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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

Act No. 16245, Jan. 15, 2019

Act No. 16370, Apr. 23, 2019

Act No. 17007, Feb. 18, 2020

Act No. 17091, Mar. 24, 2020

Act No. 18612, Dec. 21, 2021

 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 on Jan. 7, 2009]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Dec. 22, 2015; Apr. 23, 2019>
1. The term "pregnant woman or nursing mother" means a woman who is pregnant or for whom six months have not passed since childbirth;
2. The term "mother" means a pregnant woman or nursing mother, or a woman of childbearing age;
3. The term "infant and young child" 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 and young child born with his or her physical development immaturely developed, who meets the standards prescribed by Presidential Decree;
6. The term "congenitally deformed baby" means an infant and young child 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 and young children 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; <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 between a married couple (including de facto marital relationship; hereafter in this subparagraph the same shall apply) 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 on Jan. 7, 2009]
 Article 3 (Responsibilities of the 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 young children, and take other necessary measures.
(2) The State and local governments shall endeavor to formulate policy measures relating to mother and child health services and actively publicize such policy measures to mothers and protectors of infants and young children, thereby contributing to the improvement of the public health. <Amended on Dec. 12, 2017; Dec. 21, 2021>
[This Article Wholly Amended on Jan. 7, 2009]
 Article 3-2 (Pregnant Women and Nursing Mothers' Day)
October 10 shall be designated as Pregnant Women and Nursing Mothers' Day to stress the importance of pregnancy and delivery.
[This Article Wholly Amended on Jan. 7, 2009]
 Article 3-3 (Application to Immigrants by Marriage)
This Act shall also apply to immigrants by marriage, provided in subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea.
[This Article Newly Inserted on Jan. 7, 2009]
 Article 4 (Obligation of Mothers)
(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 and young children, guardians of infants and young children, and other persons protecting infants and young children (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 on 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 on Jan. 18, 2010; Dec. 12, 2017>
(2) The heads of related central administrative agencies and local governments shall develop and implement detailed plans necessary to implement the basic plan under paragraph (1).
[This Article Wholly Amended on Jan. 7, 2009]
 Article 6 Deleted. <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 on Dec. 12, 2017>
1. Matters concerning prenatal, postnatal and childbirth care and emergency measures for pregnant women or nursing mothers;
2. Matters concerning healthcare, vaccinations, etc. of infants and young children;
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 disabilities and their healthcare;
6. Matters concerning sex education and counseling, and health-related instruction, research, public relations, statistics management, etc.
(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 on Jan. 7, 2009]
 Article 8 (Reporting by Pregnant Woman or Nursing Mother)
(1) If a pregnant woman or nursing mother 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 on 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 on Jan. 18, 2010; Jan. 28, 2015; Jul. 24, 2015>
(3) Where a pregnant woman or nursing mother 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 on Jan. 18, 2010; 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 on 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 or her jurisdiction.
[This Article Wholly Amended on 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 women or nursing mothers or infants and young children reported under Article 8 (1). <Amended on 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 on Jan. 18, 2010>
[This Article Wholly Amended on Jan. 7, 2009]
 Article 9-2 (Recording and Management of Information about Premature Babies)
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 on Jan. 18, 2010; Dec. 22, 2015>
[This Article Wholly Amended on Jan. 7, 2009]
[Title Amended on Dec. 22, 2015]
 Article 10 (Healthcare of Pregnant Women or Nursing Mothers, Infants and Young Children, Premature Babies)
(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 women or nursing mothers, infants and young children, 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 women or nursing mothers, infants and young children, premature babies, etc. in order to conduct a health and medical treatment, and so on, as prescribed by Presidential Decree. <Amended on Jan. 28, 2015; Dec. 22, 2015; 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 women or nursing mothers, infants and young children, premature babies, etc., in need of hospitalization: <Amended on Jan. 28, 2015>
1. Medical examination;
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 on Jan. 7, 2009]
 Article 10-2 (Support of Intensive Care Facilities 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 women or nursing mothers and newborn babies in order to provide appropriate medical services necessary to protect and improve the health of high-risk pregnant women or nursing mothers and premature babies, etc. <Amended on Dec. 2, 2016>
[This Article Newly Inserted on Jan. 7, 2009]
[Title Amended on Dec. 2, 2016]
 Article 10-3 (Establishment of Breast-Feeding Facilities)
(1) The State and local governments may support the establishment of breast-feeding facilities and nursing rooms that can be used by persons accompanied by infants and young children, etc. which are necessary to maintain and improve the health of infants and young children. <Amended on Dec. 21, 2021>
(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 women or nursing mothers with sufficient knowledge and information on breast-feeding, and endeavor to provide facilities for pregnant women or nursing mothers and infants and young children to share so that nursing women can breast-feed their babies.
