FRAMEWORK ACT ON LOW BIRTH RATE IN AN AGING SOCIETY
Act No. 7496, May 18, 2005
Amended by Act No. 8868, Feb. 29, 2008
Act No. 9932, Jan. 18, 2010
Act No. 11011, Aug. 4, 2011
Act No. 11444, May 23, 2012
Act No. 12449, Mar. 18, 2014
Act No. 18580, Dec. 14, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to strengthen the national competitiveness, improve the quality of life for citizens and contribute to the sustainable development of the State, by providing for matters concerning the basic direction of policies on low birth rates in an aging society, which cope with changes following low birth rates and the aging of the population, and systems for establishing or implementing such policies.
| Article 2 (Basic Principles) |
The basic principles of this Act lies in achieving the balance of demographics and improving the quality thereof for the sustainable development of the State, and ensuring that citizens lead a healthy and stable life in their old age.
The terms used in this Act are defined as follows:
| 1. | The term "aging of the population" means the growing proportion of senior citizens out of the total population; |
| 2. | The term "policies on low birth rates in an aging society" means policies established and implemented to cope with changes following low birth rates and the aging of the population. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State shall formulate and implement comprehensive policies on low birth rates in an aging society, and local governments shall formulate and implement policies on low birth rates in an aging society, which are suitable for regional socio-economic conditions, in accordance with the State's policies on low birth rates in an aging society. |
| (2) | The State and local governments shall, when they formulate major policies, such as mid- to long-term plans and yearly implementation plans under other Acts, take into account a basic plan on low birth rates in an aging society under Article 20. |
| Article 5 (Responsibilities of Citizens) |
| (1) | Citizens shall recognize the social importance of childbirth or childrearing and changes following the aging of the population, and actively take part and cooperate in policies on low birth rates in an aging society, which are implemented by the State and local governments. |
| (2) | Citizens shall strengthen mutual solidarity as the members of families and communities, and each citizen shall endeavor to lead a life in his/her old age in a healthy and faithful manner. |
| Article 6 (Relationship to Other Statutes) |
The State shall, when it enacts or revises other statutes related to policies on low birth rates in an aging society, ensure that such Acts are in accord with the purposes and basic principles of this Act.
CHAPTER II BASIC DIRECTION OF POLICIES ON LOW BIRTH RATES IN AN AGING SOCIETY
SECTION 1 Measures against Low Birth Rates
| Article 7 (Population Policies) |
The State and local governments shall analyze the structure and size of appropriate population and predict changes in the population, thereby formulating and implementing population policies for the sustainable growth and development of the State and local governments.
| Article 7-2 (Education on Population) |
The State and local governments shall promote education on population and take measures necessary therefor, in order to ensure that citizens can understand the significance of issues concerning low birth rates in an aging society and foster reasonable values for marriage, childbirth, and family life.
[This Article Newly Inserted on May 23, 2012]
| Article 8 (Childbirth and Childcare) |
| (1) | The State and local governments shall take measures to create a social environment which helps educate children and build the personality of children, where all children lead a safe and happy life without discrimination. |
| (2) | The State and local governments shall create and support a social environment to ensure that any person who intends to conceive, give birth to a baby, raise a child or provide an education to a child may concurrently lead a working and family life. |
| (3) | The State and local governments shall take measures to provide high-quality child care services to any person who intends to raise a child. |
| Article 9 (Improvement of Mother and Infant Health Care) |
| (1) | The State and local governments shall formulate and implement necessary measures to improve mother and infant health care and respect the life of a fetus, such as provide health examinations of pregnant women, fetuses and infants. |
| (2) | The State and local governments shall provide education on the social meanings of pregnancy, childbirth, and childrearing, the sanctity of life or the importance of cooperation of family members. |
| (3) | The State and local governments may establish an institution necessary for the provision of information on pregnancy, childbirth, and childrearing, education or public relations, or entrust such tasks to the relevant institutions. |
| Article 10 (Alleviation of Economic Burden) |
| (1) | The State and local governments shall take necessary measures to alleviate economic burden of pregnancy, childbirth, childrearing, and education. <Amended on May 23, 2012> |
| (2) | The State and local governments may conduct statistical surveys on expenses incurred in relation to pregnancy, childbirth, childrearing, and education in order to take measures and provide support under paragraph (1). <Newly Inserted on May 23, 2012> |
