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STATUTES

THE REPUBLIC OF KOREA

Volume

MOTHER AND FATHERLESS CHILD WELFARE ACT

Act No. 4121, Apr. 1, 1989

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to enable a mother and fatherless child family to lead a sound and cultural life, and to contribute thereby to the living stabilization and welfare of mother and fatherless child homes.

Article 2 (Responsibility of State, etc.)

(1) The State and local governments shall be responsible for promoting the welfare of the mother and fatherless child home.

(2) All citizens shall cooperate with the promotion of the welfare of the mother and fatherless child home.

Article 3 (Effort for Self-Sustenance)

The mother and fatherless child of a mother and fatherless child home shall strive for the self-support and improvement of their lives by making the utmost use of assets, working ability, etc. possessed by them.

Article 1 ~ 3

Article 4 (Definitions)

(1) For the purpose of this Act, the term “mother” means a person who brings up not less than one child, and falls under any of the following subparagraphs:

1. A woman who is bereaved of, divorced from, or abandoned by, her husband;

2. A woman having a spouse who has been unable to work for a long time due to mental or physical impediment;

3. An unmarried woman (excluding any woman having a de facto marital relation); and

4. A woman who is corresponding to one as referred to in subparagraphs 1 through 3, and who is prescribed by the Ordinance of the Ministry of Health and Welfare.

(2) For the purpose of this Act, the term “mother and fatherless child home” means a home in which the mother as referred to in paragraph (1) is the head of the household (including a person who is not the head of a household, but supports, in fact, members of a household).

(3) For the purpose of this Act, the term “children” means those who are under eighteen years of age (in case of school children, under twenty years of age), and who are brought up by the mother as referred to in paragraph (1).

(4) For the purpose

Article 4

of this Act, the term “protecting authority” means the State or local governments providing the protection as prescribed by this Act.

(5) For the purpose of this Act, the term “mother and fatherless child welfare organization” means any institution or organization established for the purpose of promoting the welfare of a mother and fatherless child home.

Article 5 (Scope of Persons to be Protected)

Those who are to be protected under this Act, shall be those who fall under Article 4 (1) through (3) and are prescribed by the Ordinance of the Ministry of Health and Welfare.

Article 6 (Mother and Fatherless Child Welfare Committee)

(1) In order to deliberate matters necessary for the planning, researching, executing, etc. of projects pertaining to the welfare of a mother and fatherless child home, the mother and fatherless child welfare committee may be established in the Ministry of Health and Welfare, the Seoul Special Metropolitan City, Metropolitan Cities Dos and Shis/Kuns/Kus.

(2) The organization, operation and matters subject to deliberation of the mother and fatherless child welfare committee as referred to in paragraph (1) and other necessary matters shall be determined by the Presidential Decree.

Article 7 (Mother and Fatherless Child Welfare Consultation Office)

Article 5 ~ 7

(1) In order to give a consultation about or guidance for matters on the mother and fatherless child welfare, the mayor of the Seoul Special Metropolitan City Mayor, Metropolitan City Mayor and Do governor (hereinafter referred to as the “Mayor/Do governor”) and the head of Si/Gun/Gu (limited to the Kus of the Seoul Special Metropolitan City or Metropolitan City; hereinafter the same shall apply) may establish a mother and fatherless child consultation office in the area under his jurisdiction. In this case, the head of Si/Gun/Gu shall obtain an approval of the Mayor/Do governor.

(2) Matters necessary for the organization, operation, etc. of the mother and fatherless child welfare consultation office shall be determined by the Presidential Decree.

Article 8 (Mother and Fatherless Child Welfare Consultant)

(1) The mother and fatherless child welfare consultants shall be assigned to the Seoul Special Metropolitan City, Metropolitan Cities, Dos, Shis/ Kuns/Kus and mother and fatherless child welfare consultation offices as prescribed in Article 7.

(2) Matters necessary for the qualification and duties of the mother and fatherless child welfare consultant shall be determined by the Presidential Decree.

Article 9 (Support of Mother and Fatherless Child Welfare Organization)

The State or local

Article 8 ~ 9

government may support and promote the mother and fatherless child welfare organization.

CHAPTER Ⅱ SUBSTANCE AND IMPLEMENTATION OF WELFARE

Article 10 (Investigation, Report, etc. of Persons to be Protected)

(1) The head of Si/Gun/Gu shall investigate once or more times each year those who are to be protected in the area under his jurisdiction.

