Act No. 19555, Jul. 18, 2023
Article 1 (Purpose) |
Article 2 (Definitions) |
1. | The term "child" means a child defined in subparagraph 1 of Article 3 of the Child Welfare Act; |
2. | The term "child subject to protection" means a child subject to protection defined in subparagraph 4 of Article 3 of the Child Welfare Act; |
3. | The term "adopted child" means a child adopted under this Act; |
4. | The term "domestic adoption" means an adoption for which both a prospective adoptive parent and a child have their habitual residence in the Republic of Korea, and the child’s habitual residence do not move to another country as a result of the adoption; |
5. | The term "establishment of relationship" means connecting and designating a prospective adoptive parent to a child to be adopted in order to establish the relationship of adoptive parents; |
6. | The term "decision of temporary rearing" means a decision made by the Family Court that allows persons intending to be adoptive parents to temporarily rear the child to be adopted before it decides on whether to grant permission for adoption under Article 21; |
7. | The term "law of nationality" means the law of nationality prescribed in Article 16 of the Act on Private International Law of a prospective adoptive parent or a child to be adopted; |
8. | The term "National Center for the Rights of the Child" means the National Center for the Rights of the Child prescribed in Article 10-2 of the Child Welfare Act; |
9. | The term "integrated child information system" means an integrated child information system prescribed in Article 15-2 of the Child Welfare Act; |
10. | The term "information on adoption" means records on the progress of the adoption procedures under this Act and duties incidental thereto (including documents, other related documents or objects, photographs, video recordings, electronic records, and other special media records) and information prepared and managed in electronic form using an integrated child information system to proceed with such procedures. |
Article 3 (Principle of Adoption) |
(1) | Every child shall be raised healthily in the home in which the child is born. |
(2) | Adoption under this Act shall be conducted in a way that the interests of children are a matter of the highest priority. |
Article 4 (Guarantee of Hearing Opinions of Children) |
Article 5 (Principles of Non-Profit Management) |
(1) | With respect to adoption, no institution or individual shall acquire any unlawful financial benefits, etc. from adoption under this Act. |
(2) | The State and local governments shall endeavor to ensure that any adoption-related institution or individual does not acquire unlawful financial benefits, etc. from adoption under this Act. |
(3) | No one shall request, recommend, encourage, or publicize the domestic adoption of children subject to protection between private individuals, other than the adoption in compliance with the requirements, procedures, etc. prescribed in this Act. |
Article 6 (Responsibilities of the State) |
(1) | The State and local governments shall provide support to ensure that a child can be raised healthily in the home in which the child is born, and shall take measures and provide support necessary to give a child who cannot be brought up by their birth family with another permanent home in which the child can grow healthily. |
(2) | If the State and local governments cannot give a child with a permanent home pursuant to paragraph (1), they shall endeavor to ensure that the child can be raised in an environment similar thereto. |
(3) | Every citizen shall cooperate so that adopted children can grow healthily, and shall not discriminate against the adopted children. |
(4) | For the purpose of promoting the rights and interests and the welfare of adopted children by creating a healthy adoption culture, promoting the domestic adoption of children subject to protection, and , addressing social prejudice and discrimination against the adoptive families to help the children smoothly adapt to the family life after adoption, the State and local governments shall perform the following activities: |
1. | Formulation and implementation of adoption policies; |
2. | Fact-finding surveys and research on adoption; |
3. | Establishment and operation of the procedures for adoption and post management; |
4. | Support for adopted children and adoptive family; |
5. | Provision of counseling and welfare services for the mutual adaptation of adoptive children and families after adoption; |
6. | Formulation and implementation of policies to address social prejudice and discrimination against adoptive children and families; |
7. | Education and publicity for adoption; |
8. | Other necessary matters prescribed by Ordinance of the Ministry of Health and Welfare. |
(5) | The State shall endeavor to gradually reduce overseas adoptions to fulfill the duty of protection of, responsibilities for, children. |
