| kwwa |
2002-10-28 15:12:06, 조회 : 82 |
Mother-Child Health Act
Wholly amended by Act No. 3824, May 10, 1986
Amended by Act No. 5859, Feb. 8, 1999
Article 1 (Purpose). The purpose of this Act is to contribute to the improvement of national health by protecting
the life and health of mothers and by striving for the delivery and rearing of healthy children.
Article 2 (Definitions). For the purpose of this Act, the definitions of terms shall be as follows.
1. The term "pregnant or nursing woman" means a woman who is pregnant or who is within 6 months after
her delivery
2. The term "infant" means a person who has not yet lived more than 6 years after his or her birth
3. The term "newborn baby" means an infant who has lived less than 28 days after its birth
4. The term "premature baby" means an infant born which has immature physical development, which is
below the standards as determined by the Presidential Decree;
5. The term "congenitally deformed baby" means an infant with a congenital deformity, disfigurement or
chromosome disorder, which is below the standards as determined by the Presidential Decree
6. The term "sterile operation" means an operation to make one unable to impregnate by means of the removal
of genital glands;
7. The term "contraceptive treatments" means any sterile operation and/or other treatments to prevent
conception for a specified period or longer by inserting any contraceptive pill or appliance in the human
body
8. The term "induced abortion operation" means an operation to remove artificially an embryo and its
appendage from the mother's body when the embryo is deemed unable to maintain its life outside mother's
body
9. The term "Mother-Child health services" means professional medical services for pregnant or
nursing women or infants so that they can maintain physical and mental health
10. The term "family planning services" means services to provide any professional medical services,
information, or education on conception control for the purpose of improving the health and welfare of the
family and
11. The term "Mother-Child health personnel" means those who have the licenses for doctor,
midwife and/or nurse or are qualified to be an assistant nurse and who are engaged in the mother and
fatherless child health services and family planning services.
Article 3 (Responsibility of State and Local Governments).
(1) The state and local governments shall take measures necessary for maintaining and
improving the health of mothers and infants.
(2) The state and local governments shall make efforts to contribute to the improvement of the
national health by taking into consideration policies of the mother and fatherless child health
services and family planning services.
Article 4 (Obligation of Mother, etc.).
(1) Mothers shall make efforts to maintain their health with a thorough understanding of it, and
take an interest in their health during pregnancy, delivery and nursing, etc.
(2) Persons with parental authority over infants, guardians of infants and other persons in
charge of protecting infants (hereinafter referred to as "protectors") shall make positive efforts
to maintain and improve the health of infants with a thorough understanding of childcare.
Article 5 (Establishment and Coordination of Service Schedule).
(1) The Minister of Health and Welfare shall integrate and coordinate various measures and
policies concerning the Mother-Child health services and the family planning
services and establish a basic plan for such services under the conditions as prescribed by
the Presidential Decree.
(2) The heads of the related central administrative agencies and local governments shall make
and implement detailed programs necessary for carrying out the basic plan as referred to in
paragraph (1).
Article 6 (Mother-Child Health Council).
(1) In order to deliberate on important matters concerning the Mother-Child health
services and family planning services in compliance with a request for advice and
consultation by the Minister of Health and Welfare, a mother and fatherless child health
council shall be established in the Ministry of Health and Welfare.
(2) Necessary matters related to the composition and operation of the mother and child
fatherless health council shall be determined by the Presidential Decree.
Article 7 (Establishment of Mother-Child Health Organizations).
(1) The state and local governments may establish and operate Mother-Child
health organizations to take charge of the following matters concerning the mother and
fatherless child health services and family planning services. In this case, if a local
government sets up a Mother-Child health organization, it shall, in principle,
be set up in the public health center established by the local government, and it shall deal
with the following matters.
1. Matters concerning antepartum, postpartum and childbirth care and emergency
measures for pregnant or nursing women
2. Matters concerning health care, vaccination, etc. of infants
3. Matters concerning contraceptive treatment
4. Matters concerning gynecological diseases and prevention of related diseases
5. Matters concerning the prevention of appearance and health care of mentally
and physically handicapped children, and
6. Matters concerning guidance, education, research, public relations, statistics
management, etc., pertaining to client's health.
