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MOTHER AND CHILD HEALTH ACT

Wholly Amended by Act No. 3824, May 10, 1986

Amended by Act No. 3948, Nov. 28, 1987

Act No. 4791, Dec. 22, 1994

Act No. 5454, Dec. 13, 1997

Act No. 5859, Feb. 8, 1999

Act No. 7703, Dec. 7, 2005

Act No. 8366, Apr. 11, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9333, Jan. 7, 2009

Act No. 9932, Jan. 18, 2010

Act No. 11441, May 23, 2012

Act No. 11998, Aug. 6, 2013

Act No. 13104, Jan. 28, 2015

Act No. 13426, Jul. 24, 2015

Act No. 13597, Dec. 22, 2015

Act No. 14323, Dec. 2, 2016

Act No. 15186, Dec. 12, 2017

Act No. 15444, Mar. 13, 2018

 Article 1 (Purpose)
The purpose of this Act is to contribute to the improvement of national health by protecting the lives and health of mothers and infants and by striving for the delivery and parenting of healthy children.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 13597, Dec. 22, 2015>
1. The term "pregnant or nursing woman" means a woman who is pregnant or who has given birth within the previous six months;
2. The term "mother" means a pregnant or nursing woman, or a woman of childbearing age;
3. The term "infant" means a person under six years of age;
4. The term "newborn baby" means an infant from birth to 28 days of age;
5. The term "premature baby" means an infant born with his/her physical development immaturely developed, who meets the standards prescribed by Presidential Decree;
6. The term "congenitally deformed baby" means an infant with a congenital deformity, disfigurement or chromosome disorder, who meets the standards prescribed by Presidential Decree;
7. The term "induced abortion operation" means an operation to artificially remove an embryo and any of its appendages from a mother's body at a time when the embryo is deemed unable to survive outside the mother's body;
8. The term "mother and child health services" means services to ensure that mothers and infants can maintain their physical, mental and social health by providing them with professional health and medical services, and information related thereto, by controlling mothers' reproductive health and by supporting pregnancy, delivery and nurturing;
9. Deleted; <by Act No. 15186, Dec. 12, 2017>
10. The term "postnatal care business" means business to provide nursing women right after delivery or newborn babies with food, medical care and other necessary daily conveniences at a facility having personnel and equipment necessary for postnatal and recuperative care (hereinafter referred to as "postnatal care center");
11. The term "subfertility" means a state in which a woman is unable to conceive despite regular unprotected sexual intercourse for not less than one year;
12. The term "assisted reproductive technology” means medical procedures prescribed by Ordinance of the Ministry of Health and Welfare, such as human sperm and egg collection, which is artificial medical intervention in the process of natural reproduction for the purpose of pregnancy.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 3 (Responsibility of State and Local Governments)
(1) The State and local governments shall conduct investigations and research for maintaining and improving the health of mothers and infants, and take other necessary measures.
(2) The State and local governments shall endeavor to contribute to the improvement of the national health by taking policy measures concerning mother and child health services. <Amended by Act No. 15186, Dec. 12, 2017>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 3-2 (Pregnant or Nursing Women's Day)
October 10 shall be designated as Pregnant or Nursing Women's Day to stress the importance of pregnancy and delivery.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 3-3 (Application to Immigrants by Marriage)
This Act shall also apply to immigrants by marriage, provided for in subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea.
[This Article Newly Inserted by Act No. 9333, Jan. 7, 2009]
 Article 4 (Obligation of Mothers, etc.)
(1) Mothers shall endeavor to maintain their health with a proper understanding of and interest in their health in connection with pregnancy, delivery, nursing and reproduction.
(2) Persons with parental authority over infants, guardians of infants and other persons protecting infants (hereinafter referred to as "protectors") shall positively endeavor to maintain and improve the health of infants with a thorough understanding of childcare.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 5 (Development and Coordination of Service Plans)
(1) The Minister of Health and Welfare shall integrate and coordinate policy measures concerning mother and child health services, and develop a basic plan for such services, as prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 15186, Dec. 12, 2017>
(2) The heads of related central administrative agencies and local governments shall develop and implement detailed programs necessary to implement the basic plan under paragraph (1).
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 6 Deleted. <by Act No. 13597, Dec. 22, 2015>
 Article 7 (Establishment of Mother and Child Health Organizations)
(1) The State and local governments may establish and operate mother and child health organizations to take charge of the following matters on mother and child health services. In such cases, if a local government establishes a mother and child health organization, such organization shall, in principle, be established in the public health clinic established by the local government: <Amended by Act No. 15186, Dec. 12, 2017>
1. Matters concerning prenatal, postnatal and childbirth care and emergency measures for pregnant or nursing women;
2. Matters concerning healthcare, vaccinations, etc. of infants;
3. Matters concerning the control of mothers' reproductive health and the development, etc. of health improvement programs for mothers;
4. Matters concerning the prevention of gynecological diseases and related diseases;
5. Matters concerning the prevention of birth of children with mental or physical disabilities and their healthcare;
6. Matters concerning instruction, education, research, public relations, statistics management, etc. concerning sex education, sex counseling and health.
(2) Matters necessary for standards for establishing and operating mother and child health organizations referred to in paragraph (1) shall be prescribed by Presidential Decree.
(3) The State and local governments may entrust the matters referred to in any subparagraph of paragraph (1) to a medical corporation or nonprofit corporation, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 8 (Reporting, etc. by Pregnant or Nursing Women)
(1) If a pregnant or nursing woman intends to obtain protection under this Act, she or her guardian shall file a report on her pregnancy or delivery with a medical institution under Article 3 of the Medical Service Act (hereinafter referred to as "medical institution") or public health clinic, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
