REPUBLIC OF
Article 1 (Purpose) The
purpose
of this Act is to contribute to the improvement of the national health
by
protecting the maternal life and health and striving for the delivery
and
bringing-up of sound children.
Article 2 (Definition) For the purpose of this Act,
1.
the term "pregnant,
parturient and nursing women" means women who are pregnant or for whom
it
has not yet passed six months since their delivery;
2.
the term "infants"
means those for whom it has not yet passed six years since their birth;
3.
the term "newborn baby"
means an infant for whom it has not yet passed twenty-eight days since
his
birth;
4.
the term "sterile operation"
means an operation making one unable to generate without removal of the
genital
gland;
5.
the term "medicine
administration for contraception" means any sterile operation and
administration
of medicine to prevent a conception for a specified period or longer by
inserting
any contraceptive pill or appliance in the human body;
6.
the term "induced abortion
operation" means an operation to draw off artificially an embryo and
things
attached to it out of the mother's body at the time the embryo is
unable
to maintain its life outside the mother's body;
7.
the term "mother-child
health services" means services to have the pregnant, parturient and
nursing
women or infants maintain their physical and mental health by giving
them
any technical medical services;
8.
the term "family planning
services" means services to carry out any technical medical services,
enlightenment
or education on the conception control for the purpose of improving the
health
of family and home welfare; and
9.
the term "mother-child
health personnel" means those who have obtained the licenses for
doctor,
midwife and nurse or are qualified for the assistant nurse, and who are
engaged
in the mother-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 considering
policies
of the mother-child health services and family planning services.
Article 4 (Obligation of Mother, etc.) (1) Mothers
shall make efforts to control their health with right understanding of,
and interest in their health in the pregnancy, delivery, nursing, etc.
(2) The persons in parental authority to infants,
guardians of infants and other persons protecting infants (hereinafter
referred to
as "protectors") shall make positive efforts to maintain and improve
the health
of infants with right understanding of the childcare.
Article 5 (Establishment and Coordination of
Service Schedule) (1) The Minister of Health and Social Affairs shall
synthesize
and coordinate various measures and policies concerning the
mother-child
health services and family planning services, and establish a basic
plan
as to 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
program
necessary for carrying out the basic plan as referred to in Paragraph
(1).
Article 6 (Mother-Child Health Council) (1) In
order
to deliberate important matters on the mother-child health services and
family planning services in compliance with a request for advice from
the Minister
of Health and Social Affairs, the Mother-Child Health Council shall be
established in the Ministry of Health and Social Affairs.
(2) Necessary matters related to the composition
and operation of the Mother-Child Health Council shall be determined by
the Presidential
Decree.
Article 7 (Establishment of Mother-Child Health
Organization)
(1) The State and local governments may establish and operate a
mother-child
health organization to take charge of the following matters on the
mother-child
health services and family planning services. In
this
case, if a local government sets up the mother-child health
organization,
it shall, in principle, be set up in the public health center
established
by the local government:
1.
Matter concerning the
antenatal, postpartum and childbirth cares and emergency measures for
pregnant,
parturient and nursing women;
2.
Matters concerning
the health care, vaccination, etc. of infants;
3.
Matters concerning
the medicine administration for contraception;
4.
Matters concerning
the gynecological diseases and prevention of related diseases;
5.
Matters concerning
the prevention of generation and the health care of mental and physical
handicapped
children; and
6.
Matters concerning
the guidance, education, study, public relations, statistics
management, etc.
pertaining to the health.
(2) Matters necessary for the establishment
standards
and operation of the mother-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 it to a medical or
nonprofit corporation as prescribed by the Presidential Decree.
Article 8 (Report, etc. of Pregnant, Parturient
and
Nursing Woman) (1) If a pregnant, parturient and nursing woman desires
to
be protected as a pregnant, parturient and nursing woman under this
Act,
she shall report in person or through the intermediary of her protector
the
fact of her pregnancy or delivery to the 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 Social
Affairs.
(2) The head of the health institution shall, upon
receiving reports as referred to in Paragraph (1), put them together,
and report it
to the mayor of the Seoul Special City or direct control city or the
head
of the Shi/Kun (hereinafter referred to as "head of the Shi/Kun") under
the conditions as prescribed by the Ordinance of the Ministry of Health
and Social Affairs.
