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ENFORCEMENT DECREE OF THE CHILD CARE ACT

Wholly Amended by Presidential Decree No. 18691, Jan. 29, 2005

Amended by Presidential Decree No. 18873, jun. 23, 2005

Presidential Decree No. 19446, Apr. 13, 2006

Presidential Decree No. 20679, Feb. 29, 2008

Presidential Decree No. 21214, Dec. 31, 2008

Presidential Decree No. 21396, Mar. 31, 2009

Presidential Decree No. 21585, jun. 30, 2009

Presidential Decree No. 21765, Oct. 1, 2009

Presidential Decree No. 21956, Dec. 31, 2009

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22263, Jul. 9, 2010

Presidential Decree No. 22395, Sep. 20, 2010

Presidential Decree No. 22629, Jan. 20, 2011

Presidential Decree No. 22906, Apr. 22, 2011

Presidential Decree No. 23192, Sep. 30, 2011

Presidential Decree No. 23264, Oct. 26, 2011

Presidential Decree No. 23356, Dec. 8, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23618, Feb. 3, 2012

Presidential Decree No. 23644, Feb. 29, 2012

Presidential Decree No. 23734, Apr. 17, 2012

Presidential Decree No. 23909, jun. 29, 2012

Presidential Decree No. 24247, Dec. 21, 2012

Presidential Decree No. 24397, Feb. 28, 2013

Presidential Decree No. 24454, Mar. 23, 2013

Presidential Decree No. 24904, Dec. 4, 2013

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25164, Feb. 11, 2014

Presidential Decree No. 25929, Dec. 30, 2014

Presidential Decree No. 26525, Sep. 15, 2015

Presidential Decree No. 26703, Dec. 10, 2015

Presidential Decree No. 27252, jun. 21, 2016

Presidential Decree No. 27732, Dec. 30, 2016

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Child Care Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 2 (Term of Office of Members of Child Care Policy Coordination Committee)
(1) The term of office of a member, other than a public official referred to in Article 5 (3) 2 of the Child Care Act (hereinafter referred to as the "Act"), among members of the Child Care Policy Coordination Committee established under the jurisdiction of the Prime Minister pursuant to Article 5 (1) of the Act (hereinafter referred to as the "Child Care Policy Coordination Committee") shall be two years, which may be renewed.
(2) The term of office of a member newly commissioned to fill a vacancy by another member shall be the remainder of his/her predecessor's term of office.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 3 (Operation, etc. of Child Care Policy Coordination Committee)
(1) The Chairperson of the Child Care Policy Coordination Committee shall represent the Child Care Policy Coordination Committee and exercise overall control over affairs of the Child Care Policy Coordination Committee.
(2) The Vice Minister of Health and Welfare shall be the Vice Chairperson of the Child Care Policy Coordination Committee, who shall assist the Chairperson and act on his/her behalf if the Chairperson is unable to perform any of his/her duties due to extenuating circumstances. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(3) The Child Care Policy Coordination Committee shall have one secretary assigned to conduct affairs of the Child Care Policy Coordination Committee, who shall be either a Grade III public official in charge of child care policies in the Ministry of Health and Welfare, or a public official in general service belonging to the Senior Civil Service Corps. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(4) The secretary may attend and speak at meetings of the Child Care Policy Coordination Committee.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 4 (Meetings of Child Care Policy Coordination Committee)
(1) Meetings of the Child Care Policy Coordination Committee shall be called by the Chairperson when deemed necessary or when at least one-third of all incumbent members request the convocation thereof.
(2) Meetings of the Child Care Policy Coordination Committee shall convene with a majority of all incumbent members present, and resolutions shall be adopted with the concurrent vote of a majority of the members present.
(3) If deemed necessary to perform his/her duties, the Chairperson may request a relevant institution, organization, etc., to submit relevant materials or their opinions.
(4) Allowances may be provided, and travel expenses reimbursed, within budgetary limits to members who attend a meeting of the Child Care Policy Coordination Committee: Provided, That the same shall not apply where a member who is a public official attends such meeting in direct relation to his/her affairs.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 4-2 (Dismissal of Members of Child Care Policy Coordination Committee)
Where a member prescribed in Article 5 (3) 2 of the Act falls under any of the following, the Chairperson of the Child Care Policy Coordination Committee may dismiss the relevant member:
1. Where a member becomes unable to conduct his/her duties due to mental or physical disorder;
2. Where a member commits a misdeed in connection with his/her duties;
3. Where a member is recognized to be unsuitable to be a member due to neglect of duties, injury to dignity, or other grounds;