(2) Matters necessary for the establishment of standards and operation of the mother and
fatherless child health organization as referred to in paragraph (1) shall be determined by the
Presidential Decree.
(3) The state may carry out matters as referred to in subparagraphs of paragraph (1) by
entrusting them to a medical or nonprofit corporation as prescribed by the Presidential
Decree.
Article 8 (Submission of Report, etc., by Pregnant or Nursing Woman).
(1) If a pregnant or nursing woman desires to be protected as such under this Act, she or her
protector shall report the fact of her pregnancy or delivery to a public health center or medical
institution (hereinafter referred to as "health institution") under the conditions as prescribed by
the Ordinance of the Ministry of Health and Welfare.
(2) The head of the health institution shall, upon receiving all reports as referred to in paragraph
(1), put them together, and report them to the head of city/county/urban district (refers to the
head of autonomous urban district. Hereinafter the same shall apply) under the conditions as
prescribed by the Ordinance of the Ministry of Health and Welfare.
(3) If a pregnant or nursing woman dies or has a stillbirth or a newborn baby dies in the health
institution, the head of the health institution shall report it to the head of city/county/urban
district under the conditions as prescribed by the Ordinance of the Ministry of Health and
Welfare.
(4) If a premature baby or a congenitally deformed baby is born in the health institution, the
head of the health institution shall report it to the head of the public health center under such
terms and conditions as the Ordinance of the Ministry of Health and Welfare may determine.
(5) The head of the public health center who has received a report on a premature baby or a
congenitally deformed baby referred to in paragraph (4) (hereinafter referred to as "premature
baby, etc.") shall transfer such birth report to the head of the public health center having
jurisdiction over the custodian's address where the custodian has no address within his
jurisdiction.
Article 9 (Issuance of Mother-Child Health Pocketbook).
(1) The head of city/county/urban district shall issue a mother and fatherless child health
pocketbook to pregnant or nursing women or infants reported under Article 8 (1).
(2) Matters necessary for the issue procedure, etc., of the Mother-Child health
pocketbook as referred to in paragraph (1) shall be determined by the Ordinance of the
Ministry of Health and Welfare.
Article 9-2 (Registration Cards for Premature Babies, etc.). The head of the public health center who has
received a birth report on a premature baby, etc., pursuant to Article 8 (4) and (5) shall prepare and
manage registration cards for premature babies, etc. under such terms and conditions as the
Ordinance of the Ministry of Health and Welfare may determine.
[This Article newly inserted by Act No. 5859, Feb. 8, 1999]
Article 10 (Health Care, etc. of Pregnant or Nursing Women and Infants).
(1) The head of city/county/urban district shall take appropriate measures necessary for the
health care of pregnant or nursing women and infants, such as conducting periodical health
checkups and vaccinations under the conditions as prescribed by the Presidential Decree,
having the Mother-Child health personnel call at their homes to conduct a
health diagnosis and treatment and so on.
(2) The head of city/county/urban district may render the following medical assistance to
pregnant or nursing women, infants, and premature babies, etc., who are in need of any
medical services.
1. Diagnosis
2. Provision of medicine or materials for medical treatment
3. Treatments, operations and other treatments
4. Accommodation in medical facilities
5. Nursing and
6. Transfer
Article 11 (Measures for Safe Delivery). If the head of city/county/urban district deems it necessary to send a
pregnant or nursing woman to a medical institution for her safe delivery and health, he shall do so,
and if she desires to deliver a baby in her home, the head of city/county shall have any mother and
fatherless child health personnel help with the delivery.
Article 12 (Distribution of Contraceptives and Contraception Services). The Minister of Health and Welfare or
the head of city/county/urban district may provide contraception services or distribute contraceptive
pills to those who desire it, under the conditions as prescribed by the Ordinance of the Ministry of
Health and Welfare.