(2) In receipt of a report under paragraph (1), the head of a medical institution or the director of a public health clinic shall compile it and give a report to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si (excluding the head of an administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), or the head of a Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 2015; Act No. 13426, Jul. 24, 2015>
(3) Where a pregnant or nursing woman dies or suffers a stillbirth, or where a newborn baby dies, at a medical institution or public health clinic, the head of the relevant medical institution or the director of the relevant public health clinic shall give a report to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 2015>
(4) Where a premature baby or a congenitally deformed baby is born in a medical institution, the head of the medical institution shall give a report to the director of the competent public health clinic, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
(5) The director of a public health clinic, in receipt of a report on the birth of a premature baby or a congenitally deformed baby under paragraph (4) (hereinafter referred to as "premature baby, etc"), shall transfer such birth report to the director of the public health clinic having jurisdiction over the protector's address, if the protector has no address within his/her jurisdiction.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 9 (Issuance of Mother and Child Health Pocketbooks)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall issue a mother and child health pocketbook to pregnant or nursing women or infants reported under Article 8 (1). <Amended by Act No. 13104, Jan. 28, 2015>
(2) Matters necessary for procedures for issuing mother and child health pocketbooks referred to in paragraph (1) and other relevant matters shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 9-2 (Recording and Management of Information about Premature Babies, etc.)
The director of a public health clinic, in receipt of a birth report on a premature baby, etc. pursuant to Article 8 (4) and (5), shall record and manage information about premature babies, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13597, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 10 (Healthcare, etc. of Pregnant or Nursing Women, Infants, Premature Babies, etc.)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall take necessary measures for the healthcare of pregnant or nursing women, infants, premature babies, etc., such as by conducting periodical medical examinations and offering vaccinations, or requiring mother and child health professionals (referring to those engaged in mother and child health services, who are medical doctors, traditional Korean medical doctors, licensed midwives, licensed nurses, or qualified nurse's aides) to visit homes of the pregnant or nursing women, infants, premature babies, etc. in order to conduct a health and medical treatment, and so on, as prescribed by Presidential Decree. <Amended by Act No. 13104, Jan. 28, 2015; Act No. 13597, Dec. 22, 2015; Act No. 15186, Dec. 12, 2017>
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may render the following medical services to pregnant or nursing women, infants, premature babies, etc., in need of hospitalization: <Amended by Act No. 13104, Jan. 28, 2015>
1. Diagnosis;
2. Provision of medicine or materials for medical treatment;
3. Treatments, operations and other cares;
4. Accommodation in medical establishments;
5. Nursing;
6. Transfer.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 10-2 (Support of Intensive Care Facilities, etc. for High-Risk Pregnant or Nursing Women and Newborn Babies)
The State and local governments may support intensive care facilities, equipment, etc. for high-risk pregnant or nursing women and newborn babies in order to provide appropriate medical services necessary to protect and improve the health of high-risk pregnant or nursing women and premature babies, etc. <Amended by Act No. 14323, Dec. 2, 2016>
[This Article Newly Inserted by Act No. 9333, Jan. 7, 2009]
 Article 10-3 (Establishment, etc. of Breast-Feeding Facilities)
(1) The State and local governments may support the establishment of breast-feeding facilities necessary to maintain and improve the health of infants.
(2) The State and local governments shall actively promote data research, public relations, education, etc. necessary to encourage breast-feeding.
(3) Postnatal care centers, medical institutions and public health clinics shall actively encourage breast-feeding by providing pregnant or nursing women with sufficient knowledge and information on breast-feeding, and endeavor to provide facilities for pregnant or nursing women and infants to share so that nursing women can breast-feed their babies.
[This Article Newly Inserted by Act No. 9333, Jan. 7, 2009]
 Article 10-4 (Support for Pregnant Women Conceiving Multiple Children, etc.)
The State and local governments may provide support necessary for the healthy and safe pregnancy and childbirth of pregnant women conceiving multiple children and for the maintenance and promotion of health of infants from multiple births.
[This Article Newly Inserted by Act No. 13597, Dec. 22, 2015]
 Article 10-5 (Support for Screening, etc. of Prenatal or Postnatal Depression)
Where the State and local governments deem it necessary for pregnant or nursing women, they may provide support related to screening of prenatal or postnatal depression.
[This Article Newly Inserted by Act No. 14323, Dec. 2, 2016]
 Article 10-6 (Central Mother and Child Medical Center)
(1) The Minister of Health and Welfare may designate a Central Mother and Child Medical Center among the public health and medical institutions pursuant to subparagraph 3 of Article 2 of the Public Health and Medical Services Act to perform services necessary to provide medical support for high-risk pregnant or nursing women and premature babies, as follows:
1. Support for and evaluation of intensive care facilities for high-risk pregnant or nursing women and newborn babies;
2. Connection and service coordination between intensive care facilities for high-risk pregnant or nursing women and newborn babies;
3. Education and training for employees at intensive care facilities for high-risk pregnant or nursing women and newborn babies;
4. Analysis of cases and preparation of statistics concerning high-risk pregnant or nursing women, premature babies, etc.;
5. Other services determined by the Minister of Health and Welfare to support intensive care facilities for high-risk pregnant or nursing women and newborn babies.
(2) The Minister of Health and Welfare may revoke the designation of the Central Mother and Child Medical Center if a medical institution designated as such falls under any of the following cases: Provided, That where it falls under subparagraph 1, the designation shall be revoked:
1. Where it has been designated as such by fraud or other improper means;
2. Where it has become incapable of meeting the standards for designation pursuant to paragraph (3);
3. Where it has performed services in violation of the terms of designation.
(3) Matters necessary for the standards and procedures for designating the Central Mother and Child Medical Center, the revocation of designation, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 15444, Mar. 13, 2018]
 Article 11 (Projects to Provide Support for Overcoming Subfertility)
(1) The State and local governments may render support for overcoming subfertility and other reproductive health issues. <Amended by Act No. 11441, May 23, 2012; Act No. 13597, Dec. 22, 2015>
(2) Support for overcoming subfertility shall include the following: <Newly Inserted by Act No. 13597, Dec. 22, 2015>
1. Provision of subsidies to cover the expenses incurred in administering medicine for subfertility treatment;
2. Consultation and education related to subfertility;
3. Prevention of subfertility and the provision of related information;
4. Other projects the Minister of Health and Welfare deems necessary.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 11-2 (Public Notice of Standards for Subfertility Treatment)
The Minister of Health and Welfare may prescribe and publicly notify medical or traditional Korean medical standards for subfertility treatment, such as assisted reproductive technology of medical institutions administering subfertility treatment.
[This Article Newly Inserted by Act No. 13597, Dec. 22, 2015]
 Article 11-3 (Designation, etc. of Medical Institutions for Subfertility Treatment)
(1) The Minister of Health and Welfare may designate a medical institution that may administer subfertility treatment, such as assisted reproductive technology, among medical institutions under Article 3 (2) 1 (a) and (c), and Article 3 (2) 3 (a), (c), and (e) of the Medical Service Act, as a medical institution for subfertility treatment.
(2) A medical institution for subfertility treatment under paragraph (1) shall have facilities, equipment, professionals, etc. prescribed by Ordinance of the Ministry of Health and Welfare.
(3) The Minister of Health and Welfare may assess the standards referred to in paragraph (2), actual performance, etc. of a medical institution for subfertility treatment designated under paragraph (1) (hereinafter referred to as "designated medical institution"), every three years; and may revoke the designation thereof based on the results of the assessment.
(4) The Minister of Health and Welfare may entrust a related specialized institution or organization with affairs concerning assessment under paragraph (3).
(5) The Minister of Health and Welfare shall disclose the results of assessment under paragraph (3). <Amended by Act No. 15444, Mar. 13, 2018>
(6) Matters necessary for criteria and procedures for designating a medical institution for subfertility treatment under paragraph (1), revocation of the designation thereof under paragraph (3), entrustment under paragraph (4), and methods, etc. of disclosing the results of assessment under paragraph (5) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13597, Dec. 22, 2015]
 Article 11-4 (Establishment, Operation, etc. of Counseling Centers Specializing in Subfertility)
(1) The Minister of Health and Welfare may establish and operate the Central Counseling Center Specializing in Subfertility (hereinafter referred to as the "Central Counseling Center Specializing in Subfertility") in order to conduct the following affairs to overcome subfertility in a professional and systematic manner:
1. Consultation and education related to subfertility;
2. Education for persons engaged in counseling centers specializing in subfertility in each region under paragraph (2);
3. Exchange of information and cooperation with counseling centers specializing in subfertility in each region under paragraph (2);
4. Research and studies to overcome subfertility;
5. Other affairs designated by the Minister of Health and Welfare to overcome subfertility.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") may establish and operate a counseling center specializing in subfertility in each region (hereinafter referred to as "counseling center specializing in subfertility in each region") in order to conduct affairs, such as counseling and education related to subfertility, in a professional manner.
(3) The Minister of Health and Welfare and a Mayor/Do Governor may entrust the establishment and operation of a counseling center specializing in subfertility under paragraphs (1) and (2) to an institution that has professionals and facilities prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Other matters necessary for the establishment and operation of a counseling center specializing in subfertility under paragraphs (1) and (2) and entrustment under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 14323, Dec. 2, 2016]
 Article 11-5 (Hearings)
Where the Minister of Health and Welfare intends to revoke the designation of a designated medical institution pursuant to Article 11-3 (3), he/she shall hold a hearing.
[This Article Newly Inserted by Act No. 13597, Dec. 22, 2015]
 Article 11-6 (Management, etc. of Statistics)
(1) The Minister of Health and Welfare shall collect, analyze, and manage data, such as the current status of subfertility treatment including assisted reproductive technology, and statistics and information about pregnancy and childbirth as a result of subfertility treatment (hereinafter referred to as "management of statistics"), in order to efficiently provide support to overcome subfertility.
(2) Data under paragraph (1) shall include the following:
1. Demographic characteristics;
2. Past obstetric and medical history;
3. Cause of subfertility;
4. Process of subfertility treatment and the results of subfertility treatment, such as pregnancy and childbirth;
5. Information about health of babies born through subfertility treatment;
6. Information about medical institutions administering subfertility treatment;
7. Other matters prescribed by Ordinance of the Ministry of Health and Welfare, as data necessary to manage statistics about subfertility treatment.
(3) The Minister of Health and Welfare may entrust the management of statistics to an institution designated by Ordinance of the Ministry of Health and Welfare so that such institution designated may conduct the management of statistics.
(4) Where necessary to manage statistics, the Minister of Health and Welfare may request health professionals or medical institutions that diagnose and treat subfertility patients, the National Health Insurance Service and the Health Insurance Review and Assessment Service under the National Health Insurance Act, and other corporations, institutions, organizations, etc. that conduct projects concerning overcoming subfertility to provide data. In such cases, those requested to provide data shall comply with such request unless an extenuating circumstance exists.
