Advanced Search

Special Act On Improvement Of Public Health And Welfare Of Residents In Agricultural And Fishing Villages


Published: 2011-12-31

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CHAPTER I GENERAL PROVISIONS
law view
 Article 1 (Purpose)   print
The purpose of this Act is to ensure residents in agricultural and fishing villages a decent life by fortifying policies for the improvement of public health and welfare of residents in agricultural and fishing villages, clarifying the responsibilities of the State and local governments therefor and expanding public health and medical services, and social welfare facilities in agricultural and fishing villages.
law view
 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 8352, Apr. 11, 2007>
1. The term "agricultural and fishing villages" means regions falling under any of the following items among the regions in Sis and Guns under the provisions of Article 2 (1) 2 of the Local Autonomy Act:
(a) All regions in Eups and Myeons;
(b) Regions, excluding residental areas, business areas and manufacturing areas, designated in accordance with the provisions of Article 36 (1) 1 of the National Land Planning and Utilization Act among the regions in Dong;
2. The term "residents in agricultural and fishing villages" means those who reside in agricultural and fishing villages;
3. The term "farmers and fishermen" means farmers under the provisions of subparagraph 2 of Article 3 of the Framework Act on Agriculture and Rural Community and fishermen under the provisions of subparagraph 11 of Article 2 of the Fisheries Act.
law view
 Article 3 (Extent of Application)   print
This Act shall apply to agricultural and fishing villages, residents in agricultural and fishing villages and farmers and fishermen.
law view
 Article 4 (Relationships with other Acts)   print
This Act shall apply to public health and welfare services for agricultural and fishing villages in preference to the provisions of other Acts.
law view
 Article 5 (Responsibility of State and Local Governments)   print
The State and a local government shall create related systems and conditions so that residents in agricultural and fishing villages may get a substantial benefit in the sphere of public health and social welfare.
CHAPTER II FORMULATION OF MASTER PLANS FOR PUBLIC HEALTH AND WELFARE FOR AGRICULTURAL AND FISHING VILLAGES
law view
 Article 6 (Conduct of Research on Actual Conditions)   print
(1) The Minister of Health and Welfare shall conduct research on the actual conditions on the level of public health and welfare for agricultural and fishing villages every five years and publish the result thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) Necessary matters concerning the items, method, procedures and publication, etc. of research on the actual conditions, under the provisions of paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
law view
 Article 7 (Formulation of Master Plans for Public Health and Welfare for Agricultural and Fishing Villages)   print
(1) The Minister of Health and Welfare shall formulate a master plan for public health and welfare for agricultural and fishing villages (hereinafter referred to as "master plan") every five years based on the research on the actual conditions under the provisions of Article 6. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) A master plan shall include the following matters: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
1. The basic objectives and direction-setting for the promotion of policies for public health and welfare for agricultural and fishing villages;
2. The main tasks to be promoted and methods of promoting tasks;
3. Methods of raising funds;
4. A delivery system of public health and welfare for agricultural and fishing villages;
5. Other matters deemed specially necessary by the Minister of Health and Welfare for the improvement of public health and welfare for agricultural and fishing villages.
law view
 Article 8 (Formulation of Promotional Plans)   print
(1) The Minister of Health and Welfare and the Metropolitan City Mayor or the Mayor/Do Governor (hereinafter referred to as the "Mayor/Do Governor") shall formulate and execute a plan for promoting major policies (hereinafter referred to as "plan for promoting") under his/her jurisdiction related to public health and welfare for agricultural and fishing villages every year according to a master plan. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) The head of a Si/Gun shall formulate and execute an action plan (hereinafter referred to as "action plan") of a plan for promoting major policies under his/her jurisdiction related to public health and welfare for agricultural and fishing villages every year according to a promotional plan
law view
 Article 9 (Cooperation in Formation of Plans)   print
If necessary for the formulation and execution of a master plan, a promotional plan and an action plan, the Minister of Health and Welfare, the Mayor/Do Governor and the head of a Si/Gun may request the relevant public institutions, the relevant private institutions or the relevant organizations to cooperate in the formulation and execution thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
CHAPTER III FORMATION OF FOUNDATION OF PUBLIC HEALTH AND MEDICAL SERVICES IN AGRICULTURAL AND FISHING VILLAGES
law view
 Article 10 (Preferential Support to Public Health and Medical Institutions)   print
The State and a local government may support human resources, facilities and equipment to public health and medical institutions in agricultural and fishing villages preferentially among the public health and medical institutions falling under the provisions of subparagraph 2 of Article 2 of the Public Health and Medical Services Act.
law view
 Article 11 (Gathering Consensus from Local Residents concerning Integration of Public Health Clinics)   print
(1) Where the head of a local government intends to integrate or close a public health clinic falling under the provisions of subparagraph 4 of Article 2 of the Act on the Special Measures for Public Health and Medical Services in Agricultural and Fishing Villages, etc., he/she shall gather consensus from the relevant local residents.
