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 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 are defined as follows:
Article 3 (Responsibilities of Mayor)
(1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall perform the following projects in order to respect the human dignity and worth of patients, etc. suffering an infectious disease, protect their basic rights, and prevent and control hazardous, infectious diseases: <Amended by Ordinance No. 7650, Jul. 16. 2020>
Article 4 (Responsibilities and Rights of Medical Personnel, etc.)
(1) Medical personnel, the heads of medical institutions, and others 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 (Rights and Obligations 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) Every year, the Mayor shall establish and execute an implementation plan to prevent infectious diseases 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 and the affairs of international cooperation, among others, 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 shall conduct fact-finding surveys to understand the status of control of, and infection by, infectious diseases, pursuant to Article 17 and publicize the results of such surveys. <Amended by Ordinance No. 7544, Mar. 26. 2020>
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 (Establishment and Implementation of Crisis Control Measures against Infectious Diseases)
(1) The Mayor shall establish 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 good cause.
Article 15 (Control of Patients, etc. of Infectious Disease)
(1) Patients, etc. of an infectious disease with a particularly high risk of spread 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; and where he/she is deemed to be a patient, etc. of an infectious disease through 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 spread of an infectious disease upon the prevalence 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, he/she may recommend that the heads of autonomous Gus (hereinafter referred to as the "heads of Gus") 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 (Disease Control Officers)
The Mayor shall appoint disease control officers in charge of the affairs of infectious disease prevention and control, from among his or her public officials.
Article 22 (Epidemiological Investigative Officers)
In order to perform affairs related to epidemiological investigations of infectious diseases, the Mayor shall have at least two epidemiological investigation officers as public officials of the Seoul Government: Provided, That the Mayor shall appoint at least one physician who is a medical personnel referred to in Article 2 (1) of the Medical Service Act, as an epidemiological investigation officer.
Article 23 (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 order the commissioner to quarantine any means of transportation, etc., if particularly necessary.
Article 24 (Education and Training)
The Mayor may entrust the private sector with education and training for nurturing professional capability to strengthen capability to respond to infectious diseases.
Article 25 (Support for Persons under Home Quarantine, etc.)
The Mayor may support persons falling under Article 41 (3) of the Act as follows:
Article 26 (Subsidization of 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 manpower belongs or to the relevant medical personnel.
Article 27 (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 28 (Compensation for Loss)
(1) The Mayor shall pay compensation equivalent to losses, within the budget, to the manager of the relevant medical institution suffering losses because his/her medical institution is used as an infectious disease control facility pursuant to Article 37 of the Act, and to the owner of a building suffering losses due to disinfection or other measures taken under Article 49 (1) 13 of the Act.
Article 29 (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 30 (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 administrative assistance from the heads of Gus.
Article 31 (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.
Article 32 (Request for Provision of Information)
If necessary to prevent infectious diseases and stop its spread, the Mayor may request the Commissioner General of the Korean National Police Agency, the commissioner of a district police agency, or the chief of a police station referred to in Article 2 of the Police Act (hereafter in this Article referred to as “police agency”) to provide location information of patients of an infectious disease, etc. and those suspected of being infected, pursuant to Article 76-2 of the Act.
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