[This Article Newly Inserted on Jan. 7, 2009]
 Article 10-4 (Support for Pregnant Women Conceiving Multiple Children)
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 and young children born in multiple births.
[This Article Newly Inserted on Dec. 22, 2015]
 Article 10-5 (Support for Screening of Prenatal or Postnatal Depression)
Where the State and local governments deem it necessary for pregnant women or nursing mothers, they may provide support related to screening of prenatal or postnatal depression.
[This Article Newly Inserted on 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 women or nursing mothers and premature babies, as follows:
1. Support for and evaluation of intensive care facilities for high-risk pregnant women or nursing mothers and newborn babies;
2. Connection and service coordination between intensive care facilities for high-risk pregnant women or nursing mothers and newborn babies;
3. Education and training for employees at intensive care facilities for high-risk pregnant women or nursing mothers and newborn babies;
4. Analysis of cases and preparation of statistics concerning high-risk pregnant women or nursing mothers, premature babies, etc.;
5. Other services determined by the Minister of Health and Welfare to support intensive care facilities for high-risk pregnant women or nursing mothers 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 the trading agency has obtained the designation 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 performs any of its business violating any of the terms and conditions 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 on 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 on May 23, 2012; Dec. 22, 2015>
(2) Support for overcoming subfertility shall include the following: <Newly Inserted on 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 deemed necessary by the Minister of Health and Welfare.
[This Article Wholly Amended on Jan. 7, 2009]
[Title Amended on May 23, 2012; Dec. 22, 2015]
 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 on Dec. 22, 2015]
 Article 11-3 (Designation 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 on 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 on Dec. 22, 2015]
 Article 11-4 (Establishment and Operation 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 on Dec. 2, 2016]
[Previous Article 11-4 moved to Article 11-5 <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 or she shall hold a hearing.
[This Article Newly Inserted on Dec. 22, 2015]
[Moved from Article 11-4; previous Article 11-5 moved to Article 11-6 <Dec. 2, 2016>]
 Article 11-6 (Management 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 on Dec. 22, 2015]
[Moved from Article 11-5 <Dec. 2, 2016>]
 Article 12 (Projects to Prevent Induced Abortion)
(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) 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 on Jan. 28, 2015; Feb. 18, 2020>
[This Article Wholly Amended on May 23, 2012]
 Article 13 Deleted. <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 or 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 or her intention due to any mental disability, his or 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 or her consent may be substituted by the consent by a person who is liable to support her or him.
[This Article Wholly Amended on 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 or she intends to modify important matters determined by Ordinance of the Ministry of Health and Welfare, among the already reported matters. <Amended on Jan. 18, 2010; 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 on Jan. 18, 2010>
[This Article Wholly Amended on 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 on Jan. 28, 2015; Dec. 22, 2015; 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 or 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 was sentenced to suspension of imprisonment with labor for a violation of this Act and is still within the suspension period.
