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2002-10-28 15:12:42, 조회 : 61 |
Mother-Child Welfare Act
Act No. 4121, Apr. 1, 1989
Amended by Act No. 5453, Dec. 13, 1997
Act No. 5454, Dec. 13, 1997
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) 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 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, as prescribed 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 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 (l) 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 (Mother and 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 child home, the mother and child welfare
committee may be established in the Ministry of Health and Welfare, the Special Metropolitan
City, Metropolitan Cities, Dos and Shis/Kuns/Kus.
[Amended by Act No. 5454, Dec. 13, 1997]
(2) The organization, operation and matters subject to deliberation of the mother and child
welfare committee as referred to in paragraph (1) and other necessary matters shall be
determined by the Presidential Decree.
# 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 Shi/Kun/Ku (limited to an
autonomous Ku ; hereinafter the same shall apply) may establish a consultation office for
mother and child welfare in his jurisdiction. In this case, the head of Shi/Kun/Ku 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 the Special Metropolitan
City, Metropolitan Cities, Dos, Shis/Kuns/Kus and mother and child welfare consultation
offices as prescribed in Article 7.
[Amended by Act No. 5454, Dec. 13, 1997]
(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.
........................................................................................................................................................[TOP]
CHAPTER II SUBSTANCE AND IMPLEMENTATION OF WELFARE
# Article 10 (Investigation, Report, etc. of Persons to be Protected)
(1) The head of Shi/Kun/Ku 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 Shi/Kun/Ku 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 to the competent head of Shi/Kun/Ku.
(2) Matters necessary for the method and procedure of application for welfare 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) 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.
# 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.
(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 ol 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 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.
........................................................................................................................................................[TOP]
CHAPTER III MOTHER AND CHILD WELFARE FACILITIES
# Article 19 (Mother and Child Welfare Facilities) The mother and child welfare facilities shall be as follows :
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 ;
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 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 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, such as holding various consultations about mother and
child homes, giving guidance about lifestyles and occupations, day care, vocational
guidance, etc. ; and
6. Women's consultation offices : facilities the purpose of which is to carry out consulting
services concerning the investigation of, guidance, and admission to welfare facilities for the
mother and child homes.
# Article 20 (Establishment of Mother and Child Welfare Facilities)
(1) The State or local government may establish the mother and child welfare facilities.
(2) Social welfare corporations and other nonprofit corporations may establish the mother and
child welfare facilities after reporting to the Mayor/Do governor.
[Amended by Act No. 5358, Aug. 22, 1997]
(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) If a social welfare corporation or other nonprofit corporation
desires to discontinue or suspend the operation of mother and 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.
[Amended by Act No. 5454, Dec. 13, 1997]
# 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 Shi/Kun/Ku, he shall not refuse it without 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 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]
(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.) If any mother and child welfare facilities fall under any of the following
subparagraphs, the Mayor/Do governor may order suspension or discontinuance of the services,
or close the facilities :
[Amended by Act No. 5358, Aug. 22, 1997]
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 justifiable
reason, or make a false report, or refuse or evade the investigation and inspection.
# Article 24-2 (Hearing) If the Mayor/Do governor intends to order discontinuance of the services or close the
facilities under Article 24, he shall hold a hearing.
[This Article Newly Inserted by Act No. 5453. Dec. 13, 1997]
........................................................................................................................................................[TOP]
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 ;.
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.
........................................................................................................................................................[TOP]
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 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 the requesting person.
# Article 29 (Penal Provisions)
(1) Any person who falls under any of the following subparagraphs shall be punished the
imprisonment for not more than one year or a fine not exceeding one million won :
[Amended by Act No. 5358, Aug. 22, 1997]
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 suspend
or discontinue the projects, or permission is cancelled 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 Shi/Kun/Ku under the conditions
as prescribed by the Presidential Decree.
[Amended by Act No. 5454, Dec. 13, 1997]
........................................................................................................................................................[TOP]
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. (Ploviso Omitted.)
# Article 2 (Transitional Measure pursuant to_Amendment of Grassland 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.)
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