ENFORCEMENT DECREE OF THE MOTHER AND CHILD HEALTH ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Mother and Child Health Act and matters necessary for the enforcement thereof.

[This Article Wholly Amended on Jul. 7, 2009]

Article 1-2(Criteria for classification of premature babies and congenitally deformed babies) #

Premature babies and congenitally deformed babies (hereinafter referred to as "premature baby, etc.") defined in subparagraphs 5 and 6 of Article 2 of the Mother and Child Health Act (hereinafter referred to as the "Act") shall be classified as follows: <Amended on Mar. 15, 2010; Jun. 21, 2016>

1. Premature baby: An infant at less than 37 weeks' gestational age or an infant whose weight is less than 2,500 grams at birth, for whom the head of a health clinic or the head of a medical institution deems it necessary to provide special medical supervision and protection different from the supervision and protection which an infant of at least 37 weeks' gestational age, etc. receives;

2. Congenitally deformed baby: Any of the following infants who has a disease concerning congenital disorders which the Minister of Health and Welfare prescribes in consideration of the degree and the frequency of the occurrence of congenital disorders or expenses incurred for medical treatment:

a. An infant likely to die due to a congenital disorder;

b. An infant whose functional disability is noticeable due to a congenital disorder;

c. An infant for whom the recovery of function is impracticable due to a congenital disorder.

[This Article Wholly Amended on Jul. 7, 2009]

Article 2(Formulation of basic plans for mother and child health services) #

The following matters shall be included in a basic plan for mother and child health services formulated by the Minister of Health and Welfare pursuant to Article 5(1) of the Act: <Amended on Mar. 15, 2010; Mar. 6, 2018>

1. Health management and guidance for pregnant or nursing women, infants, premature babies, etc.;

2. Support and restrictions concerning population control;

3. Education, public relations, and research on mother and child health;

4. Collection and management of information about mother and child health.

[This Article Wholly Amended on Jul. 7, 2009]

[Title Amended on Mar. 6, 2018]

Article 3 #

Deleted. <Jun. 21, 2016>

Article 4 #

Deleted. <Jun. 21, 2016>

Article 5 #

Deleted. <Jun. 21, 2016>

Article 6 #

Deleted. <Jun. 21, 2016>

Article 7 #

Deleted. <Jun. 21, 2016>

Article 8 #

Deleted. <Jun. 21, 2016>

Article 9 #

Deleted. <Jun. 21, 2016>

Article 10(Standards for establishment of mother and child health organizations) #

(1) Where the State establishes mother and child health organizations (hereinafter referred to as "integrated center for mother and child health") pursuant to Article 7(1) of the Act, it shall establish an integrated center for mother and child health for each region prescribed by the Minister of Health and Welfare. In such cases, each integrated center for mother and child health shall have facilities and human resources suitable for the performance of functions under the subparagraphs of Article 7(1) of the Act and functions under Article 11(1) of this Decree. <Amended on Mar. 15, 2010>

(2) Criteria for the establishment of a health clinic under Article 10 of the Regional Public Health Act and Article 8 of the Enforcement Decree of the aforesaid Act shall apply to criteria for the establishment of a mother and child health organization (hereinafter referred to as "mother and child health center") established by a local government pursuant to Article 7(1) of the Act. <Amended on Nov. 18, 2015>

[This Article Wholly Amended on Jul. 7, 2009]

Article 11(Operation of mother and child health organizations) #

(1) In principle, a mother and child health center shall provide mother and child health services on a level with primary health care for matters referred to in Article 7(1)1 through 5 of the Act, and an integrated center for mother and child health shall provide mother and child health services on par with secondary health care for the aforesaid matters.