(3) If a pregnant, parturient and 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 the
Shi/Kun
under the conditions as prescribed by the Ordinance of the Ministry of
Health
and Social Affairs.
Article 9 (Issuance of Mother-Child Health
Pocketbook)
(1) The head of the Shi/Kun shall issue a mother-child health pocket
book
to a pregnant, parturient and nursing woman or infant 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 Social
Affairs.
Article 10 (Health Care, etc. of Pregnant,
Parturient
and Nursing Women and Infants) (1) The head of the Shi/Kun shall take
measures necessary for the health care of the pregnant, parturient and
nursing women
and infants, such as conducting periodically a health check and
vaccination
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 the Shi/Kun may render the
following
medical assistance to those of the pregnant, parturient and nursing
women
and infants, who stand in need of any hospital treatment:
1. Diagnosis;
2. Provision of
medicine or materials
for medical treatment;
3. Treatment,
operation and other
treatment;
4. Taking in medical
facilities;
5. Nursing; and
6. Transfer.
Article 11 (Measures for Safe Delivery) If the
head
of the Shi/Kun deems that it is required to send a pregnant, parturient
and
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 the Shi/Kun shall have any mother-child health personnel help with
the
delivery.
Article 12 (Extension of Medicine Administration
for Contraception and Pills) The Minister of Health and Social Affairs
or the
head of the Shi/Kun may conduct a medicine administration for
contraception
or spread contraceptive pills to those who desire it, under the
conditions
as prescribed by the Ordinance of the Ministry of Health and Social
Affairs.
Article 13 (Person qualified for Medicine
Administration
for Contraception) No person other than
the doctor
or midwife or nurse who has completed the regular educational courses
as prescribed
by the Ordinance of the Ministry of Health and Social Affairs, may
perform
a medicine administration for contraception. In
this
case, the service of medicine administration for contraception of the
midwife
or nurse shall be limited to the medicine administration service
included
in the scope recognized by the Minister of Health and Social Affairs.
Article 14 (Permitted Limit of Induced Abortion
Operation) (1) The doctor may conduct an induced abortion operation
with the consent
of the 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 a rape or quasi-rape;
4.
Where the pregnancy
is taken place between blood relatives or matrimonial relatives who are
unable
to marry legally; and
5.
Where the maintenance
of the pregnancy injures or might injure the health of the mother's
body
for the health or medical reason.
(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 inevitable reason, 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 manifest her or his intention by
any
mental or physical trouble, the consent of the person in parental
authority
or guardian may be substituted for that as referred to in Paragraph
(1),
and if there is no person in parental authority or guardian, the
consent
of a person who is liable for support may be substituted for such
consent.
Article 15 (Procedure for Sterile Operation and
Institution of Lawsuit) (1) If a doctor ascertains as a result of a
diagnosis of a patient that she is affected by a disease as prescribed
by the Presidential Decree,
and if he deems it required for the public interest to conduct a
sterile
operation for the purpose of preventing the heredity or infection of
such
disease, he shall report to the Minister of Health and Social Affairs
that
he finds out a person who is the object of the sterile operation, under
the
conditions as prescribed by the Presidential Decree.
(2) The Minister of Health and Social Affairs may,
upon receiving a report as referred to in Paragraph (1), designate a
doctor and order the patient to undergo the sterile operation under the
conditions as prescribed by the Presidential Decree.
(3) If a person who received the order of the
Minister
of Health and Social Affairs under Paragraph (2), is dissatisfied with
the
order, he may request an administrative appeal claiming a cancellation
of
the order within fourteen days after he received the order.
(4) In the event that an administrative appeal is
requested, or an administrative litigation is instituted, the effect of
the order as referred to in Paragraph (2) shall be suspended until the
ruling or decision becomes definite.
Article 16 (Association) (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
Korea Family Planning Association
(hereinafter referred to as "Association") shall be established.
(2) Those who are eligible for membership of the
Association,
shall be those who approve the object of establishment and the services
of
the Association.
(3) The association shall be a juristic person.
(4) Matters to be included in the articles of
association and those necessary for services of the Association shall
be determined by
the Presidential Decree.
