CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promoting the welfare of biological mothers, fathers, and their children by supporting safe childbirth for pregnant women facing difficulties giving birth and raising due to economic, psychological, physical, or other reasons, and by ensuring a safe parenting environment for both fetuses and children.
The terms used in this Act are defined as follows:
| 1. | The term "pregnant woman or nursing mother in crisis" means a woman who is pregnant as defined in subparagraph 1 of Article 2 of the Mother and Child Health Act (hereinafter referred to as "pregnant woman in crisis") and a woman within 6 months of giving birth (hereinafter referred to as "nursing mother in crisis") who faces difficulties in childbirth and rearing due to economic, psychological, physical, or other reasons; |
| 2. | The term "counseling agency" means an agency designated pursuant to Article 6 to provide pregnant women or nursing mothers in crisis with information and counseling on various kinds of support for childbirth and rearing, as well as the protection of children, and to provide necessary services in a coordinated manner; |
| 4. | The term "protected childbirth" means the de-identification of a pregnant woman in crisis after completing all counseling under Article 7 and filing an application under Article 9 to give birth; |
| 5. | The term "birth certificate" means information on a child born through protected childbirth or a protected child under Article 14 at the time of birth and information on the biological mother or father, as prepared pursuant to Article 15 (1); |
| 6. | The term "guardian" means any of the following persons: |
| (a) | A person with parental authority and a guardian under the Civil Act; |
| (b) | If there is no guardian referred to in item (a), a person who actually protects the relevant pregnant woman or nursing mother as a person under duty to furnish support under the Civil Act; |
| (c) | If there is no guardian referred to in items (a) and (b), a person designated by the head of a local government as a guardian from among the heads of facilities referred to in Article 52 (1) 1, 2, or 4 of the Child Welfare Act who actually protect and raise the relevant child or from among persons providing foster care who protect and rear the child pursuant to Article 15 (1) 3 of that Act (limited to before a guardian referred to in item (a) is appointed) |
| Article 3 (Responsibilities of the State and local governments) |
| (1) | The State and local governments shall support pregnant women or nursing mothers in crisis and take measures and provide support to ensure safe and healthy growth of their children. In such cases, priority shall be given to supporting the rearing of those children. |
| (2) | The State and local governments shall formulate policy measures to promote the rights, interests, and welfare of pregnant women or nursing mothers in crisis experiencing difficulties due to pregnancy and childbirth as well as the rights, interests, and welfare of their children. |
| Article 4 (Fact-finding surveys) |
| (1) | The Minister of Health and Welfare shall conduct a fact-finding survey on pregnant women or nursing mothers in crisis and their children every 3 years and publish the results in order to utilize them in formulating policies for supporting these women and protecting their children. In such cases, the survey may include pregnant or nursing juveniles in crisis and other related groups, as prescribed by Ministerial Decree of Health and Welfare. |
| (2) | In order to conduct the fact-finding survey under paragraph (1), the Minister of Health and Welfare may request the heads of relevant central administrative agencies, local governments, public institutions under the Act on the Management of Public Institutions, and other relevant facilities, corporations, or organizations to cooperate, including by submitting necessary data. In such cases, the heads of the relevant central administrative agencies, etc. shall comply with such request unless there is good cause. |
| (3) | The Minister of Health and Welfare shall determine the subjects, methods, and other necessary matters for the fact-finding surveys under paragraph (1). |
| Article 5 (Relationship to other statutes) |
Matters prescribed by this Act regarding protected childbirth and the protection, etc. of children after childbirth under Article 14 shall prevail over other statutes.