(2) An integrated center for mother and child health shall conduct the following affairs so that mother and child health centers and other institutions providing mother and child health services may efficiently provide mother and child health services:

1. Technical training of medical personnel and the exchange of information;

2. Dispatch of professionals for medical technology;

3. Support for public relation activities for mother and child health;

4. Research and studies necessary to provide mother and child health services;

5. Computerized processing and management of medical records of infants;

6. Collection of statistical data.

(3) The classification of levels of primary and secondary health care under paragraph (1) shall be prescribed by the Minister of Health and Welfare. <Amended on Mar. 15, 2010>

[This Article Wholly Amended on Jul. 7, 2009]

Article 12(Entrustment of duty) #

(1) Where no integrated center for mother and child health is established in a particular region under Article 10(1), the Minister of Health and Welfare shall address the matters referred to in the subparagraphs of Article 7(1) of the Act and the affairs referred to in Article 11(2) of this Decree by entrusting such matters and affairs to a medical corporation or a nonprofit corporation that conducts medical affairs. <Amended on Mar. 15, 2010>

(2) Where the Minister of Health and Welfare entrusts affairs to a medical corporation or a nonprofit corporation pursuant to paragraph (1), he or she shall take into account medical techniques, medical facilities, assets, etc. of the relevant corporation.

[This Article Wholly Amended on Jul. 7, 2009]

Article 13(Health management of pregnant or nursing women, infants, and premature babies) #

(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) shall provide the following medical examinations and vaccinations to pregnant or nursing women, infants, premature babies, etc., pursuant to Article 10(1) of the Act: <Amended on Mar. 15, 2010; Dec. 29, 2010; Jul. 24, 2015; Jun. 21, 2016>

1. Diagnoses and comprehensive medical examinations, and prenatal, postnatal, and childbirth care provided to pregnant or nursing women;

2. Health management and diagnoses provided to infants, premature babies, etc.;

3. Discovery of factors harmful to health of pregnant or nursing women, infants, premature babies, etc.;

4. Vaccinations to prevent diseases under the subparagraphs of Article 24(1) of the Infectious Disease Control and Prevention Act and other diseases prescribed by the Minister of Health and Welfare.

(2) Matters necessary for providing medical examinations and vaccinations under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Mar. 15, 2010>

[This Article Wholly Amended on Jul. 7, 2009]

Article 14(Requirements for Support for Freezing and Preservation of Reproductive Cells) #

Pursuant to Article 11-7(1) of the Act, the State and local governments may provide support for the preservation of reproductive cells to persons who face the prospect of permanent infertility due to damage done to their reproductive health for the following reasons, and thus need to preserve their fertility through freezing and preservation of their reproductive cells:

1. Adnexectomy;

2. Extirpation of adnexal tumor;

3. Ovarian wedge resection;

4. Orchiectomy;

5. Orchiectomy for malignant tumor;

6. Epididymectomy;

7. The following anti-cancer treatments:

a. Administration of anticancer drugs;

b. Radiation therapy to the abdomen or pelvis;

c. Immunosuppressive treatment;

8. The following chromosomal aberrations:

a. Turner syndrome;

b. Klinefelter's syndrome;

c. Decreased reproductive function due to equilibrium transition.

[This Article Added on Jan. 14, 2025]

Article 15(Limited permission for induced abortion operations) #

(1) Only those who have been pregnant for not more than 24 weeks may undergo an induced abortion operation under Article 14 of the Act.

(2) Eugenic or genetic mental disabilities or physical diseases due to which an induced abortion operation may be performed pursuant to Article 14(1)1 of the Act, shall be achondrogenesis, cystic fibrosis, and other genetic diseases, which expose embryos to high risk.

(3) Infectious diseases due to which an induced abortion operation may be performed pursuant to Article 14(1)2 of the Act, shall be German measles, toxoplasmosis, and other infectious diseases which medically expose embryos to high risk.

[This Article Wholly Amended on Jul. 7, 2009]

Article 16(Medical examination and vaccination) #

(1) A person who is required to undergo a medical examination (hereinafter referred to as "medical examination") pursuant to Article 15-5(1) of the Act and falls under subparagraph 3 of the same paragraph shall be a person who works or intends to work at a postnatal care center.

(2) Medical examinations shall be conducted by medical institutions pursuant to Article 3 of the Medical Act and regional healthcare institutions pursuant to subparagraph 1 of Article 2 of the Regional Public Health Act according to the following categories: In such cases, infectious skin diseases such as Hansen's disease, typhoid, pulmonary tuberculosis, and latent tuberculosis shall be included in the examinations:

1. Postnatal care business entity or a person working at a postnatal care center: Conduct at least once a year; provided, the person is deemed to have met the criteria of a medical examination for latent tuberculosis if he or she is tested for it at least once during the period of operating a postnatal care business or the period of working at the postnatal care center;

2. A person who intends to report a postnatal care business or a person who intends to work at a postnatal care center: Conduct within one month before reporting or working.

