CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and to promote the rights, interests, and welfare of persons to be adopted and their adoptive families by prescribing matters regarding the requirements and procedures for intercountry adoption.
The terms used in this Act are defined as follows:
| 1. | The term "Convention" means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption; |
| 3. | The term "country of origin" means a country in which a child to be adopted has his or her habitual residence; |
| 4. | The term "country of adoption" means a country in which prospective adoptive parent has his or her habitual residence; |
| 5. | The term "Central Authority" means a State agency of each Contracting State designated pursuant to Article 6 of the Convention to discharge the duties imposed by the Convention, or a government agency responsible for the adoption or a competent agency that is granted the relevant authority in a non-Contracting State of the Convention; |
| 6. | The term "intercountry adoption" means any of the following: |
| (a) | Adoption to foreign countries (including both a Contracting State and a Non-Contracting State of the Convention; hereinafter the same shall apply): Adoption for which both or each of the persons intending to be adoptive parents has habitual residence in a foreign country, and the child’s habitual residence moves from the Republic of Korea to a foreign country for adoption or as a result of the adoption; |
| (b) | Adoption to the Republic of Korea: Adoption for which both or each of the persons intending to be adoptive parents has habitual residence in the Republic of Korea, and the child’s habitual residence moves from a foreign country to the Republic of Korea for the purposes of adoption or as a result of the adoption; |
| 7. | The term "establishment of a relationship" means designating a person intending to be an adoptive parent by connecting a child to be adopted to the person in order to set a relationship of adoptive parents; |
| 12. | The term "information on adoption" means records on the progress of the adoption procedures under this Act and business affairs 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 Intercountry Adoption) |
| (1) | Intercountry adoption may be permitted only if the intercountry adoption is in the best interest of a child, such as providing a permanent family to a child who cannot find an adoptive parent in the Republic of Korea. |
| (2) | The fundamental rights of a child to be adopted shall be respected in all procedures for intercountry adoption, and the intercountry adoption shall not be abused as a means of abduction, sale, or transaction of a child. |
| (3) | No one shall request, recommend, promote, or publicize intercountry adoption between private individuals, other than intercountry adoption made under the requirements, procedures, etc. prescribed by this Act. |
| Article 4 (Principles of Non-Profit Management) |
| (1) | No institution or individual related to intercountry adoption shall acquire unlawful financial benefits, etc. due to adoption under this Act. |
| (2) | The State and local governments shall endeavor to ensure that an institution or individual related to intercountry adoption will not acquire unlawful financial benefits, etc. due to adoption under this Act. |
| Article 5 (Central Authority) |
The Central Authority of the Republic of Korea shall be the Ministry of Health and Welfare.
| Article 6 (Relationship to Other Statutes) |
CHAPTER II REQUIREMENTS AND PROCEDURES FOR INTERCOUNTRY ADOPTION
SECTION 1 Adoption to Foreign Country
| Article 7 (Eligibility for Adopted Children) |
| (1) | A child to be adopted under this Section shall fall under either of the following: |
| 1. | A child determined as a child subject to intercountry adoption by the Minister of Health and Welfare pursuant to paragraph (2); |
| 2. | Where one of the parents intends to independently make an intercountry adoption of a biological child of his or her spouse, the biological child. |
| (2) | Where an intercountry adoption is deemed to be in the best interest of the relevant child, among children determined to be adopted under Article 13 (1) of the Special Act on Domestic Adoption, the Minister of Health and Welfare may determine such child as a child subject to intercountry adoption after deliberation and resolution by the committee. In such cases, a report on children adopted through intercountry adoption shall be prepared regarding the relevant child, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | Where the Minister of Health and Welfare receives a report on a person intending to be an adoptive parent of a child falling under paragraph (1) 2 from the Central Authority of a country of adoption, he or she shall enter and manage information on the relevant child in the integrated child information system. |
| Article 8 (Consent to and Acceptance of Adoption) |
| Article 9 (Eligibility for Adoptive Parents) |
| (1) | A person intending to be an adoptive parent under this Section shall meet the eligibility for adoptive parents under the law of nationality: Provided, That where the person intends to adopt a child under Article 7 (1) 1, he or she shall also meet the eligibility for adoptive parents under the Special Act on Domestic Adoption and the Civil Act. |
| (2) | Where the Minister of Health and Welfare receives a report on a person intending to be an adoptive parent from the Central Authority of a country of adoption, he or she shall verify whether the person intending to be an adoptive parent meets the eligibility, etc. for adoptive parents under paragraph (1) after deliberation and resolution by the committee: Provided, That where a child under Article 7 (1) 2 is to be adopted, the deliberation and resolution by the committee may be omitted. |
