management under Article 27 (7) of the Act are as follows: <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15091, Jun. 29, 1996>
1. Setting up sanitary management plan;
2. Conformation and guidance of sanitary management standard observance determined by the Ordinance of the Ministry of Health and Welfare;
3. Conformation and guidance of disinfection and sterilization observance as referred to in the Prevention of Contagious Diseases Act; and
4. Conformation and guidance of observance of instructed matter regarding sanitary management from the administrative agency concerned.
[This Article Newly Inserted by Presidential Decree No. 12982, Apr. 14, 1990]
Article 20 #
Deleted.<by Presidential Decree No. 14707, Jul. 1, 1995>
Article 21(Petition for Authorization of Establishment) #
Any person who desires to acquire an authorization of establishment for the businessman organization(hereinafter referred to as the “organization”) under Article 33 (1) of the Act shall submit an application for authorization of establishment of organization along with all of the following documents to the Minister of Health and Welfare: <Amended by Presidential Decree No. 14446, Dec. 23, 1994; by Presidential Decree No. 15091, Jun. 29, 1996>
1. Name, address and a brief history of promoter;
2. Proceedings of inaugural general meeting;
3. Articles of association;
4. Business plan paper and an account statement;
5. Inventory of property;
6. A written appointment acceptance of officers; and
7. Curriculum vitae of officers.
Article 22(Contents of Articles of Association) #
The contents of the articles of association under Article 33 (2) are as follows:
1. Objective;
2. Title;
3. Location of the office;
4. Matters concerning assets;
5. Matters concerning number, terms of duty, appointment and termination of the supervisor and director;
6. Matters concerning voting rights for decision making and rights as representatives;
7. Matters concerning modification of articles of association; and
8. Matters concerning disposition of surplus assets.
Article 23(Settlement of Dispute on Laundry Problem) #
The organization of laundryman established under Article 32 (1) of the Act shall make best efforts to mediate dispute by proposing necessary actions or other things to resolve struggles for earliest settlement between laundryman and consumers as prescribed by the articles of association.
Article 24(Qualification and Appointment of Public Sanitation Supervisor) #
(1) Public sanitation supervisor as referred to in Article 35 shall be appointed by the Minister of Health and Welfare, the Seoul Special Metropolitan City Mayor, Metropolitan City Mayors, and Do governors (hereinafter referred to as the “Mayor/Do governors”) and the head of Si/Gun/Gu from among the public officials under his jurisdiction who fall under any of the following subparagraphs: <Amended by Presidential Decree No. 14285, Jun. 20, 1994; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15091, Jun. 29, 1996>
1. A person who has completed the prescribed course at a public sanitation supervisor training facility as designated by the Minister of Health and Welfare;
2. A person who has acquired the Grade 2 or higher certificate of qualification for sanitarian, sanitation examiner, environmental engineer;
3. A person who has completed chemistry, chemical engineering, environmental engineering or sanitary science field course at a junior college or college, or a person who has the equivalent or higher qualification;
4. A person who has acquired the license for a sanitarian, sanitation examiner, or environmental engineer in a foreign country, or a person who has been recognized by the Minister of Health and Welfare as having equivalent qualification as referred to in subparagraph 1 or 3; and
5. A person who has engaged in public health administration business for three or more years.
(2) If the personnel entitled on each subparagraphs of paragraph (1) are not sufficient for the public sanitation inspection, the Minister of Health and Welfare, the Mayors/Do governors and the head of Si/Gun/Gu may approve the qualification of public sanitation supervisor to public sanitation administrators during their in-office terms if they have completed two weeks or more of relevant training courses. <Amended by Presidential Decree No. 14285, Jun 20, 1994; Presidential Decree No. 14446, Dec. 23, 1994>
Article 25(Duties of Public Sanitation Supervisor) #
Public sanitation supervisor as referred to in Article 35 of the Act shall conduct confirmation and inspection concerning following matters:
1. Matters concerning whether the facility standard is suitable or not;
2. Matters concerning whether the conditions of observance for the businessman are performed or not;
3. Matters concerning whether the dimension and standard of sanitary articles are suitable or not;
4. Matters concerning whether the medical examination and sanitary education of employee are performed or not;
5. Matters concerning whether the duties of sanitary manager are performed or not;
6. Matters concerning whether the sanitary management standard of public use facilities are properly performed or not;
7. Matters concerning whether the administrative disposition is performed or not; and
8. Matters concerning control of other sanitary articles.
Article 26(Discussion concerning Designation of Toys) #
When the Minister of Health and Welfare designate toys which are subjected to report for manufacturing business under Article 39 (1) of the Act, he shall discuss with the director of Small and Medium Industry Administration. <Amended by Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15091, Jun. 29, 1996>
Article 26-2 #
Deleted.<by Presidential Decree No. 15964. Aug. 11, 1998>
Article 27(Entrustment of Business) #
(1) The Minister of Health and Welfare may entrust following matters under Article 41 (2) of the Act to professional agencies concerned or an organization of businessman: <Amended by Presidential Decree No. 12982, Apr. 14, 1990; Presidential Decree No. 14446, Dec. 23, 1994; Presidential Decree No. 15091, Jun. 29, 1996>
1. Inspection of facility standard of business place, and matters which the businessman shall observe;
2. Sanitary education for employees of the business place;
3. Safety inspection of recreation facility for business place under relevant organization; and
4. Inspection of the recreation facility, recreation equipment and its machine boards as referred to in Article 7-6.
(2) The method of inspection as referred to in paragraph (1) and other necessary matters shall be determined by the Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 14446, Dec. 23, 1994>
Article 28(Procedure for Imposition and Collection of Fine for Negligence) #
(1) If the head of Si/Gun/Gu (hereinafter referred to as the “person entitled to take the disposition” in this Article) desires to impose fine for negligence under Act Article 44 (1) of the Act, he shall notify for payment in writing with the fact of offense and the amount of fine for negligence expressed clearly to the person who is subjected to the disposition of fine for negligence after he investigate and conform the relevant offense.
(2) If the person entitled to take the disposition desires to impose fine for negligence under paragraph (1), he shall give an opportunity to state his opinion orally or in writing to the person who is subjected to the disposition of the fine for negligence for ten or more days of grace period. In this case, if he fails to state his opinion within grace period, he shall be regarded as not having any opinion.
(3) The amount imposed for fine for negligence with respect to the fact of offense are as attached table 2.
(4) Collection process for fine for negligence shall be determined by the Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 15091, Jun. 29, 1996]