6. A person in whose case one year has not passed since he or she received an order to close his or her postnatal care center (excluding where received the order to close his or her postnatal care center because he or she fell under any of subparagraphs 1 through 3) under Article 15-9;
7. A corporation, the representative of which falls under any of subparagraphs 1 through 6.
[This Article Wholly Amended on 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 or 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 or her successor;
2. Where a postnatal care business entity transfers his or 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 or she succeeds to such position, as determined by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 18, 2010; Jan. 28, 2015>
[This Article Wholly Amended on 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 women or nursing mothers and infants and young children, and to prevent harm thereto: <Amended on Jan. 18, 2010; Jan. 15, 2019>
1. To place a health record book to keep and control the record on the health condition of pregnant women or nursing mothers and infants and young children, as determined by Ordinance of the Ministry of Health and Welfare;
2. To take measures prescribed by Ordinance of the Ministry of Health and Welfare regarding the following, to prevent infection or diseases:
(a) Environmental control, including disinfection;
(b) Health control of pregnant women or nursing mothers and infants and young children;
(c) Hygiene control of employees and visitors;
3. To take necessary measures, including immediate transfer to a medical institution, when pregnant women or nursing mothers or infants and young children 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 verify the type of the infection or diseases notified by the relevant pregnant women or nursing mothers or protectors where any transfer is made as they have or are suspected to have infection or diseases under subparagraph 3, and to take necessary measures, including disinfection or isolation, to prevent the spread of such infection or diseases;
5. To give a report on the transfer and the details of measures taken under subparagraph 4, 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 on Jan. 7, 2009]
 Article 15-5 (Medical Examinations)
(1) Any of the following persons shall undergo a medical examination and be vaccinated (hereinafter referred to as "medical examination, etc."): Provided, That if he or she has undergone the same medical examination, etc. under other statutes, he or she may be deemed to have undergone the medical examination, etc. under this Act: <Amended on Dec. 22, 2015; Jan. 15, 2019>
1. A postnatal care business entity;
2. A person who intends to file a report on postnatal care business under Article 15 (1);
3. A person engaging in postnatal care business.
(2) A postnatal care business entity shall take measures to restrict working, such isolation, against any person who has failed to undergo a medical examination, etc. under paragraph (1) and any person who has or is suspected to have a disease likely to harm other people. <Amended on Dec. 22, 2015; Jan. 15, 2019>
(3) Where a person engaging in postnatal care business is diagnosed as a patient with an infectious disease under subparagraph 13 of Article 2 of the Infectious Disease Control and Prevention Act or a patient suspected of an infectious disease under subparagraph 14 of that Article in a medical institution under Article 3 of the Medical Service Act or a regional healthcare institution under subparagraph 1 of Article 2 of the Regional Public Health Act in relation to a disease under paragraph (2), he or she shall notify the relevant postnatal care business entity of such fact without delay. <Newly Inserted on Jan. 15, 2019>
(4) The scope of persons engaging in postnatal care business and methods of implementing medical examinations, etc. under paragraph (1), and the kind of diseases and the scope of persons under suspicion under paragraph (2) shall be prescribed by Presidential Decree, respectively. <Amended on Dec. 22, 2015 Jan. 15, 2019>
[This Article Wholly Amended on Jan. 7, 2009]
[Title Amended on Dec. 22, 2015]
 Article 15-6 (Education on Prevention of Infection)
(1) A postnatal care business entity and a person engaging in postnatal care business shall receive education on a regular basis on the prevention, etc. of infection, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 18, 2010; Dec. 22, 2015; Jan. 15, 2019>
(2) A person who intends to file a report on his or her postnatal care business under Article 15 (1) shall receive prior education under paragraph (1): Provided, That when he or 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 or she shall receive education after starting to operate his or her postnatal care business, as determined by Ordinance of the Ministry of Health and Welfare. <Amended on 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 postnatal care business entities and persons who intend to file an report on postnatal care business, has designated a manager in charge of the health control of pregnant women or nursing mothers and infants and young children (limited to medical personnel under Article 2 (1) of the Medical Service Act), he or she may require the manager to receive the relevant education. <Amended on Jan. 15, 2019>
(4) A postnatal care business entity shall have persons engaging in postnatal care business receive education under paragraph (1). <Newly Inserted on Jan. 15, 2019>
[This Article Wholly Amended on Jan. 7, 2009]
 Article 15-7 (Report, Visit, and Inspections)
(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 or 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 on 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 or 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 on Dec. 22, 2015>
[This Article Wholly Amended on 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 on Jan. 18, 2010; Jan. 28, 2015; Dec. 22, 2015; Jan. 15, 2019>
1. Where he or she fails to secure personnel or equipment under Article 15;
2. Where he or she allows a disqualified person to engage in his or her business, in violation of Article 15-2;
3. Where he or she fails to comply with the matters to be observed under subparagraphs 1 through 3 of Article 15-4;
4. Where he or she fails to take measures to restrict working, such as isolation, against a person who has failed to undergo a medical examination, etc. and a person who has or is suspected to have a disease likely to harm other people, in violation of Article 15-5 (2);
5. Where he or she fails to use the title "postnatal care center", in violation of Article 15-14 (1);
6. Where he or she fails to purchase liability insurance, in violation of Article 15-15 (2);
7. Where he or she fails to post or falsely posts the details of services, a user fee schedule, and a refund program for the cancellation of a contract before the expiry date, in violation of Article 15-16 (1).