(2) Matters necessary for methods of and procedures for gathering consensus from local residents under the provisions of paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
law view
 Article 12 (Establishment of Emergency Medical Service System)   print
(1) The State and a local government shall reflect the following matters in a master plan for emergency medical services and an action plan for regional emergency medical services under the provisions of Article 13-2 of the Emergency Medical Service Act:
1. Research and analysis on the actual conditions of the utilization of emergency medical services in agricultural and fishing villages;
2. Establishment and designation of emergency medical institutions for the solution of regions weak in emergency medical services in agricultural and fishing villages;
3. Improvement of human resources, equipment and facilities of emergency medical institutions in agricultural and fishing villages;
4. Securing means of transportation of emergency patients in agricultural and fishing villages.
(2) The State and a local government may provide necessary funding to emergency medical institutions and public health and medical institutions in agricultural and fishing villages to execute a master plan for emergency medical services and an action plan for regional emergency medical services under the provisons of paragraph (1).
law view
 Article 13 (Request for Cooperation of Private Medical Institutions in Providing Public Health and Medical Services)   print
(1) If necessary to meet the demand for medical services of residents in agricultural and fishing villages, the State and a local government may request a private medical institution in agricultural and fishing villages to cooperate in providing public health and medical services falling under the subparagraphs of Article 5 of the Public Health and Medical Services Act.
(2) The State and a local government may give support in human resources and financial support to a private medical institution that provides public health and medical services in accordance with the provisions of paragraph (1).
law view
 Article 14 (Fostering of Private Medical Institutions in Agricultural and Fishing Villages)   print
(1) The State or a local government shall foster private medical institutions in agricultural and fishing villages for improvement in public health of residents in agricultural and fishing villages and the balanced development of public health and medical services.
(2) Where the State or a local government finances private medical institutions in agricultural and fishing villages to foster them under the provisions of paragraph (1), it may apply the rate of interest on a loan and the period of a loan determined by the Minister of Health and Welfare in consultation with the heads of the relevant administrative agencies. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) The State or a local government may apply the adjusted conditions of repayment, such as the extension of the repayment deadline, the reduction in the rate of interest, etc., as determined by the Minister of Health and Welfare in consultation with the heads of the relevant administrative agencies to loans obtained by private medical institutions in agricultural and fishing villages before December 31, 2003 according to the former Act on the Special Accounts for Treasury Loans. <Amended by Act No. 8153, Dec. 30, 2006; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
law view
 Article 15 (Preferential Performance of Cancer Screen Services)   print
(1) The State shall formulate policies for the performance of cancer screening services under Article 11 of the Cancer Control Act without compensation in agricultural and fishing villages in preference to other regions. <Amended by Act No. 10333, May 31, 2010>
(2) Necessary matters concerning the items and objects of cancer screening under the provisions of paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
law view
 Article 16 (Preferential Performance of Mental Health Services)   print
(1) The State and a local government may fully or partially subsidize expenses incurred in the establishment and operation of facilities and the improvement of facilities in agricultural and fishing villages among the mental patient treatment facilities under the provisions of Article 10 of the Mental Health Act and rehabilitation facilities under the provisions of Article 15 of the same Act in preference to mental health services for other regions.
(2) The State and a local government shall perform mental health services for local communities under the provisions of Article 13 of the Mental Health Act in agricultural and fishing villages preferentially for the improvement of mental health and treatment of mental diseases and rehabilitation of residents in agricultural and fishing villages, and fully or partially subsidize expenses incurred in such services, such as the establishment and operation of mental health centers, etc.
law view
 Article 17 (Preferential Performance of Dental Health Services)   print
(1) In the performance of dental health services in accordance with the provisions of Article 7 of the Dental Health Act, the State and a local government shall formulate policies for the preferential performance of dental health services for residents in the low income bracket in agricultural and fishing villages prescribed by Presidential Decree, such as denture services for the aged, etc.
(2) The state and a local government shall bear expenses incurred in dental health services under the provision of paragraph (1).
(3) Matters necessary for the items and objects of dental health services under the provisions of paragraph (1) and the ratio of the bearing of expenses between the State and a local government under the provisions of paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
law view
 Article 18 (Support of Fostering of Oriental Medicine Industry)   print
(1) Where a farmer, fisherman or person prescribed by Presidential Decree intends to cultivate, process or distribute medicinal herbs (hereinafter referred to as "medicinal herb cultivation, etc.") under the provisions of subparagraph 4 of Article 2 of the Oriental Medicine Promotion Act, the State and a local government may partially subsidize expenses incurred therein within budgetary limits.