(5) Matters necessary for entrustment, etc. under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13597, Dec. 22, 2015]
 Article 12 (Projects to Prevent Induced Abortion, etc.)
(1) The State and local governments may implement projects to prevent induced abortion and other projects necessary to protect women’s health and create an atmosphere of respecting human life.
(2) The Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may provide contraceptive pills or devices to those who want them, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13104, Jan. 28, 2015>
[This Article Wholly Amended by Act No. 11441, May 23, 2012]
 Article 13 Deleted. <Amended by Act No. 9333, Jan. 7, 2009>
 Article 14 (Limited Permission for Induced Abortion Operations)
(1) A medical doctor may perform an induced abortion operation with the consent of the pregnant woman herself and her spouse (including persons in a de facto marital relationship; hereinafter the same shall apply) only in the following cases:
1. Where she or her spouse suffers from any eugenic or genetic mental disability or physical disease prescribed by Presidential Decree;
2. Where she or her spouse suffers from any contagious disease prescribed by Presidential Decree;
3. Where she is impregnated by rape or quasi-rape;
4. Where pregnancy is taken place between relatives by blood or by marriage who are legally unable to marry;
5. Where the maintenance of pregnancy severely injures or is likely to injure the health of the pregnant woman for health or medical reasons.
(2) In the case of paragraph (1), if it is impossible to obtain the spouse's consent due to his/her death, disappearance, unknown whereabouts, or other extenuating circumstances, the operation may be performed only with the principal's consent.
(3) In the case of paragraph (1), if the woman or her spouse is unable to express his/her intention due to any mental or physical disability, his/her consent may be substituted by the consent by a person with parental authority or guardian, and if there is no person with parental authority or guardian, his/her consent may be substituted by the consent by a person who is liable to support her or him.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15 (Reporting on Postnatal Care Business)
(1) A person who intends to operate postnatal care business shall have personnel and equipment, including licensed nurses and assistant nurses needed for operating a postnatal care center, purchase liability insurance, and file a report with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. The same shall also apply where he/she intends to modify important matters determined by Ordinance of the Ministry of Health and Welfare, among the already reported matters. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 2015>
(2) Standards for the personnel and equipment, and methods and procedures for reporting under paragraph (1), shall be determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-2 (Grounds for Disqualification)
Any of the following persons shall be disqualified from opening, operating, or working for, a postnatal care center: <Amended by Act No. 13104, Jan. 28, 2015; Act No. 13597, Dec. 22, 2015; Act No. 15444, Mar. 13, 2018>
1. A person under the age of 18, a person under adult guardianship, or a person under limited guardianship;
3. A narcotic addict under the Narcotics Control Act;
4. A person for whom three years have not passed since his/her imprisonment without labor or greater punishment declared by a court for violating this Act was completely executed (including where the execution of the sentence is deemed completed) or exempted;
5. A person who is under suspension of the execution of his/her punishment, declared by a court for violating this Act;
6. A person in whose case one year has not passed since he/she received an order to close his/her postnatal care center (excluding where he/she received the order to close his/her postnatal care center because he/she fell under any of subparagraphs 1 through 3) under Article 15-9;
7. A corporation whose representative falls under any of subparagraphs 1 through 6.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-3 (Succession of Postnatal Care Business)
(1) Any of the following persons shall succeed to the position of a person who has filed a report on his/her postnatal care business under Article 15 (1) (hereinafter referred to as "postnatal care business entity"):
1. Where a postnatal care business entity dies: his/her successor;
2. Where a postnatal care business entity transfers his/her business: the transferee;
3. Where a postnatal care business entity who is a corporation is merged: the newly-established or surviving corporation after the merger.
(2) A person who succeeds to the position of a postnatal care business entity pursuant to paragraph (1) shall file a report with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within a month from the date on which he/she succeeds to such position, as determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 2015>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-4 (Matters to be Observed by Postnatal Care Business Entities)
A postnatal care business entity shall observe matters stipulated in the following subparagraphs to control the health and hygiene of pregnant or nursing women and newborn babies, and to prevent harm thereto: <Amended by Act No. 9932, Jan. 18, 2010>
1. To place a health record book to keep and control the record on the health condition of pregnant or nursing women and newborn babies, as determined by Ordinance of the Ministry of Health and Welfare;
2. To take necessary measures, including disinfection, to prevent infection or diseases;
3. To take necessary measures, including immediate transfer to a medical institution, when pregnant or nursing women or newborn babies have, or are suspected to have, infection or diseases, or when human damage occurs due to a safety-related accident, such as fire and electric leak;
4. To give a report on the transfer, without delay, to the director of the public health clinic having jurisdiction over the location of the postnatal care center, if any transfer is made under subparagraph 3.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-5 (Medical Examinations, etc.)
(1) A postnatal care business entity and a person who engages in postnatal care business shall undergo a medical examination and be vaccinated (hereinafter referred to as "medical examination, etc."): Provided, That if he/she has undergone the same medical examination, etc. under other statutes, he/she may be deemed to have undergone the medical examination, etc. under this Act. <Amended by Act No. 13597, Dec. 22, 2015>