4. Where a member himself/herself expresses that he/she has difficulties in conducting his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26703, Dec. 10, 2015]
 Article 5 (Detailed Operational Rules of Child Care Policy Coordination Committee)
Except as otherwise expressly prescribed in this Decree, matters necessary for operation of the Child Care Policy Coordination Committee shall be determined by the Chairperson by a resolution of the Child Care Policy Coordination Committee.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 6 (Composition of Child Care Policy Committees)
(1) The Central Child Care Policy Committee established under the Ministry of Health and Welfare pursuant to the main body of Article 6 (1) of the Act (hereinafter referred to as the "Central Child Care Policy Committee") shall be comprised of not exceeding 20 members, including one chairperson and one vice chairperson, while local child care policy committees (hereinafter referred to as "local child care policy committees") established in a Special Metropolitan City, a Metropolitan City, a Do, a Special Self-Governing Province (hereinafter referred to as "City/Do"), and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall be comprised of not exceeding 15 members, including one chairperson and one vice chairperson.
<Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23909, Jun. 29, 2012>
(2) The Vice Minister of Health and Welfare shall be the Chairperson of the Central Child Care Policy Committee, and the Vice Chairperson shall be appointed from among its members, who shall be any of the following persons: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011>
1. A person commissioned by the Minister of Health and Welfare from among child care specialists, principals of child care centers, representatives of child care teachers, representatives of guardians, and persons representing the public interest, referred to in Article 6 (2) of the Act;
2. A Grade III public official in charge of child care policies in the Ministry of Health and Welfare, or a public official in general service belonging to the Senior Civil Service Corps.
(3) The chairperson and vice chairperson of a local child care policy committee shall be elected from among its members, and its members shall be commissioned or appointed by the head of a local government to which the relevant local child care policy committee belongs, from among child care experts, principals of child care centers, representatives of child care teachers, representatives of guardians, persons representing the public interest, and relevant public officials (excluding members of the relevant local council) referred to in Article 6 (2) of the Act. In such cases, the membership composition ratio shall be as follows: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 23909, Jun. 29, 2012>
1. Representatives of guardians and persons representing the public interest: At least 45/100 of the entire members;
2. Child care specialists: Not exceeding 20/100 of all members;
3. Relevant public officials: Not exceeding 15/100 of the all members;
4. Principals of child care centers: Not exceeding 10/100 of the entire members;
5. Representatives of child care teachers: Not exceeding 10/100 of the entire members.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 7 (Functions of Child Care Policy Committees)
(1) The Central Child Care Policy Committee shall deliberate on the following: <Amended by Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 24904, Dec. 4, 2013>
1. Matters on formulation of child care plans referred to in Article 11 of the Act and of annual implementation plans referred to in Article 19 (2) of this Decree;
2. Matters on development of child care courses referred to in Article 29 of the Act;
3. Matters on accreditation of child care centers referred to in Article 30 of the Act;
3-2. Deleted; <by Presidential Decree No. 26525, Sep. 15, 2015>
4. Other matters referred by the Chairperson to its meeting in relation to child care, such as entrustment with child care-related affairs.
(2) A local child care policy committee shall deliberate on the following: <Amended by Presidential Decree No. 22263, Jul. 9, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 23618, Feb. 3, 2012; Presidential Decree No. 23909, Jun. 29, 2012; Presidential Decree No. 24904, Dec. 4, 2013>
1. Deleted; <by Presidential Decree No. 23909, Jun. 29, 2012>
2. Matters on formulation of child care plans referred to in Article 11 of the Act and of annual implementation plans referred to in Article 19 (2) of this Decree;
3. Matters on establishment of public child care centers referred to in Article 12 of the Act and entrustment with operation of public child care centers referred to in Article 24 (2) of the Act: Provided, That matters which may not undergo deliberation by the relevant local child care policy deliberation committee among matters concerning entrustment with operation of public child care centers, as prescribed by Ordinance of the Ministry of Health and Welfare, shall be excluded herefrom;
4. Matters on designation of educational and training facilities referred to in Article 21 (2) 2 of the Act;