(2) Matters concerning the procedures for application for support in the medicinal herb cultivation under the provisions of paragraph (1) and the standards for the examination of application, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
CHAPTER IV IMPROVEMENT OF SOCIAL WELFARE FOR AGRICULTURAL AND FISHING VILLAGES
law view
 Article 19 (Special Cases concerning Standards for Selection of Beneficiaries under National Basic Living Security Act)   print
(1) Where the State calculates the appraised value of income of the households of farmers and fishermen to select beneficiaries (hereinafter referred to as "beneficiaries") under the provisions of subparagraph 1 of Article 2 of the National Basic Living Security Act, notwithstanding the provision of subparagraph 8 of Article 2 of the same Act, it may additionally recognize the main causes of expenditure in which characteristics of the households of farmers and fishermen are reflected.
(2) Where the State calculates the weighted value of income of property of the households of farmers and fishermen, notwithstanding the provisions of subparagraph 9 of Article 2 of the National Basic Living Security Act, it may apply the relaxed part of the standards for the conversion of income to property directly related to agriculture and fishery, such as farmland, etc.
(3) Matters necessary for the main causes of expenditure additionally recognized under the provisions of paragraph (1) and the extent of property and the standards for the calculation of the value of property under the provision of paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
law view
 Article 20 (Execution of Policies for Support of Self-Support)   print
The State and a local government shall prepare policies for the support of self-support and the improvement of the standard of living of beneficiaries and residents in agricultural and fishing villages whose standard of living is similar thereto.
law view
 Article 21 (Preferential Support to Social Welfare Facilities)   print
In performing services for the improvement of social welfare facilities under the provisions of Article 2 of the Social Welfare Services Act, the state and a local government may fund social welfare facilities in agricultural and fishing villages in preference to social welfare facilities in other regions.
law view
 Article 22 (Support in Infant Care)   print
(1) The State and a local government shall establish national and public day care centers in agricultural and fishing villages in preference to other regions to improve the conditions of infant care therein or take necessary measures so that other day-care centers may be established. <Amended by Act No. 10789, Jun. 7, 2011>
(2) The State and a local government may subsidize expenses incurred additionally due to characteristics of agricultural and fishing villages in the establishment and operation of day-care centers and infant care under the provisions of paragraph (1). <Amended by Act No. 10789, Jun. 7, 2011>
law view
 Article 23 (Expansion of Support in Children and Home Protection Services)   print
(1) The State and a local government shall preferentially formulate policies for assistance to the following families to invigorate the protection of children in agricultural and fishing villages who need protection: <Amended by Act No. 11002, Aug. 4, 2011; Act No. 11007, Aug. 4, 2011>
1. A family, the head of which is a boy or girl;
2. A family entrusted with a child eligible for protection in accordance with Article 15 (1) 3 of the Child Welfare Act;
3. A family that has adopted a child who needs protection under subparagraph 2 of Article 2 of the Act on Special Cases concerning Adoption.
(2) Matters necessary for the details and extent of assistance under the provisions of paragraph (1) shall be prescribed by Presidential Decree.
law view
 Article 24 (Establishment and Operation of Complex Welfare Facilities for Aged)   print
(1) To support various welfare services, such as residence, improvement in health, leisure, culture, etc., to the aged living in agricultural and fishing villages free of charge or at cost, the State and a local government may establish and operate a welfare facility complex for the aged in which welfare facilities for the aged under the subparagraphs of Article 31 of the Welfare of the Aged Act are collectively arranged.
(2) Matters necessary for the establishment and operation of a welfare facility complex for the aged under the provisions of paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
law view
 Article 25 (Support in Medical Treatment of Aged in Low Income Bracket)   print
(1) The State and a local government shall provide necessary services, such as nursing, tending, support in daily life, rehabilitation, etc., to the aged in the low income bracket in agricultural and fishing villages prescribed by Presidential Decree.
(2) Matters necessary for the details and methods of providing services under the provisions of paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) The State and a local government may support households of farmers and fishermen in the low income bracket prescribed by Presidential Decree supporting an old man who needs nursing in expenses for nursing or goods, etc. within budgetary limits, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
law view
 Article 26 (Special Cases concerning Selection of Single-Parent Families)   print
Where the State selects single-parent families in agricultural and fishing villages, notwithstanding the provisions of Article 5 of the Single-Parent Family Support Act, it may select otherwise, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8655, Oct. 17, 2007; Act No. 9932, Jan. 18, 2010>
law view
 Article 27 (Support in Premiums of Health Insurance)   print
(1) The State may provide funds equivalent to less than 50/100 of the premiums (including premiums reduced in accordance with Article 75 (1) 1 of the same Act) that farmers and fishermen shall bear in accordance with Article 69 of the National Health Insurance Act within budgetary limits. <Amended by Act No. 8153, Dec. 30, 2006; Act No. 11141, Dec. 31, 2011>
(2) Matters necessary for the rate of funding in premiums under the provisions of paragraph (1) shall be prescribed by Presidential Decree.