| (3) | The State and local governments may provide a newly born child with First Meeting Voucher worth of two million won (hereinafter referred to as "voucher") to alleviate the economic burden of childrearing. <Newly Inserted on Dec. 14, 2021> |
| (4) | Notwithstanding paragraph (3), the voucher may be paid as money through a bank account in the name of a newly born child, which is opened under the asset formation support programs referred to in Article 42 of the Child Welfare Act, in cases prescribed by the Minister of Health and Welfare, such as where an eligible child is being protected in a child rearing facility under Article 52 (1) 1 of that Act or in a communal home under subparagraph 4 of that paragraph. <Newly Inserted on Dec. 14, 2021> |
| (5) | A custodian (referring to a person with parental authority, a guardian, or any other person who actually protects and rears a child) or the agent of a custodian prescribed by the Minister of Health and Welfare who intends to receive a voucher may file an application for provision of a voucher with the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the domicile of the resident registration of the newly born child. <Newly Inserted on Dec. 14, 2021> |
| (6) | Matters necessary for persons eligible for vouchers, and methods, timing, and procedures for provision of vouchers under paragraphs (3) and (4) shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 14, 2021> |
SECTION 2 Policies on Aging Society
| Article 11 (Employment and Guarantee of Income) |
| (1) | The State and local governments shall create an environment where senior citizens with a desire to work and an ability can work with maximum extent. |
| (2) | The State and local governments shall take necessary measures to ensure that citizens can lead an economically stable life in their old age, such as the establishment of an old-age income security system, including the pensions system, and the creation of jobs suitable for senior citizens. |
| Article 12 (Enhancement of Health and Provision of Medical Services) |
| (1) | The State and local governments shall take policy measures to improve the health of citizens, by taking into account the health conditions and major health risks factors by sex and age. <Amended on Mar. 18, 2014> |
| (2) | The State and local governments shall endeavor to establish and develop the medical services and senior care system for senior citizens and expand necessary facilities and human resources. |
| Article 13 (Living Environment and Security) |
The State and local governments shall take necessary measures to create a pleasant living environment for senior citizens and protect senior citizens from various dangers, such as disasters and crime, which include building housing facilities and other facilities equipped with functions and equipment necessary for life in the old age and creating an environment where senior citizens can move in a safe and convenient manner.
| Article 14 (Encouragement of Leisure, Culture and Social Activities) |
| (1) | The State and local governments shall encourage leisure and cultural activities in old age and lay the groundwork therefor. |
| (2) | The State and local governments shall lay the social groundwork to promote the participation of senior citizens in social activities, such as volunteer work. |
| Article 15 (Lifelong Education and Informatization) |
| (1) | The State and local governments shall provide educational opportunities to citizens to ensure that all generations can learn throughout their lifetime and receive an education, depending on their abilities and aptitudes, and take necessary measures, such as the establishment of educational facilities, the fosterage of human resources and the development of educational programs in order for such objectives. |
| (2) | The State and local governments shall take necessary measures to narrow the information divide between generations, such as informatization education, the development of programs and the distribution of equipment. |
| Article 15-2 (Planning for Old Age) |
The State and local governments shall take measures necessary for providing citizens with appropriate advice and education in each sector, such as finance, health, leisure, and social participation in order to ensure that they can plan to lead a happy and active life in their old age.
[This Article Newly Inserted on May 23, 2012]
| Article 16 (Senior Citizens in Vulnerable Social Groups) |
The State and local governments shall, when they formulate and implement policies on low birth rates in an aging society, give careful consideration to senior citizens in a disadvantaged class, such as female senior citizens or physically handicapped senior citizens, and reflect special circumstances of each region, such as the urban-rural divide, in policies.
| Article 17 (Family Relations and Improvement of Intergenerational Understanding) |
The State and local governments shall endeavor to ensure that senior citizens are respected at home and in society by encouraging filial piety, and create a social environment necessary for building democratic and equitable family relations by activating exchanges between generations and promoting understanding between generations.
| Article 18 (Economy and Industry) |
The State and local governments shall formulate and implement policies responding to changes in economic and industrial structures or the labor environment following the aging of the population.