[This Article Wholly Amended on Jan. 7, 2009]
 Article 15-9 (Closure of Postnatal Care Centers)
(1) 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 order the postnatal care business entity to suspend his or her postnatal care business for a prescribed period of up to six months, or to close down the postnatal care center: <Amended on Jan. 28, 2015; Jan. 15, 2019>
1. Where it fails to comply with a corrective order issued under Article 15-8;
2. Where it causes the death of a pregnant woman or nursing mother or infants and young children using a postnatal care center or inflicts serious harm prescribed by Ordinance of the Ministry of Health and Welfare on the body of such pregnant woman or nursing mother or infant;
3. Where it fails to take necessary measures, such as disinfection or isolation, under subparagraph 4 of Article 15-4.
(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 or her to close his or her postnatal care center: <Amended on Jan. 28, 2015>
1. Where he or she continues to operate his or 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 or 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 on 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 indispensable 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 on 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 on Jan. 18, 2010; Jan. 28, 2015>
[This Article Wholly Amended on 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 on 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 of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Jan. 28, 2015; Mar. 24, 2020>
[This Article Wholly Amended on 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 or her successor;
2. Where a postnatal care business entity transfers his or 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 or 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 on 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 on Jan. 28, 2015>
[This Article Wholly Amended on Jan. 7, 2009]
 Article 15-14 (Restriction of Use of Title)
(1) A postnatal care business entity shall use the term "postnatal care center" in the title of his or 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 on 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 or 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 on 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, its user fee schedule, and refund program for the cancellation of a contract before the expiry date at his or her postnatal care center and on the website thereof. <Amended on 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 on Jan. 28, 2015]
[Title Amended on Dec. 22, 2015]
 Article 15-17 (Establishment of Postnatal Care Centers by Local Governments)
(1) A Mayor/Do Governor or the head of a Si/Gun/Gu may establish and operate a center for postnatal care of pregnant women or nursing mothers (hereinafter referred to as "public postnatal care center"), taking into consideration the supply-demand situation thereof in his or her jurisdiction. <Amended on Dec. 12, 2017; Dec. 21, 2021>
(2) Matters necessary for the guidelines for establishment and operation of public postnatal care centers, such as preparation of infection and safety management measures, installation and operation of rooming-in care system, a burden on users, and priority use by vulnerable groups with low income shall be prescribed by Presidential Decree. <Amended on Dec. 12, 2017; Dec. 21, 2021>
[This Article Newly Inserted on Dec. 22, 2015]
 Article 15-18 (Support of Postnatal Caregivers)
(1) Where a pregnant woman or nursing mother 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 woman or nursing mother and helps postnatal care (hereinafter referred to as "postnatal caregiver") for the health management of the pregnant woman or nursing mother and her newborn baby.