law view
 Article 28 (Special Cases concerning Calculation of Imposed Standard Income)   print
(1) Where the National Health Insurance Corporation (hereinafter referred to as the "Corporation") applies markings to impose premiums under Article 69 (5) of the National Health Insurance Act on farmers and fishermen, notwithstanding Article 72 (1) of the same Act, it may apply markings to property of farmers and fishermen prescribed by Presidential Decree, such as fallow, deserted land, etc., different from other properties. <Amended by Act No. 8153, Dec. 30, 2006; Act No. 11141, Dec. 31, 2011>
(2) Matters necessary for methods and standards of the calculation of markings to impose premiums applicable to property of farmers and fishermen in accordance with the provisions of paragraph (1) shall be prescribed by Presidential Decree. <Amended by Act No. 8153, Dec. 30, 2006>
law view
 Article 29 (Special Cases concerning Deficits Disposal of Premiums)   print
Where the Corporation treats premiums of farmers and fishermen, etc. as deficits in accordance with Article 84 of the National Health Insurance Act, it may apply the object and method thereof particularly, as prescribed by Presidential Decree. <Amended by Act No. 11141, Dec. 31, 2011>
law view
 Article 30 (Postponement of Payment Deadline for Premiums)   print
(1) Where there exist unavoidable circumstances prescribed by Ordinance of the Ministry of Health and Welfare, such as cases where a farmer or fisherman suffers a great loss in property, etc., the Corporation may postpone the payment deadline for premiums under Article 78 of the National Health Insurance Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11141, Dec. 31, 2011>
(2) Where a farmer or fisherman intends to have the payment deadline for premiums postponed in accordance with the provisions of paragraph (1), he/she shall make an application to the Corporation, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That where the Corporation deems it impractical for a farmer or fisherman to make an application, it may postpone the payment deadline for premiums by its official authority. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Where the Corporation postpones the payment deadline for premiums in accordance with the provisions of paragraph (1), it shall give notice of necessary matters, such as the period of postponement of the payment deadline for premiums, to a farmer or fisherman as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) Where the Corporation deems that extenuating grounds exist to support that a farmer or fisherman is unable to pay his/her premiums despite the expiry of the period of postponement of the payment deadline for premiums under the provisions of paragraph (1), it may allow the farmer or fisherman to pay his/her premiums in installments, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
law view
 Article 31 (Support in Premiums of National Pension)   print
The State may provide funding equivalent to less than 50/100 of premiums of national pension that farmers and fishermen should bear pursuant to Article 88 (3) of the National Pension Act within budgetary limits, as prescribed by the same Act. <Amended by Act No. 8541, Jul. 23, 2007>
law view
 Article 32 (Preferential Support of Special Rural Development Tax)   print
The State may provide financial assistance, with regard to financial resources raised by the special rural development tax preferentially to public health and welfare services for agricultural and fishing villages performed under this Act.
law view
 Article 33 (Special Cases concerning Quasi-Agricultural and Fishing Villages)   print
Regions falling under any of the following subparagraphs as regions other than agricultural and fishing villages shall be deemed agricultural and fishing villages, and the State and a local government may give necessary support to residents living in the relevant regions only, as prescribed by Presidential Decree: <Amended by Act No. 8352, Apr. 11, 2007; Act No. 8850, Jan. 17, 2008>
1. Agricultural development regions designated in accordance with the provisions of Article 28 of the Farmland Act;
2. Development restriction zones designated in accordance with the provisions of Article 3 of the Act on Special Measures for Designation and Management of Development Restriction Zones;
3. Regions prescribed by Presidential Decree as regions released from development restriction zones pursuant to Article 3 of the Act on Special Measures for Designation and Management of Development Restriction Zones: Provided, That this shall be limited to regions where farmland located in the neighborhood of the relevant regions continue to exist as development restriction zones.
[This Article Wholly Amended by Act No. 7951, Apr. 28, 2006]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) Omitted.
ADDENDA<Act No. 7951, Apr. 28, 2006>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Examples of Application to Support to Quasi- Agricultural and Fishing Villages) The amended provisions of Article 33 shall apply beginning with supports for the fiscal year 2006.
ADDENDA<Act No. 8135, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007.
Articles 2 through 9 Omitted.
ADDENDA<Act No. 8153, Dec. 30, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2007. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8377, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8541, Jul. 23, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 43 Omitted.
ADDENDA<Act No. 8655, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 8850, Jan. 17, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation (Proviso Omitted).
Articles 2 through 5 Omitted.
ADDENDA<Act No. 10333, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation (Proviso Omitted).
Articles 2 through 6 Omitted.
ADDENDA<Act No. 11002, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 11007, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.