(2) When the head of Si/Gun/Gu has investigated the persons to be protected under paragraph (1), he shall make a report on the result of the investigation to the Mayor/Do governor.

(3) The Mayor/Do governor shall, upon receiving the report under paragraph (2), report it to the Minister of Health and Welfare.

(4) The protecting authority shall prepare and keep a register pertaining to the actual situation of those to be protected and the protected persons.

(5) Matters necessary for the investigation, report and register as referred to in paragraphs (1) through (4) shall be determined by the

Article 10

Ordinanc of th Ministry of Halth and Wlfar.

Article 11 (Application for Welfare Benefit)

(1) Any person to be protected or his relative or other interested person may apply for the welfare benefit as prescribed in Article 12 to the competent head of Si/Gun/Ku.

(2) Matters necessary for the method and procedure of application for the welfare benefit under paragraph (1) and the scope of interested person shall be determined by the Ordinance of the Ministry of Health and Welfare.

Article 12 (Substance of Welfare Benefit)

The State or local government may, upon receiving an application for the welfare benefit under Article 11, grant the following welfare benefits: Provided, That if a person who is to be protected under this Act, is protected under other Acts and subordinate statutes such as the Livelihood Protection Act, the benefit as prescribed by this Act shall not be granted within the limit as prescribed by such Acts and subordinate statutes:

1. Cost of living;

2. Expenses for assistance to the education of children;

3. Vocational training expenses and living cost during the training period;

Article 11 ~ 12

4. Expenses for bringing up children; and

5. Other expenses as prescribed by the Presidential Decree.

Article 13 (Lending of Welfare Fund)

(1) In order to promote the living stability and self-support of mother and fatherless child home, the State or local government may lend the following funds:

1. Funds needed for projects;

2. Expenses for the education of children;

3. Medical expenses;

4. Housing funds; and

5. Other funds needed for the welfare of the mother and fatherless child home as prescribed by the Presidential Decree.

(2) The limit, method and procedure for lending the funds as referred to in paragraph (1) and other necessary matters shall be prescribed by the Presidential Decree.

Article 14 (Promotion of Employment)

(1) In order to encourage the employment of the mother and fatherless children of a mother and fatherless child home, the State or local

Article 13 ~ 14

government sha conduct a proper vocationa training and strive for the placement of employment.

(2) The State or local government shall make efforts to have the mother and fatherless children of a mother and fatherless child home employed preferentially in various business places.

Article 15 (Installation of Stands and Equipment in Public Facilities)

If the head of the public facility operated by the State or local government gives a permission to install various stands and equipment in the public facility, he may give such permission to a mother and fatherless child home or mother and fatherless child welfare organization in preference to others.

Article 16 (Preferential Utilization of Facilities)

The State or local governments shall make efforts so that the children of mother and fatherless child homes may be given priority to use the convenient facilities for children and other public facilities.

Article 17 (Technical Public Welfare Service)

The State or local governments shall strive to furnish the technical public welfare services for the mothers and children of mother and fatherless child homes.

Article 18 (Sail in Lots and Lease of National Housing)

Article 15 ~ 18

In the event that the national housing is sold in installments or leased under the conditions as prescribed by the House Construction Promotion Act, the State or local government shall make efforts so that a specified percentage of the national housing is sold in lots to preferentially mother and fatherless child home.

CHAPTER Ⅲ MOTHER AND FATHERLESS CHILD WELFARE FACILITIES

Article 19 (Mother and Fatherless Child Welfare Facilities)

The mother and fatherless child welfare facilities shall be as follows:

1. Mother and fatherless child protection facilities: facilities the purpose of which is to accommodate temporarily or for a specified period mother and fatherless child homes living in want, to protect thereby their livelihood, and to assist them so as to prepare their self-supporting bases after withdrawal from the facilities;

2. Mother and fatherless child self-supporting facilities: facilities the purpose of which is to provide any mother and fatherless child home in difficulties only with the convenience of housing;

3. Unmarried mother facilities: facilities the purpose of which is, if an

Article 19

unmarried woman is pregnant or has delivered a baby, to have the baby be delivered safely and protect her for a specified period until her mental and physical health has recovered;

4. Temporary protection facilities: facilities the purpose of which is to protect temporarily or for a specified period a mother and her children or a mother, if there is a spouse (including any person having a de facto marital relation), but the sound upbringing of the children or the health of the mother might be impeded by any physical and mental maltreatment by that spouse;

5. Women’s welfare halls: facilities the purpose of which is to provide all conveniences for the welfare of mother and fatherless child homes, such as holding various consultations about the mother and fatherless child homes, giving guidance about lifestyles and occupations, nursing services, vocational guidance, etc.; and

6. Women’s consultation offices: facilities the purpose of which is to carry out consulting services concerning the investigation on, guidance and admission to welfare facilities, etc. for the mother and fatherless child homes.