5. Matters on entrustment with implementation of refresher education referred to in Articles 23 (1) and 23-2 (1) of the Act;
6. Matters on child care fees, etc., to be paid by users of child care centers referred to in Article 38 of the Act;
7. Deleted; <by Presidential Decree No. 26525, Sep. 15, 2015>
8. Deleted; <by Presidential Decree No. 23909, Jun. 29, 2012>
9. Matters on the standards for establishment of child care centers and staffing standards of child care teachers and staff on islands, in remote places, in agricultural and fishing communities, etc., referred to in Article 52 of the Act;
10. Other matters referred by the Chairperson to its meeting in relation to child care.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 8 (Term of Office of Child Care Policy Committee Members)
(1) The term of office of private members among members of the Central Child Care Policy Committee and local child care policy committees (hereinafter referred to as "relevant child care policy committee") shall be two years, but may be renewed only once.
(2) The term of office of a member newly commissioned to fill a vacancy by another member shall be the remainder of his/her predecessor's term of office.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 9 (Operation, etc., of Child Care Policy Committees)
(1) The chairperson of each child care policy committee shall represent the relevant committee and exercise overall control over affairs of the committee.
(2) The vice chairperson of each child care policy committee shall assist the chairperson and act on his/her behalf if the chairperson is unable to perform any of his/her duties due to extenuating circumstances.
(3) Each child care policy committee shall have one secretary assigned to conduct affairs of the child care policy committee, who shall be appointed by the head of an institution or local government to which each child care policy committee belongs, from among public officials under his/her management. In such cases, the secretary shall prepare minutes of its meetings.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 10 (Meetings of Child Care Policy Committees)
(1) Meetings of each child care policy committee shall be called by the chairperson when the head of an institution or local government to which the relevant child care policy committee belongs or at least one third of all incumbent members request the convocation thereof, or when the chairperson deems it necessary.
(2) Meetings of each child care policy committee shall convene with the a majority of all incumbent members present, and resolutions shall be adopted with the concurrent vote of a majority of the members present.
(3) Article 4 (4) shall apply mutatis mutandis to the payment, etc. of allowances and travel expenses to members who attend a meeting of each child care policy committee.
(4) In principles, outcomes and details of meetings of each child care policy committee shall be made public. In such cases, the method of disclosure thereof shall be prescribed by the detailed operational rules of each child care policy committee.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 10-2 (Exclusion, Challenge, or Refrainment of Members)
(1) Where a member of each child care policy committee falls under any of the following cases, he/she shall be excluded from deliberations on the relevant agenda item: <Amended by Presidential Decree No. 23909, Jun. 29, 2012>
1. Where a member, or his/her current or former spouse is a party to an agenda, or is related to a party to the agenda as a joint holder of any right or liability;
2. Where a member is related to a party to an agenda as a relative;
3. Where a member or a corporation, organization, etc., to which he/she belongs is, or has been, involved as an agent of a party to an agenda;
4. Other cases where a member has a direct interest with a party to an agenda item.
(2) Where any circumstances make it impracticable to expect a fair deliberation from a member, a party to an agenda under deliberation by each child care policy committee may request to challenge him/her.
(3) Where a member falls under paragraph (1) or (2), he/she shall voluntarily refrain from deliberations on the relevant agenda. <Amended by Presidential Decree No. 26703, Dec. 10, 2015>
[This Article Newly Inserted by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 10-3 (Appointment and Dismissal of Members of Each Child Care Policy Committee)
(1) Where a member of the Central Child Care Policy Committee prescribed in Article 6 (2) 1 falls under any of the following, the Minister of Health and Welfare may dismiss the relevant member:
1. Where a member becomes unable to conduct his/her duties due to mental or physical disorder;
2. Where a member commits a misdeed in connection with his/her duties;
3. Where a member is recognized to be unsuitable to be a member due to neglect of duties, injury to dignity and other grounds;
4. Where a member fails to evade even though he/she falls under any subparagraph of Article 10-2 (1);
5. Where a member himself/herself expresses that he/she has difficulties in conducting his/her duties.
