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STATUTES

THE REPUBLIC OF KOREA

Volume

MOTHER AND FATHERLESS CHILD WELFARE ACT

Act No. 4121, Apr. 1, 1989

Amended by Act No. 5358, Aug. 22, 1997

Act No. 5453, Dec. 13, 1997

Act No. 5454, Dec. 13, 1997

Act No. 5612, Dec. 30, 1998

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

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

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

Article 3 (Effort for Self-Sustenance)

Article 1 ~ 3

The mother and child of a mother and child home shall make efforts for the self-support and improvement of their lives by making the utmost use of their assets and working ability.

Article 4 (Definitions)

(1) For the purpose of this Act, the term “mother” means a person who brings up a child or children, and falls under any of the following subparagraphs: <Amended by Act No. 5454, Dec. 13, 1997>

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 a mental or physical impediment;

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

4. A woman corresponding to one of subparagraphs 1 through 3, asprescribed by the Ordinance of the Ministry of Health and Welfare.

(2) For the purpose of this Act, the term “mother and 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

Article 4

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 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 child welfare organization” means any institution or organization established for the purpose of promoting the welfare of a mother and 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. <Amended by Act No. 5454, Dec. 13, 1997>

Article 6 Deleted. <by Act No. 5612, Dec. 30, 1998>

Article 7 (Mother and Child Welfare Consultation Office)

(1) In order to provide consultation or guidance with regard to mother and child welfare, the Special Metropolitan City Mayor, the Metropolitan City Mayor, Do governor (hereinafter referred as the “Mayor/Do governor”), and the head of Si/Gun/Gu (limited to an autonomousGu; hereinafter the same shall apply) may establish a consultation office for mother and child

Article 5 ~ 7

welfare in his jurisiction. In this case, the hea of Si/Gun/Gu shall obtain approval of the Mayor/Do governor. <Amended by Act No. 5454, Dec. 13, 1997>

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

Article 8 (Mother and Child Welfare Consultant)

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

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

Article 9 (Support of Mother and Child Welfare Organization)

The State or local government may support and promote the mother and child welfare organization.

CHAPTER Ⅱ SUBSTANCE AND IMPLE MENTATION OF WELFARE

Article 8 ~ 9

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. <Amended by Act No. 5454, Dec. 13, 1997>

(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 Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5454, Dec. 13, 1997>

Article 11 (Application for Welfare Benefit)

(1) Any person to be protected, or his relative or another interested person, may apply for welfare benefits as prescribed in Article 12

Article 10 ~ 11

to the competent head of Si/Gun/Ku.

(2) Matters necessary for the method and procedure of application forwelfare benefits under paragraph (1) and the scope of interested persons shall be determined by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5454, Dec. 13, 1997>

Article 12 (Substance of Welfare Benefits)

(1) The State or local government may, upon receiving an application for welfare benefits 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 benefits 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;

4. Expenses for bringing up children; and

5. Other expenses as prescribed by the Presidential Decree.

(2) The welfare benefits under paragraph (1) shall be granted on such a period

Article 12

unit as prescribed by the Ordinance of the Ministry of Heath and Welfare. <Newly Inserted by Act No. 5612, Dec. 30, 1998>

Article 13 (Lending of Welfare Fund)

(1) In order to promote the living stability and self-support of the mother and 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 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 children of a mother and child home, the State or local government shall conduct a proper vocational training and facilitate job placement.

Article 13 ~ 14

(2) The State or local government shall make efforts to have the mother and children of a mother and 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 permission to install various stands and equipment in a public facility, he may give such permission to a mother and child home or mother and 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 child homes may be given priority to use the convenience facilities for children and other public facilities.

Article 17 (Technical Public Welfare Service)

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

Article 18 (Installment Sales and Lease of National Housing)

When the State or local government sells in installment or leases national housing

Article 15 ~ 18

pursuant to the Housing Construction Promotion Act, it shall make efforts so that a specified percentage of national housing is allotted preferentially to the mother and child home.

CHAPTER Ⅲ MOTHER AND CHILD WELFARE FACILITIES

Article 19 (Mother and Child Welfare Facilities)

(1) The mother and child welfare facilities shall be as follows: <Amended by Act No. 5612, Dec. 30, 1998>

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

2. Mother and child self-supporting facilities: facilities the purpose of which is to provide any mother and child home in difficulty only with the convenience of housing for a specified period;

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

Article 19

as 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 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 child homes and unmarried women, such as holding various consultations for mother and child homes and unmarried women, giving guidance about lifestyles and occupations, day care, vocational guidance, etc.; and

6. Consultation offices for mother and child homes: facilities the purpose of which is to carry out consulting services concerning the investigation of and guidance and admission to welfare facilities for mother and child homes.

(2) Matters necessary for the period of protection in mother and child welfare facilities and the extension of such period under paragraph (1) 1 through 4 shall be prescribed by the Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 5612, Dec. 30, 1998>

Article 20 (Establishment of Mother and Child Welfare Facilities)

(1) The State or

Article 20

local govenment may establish the mothe and child welfae facilities.