| Article 10 (Establishment of Relationship) |
| (1) | The Minister of Health and Welfare shall establish a relationship between persons deemed to meet the eligibility for adoptive parents under Article 9 and a child to be adopted after deliberation and resolution by the committee: Provided, That where a child under Article 7 (1) 2 is to be adopted, the establishment of a relationship may be omitted. |
| (2) | In establishing a relationship under paragraph (1), the comprehensive consideration shall be given to the principles of adoption under Article 3, the background and status of child rearing of the persons intending to be adoptive parents, the background and special needs of the child to be adopted, etc. |
| Article 11 (Consultation between Central Authorities) |
| (1) | The Minister of Health and Welfare shall send a report on children adopted through intercountry adoption under the latter part of Article 7 (2) after the establishment of a relationship under Article 10 (1), information on the consent to and acceptance of adoption under Article 8, and information on the establishment of a relationship under Article 10 to the Central Authority of a country of adoption: Provided, That with respect to a child falling under Article 7 (1) 2, information on the consent to and acceptance of adoption under Article 8 shall be sent to the Central Authority of the country of adoption. |
| (2) | The Minister of Health and Welfare shall verify the intention of prospective adoptive parent to consent to the adoption of the relevant child through the Central Authority of a country of adoption within a reasonable period. |
| (3) | If prospective adoptive parent consents to adoption, the Minister of Health and Welfare shall prepare a written agreement on the progress of intercountry adoption procedures and send it to the Central Authority of the country of adoption. |
| (4) | Where prospective adoptive parent does not consent to the adoption, the Minister of Health and Welfare shall discontinue the progress of adoption procedures and request the Central Authority of the country of adoption to return documents under paragraph (1). |
| (5) | Where any of the following circumstances occurs, the Minister of Health and Welfare shall discontinue the progress of adoption procedures and notify the Central Authority of a country of adoption of such fact without delay; in such cases, he or she shall make a request for the return of documents under paragraph (1) and a written agreement on the progress of intercountry adoption procedures under paragraph (3): |
| 1. | Where a child is able to be provided with a permanent family in the Republic of Korea; |
| 2. | Where a birth parent, a legal representative, or a child withdraws the consent to or acceptance of adoption; |
| 3. | Where any suspicious circumstance occurs regarding the eligibility of prospective adoptive parent; |
| 4. | Other cases where any circumstance prescribed by Ordinance of the Ministry of Health and Welfare occurs to the effect that intercountry adoption is inappropriate for the welfare of the child. |
| (6) | Where the Minister of Health and Welfare is notified of the discontinuance of the adoption procedures by the Central Authority of a country of adoption, he or she shall discontinue the process of adoption procedures and request the return of documents under paragraph (1) and a written agreement on the progress of intercountry adoption procedures under paragraph (3). |
| (7) | Matters necessary for the preparation, sending, etc. of a report on children subject to intercountry adoption and other documents under paragraph (1) and a written agreement on the progress of intercountry adoption procedures under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 12 (Permission for Adoption by Family Court) |
| (1) | Where a person intending to be an adoptive parent intends to adopt a child to be adopted, he or she shall prepare a written agreement on the progress of intercountry adoption procedures under Article 11 (3) and documents prescribed by the Supreme Court Regulations and shall obtain permission for adoption from the Family Court having jurisdiction over the place of domicile of the child to be adopted: Provided, That if a child to be adopted falls under Article 7 (1) 2 and a person intending to be an adoptive parent wishes to have the effect of adoption under Article 882-2 of the Civil Act or the law of nationality corresponding thereto, the person may obtain permission from the Family Court pursuant to Article 867 of the Civil Act or the law of nationality corresponding thereto. |
| (2) | The Family Court shall decide whether to grant permission for adoption within six months from the date of requesting permission for adoption for the welfare of a child to be adopted, unless there is a compelling reason not to do so. |
| (3) | 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 related data. In such cases, the institutions or organizations requested to submit data shall comply with such request, unless there is good cause. |
| (4) | If deemed necessary in deciding whether to grant 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 parent 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, examination, permission, etc. shall be prescribed by the Supreme Court Regulations. |
| Article 13 (Effect of Adoption) |
A child adopted under this Section shall have the same status as a child adopted through full adoption under the Civil Act: Provided, That in cases falling under the proviso of Article 12 (1), adoption under Article 882-2 of the Civil Act shall take effect.