Article 13 (Persons Qualified for Medical Services Contraception). No person other than doctor or midwife or
nurse who has completed the regular educational courses as prescribed by the Ordinance of the
Ministry of Health and Welfare may provide medical services for contraception. In this case,
medical services for contraception by midwife or nurse shall be limited to those included in the
scope recognized by the Minister of Health and Welfare.
Article 14 (Limited Permission of Induced Abortion Operation).
(1) A doctor may conduct an induced abortion operation with the consent of the pregnant
woman herself and her spouse (including a person having a de facto marital relation:
hereinafter the same shall apply) only in the following cases
1. Where she or her spouse suffers from any eugenic or genetic mental handicap
or physical disease as prescribed by the Presidential Decree
2. Where she or her spouse suffers from any infectious disease as prescribed by
the Presidential Decree
3. Where she is impregnated by rape or quasi-rape
4. Where pregnancy has taken place between blood relatives or matrimonial
relatives who are legally unable to marry and
5. Where the maintenance of pregnancy injures or might injure the health of the
pregnant woman for health or medical reasons.
(2) In the case as referred to in paragraph (1), if it is impossible to obtain the consent of the
spouse due to his death or disappearance, missing or by other unavoidable reasons, the
operation may be performed only with her consent.
(3) In the case as referred to in paragraph (1), if the woman or her spouse is unable to express
her or his intention by any mental or physical handicap, the consent by a person with
parental authority or by a guardian may be substituted for it as referred to in paragraph (1),
and if there is no person with parental authority or guardianship, the consent by a person
who is liable to support her may be substituted.
Article 15 Deleted.
Article 16 (Federation).
(1) In order to carry out services, such as research, study, education, public relations, etc., on
the Mother-Child health services and family planning services, the Planned
Parenthood Health and Welfare Federation of Korea (hereinafter referred to as "Federation")
shall be established.
(2) Those who are eligible for membership in the Federation shall be those who consent to the
objectives of the establishment and the projects of the Federation.
(3) The Federation shall be a juristic person.
(4) Requisite entries in the articles of association and those necessary for the services of the
Federation shall be determined by the Presidential Decree.
(5) Matters concerning the Federation which are not prescribed in this Act shall be subject to
the provisions of the Civil Act concerning the incorporated association.
Articles 17 and 18 Deleted.
Article 19 Deleted.
Article 20 (Prohibition of Use of Same Title). Any person or organization which Federation as prescribed by
this Act, shall not use the same title as that of the Planned Parenthood Health and Welfare
Federation of Korea.
Article 21 (Assistance of Expenses).
(1) The state may support the following expenses within the limits of the budget.
1. Less than two-thirds of the total expenses and incidental expenses needed for
the establishment of a Mother-Child health organization
(excluding the case where the state establishes it; hereinafter the same shall
apply)
2. Less than half of the operational expenses of a mother and fatherless child
health organization
3. Expenses needed for carrying out the entrusted services by a person who is
entrusted with such services under Article 7 (3)
4. Expenses needed for health checkups, etc., as prescribed in Article 10 (1) for
persons incapable of bearing such expenses
5. Less than half of the expenses for the midwifery service as prescribed in
Article 11 for a person incapable of bearing such expenses and
6. Expenses needed for conducting a sterile operation belonging to the
contraceptive treatments administration for contraceptions as prescribed in
Article 12 for a person incapable of bearing such expenses.
(2) Local governments shall support a portion other than the portion which the state assists, of
expenses as referred to in paragraph (1) 4 through 6, within the limit of the budget.
Article 22 (Free Loan of State Property). If it is deemed necessary, the state may lend gratuitously any state
property to the Federation.
Article 23 (Collection of Expenses).
(1) The head of city/county/urban district may collect expenses needed for measures taken
under Articles 11 and 12 from the persons who are beneficiaries of such measures, except
in the case of those incapable of bearing the financial burden.