(2) No postnatal care business entity shall allow any person, who has failed to undergo a medical examination, etc. under paragraph (1) or any person who has a disease likely to be harmful to other people, to engage in postnatal care business. <Amended by Act No. 13597, Dec. 22, 2015>
(3) The scope of persons engaging in postnatal care business and methods of implementing medical examinations, etc. under paragraph (1) and the kind of diseases under paragraph (2) shall be prescribed by Presidential Decree, respectively. <Amended by Act No. 13597, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-6 (Education on Prevention, etc. of Infection)
(1) A postnatal care business entity shall receive education on a regular basis on the prevention, etc. of infection conducted by the Minister of Health and Welfare, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13597, Dec. 22, 2015>
(2) A person who intends to file a report on his/her postnatal care business under Article 15 (1) shall receive prior education under paragraph (1): Provided, That when he/she is unable to receive education before filing a report due to such extenuating circumstances as being in hospital because of a disease or injury, he/she shall receive education after starting to operate his/her postnatal care business, as determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
(3) Notwithstanding paragraphs (1) and (2), where a person who does not directly engage in postnatal care business or a person who intends to operate postnatal care business at least two locations among those who shall receive education on the prevention, etc. of infection has designated a manager in charge of the health control of pregnant or nursing women and infants (limited to medial personnel under Article 2 (1) of the Medical Service Act), he/she may require the manager to receive the relevant education.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-7 (Report, Visit, Inspections, etc.)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, if deemed necessary, require a postnatal care business entity to give necessary reports or have public officials under his/her control visit postnatal care centers to check if matters to be observed by postnatal care business entities are fulfilled or to inspect such documents as the health record book, etc. <Amended by Act No. 13104, Jan. 28, 2015>
(2) A public official, who intends to pay a visit or conduct a check or inspection under paragraph (1), shall carry a certificate showing his/her authority and present it to the relevant persons.
(3) Matters other than those prescribed by this Act in relation to the scope, period, details, procedures, methods, etc. of reports or inspections under paragraph (1) shall be as prescribed by the Framework Act on Administrative Investigations. <Newly Inserted by Act No. 13597, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-8 (Corrective Orders)
Where a postnatal care business entity falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue a corrective order to a postnatal care business entity for a prescribed period of up to three months, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 2015; Act No. 13597, Dec. 22, 2015>
1. Where he/she fails to secure personnel or equipment under Article 15;
2. Where he/she allows a disqualified person to engage in his/her business, in violation of Article 15-2;
3. Where he/she fails to comply with the matters to be observed under subparagraphs 1 through 3 of Article 15-4;
4. Where he/she allows a person, who has failed to undergo a medical examination, etc. or who has a disease suspected to harm other people, to engage in his/her business, in violation of Article 15-5 (2);
5. Where he/she fails to use the title "postnatal care center", in violation of Article 15-14 (1);
6. Where he/she fails to purchase liability insurance, in violation of Article 15-15 (2).
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-9 (Closure, etc. of Postnatal Care Centers)
(1) Where a postnatal care business entity violates a corrective order issued under Article 15-8, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order the postnatal care business entity to suspend his/her postnatal care business for a prescribed period of up to six months, or to close down the postnatal care center. <Amended by Act No. 13104, Jan. 28, 2015>
(2) Where a postnatal care business entity falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall order him/her to close his/her postnatal care center: <Amended by Act No. 13104, Jan. 28, 2015>
1. Where he/she continues to operate his/her postnatal care business during the suspension period under paragraph (1);
2. Where falling under any subparagraph of Article 15-2: Provided, That this shall not apply where a corporation falling under subparagraph 7 of Article 15-2 replaces its representative within three months.
(3) Where a postnatal care business entity continues to operate his/her postnatal care business even after having received a closure order pursuant to paragraphs (1) and (2), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may require the relevant public officials to take any of the following measures to close down the postnatal care center: <Amended by Act No. 13104, Jan. 28, 2015>
1. Elimination of the signboard or other business signs of the postnatal care center;
2. Attachment of a notice, etc. indicating that the postnatal care center in question has violated this Act;
3. Sealing to make instruments or facilities indispensible for operating postnatal care business unavailable.
(4) Where six months have not yet passed since the closure order of a postnatal care center under paragraphs (1) and (2) is issued, no person may operate postnatal care business at the same place.
(5) Detailed standards for the suspension order of postnatal care business and the closure order of a postnatal care center under paragraphs (1) and (2) shall be prescribed by Presidential Decree, in consideration of the type, gravity, etc. of the violation.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-10 (Reporting on Closure, Suspension, and Resumption of Postnatal Care Business)
A postnatal care business entity, who intends to close, suspend, or resume a postnatal care business, shall file a report with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu in advance, as determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 2015>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-11 (Penalty Surcharges)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may impose and collect a penalty surcharge not exceeding 30 million won in lieu of an order to suspend postnatal care business under Article 15-9 (1), when such order causes or is likely to cause severe inconvenience to users of a postnatal care center. <Amended by Act No. 13104, Jan. 28, 2015>
(2) The types of violations subject to a penalty surcharge under paragraph (1), the amount of a penalty surcharge depending on the gravity of violation and other necessary matters shall be prescribed by Presidential Decree.