(6) | The State and local governments shall devise measures necessary to arrange a meeting between adopted children and their birth families in accordance with the principle of mutual consent and the principle of personal information protection the parties. |
Article 7 (Prioritization of Domestic Adoption) |
(1) | The State and local governments shall prioritize the policies to find persons who can be prospective adoptive parents in the Republic of Korea.. |
(2) | If the Minister of Health and Welfare fails to find the right persons who can be prospective adoptive parents suitable for a child to be adopted in the Republic of Korea, despite the measures for domestic adoption under paragraph (1), he or she may promote international adoption under the International Adoption Act. |
Article 8 (Adoption Day) |
(1) | May 11 shall be designated as Adoption Day and one week after Adoption Day as Adoption Week, respectively, in order to create a healthy adoption culture and to improve the awareness of domestic adoption. |
(2) | The State and local governments shall endeavor to implement projects, such as events compatible with the meaning of Adoption Day under paragraph (1). |
Article 9 (Relationship to the Civil Act) |
Article 10 (Formulation and Implementation of Master Plans to Promote Domestic Adoption) |
(1) | For the purpose of promoting domestic adoption of children subject to protection, the Minister of Health and Welfare shall formulate and implement a master plan to promote domestic adoption (hereinafter referred to as "master plan") every five years based on the results of a fact-finding survey on adoptions. |
(2) | A master plan shall include the following: |
1. | Basic objectives and direction-setting of the policies for promoting domestic adoption; |
2. | Analysis and evaluation of previous master plans; |
3. | Major tasks and methods of implementing the tasks to promote domestic adoption and enhance home-type protection; |
4. | Major policies for improving the social awareness of adoption and addressing prejudice against adoptive children and families; |
5. | Scale of financial resources required to promote domestic adoption and a plan for financing; |
6. | Other matters prescribed by Presidential Decree for formulating and implementing the master plan. |
(3) | The Minister of Health and Welfare shall finalize a master plan formulated under paragraph (1) through deliberation and resolution by the adoption policy committee referred to in Article 12. In such cases, the Minister of Health and Welfare shall inform the head of the relevant central administrative agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a |
(4) | Other matters necessary for formulation, implementation, evaluation, etc. of the master plan shall be prescribed by Presidential Decree. |
Article 11 (Formulation and Implementation of Action Plans to Promote Domestic Adoption) |
(1) | The Minister of Health and Welfare shall formulate and implement an action plan to promote domestic adoption (hereinafter referred to as "action plan") every year in order to implement the master plan, in consultation with the head of the relevant central administrative agency, the Mayor/ |
(2) | Other matters necessary for the formulation, implementation, etc. of action plans shall be prescribed by Presidential Decree. |
Article 12 (Adoption Policy Committee) |
(1) | The adoption policy committee (hereinafter referred to as "committee") shall be established as a special committee of the Child Policy Coordinating Committee under Article 10 (4) of the Child Welfare Act to deliberate and resolve on major matters regarding the policies for promoting domestic adoption. |
(2) | The committee shall deliberate and resolve on the following matters: |
1. | Matters regarding the formulation and evaluation of the master plan under Article 10; |
2. | Matters regarding the formulation and evaluation of the action plans under Article 11; |
3. | Selection of the criteria for and curricula of educational courses provided to prospective adoptive parents pursuant to Article 18 (3); |
4. | Matters regarding the adoption procedures and system improvement; |
5. | Matters regarding the establishment of relationship under Article 20; |
6. | Matters regarding the decision on children subject to international adoption and the establishment of relationship under the International Adoption Act; |
7. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare for the promotion, etc. of domestic adoption. |
(3) | The committee shall be composed of up to 50 members, including the chairperson, and the Minister of Health and Welfare shall serve as the chairperson: |
(4) | The committee members shall be appointed or commissioned by the Minister of Health and Welfare, from among experts in the academic circles, including child welfare science, medical and legal experts, persons recommended by the Minister of the National Court Administration, and persons with extensive knowledge and experience in adoption policies and practices. |
(5) | The committee may require the employees of a relevant administrative agency to attend a committee meeting, provide explanations, and submit data. |