CHAPTER II COUNSELING FOR PREGNANT WOMEN OR NURSING MOTHERS IN CRISIS
| Article 6 (Designation and operation of counseling agencies) |
| (1) | The Minister of Health and Welfare may designate a central counseling support agency to perform the following duties to support pregnant women or nursing mothers in crisis and to protect their children: |
| 1. | Development and dissemination of counseling procedures and content to support the childbirth and rearing of pregnant women or nursing mothers in crisis and to protect their children; |
| 2. | Provision of education to the employees of local counseling agencies designated under paragraph (2) (hereinafter referred to as "local counseling agencies") and medical institutions under Article 3 of the Medical Service Act (hereinafter referred to as "medical institutions") on support for childbirth and rearing for pregnant women or nursing mothers in crisis and policies for protecting their children; |
| 3. | Management and operation of information systems under Article 18; |
| 4. | Online and mobile counseling for pregnant women or nursing mothers in crisis; |
| 5. | Management of local counseling agencies, support for their work, and establishment of a cooperative system; |
| 6. | Other business affairs prescribed by Ministerial Decree of Health and Welfare as necessary for supporting pregnant women or nursing mothers in crisis and protecting their children. |
| (3) | A local counseling agency shall perform the following business affairs: |
| 1. | Provision of counseling, information, and alignment with necessary services to support childbirth and childrearing for pregnant women or nursing mothers in crisis; |
| 2. | Provision of counseling and Information on child protection and alignment of protective measures therefor; |
| 3. | Provision of counseling and information on, and support for, protected childbirth; |
| 4. | Input and management of records in an information system under Article 18; |
| 5. | Operation of a hotline for pregnant women or nursing mothers in crisis; |
| 6. | Other business affairs prescribed by Ministerial Decree of Health and Welfare as necessary for supporting the childbirth and rearing for pregnant women or nursing mothers in crisis and protecting their children. |
| (4) | Matters necessary for the standards for facilities of the central counseling support agency and local counseling agencies designated pursuant to paragraphs (1) and (2), standards for qualifications of employees, provision of online and mobile counseling, operation of hotlines, designation procedures, operation, and other relevant matters shall be prescribed by Ministerial Decree of Health and Welfare. |
| Article 7 (Counseling on crisis pregnancy or childbirth) |
| (1) | Pregnant women or nursing mothers in crisis who need counseling and support for childbirth, rearing, and child protection may request counseling from a local counseling agency at any time. |
| (2) | A local counseling agency shall provide pregnant women or nursing mothers in crisis who requested counseling pursuant to paragraph (1) with sufficient counseling and guidance on the following matters to ensure that they can raise their children independently, and counseling may include guidance on aligning with possible services in the following areas: |
| 1. | The following social security benefits and support in childrearing: |
| (e) | Other support provided to pregnant women and nursing mothers pursuant to the relevant statutes or regulations; |
| 3. | Effects of renunciation of custody and parental rights on children; |
| 4. | Other matters prescribed by Ministerial Decree of Health and Welfare. |
| (3) | Notwithstanding the counseling under paragraph (2), the head of a local counseling agency shall provide counseling on the following matters to a pregnant woman or nursing mother in crisis who desires to proceed with protected childbirth and to protect his or her child: |
| 1. | Procedures and legal effect of protected childbirth; |
| 2. | Meaning of the right of the child to know his or her biological mother and father, its impact on child development, and other rights of the child; |
| 3. | Rights of the biological father, such as recognition and rearing of the child; |
| 6. | Period and procedures for recovering parental authority; |
| 7. | Requirements and procedures for requesting disclosure of birth certificates under Article 17; |
| 8. | Other matters prescribed by Ministerial Decree of Health and Welfare. |
| (4) | The methods and procedures for providing counseling under paragraphs (2) and (3) and other necessary matters shall be prescribed by Ministerial Decree of Health and Welfare. |
| Article 8 (Protection of and support for prenatal and postnatal care for pregnant women or nursing mothers in crisis) |
| (1) | The head of a local counseling agency may request a person who establishes and operates a single-parent family welfare facility under Article 19 of the Single-Parent Family Support Act (hereinafter referred to as "single-parent family welfare facility") or a social welfare facility defined in Article 2 of the Social Welfare Services Act (hereinafter referred to as "social welfare facility") to admit a pregnant woman or nursing mother in crisis who has requested counseling pursuant to Article 7 (1) for prenatal or postnatal care, if she so wishes. |