| Article 19 (Fostering of Age-Friendly Industries) |
| (1) | The State and local governments shall lay the groundwork for fostering new industries, in preparation for changes in demand for products and services, following the aging of the population. |
| (2) | The State and local governments shall take necessary measures to activate the research, development, production and distribution of tools or goods necessary for senior citizens. |
CHAPTER III FORMULATION AND IMPLEMENTION SYSTEM OF POLICIES ON LOW BIRTH RATES IN AGING SOCIETY
| Article 20 (Basic Plans on Low Birth Rates in Aging Society) |
| (1) | The State shall establish the objective and direction of mid-to long-term policies on low birth rates in an aging society, and formulate and implement basic plans (hereinafter referred to as "basic plans") on low birth rates in an aging society, on the basis of such objective and direction. |
| (2) | The Minister of Health and Welfare shall draw up a basic plan every five years, in consultation with the heads of the relevant central administrative agencies, obtain approval from the President after deliberations by the Committee on Aging Society and Population Policy and the State Council under Article 23, and finalize such plan. The same shall apply to cases where basic plans are revised. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (3) | Basic plans shall include the following matters: |
| 1. | Basic objective and direction of policies on low birth rates in an aging society; |
| 2. | Major tasks to be implemented for each period and methods of implementing such tasks; |
| 3. | Scale of necessary financial resources and methods of procuring such resources; |
| 4. | Other matters deemed necessary as policies on low birth rates in an aging society. |
| (4) | Deleted. <Oct. 29, 2008> |
| (5) | Necessary matters concerning procedures for formulating basic plans shall be prescribed by Presidential Decree. |
| Article 21 (Yearly Implementation Plans) |
| (1) | The heads of central administrative agencies shall formulate and execute yearly implementation plans (hereinafter referred to as "implementation plans") by jurisdiction, according to basic plans, and the heads of local governments shall formulate and execute implementation plans of the relevant local governments, according to basic plans and implementation plans of central administrative agencies. |
| (2) | When an implementation plan of a local government violates a basic plan or implementation plan of a central administrative agency, the head of a central administrative agency may request the head of a relevant local government to correct such violations, and check the actual status of execution of implementation plans formulated by local governments, in accordance with basic plans. |
| (3) | The heads of the relevant central administrative agencies and the heads of local governments shall submit implementation plans for the following year under paragraph (1) and the outcomes of implementation for the previous year to the Minister of Health and Welfare. as prescribed by Presidential Decree, and the Minister of Health and Welfare shall integrate such data and undergo deliberations by the Committee on Aging Society and Population Policy under Article 23. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (4) | The State and local governments shall evaluate the performance records of annual implementation plans and reflect the evaluation results in the policies on low birth rates in an aging society. In such cases, the State and local governments may conduct an in-depth evaluation of projects that have significant impacts on coping with the low birth rate in an aging society. <Amended on Dec. 14, 2021> |
| (5) | The formulation, execution and evaluation of implementation plans and other necessary matters shall be prescribed by Presidential Decree. |
| Article 22 (Cooperation in Tasks) |
| (1) | The State and local governments may listen to opinions of the relevant public officials or the relevant experts, or make a request for cooperation from the relevant institutions or organizations to submit necessary materials, etc., in order to formulate and execute basic plans and implementation plans. |
| (2) | The Minister of Health and Welfare may request necessary cooperation from the heads of the relevant central administrative agencies or local governments to submit plans or policies related to low birth rates in an aging society, the relevant materials or opinions, etc., in order to draw up basic plans. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (3) | Anyone who has received a request for cooperation under paragraphs (1) and (2) shall comply with such request, unless any extraordinary ground exists to the contrary. |
| Article 23 (Committee on Low Birth Rates and Aging Society) |
| (1) | The Committee on Low Birth Rates and Aging Society (hereinafter referred to as the "Committee") shall be established under the President to deliberate on important issues concerning policies on low birth rates in an aging society. <Amended on Jan. 18, 2010; May 23, 2012> |
| (2) | The Committee shall deliberate on the following: <Amended on Jan. 23, 2012> |
| 1. | Matters concerning the analysis of mid- to long-term demographics and the outlook for socio-economic changes, in preparation for low birth rates and the aging of the population; |
| 2. | Matters concerning the objectives of mid- to long-term policies on low birth rates in an aging society and the direction for implementation thereof; |
| 3. | Matters concerning master plans; |
| 4. | Matters concerning implementation plans; |
| 5. | Matters concerning the adjustment and evaluation of policies on low birth rates in an aging society; |
| 6. | Other important matters necessary for policies on low birth rates in an aging society, which are submitted by the administrative secretaries under paragraph (5). |
| (3) | The Committee shall be comprised of not more than 25 members, including a Chairperson. |
| (4) | The Chairperson shall be the President, and members shall be the following persons: <Amended on Jan. 18, 2010; May 23, 2012> |
| 1. | Heads of the relevant central administrative agencies determined by Presidential Decree; |
| 2. | Persons appointed by the Chairperson, from among persons with abundant knowledge and experience in the population aging and low birth rates. |
| (5) | The Committee shall have two administrative secretaries who are appointed by the President from among the Minister of Health and Welfare and the members under paragraph (4) 2. <Newly Inserted on May 23, 2012> |
| (6) | Matters necessary for the organization and operation of the Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Feb. 29, 2008]
| Article 24 Deleted. <Feb. 29, 2008> |
| Article 25 Deleted. <Feb. 29, 2008> |
| Article 26 (Cooperation of Relevant Administrative Agencies) |
The Committee may request the relevant administrative agencies to submit data, when necessary for deliberation on policies on low birth rates in an aging society. In such cases, the heads of the relevant administrative agencies shall comply with such requests, unless any extraordinary ground exists to the contrary.
| Article 27 (Reporting to National Assembly) |
The Government shall finalize basic plans or implementation plans and the evaluation of such plans, and report such plans and evaluation to the National Assembly, without delay.