(6) | The committee may have subcommittees to efficiently deliberate and resolve on the matters under paragraph (2) 5 and 6, and matters deliberated and resolved on by a subcommittee shall be deemed deliberated and resolved on by the committee. |
(7) | The secretariat shall be established in the National Center for the Rights of the Child to support the business affairs of the committee. |
(8) | Except as provided in paragraphs (1) through (7), matters necessary for the composition, operation, etc. of the committee and subcommittees shall be prescribed by Presidential Decree. |
Article 13 (Decision on and Protection of Children to Be Adopted) |
(1) | A child to be adopted under this Act shall be a child subject to protection, for whom the Mayor/ |
(2) | Before making a decision under paragraph (1), the Mayor/ |
(3) | Where it is difficult for a protector defined in subparagraph 3 of Article 3 of the Child Welfare Act to directly protect and rear a child referred to in paragraph (1) before permission for adoption is granted under Article 21 (1) or a decision of temporary rearing is made under Article 22 (1), the State and local governments may entrust the protection of relevant child to child rearing facilities, temporary protection facilities for children, or communal homes under Article 52 (1) 1, 2, and 4 of the Child Welfare Act or home and others meeting the standards prescribed by Ordinance of the Ministry of Health and Welfare. |
(4) | The State and local governments shall regularly inspect the status of child rearing for a child to be adopted, and provide necessary welfare services and prepare an inspection report on the status of child rearing, during the period from the date of the decision under paragraph (1) until permission for adoption under Article 21 (1) is granted, as prescribed by Ordinance of the Ministry of Health and Welfare. |
(5) | In the protection of children under paragraph (3), the home-type protection shall be considered preferentially. |
Article 14 (Guardian of Child to Be Adopted) |
(1) | As for a child to be adopted under Article 13 (1) and protected under paragraph (3) of that Article, the Mayor/ |
(2) | In cases specified in paragraph (1), the person with parental authority shall no longer exercise parental authority over a child to be adopted: |
(3) | Where the parental authority is suspended under the main clause of paragraph (2), the guardian of the child shall, upon receiving an application from the birth parents, notify the birth parents of the progress of the adoption procedures and the status of the health and welfare of the child, until the Family Court renders a decision on permission for adoption: |
(4) | Matters necessary for the procedures for application, methods of notification, etc. under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
Article 15 (Expression of Intention of Adoption) |
(1) | A child to be adopted shall accept adoption according to the following classification: |
1. | Where a child to be adopted is at least the age of 13 (the same shall apply where the child reaches the age of 13 before the Family Court renders a decision on permission for adoption after a request for permission for adoption is filed), the adoption shall be accepted with the consent of his or her legal representative; |
2. | Where a child to be adopted is under the age of 13, his or her legal representative shall accept the adoption on behalf of the child. |
(2) | In any of the following cases, the Family Court may grant permission for adoption under Article 21 (1) even without a consent under paragraph (1) 1 or an acceptance under paragraph (1) 2: |
1. | Where the legal representative refuses to give a consent or acceptance without good cause: |
2. | Where the consent or permission cannot be obtained due to the unknown whereabouts of the legal representative or by any other cause. |
(3) | In cases specified in paragraph (2) 1, the Family Court shall interrogate the legal representative. |
(4) | The consent under paragraph (1) 1 or acceptance under paragraph (1) 2 may be withdrawn before the permission for adoption is granted under Article 21 (1). |
(5) | Consent to and acceptance of adoption under paragraph (1) and withdrawal thereof under paragraph (4) shall be made in writing, as prescribed by Ordinance of the Ministry of Health and Welfare. |
Article 16 (Consent to Adoption from Birth Parents) |
(1) | A child to be adopted shall obtain a consent from his or her birth parents: |
1. | Where the birth parents give consent under Article 15 (1) 1 or acceptance under subparagraph 2 of that paragraph; |
2. | Where the birth parents have been declared to lose parental authority; |
3. | Where the consent cannot be obtained due to the unknown whereabouts of the birth parents or by any other cause. |
(2) | Even if the birth parents refuse to give their consent, the Family Court may grant permission for adoption under Article 21 (1) where any of the following causes arises. In such cases, the Family Court shall interrogate the birth parents: |