(3) Where a person on whom a penalty surcharge has been imposed under paragraph (1) fails to pay it by the payment deadline, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall collect it in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013; Act No. 13104, Jan. 28, 2015>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-12 (Succession of Effect of Administrative Disciplinary Dispositions)
(1) Any of the following persons shall succeed to the effect of an administrative disciplinary disposition imposed on a former postnatal care business entity pursuant to Article 15-9:
1. Where a postnatal care business entity dies: his/her successor;
2. Where a postnatal care business entity transfers his/her business: the transferee;
3. Where a postnatal care business entity who is a corporation is merged: the newly-established or surviving corporation after the merger.
(2) The procedure of the administrative disciplinary disposition that was pending for the former postnatal care business entity pursuant to Article 15-9 may be continued for a person who falls under any subparagraph of paragraph (1).
(3) Notwithstanding paragraphs (1) and (2), these shall not apply if the transferee, the successor or the newly established or surviving corporation after the merger proves that he/she or it was not aware of the disposition or the violation as at the time of transfer, succession, or merger.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-13 (Hearings)
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of Si/Gun/Gu shall hold a hearing when intending to issue an order to close down a postnatal care center under Article 15-9. <Amended by Act No. 13104, Jan. 28, 2015>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-14 (Restriction, etc. of Use of Title)
(1) A postnatal care business entity shall use the term "postnatal care center" in the title of his/her postnatal care business.
(2) Except for postnatal care centers opened under this Act, no one shall use the title "postnatal care center" or a similar title.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 15-15 (Guarantee of Liability for Compensation for Damage)
(1) Where a postnatal care business entity causes damage to a user, such as infection, etc. due to the use of the postnatal care center, he/she shall be liable to compensate such damage.
(2) A postnatal care business entity shall purchase liability insurance in order to guarantee the liability for compensation for damage under paragraph (1).
(3) The amount covered by liability insurance under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13104, Jan. 28, 2015]
 Article 15-16 (Disclosure of User Fees, etc.)
(1) A postnatal care business entity shall post a notice of the details of services provided at the time a user makes use of the postnatal care center, its user fee schedule, and refund program for the cancellation of a contract before the expiry date at his/her postnatal care center and on the website therof. <Amended by Act No. 13597, Dec. 22, 2015>
(2) The method, period, etc. of posting a notice of matters to be notified pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13104, Jan. 28, 2015]
 Article 15-17 (Establishment of Postnatal Care Centers by Local Governments)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may establish and operate a center for postnatal care of pregnant or nursing women, taking into consideration the supply-demand situation thereof in his/her jurisdiction. <Amended by Act No. 15186, Dec. 12, 2017>
(2) For a postnatal care center to be estsablished and operated under paragraph (1), criteria for the establishment of the postnatal care center and matters necessary for the operation thereof, such as the preparation of measures for the management of infection and safety, the establishment and operation of rooms accommodating the mother and her child, a burden on users, and whether vulnerable groups with low income use the postnatal care center first, shall be prescribed by Presidential Decree. <Amended by Act No. 15186, Dec. 12, 2017>
[This Article Newly Inserted by Act No. 13597, Dec. 22, 2015]
 Article 15-18 (Support of Postnatal Caregivers)
(1) Where a pregnant or nursing woman who intends to receive postnatal care at home after childbirth files an application for the use of a postnatal caregiver, the State or a local government may support the use of a caregiver who visits the home of the relevant pregnant or nursing woman and helps postnatal care (hereinafter referred to as "postnatal caregiver") for the health management of the pregnant or nursing woman and her newborn baby.
(2) Matters necessary for the qualifications of a postnatal caregiver, methods and procedures for filing an application for the use thereof, and criteria and procedures for support shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13597, Dec. 22, 2015]
 Article 15-19 (Assessment of Postnatal Care Centers)
(1) The Minister of Health and Welfare may assess the levels of facilities and services of postnatal care centers and the professionalism of persons engaged in postnatal care in order to improve the quality of postnatal care services.
(2) The Minister of Health and Welfare may entrust an institution or organization prescribed by Presidential Decree with affairs concerning assessment under paragraph (1).
(3) The Minister of Health and Welfare may publish the results of assessment of postnatal care centers under paragraph (1), as prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Matters necessary to conduct assessment of postnatal care centers under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13597, Dec. 22, 2015]
 Article 15-20 (Fact-Finding Research Related to Postnatal Care)
(1) The State and local governments shall conduct fact-finding research related to postnatal care every three years for the health and safety of pregnant or nursing women and newborn babies.
(2) Matters necessary for the details, methods, etc. of fact-finding research under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13597, Dec. 22, 2015]
 Article 16 (Association)
(1) The Korea Population and Health Welfare Association (hereinafter referred to as the "Association") shall be established to provide services, including investigations, research, education, and public relations on the mother and child health services and childbirth support.
(2) Persons who are eligible for membership of the Association shall be those who consent to the purpose of the establishment and the projects of the Association.
(3) The Association shall be a corporation.
(4) Matters necessary to be included in the articles of association and those necessary for the services of the Association shall be prescribed by Presidential Decree.
