SPECIAL ACT ON IMPROVEMENT OF PUBLIC HEALTH AND WELFARE OF RESIDENTS IN AGRICULTURAL AND FISHING VILLAGES
Act No. 7151, Jan. 29, 2004
Amended by Act No. 7951, Apr. 28, 2006
Act No. 8135, Dec. 30, 2006
Act No. 8153, Dec. 30, 2006
Act No. 8352, Apr. 11, 2007
Act No. 8377, Apr. 11, 2007
Act No. 8541, Jul. 23, 2007
Act No. 8655, Oct. 17, 2007
Act No. 8850, Jan. 17, 2008
Act No. 8852, Feb. 29, 2008
Act No. 9932, Jan. 18, 2010
Act No. 10333, May 31, 2010
Act No. 10789, jun. 7, 2011
Act No. 11002, Aug. 4, 2011
Act No. 11007, Aug. 4, 2011
Act No. 11141, Dec. 31, 2011
Act No. 11247, Feb. 1, 2012
Act No. 13103, Jan. 28, 2015
Act No. 13383, jun. 22, 2015
Act No. 13990, Feb. 3, 2016
Act No. 14224, May 29, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure residents in agricultural and fishing villages have a reasonable standard of living by fortifying policies for the improvement of public health and welfare of residents in agricultural and fishing villages, clarifying the responsibilities of the State and local governments therefor, and expanding public health and medical services and social welfare facilities in agricultural and fishing villages.
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
The terms used in this Act shall be defined as follows: <Amended by Act No. 13383, Jun. 22, 2015>
| 2. | The term "residents in agricultural and fishing villages" means persons who reside in agricultural and fishing villages; |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 3 (Extent of Application) |
This Act shall apply to agricultural and fishing villages, residents in agricultural and fishing villages, and farmers and fishers.
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 4 (Relationship to Other Acts) |
This Act shall apply to public health and welfare services for agricultural and fishing villages in preference to the provisions of other Acts.
| Article 5 (Responsibilities of State and Local Governments) |
The State and local governments shall create related systems and conditions so that residents in agricultural and fishing villages can substantially benefit from public health and social welfare services.
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
CHAPTER II FORMULATION, ETC. OF MASTER PLANS FOR PUBLIC HEALTH AND WELFARE SERVICES IN AGRICULTURAL AND FISHING VILLAGES
| Article 6 (Conduct of Fact-Finding Surveys) |
| (1) | The Minister of Health and Welfare shall conduct fact-finding surveys on the level of public health and welfare services in agricultural and fishing villages, every five years and publish the outcomes thereof. |
| (2) | Where necessary for conducting fact-finding surveys under paragraph (1), the Minister of Health and Welfare may request the heads of related central administrative agencies, the heads of local governments, the heads of public institutions defined under the Act on the Management of Public Institutions, and the heads of other related facilities, corporations or organizations to submit necessary data or to state their opinions, etc. In such cases, the heads of related central administrative agencies, etc., shall comply with such request, except in extenuating circumstances. |
| (4) | Matters necessary for the items, methods, procedures, publication, etc. of fact-finding surveys referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 7 (Formulation of Master Plans for Public Health and Welfare Services in Agricultural and Fishing Villages) |
| (1) | The Minister of Health and Welfare shall formulate a master plan for public health and welfare services in agricultural and fishing villages (hereinafter referred to as "master plan"), every five years based on the outcomes of fact-finding surveys conducted under Article 6. |
| (2) | A master plan shall include the following matters: |
| 1. | The basic objectives of, and direction-setting for, policies for public health and welfare services in agricultural and fishing villages; |
| 2. | Main tasks and implementation methods; |
| 4. | A system to provide public health and welfare services to agricultural and fishing villages; |
| 5. | Other matters deemed specially necessary by the Minister of Health and Welfare for the improvement of public health and welfare services in agricultural and fishing villages. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 8 (Formulation of Action Plans, etc.) |
| (1) | The Minister of Health and Welfare, and a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor and a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), shall formulate and implement annual action plans for major policies (hereinafter referred to as "action plans") under their respective jurisdictions related to public health and welfare services in agricultural and fishing villages according to the relevant master plan. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 9 (Cooperation in Formulation of Plans) |
If necessary for the formulation and execution of a master plan, action plan, or implementation plan, the Minister of Health and Welfare, the Mayor/Do Governor, and the head of a Si/Gun may request the relevant public institutions, the relevant private institutions, or the relevant organizations, to cooperate in the formulation and execution thereof.