1. | Where the birth parents have failed to fulfill the obligation to raise the child or to exercise the visitation right for at least three years due to a cause attributable to themselves; |
2. | Where the birth parents have abused or deserted the child or otherwise have severely impaired the welfare of the child. |
(3) | Consent under paragraph (1) may be withdrawn before the permission for adoption is granted under Article 21 (1). |
(4) | Consent to adoption under paragraph (1) and withdrawal under paragraph (3) shall be made in writing, as prescribed by Ordinance of the Ministry of Health and Welfare. |
Article 17 (Requirements for Consent to and Acceptance of Adoption) |
(1) | Acceptance of adoption under Article 15 (1) 2 and consent to adoption under Article 16 (1) shall be granted after seven days from the date of birth of the relevant child. |
(2) | Consent to and acceptance of adoption under Article 15 (1) and consent to adoption under Article 16 (1) shall be decided and expressed by free will, and any money, gains on property, or any other benefit in return shall not be given or received, or shall not be promised to be given or received, in return for the consent to and acceptance of adoption. |
(3) | The Mayor/ |
(4) | Before the consent to adoption is obtained under Article 16 (1), the Mayor/ |
(5) | The Mayor/ |
Article 18 (Eligibility for Adoptive Parents) |
(1) | A prospective adoptive parent under this Act shall meet all of the following requirements: |
1. | The person shall be able to provide an adopted child with the economically and emotionally stable environment of child rearing; |
2. | The person shall be able to recognize the adopted child's freedom of religion and to raise and educate the child as a member of society; |
3. | The person shall have no criminal record prescribed by Presidential Decree, such as child abuse, domestic violence, sexual violence, or narcotics-related crimes; |
4. | The person shall not have any serious health reasons, such as alcohol or drug addiction; |
5. | The person shall meet other requirements prescribed by Ordinance of the Ministry of Health and Welfare for the welfare of persons to be adopted. |
(2) | A prospective adoptive parent under this Act shall lead the child to be adopted not to engage in an occupation contrary to the child's welfare or any other occupation which might infringe upon human rights. |
(3) | A prospective adoptive parent under this Act shall complete a prescribed educational course, as prescribed by Ordinance of the Ministry of Health and Welfare. |
Article 19 (Application for Adoption) |
(1) | A prospective adoptive parent under this Act shall file an application with the Minister of Health and Welfare, as prescribed by Ordinance of the Ministry of Health and Welfare. |
(2) | Upon receipt of an application under paragraph (1), the Minister of Health and Welfare shall provide consultations and conduct surveys on the family backgrounds, etc. as prescribed by Ordinance of the Ministry of Health and Welfare and prepare a report thereon, and may request the relevant person to submit necessary data to verify whether the prospective adoptive parent meets the eligibility under Article 18. |
(3) | A prospective adoptive parent shall conscientiously cooperate in consultation services, surveys on the family backgrounds, requests for submission of data, etc. under paragraph (2), and shall not falsify, conceal, or exaggerate the fact nor submit false documents. |
Article 20 (Establishment of Relationship) |
(1) | The Minister of Health and Welfare shall establish a relationship between prospective adoptive parents and child through deliberation and resolution by the committee. In such cases, the comprehensive consideration shall be given to the principles of adoption under Article 3, the principles of prioritizing domestic adoption under Article 7, the background and status of child rearing of the prospective adoptive parents, the backgrounds and special needs of the child to be adopted, etc. |
(2) | After a relationship is established, the Minister of Health and Welfare shall issue a prospective adoptive parent , with a certificate of establishment of relationship, stating the name, date of birth, etc. of the prospective adoptive parent and child, as prescribed by Ordinance of the Ministry of Health and Welfare. |
Article 21 (Permission for Adoption by Family Court) |
(1) | Where a prospective adoptive parent intends to adopt a child , he or she shall prepare the following documents and obtain permission for adoption from the Family Court having jurisdiction over the place of domicile of the child to be adopted: |
1. | A document evidencing birth registration of the child to be adopted; |
2. | A document of decision on adoption of a child under Article 13; |
3. | A document verifying the intent, such as consent to and acceptance of adoption under Articles 15 and 16; |
4. | A certificate of establishment of relationship under Article 20 (2) of the Act; |