| (2) | Upon receiving a request under paragraph (1), the head of the single-parent family welfare facility or the social welfare facility shall cooperate in admitting the pregnant woman or nursing mother in crisis to a protection facility unless there is a compelling reason not to do so. |
| (3) | The head of a local counseling agency may coordinate the use of postnatal caregivers provided by the State or a local government pursuant to Article 15-18 of the Mother and Child Health Act for pregnant women or nursing mothers in crisis who intend to receive postnatal care at home after childbirth. |
CHAPTER III PROTECTED CHILDBIRTH
| Article 9 (Application for protected childbirth) |
| (1) | A pregnant woman or nursing mother in crisis who has received counseling under Article 7 (2) and (3) and who desires to have a protected childbirth may file an application with the head of the local counseling agency that provided such counseling. In such cases, matters necessary for the method, procedure, and other necessary matters shall be prescribed by Ministerial Decree of Health and Welfare. |
| (2) | Notwithstanding paragraph (1), if a pregnant woman in crisis lacks the capacity to make decisions, her guardian may file the application on her behalf under paragraph (1), as prescribed by Presidential Decree. In such cases, the guardian's application shall be deemed filed by the pregnant woman or nursing mother in crisis, and the guardian may issue notices under Article 10 (1) or notifications under Article 11 (5), transfer, or request the transfer of a child under Article 12 (1), withdraw an application under Article 13 (1), prepare a birth certificate under Article 15 (1) (in such cases, including recording information on the pregnant woman or nursing mother), and provide consent under Article 17 (2). |
| (3) | The head of the local counseling agency shall enter the relevant information into the information system under Article 18, enabling de-identification of the pregnant woman or nursing mother in crisis who has applied for protected childbirth pursuant to paragraph (1) or (2) (hereafter in this Chapter referred to as "applicant"), as prescribed by Presidential Decree. In such cases, the head of the local counseling agency shall notify the applicant of the de-identified information. |
| (4) | The Minister of Health and Welfare may request cooperation from the heads of relevant central administrative agencies, local governments, and public institutions under the Act on the Management of Public Institutions for matters necessary for de-identification under paragraph (3) the Act on the Management of Public Institutions. In such cases, the person who has received the request shall comply unless there is a compelling reason not to do so. |
| Article 10 (Support for protected childbirth) |
| (1) | An applicant may select a medical institution for prenatal check-ups and childbirth, notify the head of a local counseling agency, and conduct prenatal check-ups and childbirth at the relevant medical institution using the de-identified information notified by the local counseling agency. |
| (3) | The State and local governments may subsidize expenses related to prenatal checkups and childbirth under paragraph (1), as prescribed by Ministerial Decree of Health and Welfare. |
| (4) | The methods and procedures for subsidizing expenses under paragraph (3) and other necessary matters shall be prescribed by Ministerial Decree of Health and Welfare. |
CHAPTER IV CHILD PROTECTION
| Article 11 (Notification of birth) |
| (1) | If a child is born through protected childbirth at a medical institution, medical personnel at the medical institution shall enter the following matters (hereinafter referred to as "birth information") into the medical or midwifery record book (including a document converted to electronic form; hereinafter the same shall apply) for the applicant under Article 9, managed by the relevant medical institution to verify the birth: |
| 1. | The following details about the child’s biological mother: |
| (a) | A pseudonym de-identified under Article 9 (3); |
| (b) | A management number de-identified pursuant to Article 9 (3); |
| 2. | The gender, number, and date and time of birth of the child; |
| 3. | Other matters prescribed by the Supreme Court Regulations to verify the birth, such as the address of the medical institution; |
| (2) | The head of the medical institution shall submit the birth information to the Health Insurance Review and Assessment Service under Article 62 of the National Health Insurance Act (hereinafter referred to as the "Review and Assessment Service") within 14 days of the birth. In such cases, such information shall be submitted through the computerized information system established by the Minister of Health and Welfare for birth notification and management and whose operation is entrusted to the Review and Assessment Service. |
| (3) | Upon receiving the birth information under paragraph (2), the head of the Review and Assessment Service shall without delay notify the head of the central counseling support agency under Article 6 (1) (hereinafter referred to as the "central counseling support agency") of the birth, including the relevant birth information. In such cases, this notification may be made electronically through the information system under Article 18. |