(3) Persons required to receive vaccinations pursuant to Article 15-5(1) of the Act (hereinafter referred to as "vaccination") who fall under subparagraph 3 of that paragraph shall be medical personnel as defined in Article 2 of the Medical Service Act or assistant nurses as defined in subparagraph 3 of Article 2 of the Nursing Act, who work or intend to work at postnatal care centers. <Amended on Jun. 20, 2025>

(4) Vaccinations shall be conducted as classified below:

1. Influenza vaccination: Conduct once a year;

2. Pertussis vaccination: Conduct two weeks before work at a postnatal care center.

(5) A person who has a disease likely to be harmful to other people referred to in Article 15-5(2) of the Act shall be any of the following persons:

1. A patient of infectious disease pursuant to subparagraph 13 of Article 2 of the Infectious Disease Control and Prevention Act, showing symptoms with an infectious disease pathogen invaded in the body that can be transmitted to other people;

2. A person with a disease that falls under any of the following categories and can spread to others:

Article 16-2 #

Deleted. <Jan. 14, 2020>

Article 17(Criteria for administrative dispositions) #

Criteria for administrative measures to be taken under Article 15-9(1) and (2) of the Act shall be as specified in Appendix 1.

[This Article Added on Jun. 7, 2006]

Article 17-2 #

Deleted. <Jul. 7, 2009>

Article 17-3(Types of offenses subject to penalty surcharges and amounts of penalty surcharges) #

(1) Penalty surcharges imposed pursuant to Article 15-11(1) of the Act shall be calculated by applying standards for calculation of penalty surcharges referred to in Appendix 2, based upon the period of suspension of business affairs prescribed by Appendix 1, in consideration of the types of offenses, the gravity of violation, etc.

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may reduce or increase the amount of a penalty surcharge within the limit of 1/2 of the penalty surcharge under paragraph (1), in consideration of the scale of business, the gravity and frequency of the offenses, etc. of a postnatal care business entity; provided, even in the case of increasing the amount of a penalty surcharge, the amount shall not exceed 30 million won. <Amended on Jul. 24, 2015>

[This Article Wholly Amended on Jul. 7, 2009]

Article 17-4(Imposition and payment of penalty surcharges) #

(1) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to impose a penalty surcharge pursuant to Article 15-11 of the Act, he or she shall give notice for payment in writing, specifying the type of the offense, the amount of the relevant penalty surcharge, etc. <Amended on Jul. 24, 2015>

(2) Any person in receipt of notice under paragraph (1) shall pay the relevant penalty surcharge to a receiving institution designated by the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu within 20 days from the date of the receipt. <Amended on Jul. 24, 2015; Dec. 12, 2023>

(3) A receiving institution that has received a penalty surcharge pursuant to paragraph (2), shall issue a receipt to the payer and notify the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu, of such fact without delay. <Amended on Jul. 24, 2015>

(4) Deleted. <Sep. 24, 2021>

(5) Detailed matters concerning procedures for collecting penalty surcharges shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Mar. 15, 2010>

[This Article Wholly Amended on Jul. 7, 2009]

Article 17-5(Amount insured under liability insurance) #

(1) Liability insurance which a postnatal care business entity should buy pursuant to Article 15-15(2) of the Act (hereinafter referred to as "liability insurance") shall meet the following standards: <Amended on Oct. 4, 2023>

1. Scope of users covered by liability insurance: Pregnant or nursing women, infants, and their guardians who use a postnatal care center pursuant to Article 15-15(1) of the Act;

2. Amount insured under liability insurance:

a. Where a user dies: Liability insurance shall be able to pay the amount of loss incurred within 150 million won for each user; provided, where the amount of such loss is less than 20 million won, the amount of the loss shall be considered 20 million won;

b. Where a user is infected or injured: Liability insurance shall be able to pay the amount of loss incurred within 30 million won for each user;

c. Where a user took medical treatment of infection or injury, but cannot expect further response to medical treatment and has a physical disability caused by such infection or injury under permanent symptoms (hereinafter referred to as "chronic disability"): Liability insurance shall be able to pay the amount of loss incurred within 150 million won for each user.