| Article 14 (Effectuation of Adoption) |
| (1) | Adoption under this Section 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 or a report on full adoption as prescribed by the Act on Registration of Family Relations, along with a written judgment on permission from the Family Court. |
| (2) | Where an adjudication on adoption becomes final and conclusive, the Family Court shall, without delay, notify the details thereof to the Minister of Health and Welfare and the head of a Si/Gun/Gu (refering to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the place of domicile of the adopted child. |
| Article 15 (Transfer of Children) |
| (1) | The birth parents, guardians, or other persons who protect a child in accordance with due process shall directly transfer an adopted child to his or her adoptive parent after an adjudication on upholding under Article 12 (1) becomes final and conclusive: Provided, That this shall not apply where a person intends to adopt a child under Article 7 (1) 2. |
| (2) | A child shall be transferred in the Republic of Korea unless there is a compelling reason not to do so, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 16 (Provision of Post Adoption Services) |
| (1) | For mutual adaptation between adoptive parents and adopted children during a period prescribed by Presidential Decree after the adoption is established, the Minister of Health and Welfare shall receive and verify a report on children’s adaptation prepared by the relevant Central Authority in cooperation with the Central Authority of a country of adoption. |
| (2) | The Minister of Health and Welfare shall verify whether a child who has left the Republic of Korea after becoming an adopted child has acquired the nationality of a country of adoption, in cooperation with the Central Authority of the country of adoption. |
| (3) | Where the Minister of Health and Welfare verifies the acquisition of the nationality of a child under paragraph (2), he or she shall notify the Minister of Justice of such fact, as prescribed by Ordinance of the Ministry of Health and Welfare, and the Minister of Justice shall notify the family register office having jurisdiction over the place of registration of the ex officio cancellation of such nationality under the Nationality Act. |
| (4) | For adopted children and their adoptive families under this Act, the Minister of Health and Welfare may implement projects prescribed by Presidential Decree, such as projects for supporting the sharing of information between adopted families and their mutual cooperation, visiting the mother country, training the mother language, and operating counseling programs. |
| (5) | The Minister of Health and Welfare may provide the following post adoption services to help overseas adoptees who are or were Korean nationals to overcome a crisis and settle down: |
| 1. | Support for sojourn and the recovery of nationality; |
| 2. | Education on employment; |
| 3. | Support for the linkage of necessary social welfare services and settlement; |
| 4. | Support for medical care, dwelling, and livelihood of an adoptee in crisis, such as compulsory repatriation; |
| 5. | Other projects deemed necessary by the Minister of Health and Welfare for persons adopted pursuant to this Act. |
| Article 17 (Disclosure of Information on Adoption) |
| (1) | A person who has been adopted under this Act may request the disclosure of his or her information on adoption from the president of the National Center for the Rights of the Child: Provided, That where a person who has been adopted under this Act is a minor, he or she shall obtain consent thereto from his or her adoptive parents. |
SECTION 2 Adoption to the Republic of Korea
| Article 18 (Eligibility for Adopted Children) |
A child to be adopted under this Section shall be a child recognized to be eligible for an adopted child by the Central Authority of a country of origin.