Article 20 (Establishment of Mother and Fatherless Child Welfare Facilities)

(1) The State or local government may establish the mother and fatherless child welfare facilities.

Article 20

(2) The social welfare corporation and other nonprofit corporation may establish the mother and fatherless child welfare facilities with the permission of the Mayor/Do governor.

(3) Matters necessary for the equipment standards and the establishment permission of the mother and fatherless child homes shall be determined by the Ordinance of the Ministry of Health and Welfare.

Article 21 (Discontinuance or Suspension)

If a social welfare corporation or other nonprofit corporation desires to discontinue or suspend the operation of mother and fatherless child welfare facilities established under Article 20, it shall report it in advance to the Mayor/Do governor under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare.

Article 22 (Liability for Trust)

When a person who establishes and operates mother and fatherless child welfare facilities, is entrusted with the use of the mother and fatherless child welfare facilities by the Mayor/Do governor or the head of Si/Gun/ Gu, he shall not refuse it without any justifiable reason.

Article 23 (Supervision)

(1) The Minister of Health and Welfare or the Mayor/Do governor may have the person who establishes and operates mother and fatherless

Article 21 ~ 23

child welfare facilitie, make a report neceary for the facilities and have the public officials concerned investigate the operational situation of the facilities or examine other documents, such as books, etc..

(2) When a public official concerned performs his duties under paragraph (1), he shall present a certificate indicating his competence to interested persons.

Article 24 (Revocation, etc. of Permission)

If any mother and fatherless child welfare facilities fall under any of the following subparagraphs, the Mayor/Do governor may order a suspension or discontinuance of the services, or revoke the permission as prescribed in Article 20 (2):

1. Where the facilities cease to conform to the equipment standards under Article 20 (3);

2. Where the facilities violate the provisions of Article 22; and

3. Where the facilities fail to submit a report as prescribed in Article 23 (1) without any justifiable reason, or make a false report, or refuse or evade the investigation and inspection.

CHAPTER Ⅳ EXPENSES

Article 25 (Subsidizing of Expenses)

The State or local

Article 24 ~ 25

governments may subsidize expenses needed for the mother and fatherless child welfare projects under the conditions as prescribed by the Presidential Decree.

Article 26 (Return Order of Subsidy)

If the head of a mother and fatherless child welfare facility or organization falls under any of the following subparagraphs, the State or local government may order him to return the whole or part of subsidy already delivered:

1. Where he is in contravention of the conditions and terms of the delivery of subsidy;

2. Where he received the subsidy by deceit or in other unlawful way;

3. Where he performs an act contriving any personal profit in operating the mother and fatherless child welfare facilities; and

4. Where he violates this Act or an order issued under this Act.

CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS

Article 27 (Prohibition of Seizure)

Any money and articles paid or provided under this Act and the right to receive them shall not be seized.

Article 28 (Request for Review)

Article 26 ~ 28

(1) If a person to be protected or his relative or other interested person is dissatisfied with any welfare benefit, etc. as prescribed by this Act, he may request in writing a review to the welfare operation institution within thirty days after he is notified of the decision.

(2) The welfare operation institution shall, upon receiving a request for review under paragraph (1), examine and decide it within thirty days, and notify it to the requesting person.

Article 29 (Penal Provisions)

(1) Any person who falls under any of the following subparagraphs, shall be punished by imprisonment for not more than one year or a fine not exceeding one million won:

1. A person who establishes the mother and fatherless child welfare facilities without obtaining a permission under Article 20 (2); and

2. A person who continues to operate projects after receiving an order to suspend or discontinue the projects, or the permission is revoked under Article 24.

(2) Any person who violates the provisions of Article 22, shall be punished by a fine not exceeding one million won.

Article 30 (Joint Penal Provisions)

If the representative of a corporation or an agent, employee or other servant

Article 29 ~ 30

of a corporation or individual commits an offense as prescribed in Article 29 with respect to affairs of the corporation or individual, the penalty of fine as prescribed in respective Articles shall also be imposed on such corporation or individual in addition to punishment of the offender.

Article 31 (Delegation of Authority)

The Minister of Health and Wslfare or the Mayor/Do governor may delegate a part of his authority vested under this Act to the head of Si/Gun/Gu under the conditions as prescribed by the Presidential Decree.