(2) Where a member of a local child care policy committee prescribed in Article 6 (3) falls under any of the following, the head of the local government may dismiss the relevant member:
1. Where a member becomes unable to conduct his/her duties due to mental or physical disorder;
2. Where a member commits a misdeed in connection with his/her duties;
3. Where a member is recognized to be unsuitable to be a member due to neglect of duties, injury to dignity and other grounds;
4. Where a member fails to evade even though he/she falls under any of the subparagraphs of Article 10-2 (1);
5. Where a member himself/herself expresses that he/she has difficulties in conducting his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26703, Dec. 10, 2015]
 Article 11 (Detailed Operational Rules of Child Care Policy Committees)
Article 5 shall apply mutatis mutandis to the detailed operational rules of each child care policy committee.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 12 (Establishment of Child Care Support Centers)
A data room, counseling room, training room, etc., shall be established in the Central Child Care Support Center established and operated by the Minister of Health and Welfare (hereinafter referred to as "Central Child Care Support Center") and in local child care support centers (hereinafter referred to as "local child care support centers") established and operated by each Special Metropolitan City Mayor, each Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, each Do Governor, the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), pursuant to Article 7 (1) of the Act. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24904, Dec. 4, 2013; Presidential Decree No. 25164, Feb. 11, 2014>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 13 (Functions of Child Care Support Centers)
(1) The Central Child Care Support Center and local child care support centers (hereinafter referred to as "each child care support center") shall perform the following functions: <Amended by Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 24904, Dec. 4, 2013>
1. Providing temporary nursing services;
1-2. Collecting and providing information on child care;
2. Providing or lending child care programs and teaching materials or aids;
3. Providing counseling to child care teachers and staff, and information on recruitment and job seeking;
4. Counseling and consultation on establishment, operation, etc., of a child care center;
5. Providing information on child care for the vulnerable, including child care for disabled children;
6. Counseling and education for parents;
7. Providing experience and play spaces to infants and young children;
8. Educating parents of infants and young children and child care teachers and staff on preventing abuse of infants and young children;
9. Other matters necessary for the operation of child care centers, support for home nurseries, etc.
(2) The Central Child Care Support Center shall assist local child care support centers in their affairs, while local child care support centers shall render services based on the local characteristics to child care centers and child care users in their jurisdictional areas. <Amended by Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 24904, Dec. 4, 2013>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 14 (Qualifications and Duties of Heads of Child Care Support Centers)
(1) The head of each child care support center shall be a person who has engaged in child care business for at least two years after obtaining qualifications as a child care expert referred to in Article 15 (1). <Amended by Presidential Decree No. 24904, Dec. 4, 2013>
(2) The head of each child care support center shall represent the relevant child care support center and exercise overall control over its affairs. <Amended by Presidential Decree No. 24904, Dec. 4, 2013>
(3) The head of each child care support center shall serve on a full-time basis. <Amended by Presidential Decree No. 24904, Dec. 4, 2013>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 15 (Qualifications and Duties of Child Care Experts)
(1) A child care expert referred to in Article 7 (2) of the Act shall be either of the following persons:
1. A person qualified as a Grade I child care teacher specified in attached Table 1;
2. A person with at least three years’ experience in child care business after obtaining qualification as a Grade I social welfare worker under the Social Welfare Services Act.
(2) A child care expert shall conduct affairs of a child care support center referred to in Article 13, and a senior child care expert shall act on behalf of the head of a child care support center if he/she is unable to perform his/her duties due to extenuating circumstances. <Amended by Presidential Decree No. 24904, Dec. 4, 2013>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 16 (Qualifications for Counseling Experts)
A counseling expert referred to in Article 7 (2) of the Act shall be either of the following:
1. A person qualified as a clinical psychology practitioner of at least Grade II under the National Technical Qualifications Act;