(2) Where a person other than the State or local governments intends to establish and operate mother and child welfare facilities, he shall report to the head of Si/Gun/Ku. <Amended by Act No. 5612, Dec. 30, 1998>

(3) Matters necessary for the equipment standards of the mother and child welfare facility and the permission of establishment thereof shall be prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5358, Aug. 22, 1997; Act No. 5454, Dec. 13, 1997>

Article 21 (Discontinuance or Suspension)

Where the person who has reported on the establishment of mother and child welfare facilities under Article 20 (2) intends to discontinue or suspend the operation of such facilities, he shall report in advance to the head of Si/Gun/Gu under the conditions as prescribed by the Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5612, Dec. 30, 1998>

Article 22 (Liability for Trust)

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

Article 21 ~ 22

Article 23 (Supervision)

(1) The Minister of Health and Welfare, the Mayor/Do governor, or the head of Si/Gun/Gu may have the person who establishes and operates mother and child welfare facilities make a report necessary for the facilities, and have the public officials concerned investigate the operational situation of the facilities or examine other documents such as books. <Amended by Act No. 5454, Dec. 13, 1997; Act No. 5612, Dec. 31, 1998>

(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 (Closing of Facility, etc.)

Where any mother and child welfare facilities fall under any of the following subparagraphs, the head of Si/Gun/Gu may order suspension or discontinuance of the services, or close the facilities: <Amended by Act No. 5358, Aug. 22, 1997; Act No. 5612, Dec. 30, 1998>

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

Article 23 ~ 24

23 (1) without justifiab reason, or make a false report, or refuse or evade the investigation and inspection.

Article 24-2 (Hearing)

If the head of Si/Gun/Gu intends to order discontinuance of the services or close the facilities under Article 24, he shall hold a hearing. <Amended by Act No. 5612, Dec. 30, 1998>

[This Article Newly Inserted by Act No. 5453, Dec. 13, 1997]

CHAPTER Ⅳ EXPENSES

Article 25 (Subsidizing of Expenses)

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

Article 26 (Return Order of Subsidy)

Where the head of a mother and 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;

Article 24-2 ~ 26

2. Where he receives the subsidy falsely or in any other unlawful way;

3. Where he performs an act contriving any personal profit in operating the mother and 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)

(1) If a person to be protected or his relative or another interested person is dissatisfied with any welfare benefits as prescribed by this Act, he may request a review in writing to the welfare operation institution concerned within ninety days after he is notified of the decision. <Amended by Act No. 5612, Dec. 30, 1998>

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

Article 29 (Penal Provisions)

Article 27 ~ 29

(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 three million won: <Amended by Act No. 5358, Aug. 22, 1997; Act No. 5612, Dec. 30, 1998>

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

2. A person who continues to operate projects after receiving an order to close the facilities or suspend or discontinue the projects 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 of a corporation or individual commits an offense as prescribed in Article 29 with respect to affairs of the corporation or individual, the 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 Welfare or the Mayor/Do governor may delegate part of his authority vested under this Act to the head of Si/Gun/Gu under the conditions as prescribed by the Presidential

Article 30 ~ 31

Decree. <Amended by Act No. 5454, Dec. 13, 1997>

ADDENDA

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

(2) (Transitional Measures concerning Mother and Child Protection Facilities, etc.) The mother and 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 child welfare facilities established with permission under this Act.

ADDENDA <Act No. 5358, Aug. 22, 1997>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1998. (Proviso Omitted.)

Articles 2 through 9 Omitted.

ADDENDA <Act No. 5453, Dec. 13, 1997>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

Article 2 (Transitional Measure pursuant to Amendment of Grassland

Addenda

Act)

(1) and (2) Omitted.

(3) From the enforcement date of this Act till June 30, 1998, the term “closedown of the facility” in the amended provisions of Article 24-2 of the Mother and Child Welfare Act is regarded as “cancellation of permission”.

(4) through (8) Omitted.

ADDENDUM <Act No. 5454, Dec. 13, 1997>

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

ADDENDA <Act No. 5612, Dec. 30, 1998>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

Article 2 (Transitional Measure on Change of Name of Women’s Welfare Halls, etc.)

The women’s welfare halls and women’s consultation offices established under the previous provisions at the time of the entry into force of this Act shall be considered as the women’s welfare halls

Addenda

and consultation offices for mother and child homes under the amendment to Article 19.

Article 3 (Transitional Measures on Penal Provisions)

The application of penal provisions to any act committed prior to the entry into force of this Act shall be governed by the previous provisions.

Addenda

MOTHER AND FATHERLESS CHILD WELFARE ACT
- Articles
- Addenda

1. 한부모가족지원법

2025-10-01 / 제21065호 / 시행 2025-10-01
SINGLE-PARENT FAMILY SUPPORT ACT

2. 한부모가족지원법

2024-12-03 / 제20548호 / 시행 2024-12-03
SINGLE-PARENT FAMILY SUPPORT ACT

3. 한부모가족지원법

2023-07-18 / 제19555호 / 시행 2025-07-19
SINGLE-PARENT FAMILY SUPPORT ACT

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
SINGLE-PARENT FAMILY SUPPORT ACT

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
SINGLE-PARENT FAMILY SUPPORT ACT

19. 한부모가족지원법

2010-01-18 / 제9932호 / 시행 2010-03-19
SINGLE-PARENT FAMILY SUPPORT ACT

20. 한부모가족지원법

2009-10-09 / 제9795호 / 시행 2009-10-09
SINGLE-PARENT FAMILY SUPPORT ACT

21. 한부모가족지원법

2008-02-29 / 제8852호 / 시행 2008-02-29
SINGLE-PARENT FAMILY SUPPORT ACT

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
SINGLE-PARENT FAMILY WELFARE ACT

24. 모·부자복지법

2002-12-18 / 제6801호 / 시행 2003-06-19
SINGLE-PARENT FAMILY WELFARE ACT

25. 모자복지법

1999-09-07 / 제6024호 / 시행 2000-10-01
MOTHER AND FATHERLESS CHILD WELFARE ACT

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