(2) Where at least two cases referred to in paragraph (1)2a through c occur due to one accident, liability insurance shall meet the following standards:

1. Where a user infected or injured dies from such infection or injury under medical treatment: Liability insurance shall be able to pay the sum of the amount under paragraph (1)2a and the amount under paragraph (1)2b for each user;

2. Where a user infected or injured has a chronic disability: Liability insurance shall be able to pay the sum of the amount under paragraph (1)2b and the amount under paragraph (1)2c for each user;

3. Where a user who has received the amount under paragraph (1)2c dies from a chronic disability: Liability insurance shall be able to pay an amount calculated by subtracting part of the amount of loss under paragraph (1)2a, which is payable for the period after the date upon which the user dies, from the amount under paragraph (1)2c for each user.

[This Article Added on Jul. 24, 2015]

Article 17-6(Criteria for establishment of postnatal care centers by local governments) #

Criteria for the establishment of a postnatal care center (hereinafter referred to as "public postnatal care center") established and operated by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu pursuant to Article 15-17(1) of the Act and matters necessary for the operation thereof shall be as specified in Appendix 2-2. <Amended on Jun. 14, 2022>

[This Article Added on Jun. 21, 2016]

Article 17-7(Support for use of postnatal caregivers) #

(1) The Minister of Health and Welfare, and a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may provide support by issuing a social service voucher under subparagraph 2 of Article 2 of the Act on the Use of Social Services and the Management of Vouchers so that pregnant or nursing women may use a postnatal caregiver (hereinafter referred to as "postnatal caregiver") under Article 15-18(1) of the Act with such a voucher. In such cases, Articles 9 through 15 of the Act on the Use of Social Services and the Management of Vouchers shall apply to procedures for applying for a social service voucher and methods of using it.

(2) Deleted. <Jun. 14, 2022>

(3) The Minister of Health and Welfare shall decide persons entitled to use a postnatal caregiver every year within the budget in consideration of the income level, property, etc. of households; provided, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may designate persons entitled to use a postnatal caregiver by widening the range of such persons within the budgetary limits of the relevant local government. <Amended on Mar. 23, 2021>

[This Article Added on Jun. 21, 2016]

Article 17-8(Entrustment of affairs concerning assessment of postnatal care centers) #

(1) The Minister of Health and Welfare may entrust affairs concerning the assessment of postnatal care centers to the following institutions or organizations pursuant to Article 15-20(2) of the Act: <Amended on Jun. 14, 2022>

1. The Korea Population and Health Welfare Association under Article 16 of the Act;

2. Other nonprofit corporations the Minister of Health and Welfare deems to have human and physical resources enabling them to conduct affairs concerning the assessment of postnatal care centers.

(2) Where the Minister of Health and Welfare entrusts affairs concerning the assessment of postnatal care centers pursuant to paragraph (1), he or she shall publicly notify the trustee thereof and details of affairs entrusted.

[This Article Added on Jun. 21, 2016]

Article 17-9(Details and methods of fact-finding survey) #

(1) Details of a fact-finding survey (hereinafter referred to as "fact-finding survey") under Article 15-21(1) of the Act shall be as follows: <Amended on Jun. 14, 2022>

1. Matters concerning general characteristics of pregnant or nursing women, such as their ages, academic background, economic conditions, and health conditions;

2. Matters concerning the current status of postnatal care and the level of satisfaction with postnatal care;

3. Matters concerning the health management of pregnant or nursing women and infants, such as physical recovery and breastfeeding;

4. Matters concerning accidents caused by negligence in relation to postnatal care of pregnant or nursing women and infants;

5. Other matters concerning the health and safety of pregnant or nursing women and infants related to postnatal care.

(2) The Minister of Health and Welfare may conduct a fact-finding survey by entrusting fact-finding research to a specialized research institution or organization, or related expert.