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
CHAPTER III CREATION OF FOUNDATION OF PUBLIC HEALTH AND MEDICAL SERVICES IN AGRICULTURAL AND FISHING VILLAGES
| Article 10 (Preferential Support for Public Health and Medical Institutions) |
Where the State and local governments support human resources, facilities, and equipment for public health and medical institutions falling under subparagraph 3 of Article 2 of the Public Health and Medical Services Act, they may give priority to public health and medical institutions in agricultural and fishing villages. [This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 11 (Gathering Consensus from Local Residents concerning Integration of Public Health Clinics) |
| (2) | Matters necessary for the methods of, and procedures for, gathering consensus from local residents under paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 12 (Establishment of Emergency Medical Service System) |
| 1. | Research and analysis on the actual conditions of the utilization of emergency medical services in agricultural and fishing villages; |
| 2. | Establishment and designation of emergency medical institutions for an area requiring emergency medical services in agricultural and fishing villages; |
| 3. | Improvement of human resources, equipment, and facilities of emergency medical institutions in agricultural and fishing villages; |
| 4. | Securing means of transportation of emergency patients in agricultural and fishing villages. |
| (2) | The State and local governments may provide financial support to emergency medical institutions and public health and medical institutions in agricultural and fishing villages to implement a master plan for emergency medical services and an execution plan for regional emergency medical services referred to in paragraph (1). |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 13 (Request for Cooperation of Private Medical Institutions in Providing Public Health and Medical Services) |
| (1) | If necessary to meet demand for medical services of residents in agricultural and fishing villages, the State or a local government may request a private medical institution in an agricultural or fishing village to cooperate in providing public health and medical services falling under subparagraphs of Article 7 (1) of the Public Health and Medical Services Act. |
| (2) | The State or a local government may provide financial and human resource support to a private medical institution that provides public health and medical services in accordance with paragraph (1). |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 14 (Fostering of Private Medical Institutions in Agricultural and Fishing Villages) |
| (1) | The State or a local government shall foster private medical institutions in agricultural and fishing villages to improve the health of residents in agricultural and fishing villages and the balanced development of public health and medical services. |
| (2) | Where the State or a local government provides a loan to a private medical institution in an agricultural or fishing village, to foster it pursuant to paragraph (1), it may apply the term and interest rate of loans determined by the Minister of Health and Welfare in consultation with the head of the relevant administrative agency to such loan. |
| (3) | The State or a local government may apply the adjusted conditions of repayment, such as the extension of the repayment deadline and the reduction in the rate of interest, as determined by the Minister of Health and Welfare in consultation with the head of the relevant administrative agency to the loan that a private medical institution in an agricultural or fishing village has obtained before December 31, 2003 according to the former Act on the Special Accounts for Treasury Loans. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 15 (Preferential Implementation of Cancer Screening Programs) |
| (1) | The State shall formulate policies for the implementation of free cancer screening programs under Article 11 of the Cancer Control Act in agricultural and fishing villages in preference to other regions. |
| (2) | Matters necessary for the items, objects, etc. of cancer screening programs under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 16 (Preferential Implementation of Mental Health Programs) |
| (2) | The State or a local government shall implement mental health programs for local communities under Article 12 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients preferentially in agricultural and fishing villages for the improvement of mental health and treatment of mental diseases and rehabilitation of residents in agricultural and fishing villages, and fully or partially subsidize expenses incurred in such programs, such as the establishment and operation of mental health centers. <Amended by Act No. 14224, May 29, 2016> |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 17 (Preferential Implementation of Dental Health Programs) |
| (1) | When implementing dental health programs in accordance with Article 7 of the Dental Health Act, the State or a local government shall formulate policies for the preferential implementation of dental health programs for low-income residents in agricultural and fishing villages prescribed by Presidential Decree, such as denture programs for senior citizens. |
| (2) | The State or a local government shall bear expenses for dental health programs referred to in paragraph (1). |
| (3) | Matters necessary for the items and objects of dental health programs under paragraph (1), the ratio of cost sharing between the State and a local government under paragraph (2), etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 18 (Support to Foster Oriental Medicine Industry) |