| Article 19 (Eligibility for Adoptive Parents) |
| Article 20 (Application for Adoption) |
| (1) | A person intending to be an adoptive parent under this Section shall file an application with the Minister of Health and Welfare, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | The Minister of Health and Welfare upon receipt of an application under paragraph (1) shall provide counseling services, conduct surveys on the family environment, etc., and prepare a report thereon and may request the relevant person to submit necessary data, as prescribed by Ordinance of the Ministry of Health and Welfare, in order to verify whether the person intending to be an adoptive parent meets the eligibility under Article 19. |
| (3) | A person intending to be an adoptive parent shall conscientiously cooperate in counseling services and surveys on the family environment under paragraph (2), and shall not falsify, conceal, or exaggerate the fact nor submit false documents. |
| (4) | The Minister of Health and Welfare shall send information on a person who deems that the eligibility for adoptive parents is met, to the Central Authority of a country of origin. |
| Article 21 (Consultation between Central Authorities) |
| (1) | The Minister of Health and Welfare upon receipt of a report, etc. on a child to be adopted from the Central Authority of a country of origin shall verify the intention of a person intending to be an adoptive parent to consent to the adoption of the relevant child, and shall forward such fact to the Central Authority of the country of origin. |
| (2) | Where any of the following circumstances occurs, the Minister of Health and Welfare shall discontinue the process of adoption procedures; in such cases, the Minister of Health and Welfare may request cooperation from the relevant agencies, including the Ministry of Justice, in order to verify whether there is any ground falling under subparagraph 3: |
| 1. | Where a person intending to be an adoptive parent withdraws his or her intention of adoption; |
| 2. | Where any suspicious circumstance occurs regarding the eligibility of a child for whom a relationship is established or a person intending to be an adoptive parent; |
| 3. | Where the child fails to or is not expected to meet the qualification for entry or have the status of stay under the Immigration Act; |
| 4. | Where other circumstances prescribed by Ordinance of the Ministry of Health and Welfare occurs to the effect that intercountry adoption is inappropriate for the welfare of the child. |
| (3) | Where the Minister of Health and Welfare discontinues the progress of adoption procedures under paragraph (2), he or she shall inform the Central Authority of the country of origin of such fact and return a report, etc. on a child to be adopted under paragraph (1). |
| (4) | Where the Minister of Health and Welfare is notified of the discontinuance of the process of adoption procedures by the Central Authority of the country of origin, he or she shall discontinue the process of adoption procedures and return a report, etc. on a child to be adopted under paragraph (1). |
| Article 22 (Effectuation of Adoption Established in Country of Origin) |
| (1) | Where an adoption under this Section is established by the adoption trial of a country of origin which is a Contracting State of the Convention or by the approval from other competent authorities, it shall also take effect in the Republic of Korea under the law of the country of origin: Provided, That even if the adoption established in the country of origin has no effect of terminating the existing child-parent relationship, and if the birth parents consent to the termination of the existing child-parent relationship based on adoption, the Family Court having jurisdiction over the place of domicile of the adoptive parent may take a trial to convert the adoption established in the country of origin to the full adoption upon a request from the adoptive parent to change the effect of the adoption to the full adoption, and the full adoption shall take effect if the trial becomes final and conclusive. |
| (2) | Where an adoption under this Section is established by the adoption trial of a country of origin which is a non-Contracting State of the Convention, it shall also take effect in the Republic of Korea under the law of the country of origin if the requirements under Article 217 of the Civil Procedure Act are met. |
| (3) | Where an adoption is established by means other than the adoption trial in a country of origin which is a non-Contracting State of the Convention, permission for adoption or full adoption shall take effect respectively, at the same time the permission for adoption or full adoption is obtained from the Family Court having jurisdiction over the place of domicile of an adoptive parent. |
| (4) | Where an adoption takes effect pursuant to paragraphs (1) through (3), the adoptive parent or adopted child shall file a report as prescribed by the Act on Registration of Family Relations, along with a certificate of adoption in compliance with the Convention under Article 30 (1), a certificate of adoption in compliance with the Convention or a certificate of adoption issued by the country of origin, or a written judgment on permission for adoption from the Family Court. |
| (5) | Matters necessary for the procedures for and examination, etc. of a trial on conversion under the proviso of paragraph (1) and a trial under paragraph (3) shall be prescribed by the Supreme Court Regulations. |
| Article 23 (Effectuation of Adoption Established in the Republic of Korea) |
Where a child to be adopted enters the Republic of Korea for adoption and obtains permission for adoption or full adoption from the Family Court according to the procedures prescribed in this Section, such permission shall take effect respectively. In such cases, the adoptive parents or adopted child shall file a report as prescribed by the Act on Registration of Family Relations, along with a permit of the Family Court.