ADDENDA

(1) (Enforcement Date) This Act shall enter into force on July 1, 1989.

(2) (Transitional Measures concerning Mother and Fatherless Child Protection Facilities, etc.) The mother and fatherless child protection facilities established under the Child Welfare Act at the time when this Act enters into force, shall be considered as the mother and fatherless child welfare facilities established with a permission under this Act.

Addenda

MOTHER AND FATHERLESS CHILD WELFARE ACT
- Articles
- Addenda
  - ADDENDA

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2. 한부모가족지원법

2024-12-03 / 제20548호 / 시행 2024-12-03
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3. 한부모가족지원법

2023-07-18 / 제19555호 / 시행 2025-07-19
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4. 한부모가족지원법

2023-04-11 / 제19340호 / 시행 2023-10-12
SINGLE-PARENT FAMILY SUPPORT ACT

5. 한부모가족지원법

2020-10-20 / 제17540호 / 시행 2020-10-20
SINGLE-PARENT FAMILY SUPPORT ACT

6. 한부모가족지원법

2018-12-18 / 제15989호 / 시행 2019-06-19
SINGLE-PARENT FAMILY SUPPORT ACT

7. 한부모가족지원법

2018-01-16 / 제15355호 / 시행 2018-07-17
SINGLE-PARENT FAMILY SUPPORT ACT

8. 한부모가족지원법

2017-12-12 / 제15212호 / 시행 2018-06-13
SINGLE-PARENT FAMILY SUPPORT ACT

9. 한부모가족지원법

2016-12-20 / 제14448호 / 시행 2016-12-20
SINGLE-PARENT FAMILY SUPPORT ACT

10. 한부모가족지원법

2016-03-02 / 제14069호 / 시행 2016-09-03
SINGLE-PARENT FAMILY SUPPORT ACT

11. 한부모가족지원법

2015-03-11 / 제13216호 / 시행 2015-09-12
SINGLE-PARENT FAMILY SUPPORT ACT

12. 한부모가족지원법

2014-01-21 / 제12330호 / 시행 2014-01-21
SINGLE-PARENT FAMILY SUPPORT ACT

13. 한부모가족지원법

2013-03-23 / 제11690호 / 시행 2013-03-23
SINGLE-PARENT FAMILY SUPPORT ACT

14. 한부모가족지원법

2013-03-22 / 제11674호 / 시행 2013-09-23
SINGLE-PARENT FAMILY SUPPORT ACT

15. 한부모가족지원법

2012-02-01 / 제11291호 / 시행 2012-08-02
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16. 한부모가족지원법

2011-04-12 / 제10582호 / 시행 2012-01-01
SINGLE-PARENT FAMILY SUPPORT ACT

17. 한부모가족지원법

2010-06-04 / 제10339호 / 시행 2010-07-05
SINGLE-PARENT FAMILY SUPPORT ACT

18. 한부모가족지원법

2010-05-17 / 제10302호 / 시행 2010-08-18
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19. 한부모가족지원법

2010-01-18 / 제9932호 / 시행 2010-03-19
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20. 한부모가족지원법

2009-10-09 / 제9795호 / 시행 2009-10-09
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21. 한부모가족지원법

2008-02-29 / 제8852호 / 시행 2008-02-29
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22. 모·부자복지법

2006-12-28 / 제8119호 / 시행 2007-03-29
SINGLE-PARENT FAMILY WELFARE ACT

23. 모·부자복지법

2005-03-24 / 제7413호 / 시행 2005-03-24
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24. 모·부자복지법

2002-12-18 / 제6801호 / 시행 2003-06-19
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25. 모자복지법

1999-09-07 / 제6024호 / 시행 2000-10-01
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26. 모자복지법

1998-12-30 / 제5612호 / 시행 1999-03-31
MOTHER AND FATHERLESS CHILD WELFARE ACT

27. 모자복지법

1997-12-13 / 제5454호 / 시행 1998-01-01
MOTHER AND FATHERLESS CHILD WELFARE ACT

28. 모자복지법

1997-12-13 / 제5453호 / 시행 1998-01-01
MOTHER AND FATHERLESS CHILD WELFARE ACT

29. 모자복지법

1997-08-22 / 제5358호 / 시행 1998-07-01
MOTHER AND FATHERLESS CHILD WELFARE ACT

30. 모자복지법

1989-04-01 / 제4121호 / 시행 1989-07-01
MOTHER AND FATHERLESS CHILD WELFARE ACT