(2) Matters necessary for the application methods and procedures for a postnatal caregiver service, criteria and methods for support, etc. shall be prescribed by Presidential Decree. <Amended on Dec. 21, 2021>
[This Article Newly Inserted on Dec. 22, 2015]
 Article 15-19 (Qualification of Postnatal Caregivers)
(1) A postnatal caregiver shall be a person who has completed the education course for prevention of child abuse under Article 26-2 (2) of the Child Welfare Act and the education courses publicly notified by the Minister of Health and Welfare, who belongs to a social service provider under subparagraph 4 of Article 2 of the Act on the Use of Social Services and the Management of Vouchers (hereinafter referred to as "social service provider").
(2) No person who falls under any of the following subparagraphs shall serve as a postnatal caregiver:
1. A minor, a person under adult guardianship, or a person under limited guardianship;
2. A mental patient prescribed in subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients: Provided, That this shall not apply to a person recognized by a mental health specialist as being capable of performing duties as a postnatal caregiver;
3. An addict to narcotics, marijuana, or psychotropic drugs;
4. A person in whose case three years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where the punishment is deemed to be completely executed) or exempted;
5. A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court;
6. A person in whose case 10 years have not passed since he or she was sentenced to punishment or medical treatment and custody, the execution of which was fully or partially completed, suspended, or exempted, for committing a crime referred to in Article 71 (1) of the Child Welfare Act, sex offenses referred to in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes, or sex offenses against children or juveniles defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses, in violation of Article 17 of the Child Welfare Act;
7. A person in whose case 20 years have not passed since his or her imprisonment without labor or heavier punishment declared by a court for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act was completely executed or exempted;
8. A person in whose case 20 years have not passed since the execution of his or her imprisonment without labor or heavier punishment declared by a court for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act was reprieved and the reprieve of execution became final;
9. A person in whose case 10 years have not passed since he or she was sentenced to the punishment of a fine for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act and such sentence became final.
(3) A social service provider to which postnatal care givers belong shall request an inquiry about criminal records of the postnatal care givers from the commissioner of a metropolitan police agency, the commissioner of a provincial police agency, or the chief of a police station having jurisdiction over the relevant location, pursuant to Article 6 of the Act on the Lapse of Criminal Sentences, with the consent of the relevant postnatal care givers, in order to verify whether they fall under the grounds for disqualification referred to in paragraph (2).
(4) Upon receipt of a request for inquiry about criminal records under paragraph (3), the commissioner of a metropolitan police agency, the commissioner of a provincial police agency, or the chief of a police station shall comply with such request in the absence of good cause.
[This Article Newly Inserted on Dec. 21, 2021]
[Previous Article 15-19 moved to Article 15-20 <Dec. 21, 2021>]
 Article 15-20 (Assessment of Postnatal Care Centers)
(1) The Minister of Health and Welfare may evaluate the levels of the facilities and services of the postnatal care centers and the professionalism, etc. of workers 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 relating to assessment under paragraph (1).
(3) The Minister of Health and Welfare may publish the assessment results of postnatal care centers under paragraph (1), as prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Matters necessary for conducting an assessment of postnatal care centers under paragraph (1), etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Dec. 22, 2015]
[Moved from Article 15-19; previous Article 15-20 moved to Article 15-21 <Dec. 21, 2021>]
 Article 15-21 (Fact-Finding Survey on Postnatal Care Service)
(1) The State and local governments shall conduct a fact-finding survey on postnatal care service every three years for the health and safety of pregnant or nursing mothers and newborn babies.
(2) If necessary to conduct a fact-finding survey under paragraph (1), the State and local governments may request the heads of the relevant central administrative agencies, the heads of local governments, the heads of public agencies under the Act on the Management of Public Institutions, and the heads of relevant institutions and corporations to provide cooperation, such as the submission of relevant data. In such cases, a person upon receipt of a request for cooperation, such as submitting data, shall comply with such request, unless there is a compelling reason not to do so. <Newly Inserted on Dec. 21, 2021>
(3) Matters necessary for details, methods, etc. of a fact-finding survey under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Dec. 21, 2021>
[This Article Newly Inserted on Dec. 22, 2015]
[Moved from Article 15-20; previous Article 15-21 moved to Article 15-22 <Dec. 21, 2021>]
 Article 15-22 (Provision of Rooming-In Care)
A postnatal care service provider shall endeavor to appropriately provide rooming-in care to enable nursing mothers and infants to stay together in the same place properly, in order to promote the emotional stability of nursing mothers and infants and to prevent any infection or diseases.