| (4) | Upon receiving the birth notification pursuant to paragraph (3), the head of the central counseling support agency shall without delay notify the head of a local counseling agency that received the application for protected childbirth under Article 9 (1) or (2) of the birth, including the relevant birth information, and the head of the local counseling agency shall, without delay, notify the head of the Si/Eup/Myeon having jurisdiction over the location of the local counseling agency of the birth, including the birth information and the child's name under Article 15 (1) 3. In such cases, the notifications may be made electronically through the information system under Article 18 and the Public Information Sharing Center under Article 37 of the Electronic Government Act. |
| (5) | Notwithstanding paragraphs (1) through (3), an applicant under Article 9 who gave birth outside a medical institution shall report the childbirth and birth information to the head of the local counseling agency that received the application for protected childbirth under Article 9 (1) or (2), and upon receiving such notice, the head of the local counseling agency shall immediately notify the head of the Si/Eup/Myeon having jurisdiction over the location of the local counseling agency of the birth, including the relevant birth information. In such cases, the notifications may be made electronically through the information system under Article 18 and the Public Information Sharing Center under Article 37 of the Electronic Government Act. In such cases, the report shall be accompanied by any of the following documents: |
| 1. | A document proving the birth prepared by a person directly involved in the delivery, along with materials, etc. evidencing the mother's childbirth; |
| 2. | A document certifying the birth issued by a domestic or foreign authorized agency; |
| 4. | If no document falling under subparagraphs 1 through 3 exists, a certified copy of a written confirmation of the Family Court under Article 44-2 (1) of the Act on Registration of Family Relationships. |
| (6) | Upon receiving notification under paragraph (4) or (5), the head of a Si/Eup/Myeon shall establish the child's surname and origin of surname pursuant to Article 781 (4) of the Civil Act, determine and record the child's name and place of registration in the family relationship register, and notify the head of the local counseling agency that received the application for protected childbirth under Article 9 (1) or (2), of the birth record, the child's name, and resident registration number. In such cases, the head of the Si/Eup/Myeon shall respect the name under Article 15 (1) 3, unless there is a compelling reason not to do so. |
| (7) | Other necessary matters relating to the methods and procedures for using the computerized information system referred to in paragraph (2), procedures for notifying the birth including birth information, etc. shall be prescribed by the Supreme Court Regulations, and matters necessary for the methods and procedures for using the computerized information system and information systems under paragraphs (3) and (4) and Article 18 shall be prescribed by Presidential Decree. |
| Article 12 (Protective measures for children) |
| (1) | An applicant under Article 9 may transfer a child to the head of a Si/Gun/Gu having jurisdiction over the location of a local counseling agency that received the application for protected childbirth pursuant to Article 9 (1) or (2) or request the head of the local counseling agency to transfer the child to the head of the Si/Gun/Gu, as prescribed by Ministerial Decree of Health and Welfare, with a deliberation period to directly raise the child for at least 7 days from the date of protected childbirth. In such cases, the exercise of parental authority by the person with parental authority shall be suspended from the time the child is transferred; provided, if there is a special reason prescribed by Ministerial Decree of Health and Welfare, the child may be transferred even before 7-day period has elapsed. |
| (2) | If the head of a Si/Gun/Gu receives a child directly from an applicant under Article 9 pursuant to paragraph (1), he or she shall immediately notify the head of the local counseling agency of such fact. |
| (3) | The head of a Si/Gun/Gu who receives a child pursuant to paragraph (1) shall, without delay, take appropriate protective measures under Article 15 of the Child Welfare Act. In such cases, the head of the Si/Gun/Gu shall act as the guardian of the minor. |
| Article 13 (Withdrawal of application and protection of children) |
| (1) | An applicant referred to in Article 9 may withdraw his or her application under Article 9; provided, where adoption procedures for the relevant child are in progress, he or she may withdraw his or her application before permission is granted under Article 11 (1) of the Act on Special Cases concerning Adoption. If the applicant referred to in Article 9 withdraws the application under Article 9, his or her intention to transfer the child under Article 12 shall also be deemed withdrawn, and he or she may resume exercising parental authority as prescribed by Ministerial Decree of Health and Welfare from the time the head of the Si/Gun/Gu referred to in Article 12 (3) re-transfers the child to the applicant. |
| (2) | When a judgment on the revocation of adoption under Article 16 of the Act on Special Cases concerning Adoption becomes final and conclusive, the withdrawal under paragraph (1) shall be deemed effective; provided, this shall not apply where a judgment on the revocation of adoption by a biological father becomes final and conclusive. |
