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  • Administrative Order for Mandatory Mask-Wearing

  • Welfare, Health & Security News SMG 1957

    Seoul Metropolitan Government — Notice No. 2020-466

    Administrative Order for Mandatory Mask-Wearing for Reinforced Disease Control and Prevention of COVID-19

    The Seoul Metropolitan Government is notifying the public of the administrative order for mandatory mask-wearing for reinforced disease control and prevention of COVID-19 based on the Infectious Disease Control and Prevention Act and the adjustment of social distancing by the central government (effective Nov. 17).

    Nov. 12, 2020
    Mayor of Seoul

    1. 1. Subject: Citywide residents and visitors of Seoul
    2. 2. Details: At following ① facilities and places, all subjects are to comply with the guidelines for ② mandatory mask-wearing
      Citywide residents and visitors of Seoul
      ① Facilities wearing a mask makes it hard to Places ② Mandatory Mask-Wearing Applicable Act
      (legal basis)
      Owners & Managers Users
      A. Facilities for concentrated and regular control according to social distancing measures
      B. Public assemblies & demonstrations
      C. Medical institutions, pharmacies
      D. Religious facilities
      E. Indoor sports stadiums
      F. High-risk businesses
      G. Gatherings and events with over 500 people reported to and permitted by the autonomous district
      H. Sanatoriums and day/night care centers
      ▸ Posting and instructing the regulations of the administrative order (e.g. compulsory mask-wearing for users) ▸ Compulsory mask-wearing by users
      *“Users” refer to individuals who enter and use the facility or transportation, including the owner, managers and employees.
      ▸ Article 49(1)(2-2) of the Infectious Disease Control and Prevention Act
      I. Public transport ▸ Article 49 (1)(2-3) of the above Act

      *Wearing a mask is recommended for cases where social distancing of at least 2 meters is not possible between individuals indoors or outdoors to prevent the spread of COVID-19, but the compulsory enforcement and scope of fines will be differentiated by social distancing level, considering factors of administrative power, social acceptance, etc.

      **The main disease control and prevention regulations for items A, D and G, aside from the mandatory mask-wearing, refer to the government’s social distancing measures.

      • A. (Facilities for concentrated and regular control) Managers (owner) and users of facilities for concentrated and regular control (must observe the main disease control and prevention regulations) according to social distancing measures
        Facilities for concentrated control
        Category Facility
        Facilities for concentrated control
        (9 types)
        Entertainment bars (e.g. clubs, hostess bars); karaoke bars; pick-up bars; lounge bars; colatecs; karaoke rooms; indoor standing performance halls; direct sales promotion halls; restaurants, cafes and bakeries larger than a certain scale*
        *+150 m2 at level 1 and +50 m2 at level 1.5 or higher considering the registered scale of facilities
        Facilities for regular control
        (14 types)
        Internet cafes (PC bangs); wedding and funeral halls; private academies (including training schools); job training institutions; bathhouses and saunas; performance halls; movie theaters; amusement and water parks; arcades and multi rooms; indoor sports facilities; barber shops and beauty salons; stores, markets and department stores (+300 m2 for general merchandising stores under the Korean standard industrial classification); study rooms and cafes

        ※ Classification may be subject to change according to the adjustment of social distancing measures.

      • B. (Public assemblies & demonstrations) Managers (host) and users (participant) of crowded public assemblies and demonstrations
        ⦁ Outdoor assembly and demonstration defined by the Assembly and Demonstration Act 2-1, 2-2
      • C. (Medical institutions & pharmacies) Managers (owner) and users of medical institutions and pharmacies
        ⦁ Medical institution defined by the Medical Service Act 3 (2)
        ⦁ Pharmacy defined by the Pharmaceutical Affairs Act 2
      • D. (Religious facilities) Managers (owner) and users of religious facilities
        *A religious facility includes regular religious events, such as regular worship, mass, Buddhist ceremony, Cheondogyo ceremony, etc. as well as in-person meetings and events held by a religious facility.
      • E. (Indoor sports stadiums) Managers (owner) and users of stadiums where indoor sports events (e.g. basketball, volleyball) take place
        *Outdoor sports stadium is included under level 1.5 social distancing
      • F. (High-risk businesses) Managers (owner) and users of call centers/logistics centers*
        *Logistics centers directly operated by online logistics companies
      • G. (Gatherings and events with over 500 people) Managers (host) and users (participant) of gatherings and events with over 500 people reported to and permitted by the autonomous district
      • H. (Sanatoriums and day/night care centers) Managers (operator), workers, and visitors of sanatoriums and day/night care centers
        *Occupants and users are recommended to wear masks, but not mandatory.