2. A person who has received a bachelor's degree in counseling or psychology from a school defined in any subparagraph of Article 2 of the Higher Education Act (including persons deemed to have a similar school career or higher under the relevant statutes) and has at least three years’ work experience in relation to counseling.
[This Article Newly Inserted by Presidential Decree No. 26525, Sep. 15, 2015]
 Article 17 Deleted. <by Presidential Decree No. 23618, Feb. 3, 2012>
 Article 18 (Entrustment with Research, etc., on Child Care)
(1) The Minister of Health and Welfare may outsource the following affairs to a research institute, corporation, or organization specified in paragraph (2), pursuant to Article 8 (1) of the Act. In such cases, he/she shall publicly announce the details of an outsourced institution and outsourced affairs: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 24904, Dec. 4, 2013>
1. Research on child care policies, and provision of information on child care;
2. Development of child care programs and teaching materials;
3. Development of teaching materials and training for child care teachers and staff;
4. Formulation of evaluation criteria for child care centers;
5. Other affairs deemed necessary by the Minister of Health and Welfare for child care business, such as evaluation of child care support centers, educational and training facilities, etc.
(2) The Minister of Health and Welfare may entrust the affairs specified in any subparagraph of paragraph (1), to the following research institute, corporation, or organization. In such cases, he/she shall publicly notify the standards, procedures, method, etc., for outsourcing on the bulletin board or Internet website of the Ministry of Health and Welfare: <Amended by Presidential Decree No. 24904, Dec. 4, 2013>
1. A Government-funded research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
2. A university or junior college defined under Article 2 of the Higher Education Act, which has a department related to child care or child welfare;
3. Other non-profit corporation or organization related to child care.
(3) A research institute, corporation, or organization entrusted with affairs pursuant to paragraph (1), shall prepare and submit a plan and a budget bill for the relevant affairs, to the Minister of Health and Welfare before the relevant business year. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(4) The Minister of Health and Welfare may subsidize a research institute, corporation, or organization outsourced with affairs pursuant to paragraph (1), expenses incurred in conducting the outsourced affairs, within budgetary limits. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 18-2 (Types of Child Care Centers of Corporations, Organizations, etc.)
"Child care centers prescribed by Presidential Decree" referred to in subparagraph 3 of Article 10 of the Act means any of the following child care centers:
1. A child care center established and operated by a corporation or school corporation under the Early Childhood Education Act, the Elementary and Secondary Education Act, or the Higher Education Act;
2. A child care center established and operated by a religious organization;
3. A child care center established and operated by Korea Workers' Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act;
4. A child care center established and operated by educational and training facilities under Article 21 (2) 2 of the Act;
5. A child care center equivalent to the child care centers under subparagraphs 1 through 4 and prescribed by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 23618, Feb. 3, 2012]
 Article 19 (Details of, and Formulation Timing and Procedures for, Child Care Plans)
(1) The Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall, pursuant to Article 11 (1) of the Act, formulate child care plans containing the following: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011>
1. Basic direction-setting for child care services;
2. Matters on establishment of, and supply and demand for, child care centers;
3. Matters on child care teachers and staff;
4. Matters on operation and evaluation of child care centers;
5. Matters on child care expenses;
6. Other matters necessary for child care.
(2) The Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall formulate child care plans referred to paragraph (1) every five years, and annual implementation plans by the end of February each year. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 19-2 (Preferential Establishment of National or Public Child Care Centers)
"Fixed number of households prescribed by Presidential Decree" in the latter part of Article 12 of the Act, means 500 households.
[This Article Newly Inserted by Presidential Decree No. 25164, Feb. 11, 2014]
 Article 20 (Establishment of Workplace Child Care Centers)
(1) A place of business requiring the business proprietor to establish a workplace child care center pursuant to Article 14 (1) of the Act shall be a place of business which hires at least 300 full-time female workers or at least 500 full-time workers. <Amended by Presidential Decree No. 23356, Dec. 8, 2011>
(2) In applying paragraph (1), at least two State administrative agencies shall be deemed one place of business, if they jointly use a Government building.