| (3) | An applicant who has withdrawn the application pursuant to paragraph (1) shall file a birth report under Article 44 of the Act on Registration of Family Relations; provided, where the birth record of a child has already been completed, he or she shall apply for a correction to the family relationship register by applying mutatis mutandis Article 53 of that Act. |
| (4) | Upon withdrawal of an application pursuant to paragraph (1), the head of the local counseling agency shall without delay destroy the birth certificate of the relevant child; provided, where the birth certificate has already been transferred to the National Center for the Rights of the Child under Article 10-2 of the Child Welfare Act (hereinafter referred to as the "National Center for the Rights of the Child") pursuant to Article 16 (1), the head of the local counseling agency shall notify the president of the National Center for the Rights of the Child (hereinafter referred to as the "president of the NCRC") of such fact, as prescribed by Ministerial Decree of Health and Welfare. |
| (5) | The withdrawal under paragraph (1) shall be made in writing to the head of the local counseling agency that received the application for protected childbirth pursuant to Article 9 (1) or (2) and the detailed methods, procedures, etc. for the withdrawal shall be prescribed by Ministerial Decree of Health and Welfare. |
| Article 14 (Application for protection of children after childbirth) |
| (1) | If a pregnant woman and nursing mother in crisis fails to file an application under Article 9 but wishes to de-identify a child's biological mother without completing the birth registration after giving birth, or to take protective measures for the child under Article 11 or 12, he or she shall file an application with a local counseling agency within 1 month of childbirth, as prescribed by Ministerial Decree of Health and Welfare. |
| (2) | Upon receipt of an application under paragraph (1), the head of a local counseling agency shall provide the applicant with counseling services under Article 7 (1) and (2) and prepare a birth certificate under Article 15. |
| (3) | Articles 9, 11 through 13, 16, and 17 shall apply mutatis mutandis to applications under paragraph (1), the birth records and protection of children, the permanent preservation and disclosure of birth certificates, the withdrawal of applications, etc. In such cases, "pregnant woman in crisis" shall be construed as "nursing mother in crisis"; "protected childbirth" as "protection of children after childbirth"; "date of protected childbirth" as "date of application under Article 14 (1); "applicant under Article 9" as "applicant under Article 14‘; "pursuant to Article 9 (3)" as "pursuant to Article 14 (1); "local counseling agency that received the application for protected childbirth under Article 9 (1) or (2)" as "local counseling agency that received the application under Article 14 (1)"; and "application under Article 9" as "application under Article 14" respectively. |
| (4) | If the birth information of a nursing mother in crisis who has filed an application under paragraph (1) pursuant to Article 44-3 of the Act on Registration of Family Relations is submitted to the Review and Assessment Service or if the birth including birth information is notified to the head of a Si/Eup/Myeon having jurisdiction over the address thereof (where it is impossible to verify her address, referring to the head of a Si/Eup/Myeon having jurisdiction over the address of the nursing mother in crisis), the head of a local counseling agency upon receipt of the application under paragraph (1) shall notify the Review and Assessment Service or the head of the relevant Si/Eup/Myeon having jurisdiction over the address of the relevant nursing mother in crisis of the notification and request them to take necessary measures such as deleting the information submitted and notified about the nursing mother in crisis and ensuring that the birth record is not recorded ex-officio; In such cases, the head of the local counseling agency shall notify the head of the Si/Eup/Myeon having jurisdiction over the location of the local counseling agency of the birth, including the following matters, without delay, and this notification may be made electronically through the information system under Article 18 and the Public Information Sharing Center under Article 37 of the Electronic Government Act, and may request information necessary for the notification from the head of a medical institution where the nursing mother in crisis gave birth: |
| 1. | The following details about the child’s biological mother: |
| (a) | A pseudonym de-identified under paragraph (1); |
| (b) | A management number de-identified under paragraph (3); |
| 2. | The gender, number, date of birth, and the name of the child under Article 15 (1) 3; |
| 3. | Other matters prescribed by the Supreme Court Regulations to verify the birth, such as the address of a medical institution; |
| 4. | Any of the following documents if the nursing mother in crisis who has filed an application under paragraph (1) gives birth in a place other than a medical institution: |
| (a) | A document proving the birth prepared by a person directly involved in the delivery, accompanied by materials, etc. evidencing the mother’s childbirth; |