(5) The provisions concerning incorporated associations referred to in the Civil Act shall apply mutatis mutandis to matters related to the Association that are not prescribed in this Act.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Articles 17 and 18 Deleted. <by Act No. 5859, Feb. 8, 1999>
 Article 19 Deleted. <by Act No. 4791, Dec. 22, 1994>
 Article 20 (Prohibition of Use of Same Title)
No person, other than the Association established under this Act, shall use the same title of the Korea Population and Health Welfare Association.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 21 (Subsidization of Expenses)
(1) The State may grant subsidies to cover the following expenses within its budgetary limits: <Amended by Act No. 13597, Dec. 22, 2015; Act No. 14323, Dec. 2, 2016>
1. Not more than 2/3 of the principal expenses and incidental expenses incurred in establishing a mother and child health organization (excluding where it is established by the State; hereinafter the same shall apply);
2. Not more than 1/2 of operational expenses of a mother and child health organization;
3. Expenses incurred in carrying out the entrusted services by a person entrusted with such services pursuant to Article 7 (3);
4. Expenses incurred in undergoing medical examinations, etc. under Article 10 (1);
5. Expenses incurred in supporting intensive care facilities and equipment for newborn babies under Article 10-2;
6. Expenses incurred in supporting the establishment of breast-feeding facilities under Article 10-3;
7. Expenses incurred by a person entrusted with affairs concerning assessment pursuant to Article 11-3 (4) in conducting affairs entrusted;
8. Expenses incurred by a person entrusted with affairs of the Central Counseling Center Specializing in Subfertility and a counseling center specializing in subfertility in each region pursuant to Article 11-4 (3) in conducting affairs entrusted;
9. Expenses incurred by a person entrusted with affairs concerning the management of statistics pursuant to Article 11-6 (3) in conducting the management thereof.
(2) Any local government shall grant subsidies to cover the expenses referred to in paragraph (1) 4 through 6 and 8, except for the expenses covered by the State, within its budgetary limits. <Amended by Act No. 14323, Dec. 2, 2016>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 22 (Free Loan of State Property)
The State may gratuitously lend State property to the Association, if deemed necessary.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 23 (Disclosure of Offenses, etc.)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, if a postnatal care business entity falls under any of the following subparagraphs, may disclose the offense charged, the disposition taken, the name and address of the postnatal care center involved, the name of the postnatal care business entity (in the case of a corporation, referring to the name of the relevant corporation), and other particulars prescribed by Presidential Decree when the disposition or punishment imposed becomes final and conclusive:
1. Where it is ordered to suspend the postnatal care business or to close the postnatal care center under Article 15-9 (1) for violating a corrective order pursuant to subparagraph 3 or 4 of Article 15-8;
2. Where it is subject to a penalty surcharge in lieu of an order to suspend the postnatal care business under Article 15-11 (1) (only in the case of violating a corrective order pursuant to subparagraph 3 or 4 of Article 15-8);
3. Where it is sentenced to imprisonment with labor or a fine under Article 26 (1) 2 or (2) 2.
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, prior to the disclosure pursuant to paragraph (1), notify the entity subject to disclosure of such fact and provide it with an opportunity to submit explanatory materials or to make an appearance to state his/her opinion.
(3) Procedures and methods for disclosure pursuant to paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 15444, Mar. 13, 2018]
 Article 24 (Prohibition of Divulgence of Confidential Information)
Except as otherwise expressly provided for in this Act or other statutes, no person engaging in mother and child health services shall divulge or disclose any confidential information about a third person he/she has become aware of in the course of performing his/her duties. <Amended by Act No. 15186, Dec. 12, 2017>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 25 (Delegation of Authority and Entrustment of Affairs)
(1) The Minister of Health and Welfare may delegate part of his/her authority under this Act to a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 2015; Act No. 13597, Dec. 22, 2015; by Act No. 14323, Dec. 2, 2016>
(2) The Minister of Health and Welfare may entrust affairs concerning the provision of education on the prevention, etc. of infection under Article 15-6 to the Association, etc., as prescribed by Presidential Decree. <Newly Inserted by Act No. 13597, Dec. 22, 2015>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 26 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
1. A person who operates postnatal care business without filing a report or modified report, in violation of Article 15 (1);
2. A person who allows a third person with a disease suspected to harm other people to engage in postnatal care business, in violation of Article 15-5 (2);
3. A person who continues to operate postnatal care business even after the order to suspend or close down the postnatal care business is issued under Article 15-9 (1) or (2);
4. A person who divulges or discloses confidential information, in violation of Article 24.
(2) Any of the following persons shall be punished by a fine not exceeding three million won:
1. A person who fails to file a report on succession, in violation of Article 15-3 (2);
2. A person who fails to take necessary measures, in violation of subparagraph 2 or 3 of Article 15-4.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 26-2 (Joint Penalty Provisions)
Where the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or an individual, commits an offense referred to in Article 26 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs in order to prevent such offense.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 27 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 13104, Jan. 28, 2015; Act No. 13597, Dec. 22, 2015; Act No. 15444, Mar. 13, 2018>
1. A person who violates subparagraph 1 of Article 15-4;
1-2. A person who fails to report the transfer to a medical institution without delay, in violation of subparagraph 4 of Article 15-4;
2. A postnatal care business entity who fails to undergo a medical examination, etc., in violation of Article 15-5 (1), and a postnatal care business entity who allows any person who has failed to undergo a medical examination, etc. to engage in postnatal care business, in violation of paragraph (2) of the same Article;
3. A person who fails to receive education on the prevention, etc. of infection, in violation of Article 15-6 (1) or (2);