[This Article Newly Inserted on Jan. 15, 2019]
[Moved from Article 15-21 <Dec. 21, 2021>]
 Article 16 (Associations)
(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 legal entity.
(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 on Jan. 7, 2009]
 Article 17 Deleted. <Feb. 8, 1999>
 Article 18 Deleted. <Feb. 8, 1999>
 Article 19 Deleted. <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 on Jan. 7, 2009]
 Article 21 (Subsidization of Expenses)
(1) The State may grant subsidies to cover the following expenses within the budget: <Amended on Dec. 22, 2015; Dec. 2, 2016; Dec. 21, 2021>
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 and nursing rooms 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 on Dec. 2, 2016>
[This Article Wholly Amended on Jan. 7, 2009]
 Article 22 (Free Loan of State Property)
The State may gratuitously lend state-owned property to the Association, if deemed necessary.
[This Article Wholly Amended on Jan. 7, 2009]
 Article 23 (Disclosure of Offenses)
(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: <Amended on Jan. 15, 2019>
1. Where it is ordered to suspend the postnatal care business or to close the postnatal care center under Article 15-9 (1) 1 for violating a corrective order pursuant to subparagraph 3 or 4 of Article 15-8;
2. Where it is ordered to suspend postnatal care business or to close the postnatal care center under Article 15-9 (1) 2 and 3;
3. Where it is subject to a penalty surcharge in lieu of an order to suspend the postnatal care business prescribed in subparagraphs 1 and 2 under Article 15-11 (1);
4. Where it is sentenced to imprisonment with labor or a fine under Article 26 (2) or paragraph (3) 2 of that Article.
(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 or 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 on Mar. 13, 2018]
 Article 24 (Prohibition of Divulgence of Secrets)
Except as otherwise provided in this Act or other statutes or regulations, no person engaging in mother and child health services shall divulge or disclose any confidential information about a third person he or she has become aware of in the course of performing his or her duties. <Amended on Dec. 12, 2017>
[This Article Wholly Amended on Jan. 7, 2009]
 Article 25 (Delegation of Authority and Entrustment of Administrative Work)
(1) The Minister of Health and Welfare may delegate part of his or her authority under this Act to a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Jan. 18, 2010; Jan. 28, 2015; Dec. 22, 2015; 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 on Dec. 22, 2015>
[This Article Wholly Amended on Jan. 7, 2009]
[Title Amended on Dec. 22, 2015]
 Article 26 (Penalty Provisions)
(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
1. A person who operates postnatal care business without filing a report or modified report, in violation of Article 15 (1);
2. Deleted; <Jan. 15, 2019>
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) A person who fails to take necessary measures in violation of subparagraph 3 of Article 15-4 shall be punished by a fine not exceeding five million won. <Newly Inserted on Jan. 15, 2019>
(3) Any of the following persons shall be punished by a fine not exceeding three million won: <Amended on Jan. 15, 2019>
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 4 of Article 15-4.
[This Article Wholly Amended on Jan. 7, 2009]
 Article 26-2 (Joint Penalty Provisions)
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 26, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation.