| (b) | A document certifying the birth issued by a domestic or foreign authorized agency; |
| (5) | Upon receiving notification under paragraph (4) or (5), the head of a Si/Eup/Myeon shall establish a child's surname and origin of surname pursuant to Article 781 (4) of the Civil Act, determine and record the child's name and place of registration in the family relationship register, and notify the head of a local counseling agency that received the application under Article 14 (1), of the birth record and the child's name and resident registration number. In such cases, the head of the Si/Eup/Myeon shall respect the name under Article 15 (1) 3, unless there is a compelling reason not to do so. |
| (6) | Other matters necessary for the procedures, etc. for notification of birth, including birth information under paragraph (4), shall be prescribed by the Supreme Court Regulations, and matters necessary for the methods, procedures, etc. for using the information system under Article 18 shall be prescribed by Presidential Decree. |
| (7) | Except as provided in paragraphs (1) through (5), detailed methods, procedures, etc. for applying for protection of a child after childbirth shall be prescribed by Ministerial Decree of Health and Welfare. |
CHAPTER V PREPARATION, MANAGEMENT AND DISCLOSURE OF BIRTH CERTIFICATES
| Article 15 (Preparation of birth certificate) |
| (1) | Upon receiving a request under Article 9 (1) or (2) or 14 (1), the head of a local counseling agency shall prepare a birth certificate for the applicant, including the following matters; provided, information regarding the birth father may be omitted if it cannot be verified directly or through the applicant due to reasons prescribed by Presidential Decree, such as unknown whereabouts of the father: |
| 1. | The name, place of family origin, place of registration, and resident registration number (limited to Korean nationals) of the applicant and his or her biological father; |
| 2. | Genetic diseases and other health conditions of the applicant and the biological father; |
| 3. | The child's name, if provided by the applicant; |
| 4. | Details of counseling, such as social, economic, and psychological conditions, leading up to the applicant's decision for protected childbirth or child protection under Article 14; |
| 5. | Other matters prescribed by Ministerial Decree of Health and Welfare. |
| (2) | The head of the local counseling agency shall place the birth certificate prepared pursuant to paragraph (1) in an envelope, seal it, and indicate on the envelope that it contains birth certificate, including the pseudonym of the de-identified applicant, and the name and address of the local counseling agency that prepared the birth certificate, and keep such information confidential until it is transferred to the Agency for the Protection of the Rights of the Child. |
| Article 16 (Transfer and permanent preservation of birth certificates) |
| (1) | Upon being notified of a child’s birth record pursuant to Article 11 (6), the head of a local counseling agency shall add the child’s name, gender, and resident registration number to the outer side of the envelope containing the birth certificate under Article 15 (2), and transfer the envelope without delay to the National Institute for the Protection of the Rights of the Child. |
| (2) | The National Center for the Rights of the Child shall permanently preserve the birth certificate transferred pursuant to paragraph (1); provided, the National Center for the Rights of the Child shall, upon receipt of a notice of withdrawal under the proviso of Article 13 (4), destroy the birth certificate without delay. |
| Article 17 (Request for disclosure of birth certificate) |
| (1) | A person born through protected childbirth (including those whose birth certificate was prepared upon application under Article 14) may request the president of the NCRC to disclose his or her birth certificate (hereafter in this Article referred to as "request for disclosure of certificate"); provided, in cases of a minor, the consent of his or her legal representative shall be required. |
| (2) | Upon receipt of a request under paragraph (1), the president of the NCRC shall, without delay, disclose the birth certificate kept with the consent of the applicant under Article 9 or 14 (hereafter in this Article referred to as "applicant") and his or her biological father. In such cases, the president of the NCRC may verify the consent of the applicant or his or her biological father, as prescribed by Presidential Decree; provided, where the consent of the applicant or his or her biological father cannot be verified or is not given, the birth certificate shall be disclosed excluding the personal information of the applicant or the biological father. |
| (3) | Notwithstanding the proviso of paragraph (2), if an applicant or his or her biological father is unable to provide consent due to death or other reasons, the president of the NCRC may disclose his or her birth certificate for special circumstances prescribed by Presidential Decree such as medical purposes of a person born through protected childbirth, irrespective of the consent of the applicant or his or her biological father. |