5. | Other documents prescribed by the Supreme Court Regulations for the welfare of the child. |
(2) | If necessary for examining whether to grant permission for adoption under paragraph (1), the Family Court may request the relevant institutions or organizations to submit relevant documents. In such cases, the institutions or organizations requested to submit documents shall comply with such request, unless there is good cause. |
(3) | The Family Court shall decide on the permission for adoption within six months from the date of request for permission for adoption for the welfare of a child to be adopted, unless there is a compelling reason not to do so. |
(4) | If it is deemed necessary in rendering a decision on the permission for adoption under paragraph (1), the Family Court may order a family court investigator to investigate the motive for adoption, parenting competency, the rearing environment, etc. |
(5) | The Family Court need not grant permission for adoption under paragraph (1) in consideration of the motive for adoption, parenting competency, and other circumstances of prospective adoptive parents for the welfare of a child to be adopted. |
(6) | Except as provided in paragraphs (1) trough (5), matters necessary for the procedures for requesting permission for adoption, court hearing, permission, etc. shall be prescribed by the Supreme Court Regulations. |
Article 22 (Decision of Temporary Rearing) |
(1) | Where a request is filed for permission for adoption under Article 21 (1), the Family Court may make a decision of temporary rearing, |
(2) | If deemed necessary when making a decision of temporary rearing under paragraph (1), the Family Court may order a family court investigator to investigate the motive for adoption, parenting competency, the environment of child rearing, etc. |
(3) | Where a decision of temporary rearing is made, a prospective adoptive parent shall become a temporary guardian of a child to be adopted. In such cases, a person with parental authority shall no longer exercise parental authority over a child to be adopted. |
(4) | An immediate complaint may be filed against a decision to dismiss an application for decision of temporary rearing under paragraph (1). |
(5) | When the Family Court makes a decision of temporary rearing under paragraph (1), it may take dispositions deemed appropriate for rearing the child to be adopted. |
(6) | Except as provided in paragraphs (1) through (5), matters necessary for the procedures for applying for a decision of temporary rearing, court hearing and ruling, and dispositions, etc. required for temporary child rearing shall be prescribed by the Supreme Court Regulations. |
Article 23 (Revocation of Decision of Temporary Rearing) |
(1) | Where any of the following grounds exists, the Family Court may revoke a decision of temporary rearing, |
1. | Where a prospective adoptive parent is not suitable to rear a child to be adopted, such as any problem in the rearing attitude; |
2. | Where the legal representative expresses his or her intention to withdraw the consent to or acceptance of adoption under Article 15 (4); |
3. | Where the birth parents express their intention to withdraw the consent to adoption under Article 16 (3); |
4. | Where a prospective adoptive parent has any circumstances that make it difficult to continue to rear a child to be adopted. |
(2) | An immediate complaint may be filed against a decision to dismiss a request for revocation of a decision of temporary rearing under paragraph (1). |
(3) | Where a court ruling to revoke a decision of temporary rearing is made on the grounds prescribed in paragraph (1) 2 or 3, the legal representative at the time of deciding the relevant child as a child to be adopted pursuant to Article 13 (1) shall be the legal representative of the relevant child. |
(4) | Where a court ruling to revoke a decision of temporary rearing is made on the grounds prescribed in paragraph (1) 1 or 4, the head of a |
Article 24 (Notification of Decision of Temporary Rearing) |
(1) | Where the Family Court makes a ruling of temporary rearing, it shall notify the head of a |
(2) | Paragraph (1) shall also apply where a ruling of temporary rearing is revoked or a request for permission for adoption is dismissed with regard to a child for whom a decision of temporary rearing is made. In such cases, the head of a |
(3) | Where a decision of temporary rearing of a child to be adopted is revoked or a request for permission for adoption is dismissed, the prospective adoptive parent who is temporarily rearing the relevant child according to the decision of temporary rearing shall transfer the child without delay to a person designated by the head of a |
(4) | Where a prospective adoptive parent abuses or abandons a child he or she is temporary rearing, or if there exist other grounds prescribed by Presidential Decree, the head of a |
Article 25 (Effect of Adoption) |
Article 26 (Effectuation of Adoption) |