| (1) | Where a farmer, fisherman or person prescribed by Presidential Decree intends to cultivate, process or distribute medicinal herbs (hereinafter referred to as "medicinal herb cultivation, etc.") referred to in subparagraph 5 of Article 2 of the Oriental Medicine Promotion Act, the State or a local government may partially subsidize expenses therefor, within budgetary limits. |
| (2) | Matters concerning the procedures for application for support in medicinal herb cultivation referred to in paragraph (1) and the standards for the examination of application, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
CHAPTER IV IMPROVEMENT OF SOCIAL WELFARE SERVICES IN AGRICULTURAL AND FISHING VILLAGES
| Article 19 (Special Cases concerning Standards for Selection of Beneficiaries under the National Basic Living Security Act) |
| (1) | Where the State estimates the value of income of the households of farmers and fishers to select beneficiaries (hereinafter referred to as "beneficiaries") under subparagraph 1 of Article 2 of the National Basic Living Security Act, notwithstanding Article 6-3 (1) of the same Act, it may additionally recognize the main items of expenditure in which characteristics of the households of farmers and fishers are reflected. |
| (2) | Where the State converts the value of property of the households of farmers and fishers into their incomes, notwithstanding Article 6-3 (2) of the National Basic Living Security Act, it may apply the lenient standards for the conversion to property directly related to agriculture and fishery, such as farmland. |
| (3) | Matters necessary for the main items of expenditure additionally recognized under paragraph (1) and the scope of property and the standards for the calculation of the value of property under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 20 (Execution of Policies to Support Self-Reliance) |
The State or a local government shall formulate policies to support self-reliance and to improve the quality of living of beneficiaries and residents in agricultural and fishing villages whose standard of living is similar thereto.
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 21 (Preferential Support for Social Welfare Facilities) |
In performing projects for the improvement of social welfare facilities under subparagraph 4 of Article 2 of the Social Welfare Services Act, the State or a local government may subsidize social welfare facilities in agricultural and fishing villages in preference to other regions. [This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 22 (Infant Care Services, etc.) |
| (1) | The State or a local government shall establish national or public day-care centers in agricultural and fishing villages in preference to other regions to improve the conditions of infant care therein or take necessary measures so that other day-care centers can be established. |
| (2) | The State or a local government may subsidize expenses required additionally due to characteristics of agricultural and fishing villages in the establishment and operation of day-care centers and infant care services under paragraph (1). |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 23 (Expansion of Children and Home Protection Services) |
| (1) | The State or a local government shall preferentially formulate policies to assist the following families to invigorate the protection of children in agricultural and fishing villages who need protection: |
| 1. | A child-headed family; |
| (2) | Matters necessary for the details and extent of assistance referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 24 (Establishment and Operation of Senior Welfare Facility Complexes) |
| (1) | To provide various welfare services, such as residence, improvement in health, leisure and culture, to senior citizens living in agricultural and fishing villages free of charge or at cost, the State or a local government may establish and operate a senior welfare facility complex in which senior welfare facilities under subparagraphs of Article 31 of the Welfare of Older Persons Act are collectively arranged. |
| (2) | Matters necessary for the establishment and operation of a senior welfare facility complex referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 25 (Medical Treatment Services for Low-Income Senior Citizens) |
| (1) | The State or a local government shall provide necessary services, such as nursing, tending, support in daily life, and rehabilitation, to low-income senior citizens living in agricultural and fishing villages prescribed by Presidential Decree. |
| (2) | Matters necessary for the details and methods of providing services referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | The State or a local government may subsidize nursing expenses or goods, etc. for low-income households of farmers and fishers prescribed by Presidential Decree supporting senior citizens who need nursing care, within budgetary limits, as prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 26 (Special Cases concerning Scope of Persons Eligible to Apply for Single-Parent Family Support) |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 27 (Subsidization of Insurance Premiums under the National Health Insurance Act) |
| (2) | Matters necessary for the rate of graded subsidy, scope of subsidization, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 28 (Special Cases concerning Calculation of Contribution Points) |