| (4) | Except as provided in paragraphs (1) through (3), the methods and procedures for filing a request for disclosure and other necessary matters shall be prescribed by Presidential Decree. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 18 (Establishment and operation of information system) |
| (1) | The Minister of Health and Welfare may establish and operate an information system, as prescribed by Presidential Decree, for the de-identification of personal information under this Act, the management of the relevant information, the notification of birth information, the efficient processing and management of the records and information related to protected childbirth. |
| (2) | The Minister of Health and Welfare may entrust the head of the central counseling support agency with affairs relating to the establishment and operation of the information system. |
| (3) | The Minister of Health and Welfare, the central counseling support agency, or a local counseling agency may process data containing information on health under Article 23 of the Personal Information Protection Act and resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of that Act, if unavoidable for handling affairs prescribed by Presidential Decree, such as the establishment, operation, and use of the information system under paragraph (1) and applications for protected childbirth under Article 9 (1) or (2). |
| Article 19 (Subsidization of expenses) |
The State and local governments may fully or partially subsidize the following expenses within the budget:
| 1. | Operating expenses of the central counseling support agency and local counseling agencies; |
| 2. | Expenses incurred by the National Center for the Rights of the Child in performing duties necessary for the permanent preservation of a birth certificate pursuant to Article 16 (2); |
| 3. | Expenses incurred by the Review and Assessment Service in handling entrusted affairs under Article 21 and by the National Health Insurance Service under Article 13 of the National Health Insurance Act (hereinafter referred to as the "National Health Insurance Service") in performing business affairs. |
| Article 20 (Recovery of expenses) |
| (1) | If an applicant under Article 9 has received subsidies under this Act by fraud or other improper means, the Minister of Health and Welfare may recover the subsidized expenses. |
| (2) | If the designation of the central counseling support agency or a local counseling agency is revoked pursuant to Article 22 (1), the Minister of Health and Welfare may recover operating expenses under subparagraph 1 of Article 19. |
| (3) | The methods and procedures for recovering expenses under paragraphs (1) and (2) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 21 (Entrustment of business affairs and deposit of expenses) |
The Minister of Health and Welfare may entrust the Review and Assessment Service and the National Health Insurance Service with the affairs related to the review and adjustment of expenses, the verification of whether the applicant is eligible for subsidization, the payment of expenses, and the affairs related to the subsidization of expenses related to prenatal check-ups and childbirth for an applicant prescribed in Article 9 under Article 10 (3). In such cases, the Minister of Health and Welfare shall deposit estimated expenses in the entrusted institution, as prescribed by Ministerial Decree of Health and Welfare.
| Article 22 (Revocation of designation) |
| (1) | If the central counseling support agency or a local counseling agency falls under any of the following cases, the Minister of Health and Welfare may revoke its designation or suspend all or part of its business for a specified period of up to 6 months; provided, in cases falling under subparagraph 1, the Minister of Health and Welfare shall revoke its designation: |
| 1. | Where the agency obtained its designation by fraud or other improper means; |
| 2. | Where the agency performs business affairs in violation of designated matters; |
| 3. | Where the agency no longer meets the designation standards under paragraph (2). |
| (2) | The standards and procedures for the revocation of designation of the central counseling support agency or a local counseling agency, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 23 (Duty of confidentiality) |
No person who is engaged in, or who has been engaged in, the central counseling support agency, a local counseling agency, a single-parent family welfare facility, a social welfare facility, a medical institution, or the National Center for the Rights of the Child shall divulge any confidential information that he or she has learned in the course of performing duties under this Act.
| Article 24 (Delegation of authority) |
Part of the authority of the Minister of Health and Welfare under this Act may be delegated to Mayors/Do Governors, as prescribed by Presidential Decree.
| Article 25 (Penalty Provisions) |
Any person who divulges confidential information in violation of Article 23 shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won.
| Article 26 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Article 23, in conducting the business affairs of the corporation or individual, the corporation or the individual shall be punished by a fine prescribed in that Article, in addition to punishing the violators accordingly; provided, 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.
ADDENDUM <Act No. 19816, Oct. 31, 2023>
This Act shall enter into force on July 19, 2024.