(1) | Adoption under this Act shall take effect when an adjudication on upholding by the Family Court becomes final and conclusive. In such cases, the adoptive parents or adopted child shall file a report on adoption of the adopted child as prescribed by the Act on Registration of Family Relations, along with a statement of permission by the Family Court. |
(2) | Where an adjudication on adoption becomes final and conclusive, the Family Court shall notify the details thereof to the Minister of Health and Welfare and the head of a |
Article 27 (Transfer of Children) |
Article 28 (Revocation of Adoption) |
(1) | Where the adoption takes effect without a consent to adoption given by a birth father or mother of an adopted child because he or she falls under the case specified in Article 16 (1) 3 due to any cause not attributable to himself or herself, he or she may file a request for revocation of adoption with the Family Court within six months after the date he or she becomes aware of the adoption. |
(2) | The Family Court shall hear and respect the opinions of an adopted child, whose adoption is requested to be revoked. |
(3) | When a judgment to uphold the request for revocation of adoption becomes final and conclusive, the Family Court shall without delay notify such purport to the Minister of Health and Welfare and the head of a |
(4) | The Family Court may dismiss the request for revocation of adoption filed under paragraph (1) for the welfare of the adopted child, in consideration of the status of child rearing, the motive for adoption, parenting competency, and other circumstances. |
Article 29 (Protective Measures) |
Article 30 (Where A Party to Adoption Is Foreigner) |
(1) | Where a prospective adoptive parent under this Act is a foreigner, he or she shall meet the requirements under the law of the home country, together with the eligibility under Article 18. |
(2) | Where a child to be adopted has a foreign nationality, he or she shall obtain consent, acceptance, etc. under the law of the home country, as well as consent and acceptance under Articles 15 and 16: |
(3) | The Minister of Health and Welfare may request the home country of a prospective adoptive parent or a child to be adopted to provide cooperation in order to verify the requirements under paragraph (1) and whether a consent and acceptance is granted under paragraph (2). |
Article 31 (Post Adoption Services) |
(1) | For one year after the adoption is established, the Minister of Health and Welfare shall provide regular counseling services and necessary welfare services and prepare a report on children's adaptation for the mutual adaptation of adoptive parents and adopted children, as prescribed by Ordinance of the Ministry of Health and Welfare: |
(2) | The State and local governments shall provide the following support to help adoptive families raise adopted children in a sound manner, as prescribed by Ordinance of the Ministry of Health and Welfare: |
1. | Supporting business activities of associations or organizations for the sound growth of adopted children, information sharing and mutual cooperation between adopted families, etc.; |
2. | Providing information necessary for child rearing for the sound growth of adopted children in the adoptive families; |
3. | Opening a window through which the adoptive family members can receive counseling services at any time, and placing a counselor therefor. |
Article 32 (Payment of Child Benefits) |
(1) | If necessary to ensure that the adopted children grow healthily, the State and local governments may pay child home-care allowances, medical expenses, children education subsidies, and other necessary child benefits, within the limit prescribed by Presidential Decree. |
(2) | Matters necessary for the payment of child benefits, etc. under paragraph (1) and the procedures therefor shall be prescribed by Presidential Decree. |
Article 33 (Disclosure of Information on Adoption) |
(1) | A person who has been adopted under this Act may request the disclosure of information on his or her adoption (hereinafter referred to as "request for disclosure of information") to the president of the National Center for the Rights of the Child: |
(2) | Upon receipt of a request under paragraph (1), the president of the National Center for the Rights of the Child shall disclose the information on adoption held with the consent of birth parents without delay: |
(3) | Notwithstanding the proviso of paragraph (2), where the birth parents are dead or they cannot give consent due to other causes, in which case there exist special circumstances, such as the medical purposes of the adopted person, information on adoption may be disclosed irrespective of whether the birth parents gave consent. |
(4) | Except as provided in paragraphs (1) through (3), the scope of information on adoption subject to request for disclosure of information, methods and procedures for making the request, and other necessary matters shall be prescribed by Presidential Decree. |
Article 34 (Integrated Child Information System) |
