(Dec. 7, 2020) People in South Korea have been required to wear face masks on mass transportation and at demonstrations, among other places, since October 13, 2020, when the penal provisions of an amendment of August 12, 2020, to the Infectious Disease Control and Prevention Act took effect. (Act No. 9847, Dec. 29, 2009, amended by Act No. 17475, Aug. 12, 2020.) However, enforcement of the penal provisions did not begin until November 13, 2020, in order to disseminate the information about the penal measures and give the public enough warning time.
Amendments to the Infectious Disease Control and Prevention Act in 2020
The South Korean government has amended the Infectious Disease Control and Prevention Act four times since the COVID-19 pandemic started earlier this year. The August 12 amendment was the third one adopted in 2020 to counter the pandemic.
The first amendment (Act No. 17067) was published in the Official Gazette on March 4, 2020. It created punishments for people who do not follow measures to prevent or contain infectious diseases. It also enables the minister of health and welfare to ban exports of drugs and other goods for medical use, such as face masks, when supply shortages are expected.
The second one was on August 11, 2020 (Act No. 17472). The amendment upgraded the Korea Centers for Disease Control and Prevention (KCDC) to the Korea Disease Control and Prevention Agency (KDCA) and gave the agency more independence from the Ministry of Health and Welfare.
Most recently, the fourth amendment in 2020 was published on September 29 (Act No. 17491). Among other things, it gave the heads of local governments more authority in combating the pandemic, such as by disclosing the passage routes of infectious disease patients and issuing engagement orders to quarantine officers. It also added measures to protect the personal information of patients.
Act No. 17475 (Act to Amend the Infectious Disease Control and Prevention Act)
Act No. 17475 added more preventive measures that the government can take against COVID-19. Under the new Infectious Disease Control and Prevention Act, the KDCA and heads of local governments can order managers, operators, and users of places or facilities that pose a risk of spreading infectious diseases to comply with the government guidelines, which may include preparing a list of visitors and requiring the wearing of masks. (Art. 49, para. 2-2.) They can also order users of public transportation, such as buses, trains, ships, and aircraft, to comply with the measures, including the wearing of masks, to prevent the spread of infectious diseases. (Art. 49, para. 2-3.) Further, they can order compliance with government guidelines, such as the wearing of masks, in specified areas and for specified periods. (Art. 49, para. 2-4.) These preventive provisions became effective on August 12, 2020.
Act No. 17475 also added penal provisions for violators of these provisions, which became effective on October 13, 2020. Under these provisions, managers and operators who fail to comply with the preventive measures are punishable by a fine of up to 3 million won (about US$270). (Art. 83, para. 2; art 49, para. 2-2.) Users of public transportation or persons in specified areas who fail to comply with the preventive measures are punishable by a fine of up to 100,000 won (about $90). (Art. 83, para. 4; art 49, paras. 2-3 & 2-4.)
Mask Mandate
On October 4, 2020, the KDCA reported to the Central Disaster and Safety Countermeasure Headquarters on COVID-19 that it and local governments would implement a mask mandate from October 13, 2020, when the penal provisions of the amended act would take effect. However, the KDCA and the local governments would not impose the fines on the violators for the first month and would utilize that period to promote the mandate. From November 13, 2020, violators of the mask mandate have faced the penalty of the fine.
A mask is mandatory for those using public transportation, participating in rallies, and visiting medical and care facilities, as well as other priority facilities, such as certain types of bars and karaoke establishments, indoor gyms, large study centers, buffet restaurants, and logistics centers. The mandate exempts children under age 14 and those with developmental disabilities. Masks are also not required while people are eating, taking photos, and doing other specified activities. Masks considered proper under the mandate include surgical and cotton masks, but not those with valves; scarves; and pieces of cloth covering the face. Further, failure to fully cover one’s mouth and nose by a mask is considered a violation subject to the fine. Public places are subject to the mandate in accordance with South Korea’s three-tier social distancing scale. Local governments are allowed to adjust the applicability of the mask mandate depending on the coronavirus risks in their areas.
Some local governments, such as the government of Seoul, have already adopted mask mandates, and masks have been required for train passengers under the Railroad Safety Act. However, until the passage of the amendment, there were no means to punish violators, and fistfights have broken out among public transport passengers and operators over mask wearing.
