SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PREVENTION AND CONTROL OF INFECTIOUS DISEASES
Article 1 (Purpose)
The purpose of this Ordinance is to contribute to improving and maintaining citizens' health by preventing the outbreak and prevalence of hazardous, infectious diseases and by prescribing matters necessary to prevent and control such diseases, under the Infectious Disease Control and Prevention Act and the Enforcement Decree of the same Act.
Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
Article 3 (Mayor's Responsibilities) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall perform the following projects in order to respect human dignity and worth of patients, etc. of an infectious disease, protect their basic rights, and prevent and control hazardous, infectious diseases:
Article 4 (Duties and Rights of Medical Personnel, etc.) (1) Medical personnel, the heads of medical institutions, etc., under the Medical Service Act within the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") shall have the right to be provided information on the medical treatment of patients of infectious diseases, and may be compensated for any damage caused by the diagnosis, treatment, etc., of patients of infectious diseases.
Article 5 (Duties and Rights of Citizens) (1) Any citizen isolated or medically treated due to an infectious disease may be compensated for any damage caused by such isolation or medical treatment.
Article 6 (Formulation and Execution of Implementation Plans) (1) The Mayor shall formulate and execute an implementation plan to prevent infectious diseases annually in accordance with the master plan referred to in Article 7 (1) of the Act.
Article 7 (Establishment and Operation of Infectious Disease Emergency Response Center) (1) In order to support the execution of implementation plans referred to in Article 6, the affairs of international cooperation, etc., the Mayor may establish an infectious disease emergency response center consisting of private experts, and may fully or partially entrust the operation thereof to a corporation, organization, etc.
Article 8 (Sentinel Surveillance, etc. of Infectious Diseases)
(1) The Mayor may request the head of a sentinel surveillance of infectious diseases-related institution to submit necessary data in connection with the sentinel surveillance of infectious diseases, or to provide cooperation necessary for preventing and controlling infectious diseases.
Article 9 (Fact-Finding Surveys)
(1) The Mayor may conduct fact-finding surveys to understand the status of control of, and infection by, infectious diseases, pursuant to Article 17.
Article 10 (Epidemiological Investigations)
(1) Where the Mayor deems that an infectious disease breaks out and is likely to prevail subsequently, he/she shall conduct, without delay, an epidemiological investigation under Article 18 of the Act.
Article 11 (Formulation and Implementation of Crisis Control Measures against Infectious Diseases) (1) The Mayor shall formulate and implement the Seoul Government's crisis control measures against infectious diseases under Article 35 (2) of the Act.
Article 12 (Designation, etc. of Infectious Disease Control Institutions)
(1) The Mayor may designate hospitals and general hospitals referred to in Article 3 (2) 3 of the Medical Service Act as infectious disease control institutions, pursuant to Article 28 of the Enforcement Rule.
Article 13 (Establishment of Infectious Disease Control Institutions during Infectious Disease Emergencies)
(1) Where patients are infected by an infectious disease epidemic, or the infectious disease control institutions designated pursuant to Article 12 are insufficient to accommodate all patients, etc. of an infectious disease, the Mayor may take the following measures:
Article 14 (Prohibition of Refusal to Hospitalize Patients, etc. of Infectious Disease)
No infectious disease control institution shall refuse to hospitalize patients, etc. of an infectious disease without any justifiable grounds.
Article 15 (Control of Patients, etc. of Infectious Disease) (1) Patients, etc. of an infectious disease with a particularly high risk of transmission which is publicly notified by the Minister of Health and Welfare shall receive inpatient treatment at an infectious disease control institution.
Article 16 (Compulsory Dispositions with respect to Infectious Diseases)
(1) The Mayor may require the relevant public official to conduct a necessary investigation or medical diagnosis by entering the residence, means of transportation, such as a ship, aircraft, or train; or any other place where a patient, etc. of any disease referred to in Article 42 (1) of the Act is deemed present; where he/she is deemed to be a patient, etc. of an infectious disease by such medical diagnosis, the relevant public official may escort and require him/her to undergo medical treatment or be hospitalized.