| Article 24 (Post Adoption Services) |
| (1) | For mutual adaptation between adoptive parents and adopted children during a period prescribed by Presidential Decree 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 in cooperation with the Central Authority of a country of origin. |
| (2) | Where the Central Authority of the country of origin makes another request in addition to the preparation of a report on children's adaptation referred to in paragraph (1), the Minister of Health and Welfare may accept the request in consultation with the relevant Central Authority. |
| (3) | The Minister of Health and Welfare may provide necessary support, such as offering of counseling and information, for an adopted child to acquire Korean nationality. |
| Article 25 (Revocation of Adoption) |
| (2) | The Family Court shall hear and respect the opinions of an adopted child, for whom the request for revocation of adoption is filed. |
| (3) | When a judgment on the request for revocation of adoption becomes final and conclusive, the Family Court shall without delay notify such fact to the Minister of Health and Welfare and the head of a Si/Gun/Gu having jurisdiction over the place of domicile of the adopted child. |
| (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, the parenting competency of adoptive parents, and other circumstances. |
CHAPTER III SUPPLEMENTARY PROVISIONS
| Article 26 (Protective Measures) |
| (1) | Where the adoption of a child adopted to a foreign country is revoked, the Minister of Health and Welfare shall require the child to return to the Republic of Korea or take necessary measures for the welfare of the child, in cooperation with the Central Authority of the country of adoption. |
| (2) | Where the adoption of a child adopted to the Republic of Korea is revoked pursuant to Article 25 or where the adoption procedures do not proceed for the child entering the Republic of Korea after a decision is made to entrust the child to a person intending to be an adoptive parent under Article 17 of the Convention prior to the permission for adoption by the country of origin, the Minister of Health and Welfare shall notify the Central Authority of the country of origin of such fact and devise protective measures for the child in cooperation with the relevant Central Authority. |
| Article 27 (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 business affairs related to adoption in the integrated child information system. |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), the head of a Si/Gun/Gu, the head of a child rearing facility, a temporary protection facility for children, or a communal home under Article 52 (1) 1, 2, or 4 of the Child Welfare Act that protects a child to be adopted who is transferred by the State or a local government pursuant to Article 13 (3) of the Special Act on Domestic Adoption, the head of a foster care center under Article 48 of the Child Welfare Act that manages the relevant foster home, or the head of a social welfare corporation prescribed by Ordinance of the Ministry of Health and Welfare shall enter information on a child, including the background and special needs of the child to be adopted, in the integrated child information system. |
| (3) | The head of a social welfare corporation or organization entrusted with the business affairs pursuant to Article 32 shall enter information on the business affairs related to adoption in the integrated child information system. |
| (4) | Matters necessary for the scope of information and methods, etc. for entering and managing information under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 28 (Request for Cooperation from Relevant Institutions) |
| (1) | If necessary to perform the business affairs under this Act, the Minister of Health and Welfare, the Mayor/Do Governor, the head of a Si/Gun/Gu, and the president of the National Center for the Rights of the Child may request the provision of data from the relevant central administrative agencies, local governments, police agencies, public institutions, child welfare facilities under the Child Welfare Act (hereinafter referred to as "child welfare facility"), social welfare corporations or organizations, etc. In such cases, an institution upon receipt of the request shall comply with such request, unless there is a compelling reason not to do so. |
| (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 29 (Duty of Confidentiality) |
A person who engages or engaged in the National Center for the Rights of the Child, a child welfare facility, an institution that protects a child before adoption under Article 13 (3) of the Special Act on Domestic Adoption, or a social welfare corporation or organization entrusted with the business affairs under Article 32, and a person who protects or protected a child before adoption under Article 13 (3) of the Special Act on Domestic Adoption shall not divulge any confidential information acquired in the course of performing the business affairs under this Act: Provided, That this shall not apply to the disclosure of information on adoption under Article 17.