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 28 (Fostering Specialized Human Resources) |
| (1) | The State and local governments shall foster specialized human resources in areas necessary for coping with changes following low birth rates and the aging of the population. |
| (2) | The State and local governments may designate research institutes, colleges and other institutions which are deemed to be necessary, as institutions for fostering specialized human resources, in an effort to foster specialized human resources under paragraph (1), and provide necessary support to the relevant institutions for fostering specialized human resources. |
| Article 29 (Surveys and Research) |
| (1) | The State and local governments shall conduct surveys and research necessary for coping with changes following low birth rates and the aging of the population. |
| (2) | The State and local governments may establish an institution for surveys and research, or entrust surveys and research to research institutes, colleges and other necessary institutions, so as to conduct a survey and research under paragraph (1). |
| Article 30 (Participation of Private Sector) |
The State and local governments shall create an environment where the private sector can take part in policies on low birth rates in an aging society.
| Article 30-2 (Population Day) |
| (1) | The eleventh day of July every year shall be proclaimed as Population Day, in order to raise people's understanding and attention on political, economic, and social repercussions incurred from the disparity of population structures, and to entice the participation from the private sector in responding to low birth rates and the aging society. |
| (2) | The State and local governments shall endeavor to hold events and conduct projects for education and publicity suitable for the significance of Population Day. |
[This Article Newly Inserted by Aug. 4, 2011]
| Article 31 (Activation of International Exchanges) |
The State and local governments shall take part in international organizations or international conferences concerning low birth rates and the aging of the population, and activate international exchanges by promoting projects for international cooperation, such as the exchanges of information or joint survey and research.
| (1) | The State and local governments shall provide necessary support, such as reduction or exemption of taxes pursuant to the relevant statutes, so as to implement policies on low birth rates in an aging society under this Act. <Amended on Dec. 14, 2021> |
| (2) | The State and local governments may provide the institutions or organizations that conduct education, public relations activities, etc. relating to policies on low birth rates in an aging society, with support necessary to perform their duties. <Newly Inserted on Dec. 14, 2021> |
ADDENDA <Act No. 7496, May 18, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2005.
Article 2 (Examples Applicable to Basic Plans)
Basic plans and implementation plans shall begin to apply to plans in 2006.
Article 3 (Preparations for Enforcement of this Act)
| (1) | The Minister of Health and Welfare may make arrangement for formulating and implementing polices on low birth rates in an aging society, such as the establishment of the Committee or the formulation of basic plans under Article 23, before this Act enters into force. In such cases, he/she may request cooperation from the heads of the relevant central administrative agencies, the heads of local governments, other public institutions or the relevant experts. |
| (2) | The heads of central administrative agencies and the heads of local governments may make arrangement for formulating and executing implementation plans, before this Act enters into force. In such cases, they may make a request for cooperation to the relevant public officials, the relevant experts and other relevant institutions or organizations. |
ADDENDA <Act No. 8868, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Tasks of Committee on Aging Society and Population Policy)
Tasks of the previous Presidential Committee on Aging Society and Population Policy, at the time this Act enters into force, shall be assumed by the Committee on Aging Society and Population Policy under the revised provisions of Article 23.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11011, Aug. 4, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11444, May 23, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12449, Mar. 18, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 18580, Dec. 14, 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 Article 10 shall enter into force on April 1, 2022. Article 2 (Preparations for Enforcement of the Act)
| (1) | The State and local governments may receive applications for vouchers with respect to newly born children who are eligible for the provision of a voucher under the amended provisions of Article 10 (3) and (4) before this Act enters into force, starting from January 1, 2022 pursuant to the amended provisions of Article 10 (5). |
| (2) | Methods, procedures, etc. for filing an application for vouchers under paragraph (1) and deciding the provision of vouchers may be separately determined by the Minister of Health and Welfare. |
Article 3 (Applicability to Provision of Voucher)
The vouchers under the amended provisions of Article 10 (3) and (4) shall be provided, beginning with the children born on and after January 1, 2022.