Article 17 (Hospitalization Notice to Patients, etc. of Infectious Disease)
Where a patient, etc. of an infectious disease needs to receive inpatient treatment under Article 15, the Mayor shall notify the fact to the person subject to inpatient treatment and his/her guardian.
Article 18 (Epidemic Control Measures against Prevalence of Infectious Diseases)
(1) In order to prevent any further prevalence or spread of an infectious disease upon the outbreak of the infectious disease, the Mayor shall take all or some of the measures specified in Article 47 of the Act.
Article 19 (Preventive Measures against Infectious Diseases)
The Mayor shall take all or some of the measures specified in Article 49 of the Act to prevent any infectious disease.
Article 20 (Recommendation for Disinfection) (1) Where the Mayor deems that an infectious disease breaks out and is likely to prevail subsequently, he/she may recommend the heads of autonomous Gus (hereinafter referred to as the "heads of Gus") to disinfect facilities, etc., used by many persons and thus deemed to require disinfection for public sanitation, even though such facilities, etc., are not subject to compulsory disinfection under Article 51 (2) of the Act.
Article 21 (Epidemiological Investigative Officers) In order to perform affairs relating to epidemiological investigations of infectious diseases, the Mayor shall have at least two epidemiological investigative officers as public officials of the Seoul Metropolitan Government: Provided, That the Mayor may have epidemiological investigative officers in autonomous Gus as well, if necessary to perform affairs relating to epidemiological investigations.
Article 22 (Quarantine Inspection Commissioners)
Where necessary to prevent infectious diseases, the Mayor may appoint a quarantine inspection commissioner to perform affairs relating to quarantine inspections, and may require the commissioner to quarantine any means of transportation, etc., if particularly necessary.
Article 23 (Education and Training) The Mayor may entrust the private sector with education and training for nurturing professional capability to strengthen capability to cope with infectious diseases.
Article 24 (Support for Persons under Home Quarantine, etc.)
The Mayor may support persons falling under Article 41 (3) of the Act as follows:
Article 25 (Subsidization for Expenses for Private Medical Manpower)
Where the Mayor requests a private medical institution or medical personnel designated by the Seoul Government to provide medical manpower in order to treat infectious diseases, he/she may subsidize expenses incurred in providing medical manpower, to the head of the private medical institution to which such medical manpower belongs or to the relevant medical personnel.
Article 26 (Subsidization for Facilities)
Where the Mayor deems that subsidization for facilities is crucial even for private facilities, to prevent and stop the spread of an infectious disease, he/she may subsidize the operation, etc., of facilities for selective medical treatment, quarantine treatment, etc.
Article 27 (Compensation for Loss) (1) The Mayor shall pay compensation equivalent to losses, within the budget, to the manager of the relevant medical institution suffering from such loss because his/her medical institution is used as infectious disease control facilities pursuant to Article 37 of the Act, and to the owner of a building suffering from such loss due to disinfection or other measures taken under Article 49 (1) 13 of the Act.
Article 28 (Order for Mediation)
Where an infectious disease breaks out in at least two autonomous Gus and, thus, joint response is required, the Mayor may issue an order for intervention after hearing opinions of the heads of the relevant Gus.
Article 29 (Administrative Assistance)
(1) Where necessary to efficiently perform the affairs of preventing hazards related to infectious diseases while implementing various control measures against outbreaks of infectious diseases, such as epidemiological investigations and vaccination, he/she may request the heads of Gus to provide administrative assistance.
Article 30 (Establishment of Cooperation System)
In order to prevent infectious diseases, treat them efficiently, and prevent the spread thereof, the Mayor shall share all relevant information with the central government, local governments, the Seoul Metropolitan Office of Education, local medical institutions, etc., and establish a close medical network and cooperation system therewith.
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