4. A person who fails to submit a report pursuant to Article 15-7 (1) or submits a false report, or who refuses, interferes with, or evades, a visit, check, or inspection of a public official;
5. A person who fails to post a notice of the details of services and the user fee schedule and refund program for the cancellation of a contract before the expiry date under Article 15-16 or posts a false notice thereof.
(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended by Act No. 13597, Dec. 22, 2015>
1. The head of a medical institution or the director of a public health clinic, who fails to submit a report on the death of a pregnant or nursing woman, stillbirth, or the death of a newborn baby, in violation of Article 8 (3);
2. Deleted; <by Act No. 15444, Mar. 13, 2018>
3. A postnatal care business entity who fails to file a report on the closure, suspension, or resumption of his/her postnatal care business, in violation of Article 15-10;
4. A person who violates a provision concerning the use of title under Article 15-14;
5. A person who fails to purchase liability insurance, in violation of Article 15-15;
6. A person who uses the name "Korea Population and Health Welfare Association", in violation of Article 20.
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected based on the following classifications, as prescribed by Presidential Decree: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 2015; Act No. 15444, Mar. 13, 2018>
1. Cases applicable under paragraphs (1) and (2) 1, 3, 4 and 5: To be imposed and collected by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu;
2. Cases applicable under paragraph (2) 6: To be imposed and collected by the Minister of Health and Welfare.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 28 (Exemption from Application of the Criminal Act)
No person who undergoes or performs an induced abortion operation under this Act shall be punished, notwithstanding Articles 269 (1) and (2) and 270 (1) of the Criminal Act.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
 Article 29 Deleted. <by Act No. 9333, Jan. 7, 2009>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Planned Parenthood Federation of Korea)
The Planned Parenthood Federation of Korea that exists as an incorporated association as at the time this Act enters into force shall be deemed the Planned Parenthood Federation of Korea established under this Act: Provided, That the former shall amend the articles of association so as to conform to requisite entries of the articles of association under Article 16 within three months after Presidential Decree by which such matters are determined enters into force, and shall provide for other requirements.
ADDENDA <Act No. 3948, Nov. 28, 1987>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 4791, Dec. 22, 1994>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1995.
Article 2 Omitted.
ADDENDUM <Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA <Act No. 5859, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Change of Title of Planned Parenthood Federation of Korea) The Planned Parenthood Federation of Korea established pursuant to the previous provisions as at the time this Act enters into force shall be deemed the Planned Parenthood Health and Welfare Federation of Korea established under this Act.
ADDENDA <Act No. 7703, Dec. 7, 2005>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 3-2, 16 and 20 shall enter into force on the date of their promulgation, respectively.
(2) (Transitional Measures concerning Report on Postnatal Care Business) A person who operates postnatal care business as at the time this Act enters into force shall be equipped with personnel and equipment under this Act and file a report on postnatal care business under the amended provisions of Article 15 (1) within six months after this Act enters into force.
(3) (Transitional Measures concerning Change of Title of Planned Parenthood Health and Welfare Federation of Korea) The Planned Parenthood Health and Welfare Federation of Korea incorporated under the previous provisions as at the time this Act enters into force shall be deemed the Korea Population and Health Welfare Association incorporated under this Act. In such cases, the Planned Population Federation of Korea shall modify and register its articles of association within one month after this Act enters into force.
ADDENDA <Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9333, Jan. 7, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Matters to be Observed by Postnatal Care Business Entities)
(1) The amended provisions of subparagraph 3 of Article 15-4 shall begin to apply from the first human death caused by a safety-related accident after this Act enters into force.
(2) The amended provisions of subparagraph 4 of Article 15-4 shall begin to apply from the first transfer to a medical institution under the amended provisions of subparagraph 3 of Article 15-4 after the Act enters into force.
Article 3 (Transition Measures concerning Contraceptive Operations)
A licensed midwife or licensed nurse, who has completed a prescribed education course under the previous Article 13 as at the time this Act enters into force, may conduct contraceptive operations under the previous provisions, notwithstanding Articles 13 and 29.
Article 4 (Relationship with other Statutes)
A citation of any provisions of the previous Mother and Child Health Act by any other statute as at the time this Act enters into force shall be deemed a citation of the provisions of this Act in lieu of the previous provisions, if such corresponding provisions exists herein.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11441, May 23, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13104, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Purchase of Liability Insurance as Requirements to File Reports)
Matters concerning the purchase of liability insurance as requirements to file a report in the amended provisions of Article 15 (1) shall apply, beginning with the first person who files a report on the opening and operation of a postnatal care center after this Act enters into force.
Article 3 (Transitional Measures concerning Incompetents and Quasi-Incompetents)
Persons under adult guardianship and persons under limited guardianship referred to in the amended provisions of Article 15-2, shall be deemed to include persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDUM <Act No. 13597, Dec. 22, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14323, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 15186, Dec. 12, 2017>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 15-17 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15444, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 2 of Article 15-2 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Disclosure of Offenses)
The amended provisions of Article 23 shall apply, beginning with the first offense committed after this Act enters into force.