<Guidelines on the Imposition of Fines for Non-compliance with Administrative Order for Mandatory Mask-wearing>
○ Administrative order, types of violations subject to administrative fines and enforcement period
- (Legal basis) Article 83 (Administrative Fines) and Article 49 (Preventive Measures against Infectious Diseases) of the Infectious Disease Control and Prevention Act.
- (Enforcement period) For the length of time required by the relevant administrative decision-makers (i.e. the Minister of Health and Welfare, the Commissioner of KCDC, and municipal governors; mayors, local governors) when Korea’s Crisis Alert Level is at “alert” and “serious”
- (Imposition of fines) Fines will be imposed from Nov. 13th 2020 after a month of guidance period (from Oct. 13th to Nov. 12th, 2020).
※ Anyone not complying with wearing a face mask will first be asked to wear one, but if he/she refuses, then the fine can be issued
- (Fines) No more than KRW 100,000 for violators, and KRW 3 million for managers/ business owners
(KRW 1.5 million on first violation, KRW 3 millions on second or more violations)
- (Authorized masks) Hygienic face masks (KF94, KF80, etc.), anti-droplet masks(KF-AD), surgical masks, fabric (cotton) masks, disposable masks
* Wearing a mesh or velve-type mask or covering the face with cloth, such as a scarf is not considered as wearing a mask.
- (How to wear a face mask) Wearing a face mask to completely cover the both your nose and mouth
* Not wearing or wearing without covering your nose and mouth will be considered as not wearing a face mask.
○ (Places for site inspection) ※ These are nationwide guidelines, but locally changeable in accordance with the circumstances created by COVID-19 pandemic (refer to local administrative orders).
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Place
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Subject
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Priority/General management facilities
※ subject to change according to the level of social distancing
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Administrators (owners) and users of the facilities that are defined according to the level of social distancing
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Public transport
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Users of public transportation, such as buses, subways, taxis, etc.
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Assembly and public protest sites
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Organizers (hosts) and users (participants) of indoor and outdoor assemblies and mass gathering events
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Medical institutions
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Administrators (employers) and users of medical institutions, such as hospitals and pharmacies
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Nursing homes, day/night care centers
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Administrators (managers) and staff who care for in-house patients and visitors of nursing homes and care centers
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Religious facilities
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Administrators (managers) and users of religious facilities
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Indoor sports facilities
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Administrators (managers) and users of indoor sports facilities
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High risk businesses
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Administrators (managers) and users of high-risk businesses (e.g. call centers, logistics centers)
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Events or gatherings with greater than 500 attendees that are reported to and discussed with the local government
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Organizers (hosts) and users (participants) of indoor and outdoor events or gatherings with greater than 500 attendees, that are reported to and discussed with the local government
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* The term “user(s)” refers to all individuals who enter the place, including administrators, managers and employees.
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○ (Exempted individuals and cases)
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Individual
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⦁Minors under 14 years old
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⦁People who cannot put on, wear or remove a face mask without help of others because of a physical or mental illness or impairment, or disability
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⦁People who have medical conditions, which may cause trouble with breathing when wearing a face mask
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Case
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⦁When eating or drinking
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⦁When in the water (e.g. swimming pool, bathtub)
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⦁When practicing personal hygiene (e.g. washing face, brushing teeth)
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⦁When engaged in medical procedure (e.g. examination, surgery, treatment, administration)
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⦁When performing with exposed face (limited to on-stage performance), appearing on a show (only when the cameras are on, and when filming at a private place for personal broadcasting, such as making YouTube clips), taking pictures (limited to official photo shots such as at an event), or interpreting into sign language
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⦁When taking part in a sports game/contest (e.g. athletes), or a performance (e.g. musicians)
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⦁When getting married in a relevant place (e.g. groom, bride, parents)
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⦁When wearing a face mask may interfere with one’s ability to safely perform duties
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⦁When asked to remove a face mask for identification
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