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
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]
The terms used in this Act shall be defined as follows:
| 1. | The term "pregnant or nursing woman" means a woman who is pregnant or for whom six months have not yet passed since childbirth; |
| 2. | The term "mother" means a pregnant or nursing woman, or a woman of childbearing age; |
| 3. | The term "infant" means a person for whom six years have not yet passed since his/her birth; |
| 4. | The term "newborn baby" means an infant for whom 28 days have not yet passed since his/her birth; |
| 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. | The term "family planning services" means services to provide any professional medical services, information or education on conception control for the purposes of improving family health and welfare; |
| 10. | The term "mother and child health personnel" means a licensed medical doctor, licensed midwife, licensed nurse, or certified assistant nurse, who engages in providing mother and child health services and family planning services; |
| 11. | 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"). |
[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 devising policy measures concerning mother and child health services and family planning services. |
[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 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 family planning services, and develop a basic plan for such services, as prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | The heads of related central administrative agencies and local governments shall develop and implement detailed programs necessary to carry out the basic plan under paragraph (1). |
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
| Article 6 (Mother and Child Health Council) |
| (1) | The Mother and Child Health Council shall be established in the Ministry of Health and Welfare to deliberate on important matters concerning mother and child health services and family planning services upon a request for advice and consultation by the Minister of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (2) | Necessary matters concerning the composition and operation of the Mother and Child Health Council shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
| 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 and family planning 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: |
| 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 preventing 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) | Necessary matters concerning standards for establishment and operation of mother and child health organizations referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The State and local governments may carry out matters referred to in any subparagraph of paragraph (1) by entrusting them 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 determined 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, the head of a Si (excluding the head of an administrative Si under Article 15 (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 determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu, 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> |
| (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 determined 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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) | Necessary matters concerning 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 (Registration Cards for 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 prepare and manage registration cards for premature babies, etc., as prescribed 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 10 (Healthcare, etc. of Pregnant or Nursing Women, Infants, Premature Babies, etc.) |
| (1) | A Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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 health examinations and vaccinations, or requiring the mother and child health personnel to visit homes of the pregnant or nursing women, infants, premature babies, etc. in order to conduct a health diagnosis and treatment, and so on, as prescribed by Presidential Decree. <Amended by Act No. 13104, Jan. 28, 2015> |
| (2) | A Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may render the following medical services to pregnant or nursing women, infants, premature babies, etc., who are in need of hospitalization: <Amended by Act No. 13104, Jan. 28, 2015> |
| 2. | Provision of medicine or materials for medical treatment; |
| 3. | Treatments, operations and other cares; |
| 4. | Accommodation in medical establishments; |
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
| Article 10-2 (Support of Intensive Care Facilities, etc. for Newborn Babies) |
The State and local governments may support intensive care facilities and equipment for newborn babies in order to provide appropriate medical services necessary to protect and improve the health of premature babies, etc.
[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 11 (Projects to Support Overcoming Fertility Challenges) |
The State and local governments may render support for overcoming fertility challenges and other reproductive health issues. <Amended by Act No. 11441, May 23, 2012>
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
| 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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 might 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 her or his/her intention by 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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>
| 1. | A person under the age of 18, a person under adult guardianship, or a person under limited guardianship; |
| 4. | A person for whom three years have not passed since his/her imprisonment without labor or greater punishment declared by a court by reason of 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 by reason of violating this Act; |
| 6. | A person for whom one year has not passed since he/she received the order to close his/her postnatal care center under Article 15-9; |
| 7. | A juristic person 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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 heath 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 (Health Diagnosis) |
| (1) | A postnatal care business entity and a person who engages in postnatal care business shall undergo a health examination: Provided, That if he/she has undergone the same health examination under other statutes, he/she may be deemed to have undergone the health examination under this Act. |
| (2) | No postnatal care business entity shall allow any person, who has failed to undergo a health examination under paragraph (1) or any person who has a disease likely to be harmful to other people, to engage in postnatal care business. |
| (3) | The scope of persons engaging in postnatal care business and methods of implementing health examinations under paragraph (1) and the kind of diseases under paragraph (2) shall be prescribed by Presidential Decree, respectively. |
[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 undergo regular education on the prevention, etc. of infection, as determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (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 not less than 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 persons 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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. |
[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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may issue a corrective order to a postnatal care business entity setting a period 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>
| 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 health examination 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 issued under Article 15-8, a Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu shall order 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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 Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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]
A Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, 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) |
| (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 and its user fee schedule at his/her postnatal care center and on the website therof. |
| (2) | The method and 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]
| (1) | 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 subsidize the following expenses within its budgetary limits: |
| 1. | Not more than 2/3 of the principal expenses and incidental expenses incurred in establishing a mother and child health organization (excluding cases 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 health 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. |
| (2) | Any local government shall subsidize the expenses referred to in paragraph (1) 4 through 6, except for the portion subsidized by the State, within its budgetary limits. |
[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 Deleted. <by Act No. 9333, Jan. 7, 2009> |
| Article 24 (Prohibition of Divulgence of Confidential Information) |
Except as specially provided for in this Act or other statutes, no person engaging in mother and child health services or family planning services shall divulge or disclose any confidential information of any third person he/she has become aware of in the course of carrying out his/her duties.
[This Article Wholly Amended by Act No. 9333, Jan. 7, 2009]
| Article 25 (Delegation of Authority) |
Part of the authority of the Minister of Health and Welfare vested under this Act, may be delegated to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province, as prescribed by Presidential Decree. <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 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> |
| 2. | A postnatal care business entity who fails to undergo a medical examination, 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 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 give a report pursuant to Article 15-7 (1) or gives 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 under Article 15-16 or posts a false notice therof. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: |
| 1. | The head of a medical institution or the director of a public health clinic, who fails to give 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. | A postnatal care business entity, who fails to give a report on the transfer to a medical institution, in violation of subparagraph 4 of Article 15-4; |
| 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 uses the title "Korea Population and Health Welfare Association", in violation of Article 20. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected according to the following classifications, as prescribed by Presidential Decree: <Amended by Act No. 9932, Jan. 18, 2010; Act No. 13104, Jan. 28, 2015> |
| 1. | Cases applicable under paragraphs (1) and (2) 1 through 4: To be imposed and collected by a Metropolitan Autonomous City Mayor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu; |
| 2. | Cases applicable under paragraph (2) 5: 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) |
[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 the 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 (Applicable Example concerning Matters to be Observed by Postnatal Care Business Entities)
| (1) | The amended provisions of subparagraph 3 of Article 15-4 shall apply beginning with the first 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 apply beginning with 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 (Applicable Example concerning 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 provision 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 provision 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).