(2) Matters necessary for the collection of expenses as referred to in paragraph (1) shall be
determined by the Ordinance of the Ministry of Health and Welfare.
Article 24 (Prohibition of Divulgence of a Secret). Except for otherwise provided by this Act or other Acts and
subordinate statutes, no person who is engaged in the Mother-Child health services
and family planning services, shall divulge or disclose any secrets about other persons, which he
has learned in the course of carrying out his duties.
Article 25 (Delegation of Authority). The Minister of Health and Welfare may delegate a part of his authority as
vested under this Act to the Special Metropolitan City Mayor, Metropolitan City Mayor, or provincial
governor under the conditions as prescribed by the Presidential Decree.
Article 26 (Penal Provisions). Any person who violates the provisions of Articles 13 and 24, shall be punished
by imprisonment for not more than one year or a fine not exceeding one million won ($ 830).
Article 27 (Fine for Negligence).
(1) The head of a medical institution who violates the provisions of Article 8 (3) and a person
who violates the provisions of Article 20 shall be punished by a fine for negligence not
exceeding five hundred thousand won ($ 83).
(2) The fine for negligence as referred to in paragraph (1) shall be imposed and collected by the
Minister of Health and Welfare against a person who violates the provisions of Article 20 and
by the head of city/county/urban district against a person who violates the provisions of
Article 8 (3), under the conditions as prescribed by the Presidential Decree.
(3) Any person who has objection to a determination of fine for negligence as referred to in
paragraph (2) may raise an objection to the Minister of Health and Welfare or the head of
city/county/urban district within 30 days after he is informed of such determination.
.
(4) If a person who is subjected to the determination of fine for negligence under paragraph (2)
has raised an objection under paragraph (3), the Minister of Health and Welfare or the head
of city/county/urban district shall notify of it without delay, to the competent court, which
shall, upon receiving the notification, bring the case of the fine for negligence to a trial under
the Non-Contentious Case Litigation Procedure Act.
(5) If no objection is raised and the fine for negligence is paid within the period as referred to in
paragraph (3), it shall be collected pursuant to the examples of the disposition of national or
local taxes in arrears.
Article 28 (Exclusion of Application of a Criminal Act). Any person who undergoes or conducts an induced
abortion operation pursuant to the provisions of this Act, shall not be punished regardless of the
provisions of Articles 269 (1), (2) and 270 (1) of the Criminal Act.
Article 29 (Exclusion of Application of Medical Service Act). With respect to any midwifery act performed under
Article 11 by a nurse or assistant nurse of the Mother-Child health personnel as
prescribed by this Act, the provisions of Article 25 (1) (Prohibition of Unlicensed Medical Care
Service, etc.) and subparagraph 3 of Article 66 (Penal Provisions) of the Medical Service Act shall
not be applicable. This provision shall also be applicable in the case of a midwife or nurse who
administers contraceptive treatments under Article 13.
ADDENDA
Article 1 (Enforcement Date). This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning the Planned Parenthood Federation of Korea). The Planned
Parenthood Federation of Korea which exists as an incorporated association at the time when this
Act enters into force shall be considered as the Planned Parenthood Federation of Korea established
under this Act, provided, that the former shall amend the articles of association so as to be
conformed to requisite entries of the articles of association under Article 16 and shall meet other
requirements within 3 months after the Presidential Decree by which such matters are determined,
enter into force, and meet other requirements.
ADDENDA
Article 1 (Enforcement Date). This Act shall enter into force 4 months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA
Article 1 (Enforcement Date). This Act shall enter into force on January 1, 1995.
Article 2 Omitted.
ADDENDUM
This Act shall enter into force on January 1, 1998. (Proviso Omitted)
ADDENDA
(1) (Enforcement Date). This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures on Change of Title of Planned Parenthood Federation of Korea). The Planned
Parenthood Federation of Korea established pursuant to the former provisions at the time of the entry into
force of this Act shall be deemed the Planned Parenthood Health and Welfare Federation of Korea
established under this Act.
| | |