(1) | The Minister of Health and Welfare and the president of the National Center for the Rights of the Child shall enter and manage information on the duties related to adoption in the integrated child information system. |
(2) | The Mayor/ |
(3) | The head of a social welfare corporation or organization entrusted with the business affairs pursuant to Article 37 shall enter information on the business affairs related to adoption into the integrated child information system. |
(4) | Matters necessary for the scope of information, methods of entering and managing information and others under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
Article 35 (Request for Cooperation of Relevant Institutions) |
(1) | If necessary to perform the business affairs under this Act, the Minister of Health and Welfare, the Mayor/ |
(2) | The data provided under paragraph (1) shall not be used for any purpose other than performance of the business affairs under this Act. |
Article 36 (Duty of Confidentiality) |
Article 37 (Entrustment of Business Affairs) |
(1) | The Minister of Health and Welfare may entrust the business affairs under Articles 13 (4), 19 (1) and (2), and 31 (1) to the National Center for the Rights of the Child or other social welfare corporations or organizations equipped with facilities, employees, etc. necessary for performing the entrusted business affairs, as prescribed by Presidential Decree. |
(2) | The Minister of Health and Welfare shall instruct and supervise a person who performs the business affairs entrusted under paragraph (1). |
(3) | Details necessary for entrustment under paragraph (1) shall be prescribed by Presidential Decree. |
Article 38 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
Article 39 (Subsidization of Expenses) |
1. | Expenses incurred in establishing and operating the secretariat under Article 12 (7); |
2. | Expenses incurred in protecting children under Article 13 (3); |
3. | Expenses incurred in performing the duties, such as inspecting the status of child rearing and management of cases of foster homes that protect children under Article 13 (3); |
4. | Expenses incurred in performing the duties of social welfare corporations or organizations under Article 37; |
5. | Other expenses incurred in performing the business affairs prescribed by Ordinance of the Ministry of Health and Welfare. |
Article 40 (Penalty Provisions) |
(1) | Any of the following persons shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won: |
1. | A person who offers or receives, or promises to offer or receive, money or other valuables in return for consent to or acceptance of adoption, in violation of Article 17 (2); |
2. | A person who adopts a child without obtaining permission for adoption, in violation of Article 21 (1); |
3. | A person who uses the furnished data for any purpose other than the performance of duties under this Act, in violation of Article 35 (2); |
4. | A person who divulges confidential information acquired in the course of performing his or her duties, in violation of the main clause of Article 36. |
(2) | A person who transfers a child to be adopted to a prospective adoptive parent or receives by transfer the child to be adopted without a decision of temporary rearing shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. |
(3) | A person who distorts, conceals, or exaggerates a fact or submits a false document in violation of Article 19 (3) shall be punished by a fine not exceeding five million won. |
Article 41 (Joint Penalty Provisions) |
Article 42 (Administrative Fines) |
(1) | A person who fails to transfer a child to be adopted to a person designated by the head of a |
(2) | An administrative fine under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare or the head of a |
(1) | Where a prospective adoptive parent has been entrusted with a child to be adopted by an adoption agency under the previous provisions of the Act on Special Cases concerning Adoption before the Family Court grants permission, in which case a trial on permission for adoption is pending at the Family Court as at the time this Act enters into force, the child shall be deemed transferred by the decision of temporary rearing under Article 22 (1). |
(2) | A prospective adoptive parent who has been entrusted with a child to be adopted by an adoption agency under the previous provisions of the Act on Special Cases concerning Adoption but fails to file a request for permission for adoption with the Family Court as at the time this Act enters into force shall file a request for permission for adoption under Article 21 and an application for decision of temporary rearing under Article 22 (1) within one month from the enforcement date of this Act. |
(3) | Where a person who shall file a request for permission for adoption and an application for decision of temporary rearing pursuant to paragraph (2) fails to file the request and application by the deadline specified in that paragraph, the child temporarily reared shall be transferred to a person designated by the head of a |