        ⦁ Medical and welfare institutions for senior citizens defined by Article 34 of the Welfare of Senior Citizens Act
        ⦁ Facilities that provide day and night care services among welfare facilities for senior citizens at home defined by Article 38 of the Welfare of Senior Citizens Act
      • I. (Public transport) Public transport (e.g. buses, subway, taxi) and users
        ⦁ Public transport (e.g. buses, subway, trains, ships) defined by Article 2-2 of the Act on the Support and Promotion of Utilization of Mass Transit System and public transport facilities (e.g. bus terminals, train stations, transfer centers) defined by Article 2-3 of the same Act
        ⦁ Vehicles used for passenger transport business (e.g. commuter buses, school buses, chartered/tourist buses, taxis) defined by Article 3(2) of the Passenger Transport Service Act
        ⦁ Indoor passenger terminals defined by Article 3(1)(b) of the Airport Facilities Act, and aircrafts defined by Article 2-1 of the Aviation Safety Act that are operated by air transport service providers defined by Article 2-8 of the Aviation Business Act for the purpose of transporting passengers
    3. 3. Period: Effective Fri, Nov. 13, 2020 until further notice
    4. 4. Reasons: In order to prevent further spread of COVID-19 through reinforced disease control and prevention by individuals wearing masks at facilities and places vulnerable to collective infection
    5. 5. Fines
      • A. Legal basis for imposition
        • – Paragraphs 2, 4 and 5 of Article 83 (“Administrative Fines”) of the Infectious Disease Control and Prevention Act
        • – Attached Table 3 of Article 33 (“Imposition of Administrative Fines”) of the Enforcement Decree of the Infectious Disease Control and Prevention Act
      • B. Jurisdiction: Mayor, and heads of autonomous districts
      • C. Crackdown: Proper wearing* of authorized masks**
        **Properly worn: One’s nose and mouth must be fully covered
        ※Wearing mesh or valve-type masks or covering the face with scarves not acknowledged as wearing authorized masks
        **Authorized masks: KF94, KF80, KF-AD (droplet-protective), surgical masks, cloth (cotton) to cover the nose and mouth, disposable masks
      • D. Method
        • – On-spot crackdown by street-level officials
        • ※ No separate reporting channels will be in operation.
        • – If a violation is detected, the violator will be guided to wear a mask and if the person does not follow the guidance, the fine is imposed on the person according to the process defined by the Act on the Regulation of Violations of Public Order* (If wearing a mask makes the
        • breathe for the person, the person can submit a written diagnosis or referral following Article 9 of the Enforcement Regulation of the Medical Service Act)
        • *Detection of violation → Check identification card, explain grounds for appearance → Check personal details of violator → Inform instructions and submission of statement (Inform submission of statement for over ten days) → Inform imposition of an administrative fine → Inform process for appeal (within 60 days)
      • E. Amount
        • – Violators (of the administrative order) are imposed fines of KRW 100,000 regardless of the number of violations
        • – Imposition of fines of up to KRW 3 million (KRW 1.5 million for the first violation, KRW 3 million for the second and more violations) for managers/operators of the facilities that violate the regulations of the administrative order
      • F. Exceptions
        1. 1) Individuals
          • – “Minors under 14 years of age” and “persons who cannot act according to right and wrong or have no ability to take action according to such judgement due to mental and/or physical disorders” are exempt according to the Act on the Regulation of Violations of Public Order
          • – Individuals who find it difficult to wear or take off masks without help from others, such as those with brain lesions and those with developmental disabilities
          • – Individuals who are medically diagnosed to have difficulty in breathing if they wear a mask, such as those with respiratory diseases
        2. 2) Cases
          • – When eating and drinking
          • – When in a swimming pool or a public bath
          • – When washing the face or brushing teeth (i.e. personal hygiene activities)
          • – When wearing a mask is difficult during certain medical performances, such as examination, operation, treatment, and drug administration
          • – During performances that require face exposure (limited to actual performing on stage); performing in a television show (only when the cameras are on; for YouTube or personal broadcasts (limited to shooting in a private space); photoshoots (only during taking photos of persons directly involved, such as appointment, award and agreement ceremonies); sign language interpretation
          • – When athletes participate in games and musicians perform on stage
          • – When a bride, groom and their parents are holding a wedding ceremony
          • – When wearing a mask can be a risk of hindering safe performance while on the job (e.g. pilots)
          • – When the mask needs to be removed to check personal identity
          • – When taking off the mask is necessary for the smooth performance of public affairs (foreign affairs, national defense, investigation, aid, briefing where clear communication is needed, etc.)
    6. 6. Effective: Starting midnight on Fri, Nov. 13, 2020
    7. 7. Documentation: Concerned parties can request the delivery of a written notice of disposition according to Article 24(1) of the Administrative Procedures Act 24.
    8. 8. If a person wants to appeal and has an objection against the disposition, the person can demand an administrative trial to the Central Administrative Appeals Commission according to Article 23(1) of the Administrative Procedures Act within 90 days after the disposition takes effect and file a suit for revocation of the disposition to the competent administrative court according to Article 9 of the Administrative Litigation Act.
      If a person is dissatisfied with the imposition of the fine, the person can raise an objection in writing to the competent administrative agency within 60 days from the date on which he/she is notified of the imposition of the fine according to Article 20(1) of the Act on the Regulation of Violations of Public Order.
    9. 9. If a person violates the disposition, he/she can be claimed not only the fine but disinfection costs, including those for testing, investigation, and treatment, related to the diagnosis of the disease that have been caused due to the violation.
    10. 10. Divisions
      • – (Administrative order) Disease Control & Prevention Division of the Citizens’ Health Bureau, Seoul Metropolitan Government
      • – (Crackdown) Safety Support Division of the Safety Management Office, Seoul Metropolitan Government