[This Article Wholly Amended on 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 on Jan. 28, 2015; Dec. 22, 2015; Mar. 13, 2018; Jan. 15, 2019>
1. A person who violates subparagraph 1 or 2 of Article 15-4;
1-2. A person who fails to report the transfer to a medical institution and the details of measures without delay, in violation of subparagraph 5 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 fails to take measures to restrict working, such as isolation, against any person who has failed to undergo a medical examination, etc., in violation of paragraph (2) of the same Article;
2-2. A postnatal care business entity who fails to take measures to restrict working, such as isolation, against a person who has or is suspected to have a disease, in violation of Article 15-5 (2);
3. A person who fails to receive education on the prevention, etc. of infection, in violation of Article 15-6 (1) or (2);
3-2. A postnatal care business entity who fails to have persons engaging in postnatal care business receive education, in violation of 15-6 (4);
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 on Jan. 28, 2015; Dec. 22, 2015; Mar. 13, 2018; Jan. 15, 2019>
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 woman or nursing mother, stillbirth, or the death of a newborn baby, in violation of Article 8 (3);
2. A person who fails to notify a postnatal care business entity of the relevant fact without delay or falsely notifies such entity of such fact, in violation of Article 15-5 (3);
3. A postnatal care business entity who fails to file a report on the closure, suspension, or resumption of his or 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 on Jan. 18, 2010; Jan. 28, 2015; Mar. 13, 2018; Jan. 15, 2019>
1. Cases applicable under paragraphs (1) and (2) 1 through 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 on 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 on Jan. 7, 2009]
 Article 29 Deleted. <Jan. 7, 2009>
ADDENDA <Act No. 3824, May 10, 1986>
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 1/1/1995.
Article 2 Omitted.
ADDENDA Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on 1/1/1998. (Proviso Omitted.)
ADDENDA <Act No. 5859, Feb. 8, 1999>
(1) (Enforcement Date)This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(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 Decree 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 Article 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 (Relationships with Other Statutes or Regulations)
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 Decree shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11441, May 23, 2012>
This Decree 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 Article 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 Decree 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 Article shall enter into force six months after the date of its promulgation.
ADDENDUM Act No. 14323, Dec. 2, 2016>
This Article 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 Fact of Violation)
The amended provisions of Article 23 shall apply, beginning with the first offense committed after this Act enters into force.
ADDENDA <Act No. 16245, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Corrective Orders)
The amended provisions of subparagraphs 4 and 7 of Article 15-8, Article 15-9 (1) 2 and 3, and Article 23 shall begin to apply to violations committed on or after the date this Act enters into force.
Article 3 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
Any violation committed before this Act enters into force shall be governed by the previous provisions in applying penalty provisions or provisions regarding administrative fines.
ADDENDUM <Act No. 16370, Apr. 23, 2019>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17007, Feb. 18, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2021. <Proviso Omitted>
Article 2 (Preliminary Measures to Transfer Affairs)
(1) The head of a relevant central administrative agency shall formulate necessary measures to provide required personnel and financial resources necessary for a full-scale transfer of the central administrative authority and affairs under this Act and shall report said measures to a standing committee of the National Assembly not later than three months before the date of entry into force of this Act.
(2) The Committee on Autonomous Decentralization under Article 44 of the Special Act on Local Autonomy and Decentralization, and Restructuring of Local Administrative Systems may specialize in investigating and evaluating required personnel and financial resources under paragraph (1).
Article 3 (General Transitional Measures concerning Administrative Dispositions
Any disposition or other acts taken or conducted by an administrative agency under the previous provisions as at the time this Act enters into force shall be deemed a disposition or acts taken or conducted by an administrative agency under the provisions of this Act; and any application, report, or other acts filed with or conducted toward an administrative agency under the previous provisions shall be deemed an application, report, or acts filed with or conducted toward an administrative agency under the provisions of this Act.
Article 4 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 18612, Dec. 21, 2021>
Article 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 and 15-21 (2) and (3) shall enter into force on the date of the promulgation.
Article 2 (Transitional Measures concerning Qualifications of Postnatal Caregivers)
A person who was qualified as a postnatal caregiver pursuant to previous Article 15-18 as at the time this Act enters into force shall be deemed qualified as a postnatal caregiver, notwithstanding the amended provisions of Article 15-19 (1): Provided, That such person shall fulfill the requirements prescribed in the same amended provisions, within one year from the date this Act enters into force.