(5) Matters concerning the Association, which are
not prescribed in this Act, shall be subject to the provisions of the
Civil Code concerning the corporate juristic person.
Article 17 (Cooperation) The
Minister of Health and Social Affairs may request any cooperation to
the
Association with respect to matters necessary for carrying out the
mother-child
health services or family planning services, and the Association shall
comply
with it unless there is any special reason.
Article 18 (Supervision) If the Association
performs services other than those as prescribed by the articles of
association, or fails to comply with the request for cooperation as
prescribed in Article
17 without any justifiable reason, the Minister of Health and Social
Affairs
may order to correct it or to alter the articles of association.
Article 19 (Fund) (1) In order to apply to the
funds
needed for the projects and operation of the Association, the
Association
may establish the Fund.
(2) The Fund as referred to in Paragraph (1) shall
be composed of the contribution of the Government and those other than
the Government.
(3) Matters other than those as prescribed in this
Act, which are necessary for the operation and management of the Fund
and the
grant of contribution, shall be determined by the Presidential Decree.
Article 20 (Prohibition of Use of Similar Title)
Any
person who is not the Association as prescribed by this Act, shall not
use
the title of the Korea Family Planning Association and other similar
titles.
Article 21 (Assistance of Expenses) (1) The State
may
assist the following expenses in the limit of the budget:
1.
Less than two-thirds
of the 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 a half of
the operational expenses of a mother-child health organization;
3.
Expenses needed for
carrying out the entrusted services of the person who is entrusted with
such
services under Article 7(3);
4.
Expenses needed for
health check, etc. as prescribed in Article 10(1) for a person
incapable
of bearing such burden;
5.
Less than a half of
the expenses for the midwifery service as prescribed in Article 11 for
a
person incapable of bearing such burden; and
6.
Expenses needed for
conducting a sterile operation of the medicine administration for
contraceptions
as prescribed in Article 12 for a person incapable of bearing such
burden,
and those needed for a sterile operation under Article 15.
(2) The local governments shall assist the portion
other than portion which the State assists, of expenses as referred to
in Subparagraphs
4 to 6 of Paragraph (1), in the limit of the budget.
Article 22 (Free Loan of National Property) If it
is
deemed necessary, the State may lend gratuitously any national property
to
the Association.
Article 23 (Collection of Expenses) (1) The head
of
the Shi/Kun may collect the expenses needed for measures taken under
Articles
11 and 12 from the persons who are subject to such measures, except in
case
of those incapable of bearing the burden.
(2) Matters necessary for the collection of the
expenses
as referred to in Paragraph (1) shall be determined by the Ordinance of
the Ministry of Health and Social Affairs.
Article 24 (Prohibition of Divulgence of Secret)
Except
as otherwise provided by this Act or other laws and regulations, no
person
who is engaged in the mother-child health services and family planning
services,
shall divulge or disclose any secret of other persons, which he has
learned
in the course of carrying out his duties.
Article 25 (Delegation of Authority) The Minister
of
Health and Social Affairs may delegate a part of his authority as
vested
under this Act to the mayor of the Seoul Special City or direct control
city,
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.
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.
(2) The fine for negligence as referred to in
Paragraph
(1) shall be imposed and collected by the Minister of Health and Social
Affairs against a person who violates the provisions of Article 20, and
by the head
of the Shi/Kun against a person who violates the provisions of Article
8(3),
under the conditions as prescribed by the Presidential Decree.
(3) Any person who is dissatisfied with the
measure
of fine for negligence as referred to in Paragraph (2), may raise an
objection
to the Minister of Health and Social Affairs or the head of the Shi/Kun
within
thirty days after he is informed of such measure.
(4) If a person who is submitted to the measure of
fine
for negligence under Paragraph (2), has raised on objection under
Paragraph
(3), the Minister of Health and Social Affairs or the head of the
Shi/Kun
shall notify 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 Procedure Act.
(5) If no objection is raised and no 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 Penal Code) 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 Penal Code.
Article 29 (Exclusion of Application of Medical
Treatment 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 Treatment Act shall not be applicable.
This
provision shall also be applicable in case of a midwife or nurse who
administers
medicine administration for contraception under Article 13.
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