[This Article Added on Jun. 21, 2016]

Article 18(Matters to be stated in the articles of incorporation) #

The following matters shall be included in the articles of association of the Korea Population and Health Welfare Association (hereinafter referred to as the "Association") under Article 16(1) of the Act:

1. Objectives;

2. Name;

3. The location of the principal office;

4. Matters concerning members and executive officers;

5. Matters concerning meetings and the organizational structure;

6. Matters relating to services and performance thereof;

7. Matters concerning funds, assets, and accounting;

8. Matters concerning the amendment to the articles of association;

9. Matters concerning the establishment of branches;

10. Matters regarding dissolution;

11. Other matters concerning the operation of the Association.

[This Article Wholly Amended on Jul. 7, 2009]

Article 18-2(Publication of violations) #

(1) "Particulars prescribed by Presidential Decree" in Article 23(1), with the exception of its subparagraphs, of the Act means each of the following:

1. A title indicating the disclosure of the offenses of the Mother and Child Health Act;

2. The legal basis for the disposition or punishment;

3. The disposition date and period;

4. If the punishment has become final and conclusive, the type, period or amount thereof.

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, when disclosing an offense, etc. pursuant to Article 23(1) of the Act, shall without delay post the fact on the website of the relevant agency for six months. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may have the fact posted on the website of the postnatal care center concerned (only if it has its website) as well.

(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, when having disclosed an offense, etc. pursuant to Article 23(1) of the Act, shall without delay notify the Minister of Health and Welfare thereof.

(4) Except as provided in paragraphs (1) through (3), matters necessary for the procedures and methods for disclosure shall be prescribed and publicly notified by the Minister of Health and Welfare.

[This Article Added on Sep. 11, 2018]

Article 19(Processing of sensitive information and personally identifiable information) #

Where it is inevitable for performing the following affairs, the State, a local government (including a person to whom the relevant authority may have been delegated or entrusted), a medical institution under the Medical Service Act, or a public health clinic under the Regional Public Health Act, may manage information about health under Article 23 of the Personal Information Protection Act, information equivalent to a criminal record under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing resident registration numbers referred to in subparagraph 1 of Article 19 of the Enforcement Decree of that Act or alien registration numbers referred to in subparagraph 4 of that Article: <Amended on Jun. 21, 2016; Dec. 30, 2016; Dec. 14, 2021; Jun. 14, 2022>

1. Filing or providing reports on pregnant or nursing women and newborn babies under Article 8 of the Act;

2. Health administration of, and medical support to, pregnant or nursing women, infants, premature babies, etc. under Article 10 of the Act;

3. Support for overcoming fertility challenges under Article 11 of the Act;

3-2. Assessment of a medical institution for subfertility treatment under Article 11-3(3) of the Act;

3-3. Management of statistics under Article 11-6 of the Act;

4. Filing reports on postnatal care business and on modifications thereof under Article 15 of the Act;

4-2. Confirmation of grounds for disqualification under Article 15-2 of the Act;

5. Filing reports on the closure, suspension, and resumption of postnatal care business under Article 15-10 of the Act;

6. Assessment of postnatal care centers under Article 15-20 of the Act;

7. Fact-finding surveys on postnatal care service under Article 15-21 of the Act.

[This Article Added on Jan. 6, 2012]

Article 20(Entrustment of duty) #

(1) The Minister of Health and Welfare may entrust affairs concerning the provision of education on the prevention, etc. of infection under Article 15-6 of the Act to the following institutions or organizations pursuant to Article 25(2) of the Act:

1. The Korea Population and Health Welfare Association under Article 16 of the Act;

2. Other nonprofit corporations the Minister of Health and Welfare deems to have human and physical resources enabling them to conduct affairs concerning the provision of education on the prevention, etc. of infection in postnatal care business.

(2) Where the Minister of Health and Welfare entrusts affairs pursuant to paragraph (1), he or she shall publicly notify the trustee thereof and details of affairs entrusted.

[This Article Added on Jun. 21, 2016]

Article 21 #

Deleted. <May 21, 1999>

Article 22(Standards for imposition of administrative fines) #

Criteria for imposing administrative fines under Article 27(1) and (2) of the Act shall be as specified in Appendix 3.

[This Article Wholly Amended on Jul. 7, 2009]