| Article 30 (Issuance of Certificate of Adoption in Compliance with the Convention) |
| (1) | The Minister of Health and Welfare may issue a certificate of adoption in compliance with the Convention under Article 23 (1) of the Convention with regard to the adoption made with a Contracting State of the Convention in accordance with the procedures under the Convention. |
| (2) | Matters necessary for the details of a certificate, procedures for issuance, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 31 (Cooperation with Foreign Countries) |
| (1) | The State may enter into a bilateral or multilateral agreement with the Contracting States or non-Contracting States of the Convention, if necessary for proceeding with the adoption procedures that put the highest priority on the rights and interests of the children to be adopted. |
| (2) | Matters to be included in an agreement under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 32 (Entrustment of Business Affairs) |
| (1) | The Minister of Health and Welfare may entrust the business affairs under Articles 7 (3), 20 (1) and (2), and 24 to the National Center for the Rights of the Child and 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) | The Minister of Health and Welfare may subsidize a social welfare corporation or organization to cover the expenses incurred in performing its business affairs under paragraph (1), within the budget. |
| (4) | Details necessary for entrustment under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 33 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
CHAPTER IV PENALTY PROVISIONS
| Article 34 (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: |
| 2. | A person who adopts a child without permission from the court in violation of Article 12 (1) or who adopts a child without the eligibility for adopted child under Article 18; |
| 3. | A person who uses the provided data for any purpose other than the performance of business affairs under this Act, in violation of Article 28 (2); |
| 4. | A person who divulges confidential information acquired in the course of performing his or her business affairs, in violation of the main clause of Article 29. |
| (2) | A person who distorts, conceals, or exaggerates a fact or submits a false document in violation of Article 20 (3) shall be punished by a fine not exceeding five million won. |
| Article 35 (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 34 in conducting the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine prescribed in that Article in addition to punishing the violators accordingly: Provided, That this shall not apply where the corporation or individual has not been negligent in taking due care or supervision over the relevant business affairs in order to prevent such violation.
ADDENDA <Act No. 19553, Jul. 18, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation.
Article 2 (Applicability to Disclosure of Information on Adoption)
The amended provisions of Article 17 shall also apply to persons who has been adopted before this Act enters into force. Article 3 (General Transitional Measures)
Any dispositions, procedures, and other acts taken or conducted under the Civil Act or the previous Act on Special Cases concerning Adoption as at the time this Act enters into force shall be deemed taken or conducted under the corresponding provisions of this Act, if such provisions exist herein. Article 4 (Transitional Measures concerning Eligibility for Adoptive Parents)
Article 5 (Transitional Measures concerning Establishment of Relationship)
Where an adoption agency under the previous Act on Special Cases concerning Adoption has decided on prospective adoptive parent suitable for a child to be adopted as at the time this Act enters into force, the relationship shall be deemed established under Article 10. Article 6 (Transitional Measures concerning Adoption Agency)
A social welfare corporation permitted by an adoption agency under the previous Act on Special Cases concerning Adoption shall be deemed a social welfare corporation that has facilities, employees, etc. necessary for performing the entrusted business affairs under the amended provisions of Article 32 (1). Article 7 (Transitional Measures concerning Permission by Family Court)
Article 8 (Transitional Measures concerning Applications by Prospective Adoptive Parent)
Applications, surveys, counseling, etc. regarding a person intending to be an adoptive parent of a child who has his or her habitual residence in a foreign country under the Civil Act or the previous Act on Special Cases concerning Adoption as at the time this Act enters into force shall be deemed filed or conduced pursuant to this Act. Article 9 (Relationship to Other Statutes or Regulations)
Any citation of the Civil Act or the Act on Special Cases concerning Adoption or the provisions thereof by other statutes and regulations as at the time this Decree enters into force shall be deemed a citation of this Act or the relevant provisions thereof in lieu of the previous provisions, if such relevant provisions exist herein.