| (1) | Where the National Health Insurance Corporation (hereinafter referred to as the "Corporation") calculates the contribution points of farmers and fishers pursuant to Article 69 (5) of the National Health Insurance Act, notwithstanding Article 72 (1) of the same Act, it may appraise the value of property of farmers and fishers prescribed by Presidential Decree, such as fallow and abandoned land, differently from other property. |
| (2) | Matters necessary for methods of, and standards for, the calculation of contribution points applicable to property of farmers and fishers under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 29 (Special Cases concerning Writing-off of Insurance Premiums) |
Where the Corporation writes off insurance premiums, etc. of farmers or fishers as loss under Article 84 of the National Health Insurance Act, it may apply the subject matters and methods thereof differently, as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 30 (Extension of Deadline for Payment of Insurance Premiums, etc.) |
| (1) | Where a farmer or fisherman suffers a severe property loss, or an unforeseen circumstance prescribed by Ordinance of the Ministry of Health and Welfare occurs, the Corporation may extend the deadline for payment of insurance premiums under Article 78 of the National Health Insurance Act. |
| (2) | Each farmer or fisherman, who seeks extension of the deadline for payment of insurance premiums pursuant to paragraph (1), shall submit an application to the Corporation, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That where the Corporation deems it impractical for a farmer or fisherman to submit an application, it may ex officio extend the deadline for payment of insurance premiums. |
| (3) | When the Corporation extends the deadline for payment of insurance premiums under paragraph (1), it shall give notice of necessary matters, such as the deadline for payment of insurance premiums extended, to a farmer or fisherman, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) | Where the Corporation deems that a farmer or fisherman is unable to pay his/her insurance premiums, due to extenuating circumstances, by the deadline for payment of insurance premiums extended under paragraph (1), it may allow the farmer or fisherman to pay his/her insurance premiums in installments, as prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 31 (Subsidization of National Pension Contributions) |
The State may subsidize national pension contributions in an amount not exceeding 50/100 of national pension contributions that farmers and fishers should bear pursuant to Article 88 (4) of the National Pension Act, within budgetary limits, as prescribed by the same Act. [This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
| Article 32 (Preferential Subsidies from Special Rural Development Tax) |
The State may grant subsidies financed by the special rural development tax preferentially to public health and welfare services in agricultural and fishing villages under this Act.
| Article 33 (Special Cases concerning Quasi-Agricultural and Fishing Villages) |
Any of the following regions, other than agricultural and fishing villages, shall be deemed an agricultural or fishing village, and the State or a local government may provide necessary support to residents living in the relevant region, as prescribed by Presidential Decree: Provided, That the support for the special management regions specified in the proviso to subparagraphs 2-2 and 3 shall be limited to the subsidization for the insurance premiums under Article 27: <Amended by Act No. 13990, Feb. 3, 2016> [This Article Wholly Amended by Act No. 13103, Jan. 28, 2015]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
ADDENDA <Act No. 7951, Apr. 28, 2006>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Examples of Application to Support to Quasi-Agricultural and Fishing Villages) The amended provisions of Article 33 shall apply beginning with supports for the fiscal year 2006. |
ADDENDA <Act No. 8135, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8153, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8377, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 43 Omitted.
ADDENDA <Act No. 8655, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8850, Jan. 17, 2008>
This Act shall enter into force three months after the date of its promulgation.
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. 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.
ADDENDA <Act No. 10333, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11002, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11007, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 11247, Feb. 1, 2012>
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. 13103, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 1 and 3 of Article 2, Articles 3, 18 (1), 19, 25 (3), and 27 through 31 shall enter into force six months after the date of its promulgation. Articles 2 (Special Cases concerning Addenda to the Partially Amended National Basic Living Security Act)
A beneficiary defined in subparagraph 1 of Article 2 of the partially amended National Basic Living Security Act (Act No. 12933) shall be deemed a beneficiary under the amended provisions of Article 19 (1), notwithstanding Article 6 (3) of the Addenda to the same Act.
ADDENDA <Act No. 13383, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13990, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability regarding Subsidization for Insurance Premiums)
The application of the amended provisions of Article 33 shall be limited to the farmers and fishers who have been receiving subsidies for insurance premiums under Article 27 as residents of the relevant area before designation as the special management regions under Article 6-2 (1) of the Special Act on Public Housing.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.