(3) Where a workplace child care center should be established under paragraph (2), an agency in charge of establishing and managing such child care center, shall be determined in the following order: Provided, That it may be determined otherwise through consultation between agencies jointly using a Government building: <Amended by Presidential Decree No. 23356, Dec. 8, 2011>
1. An agency in charge of managing the relevant Government building (an agency related to the main function of the Government building, if the building is not State property);
2. An agency where demand for child care is the highest.
(4) Expenses incurred in operating a workplace child care center established under paragraphs (2) and (3), shall be borne by each relevant agency in proportion to the number of infants and young children using such child care center: Provided, That if it is necessary to adjust cost-sharing due to extenuating circumstances, the ratio of expenses to be borne shall be determined through consultation between an agency in charge of establishing and managing the child care center and agencies using it. <Amended by Presidential Decree No. 23356, Dec. 8, 2011>
(5) If necessary, the business proprietor of a place of business other than those referred to in paragraphs (1) and (2) may establish a workplace child care center to provide child care to employees' children. <Amended by Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 25929, Dec. 30, 2014>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 20-2 (Research Institution on Performance of Duty to Establish Workplace Child Care Centers, etc.)
(1) "Institution prescribed by Presidential Decree" in the former part of Article 14-2 (1) of the Act, means any of the following: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25929, Dec. 30, 2014>
1. The Ministry of Education;
2. The Ministry of Employment and Labor;
3. Cities/Dos.
(2) The Minister of Health and Welfare and the head of an institution referred to in each subparagraph of paragraph (1) (hereinafter referred to as "research institution"), shall conduct a fact-finding survey to assess performance of the duty to establish a workplace child care center, etc., referred to in Article 14 (1) of the Act (hereinafter referred to as "fact-finding survey on performance of duties"), for any of the following places of business, as relevant: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25164, Feb. 11, 2014; Presidential Decree No. 25929, Dec. 30, 2014>
1. The Minister of Education: Places of business which are schools defined in Article 2 of the Higher Education Act, educational administrative agencies defined in Article 2 (4) of the Educational Officials Act (excluding the Ministry of Education), or educational research institutions defined in Article 2 (5) of the same Act;
2. The Minister of Employment and Labor: Places of business subscribed to employment insurance;
3. A Mayor/Do Governor: Places of business which are local administrative agencies located in areas under the jurisdiction of the relevant City/Do (excluding institutions falling under subparagraph 1);
4. The Minister of Health and Welfare: Places of business not specified in subparagraphs 1 through 3.
(3) If necessary to conduct a fact-finding survey to assess performance of duties, the Minister of Health and Welfare and the head of a research institution may request the relevant administrative agency, an institution, organization, etc., subject to the fact-finding survey to assess performance of duties to submit materials, opinions, etc. Upon receipt of such request, the relevant administrative agency, institution, organization, etc., shall comply therewith, except in extenuating circumstances.
[This Article Newly Inserted by Presidential Decree No. 23909, Jun. 29, 2012]
 Article 20-3 (Method, etc. of Fact-Finding Survey on Performance of Duties)
(1) The Minister of Health and Welfare and the head of a research institution shall conduct a fact-finding survey on performance of duties as at December 31 each year, pursuant to the former part of Article 14-2 (1) of the Act.
(2) The head of a research institution shall notify the Minister of Health and Welfare of the results of the survey referred to in paragraph (1) by the end of February the following year, pursuant to the latter part of Article 14-2 (1) of the Act.
(3) Details of a fact-finding survey to assess performance of duties, shall be as follows:
1. Basic matters on a place of business, such as its name, and the number of full-time workers and full-time female workers;
2. The number of infants and young children eligible for child care and demand for child care in the relevant place of business;
3. The actual status of performance of the duty to establish a workplace child care center, etc., referred to in Article 14 of the Act;
4. If a place of business neglects any of its duties to establish a workplace child care center, etc., referred to in Article 14 of the Act, the ground therefor and a performance plan (including timing to perform such duty).
[This Article Newly Inserted by Presidential Decree No. 23909, Jun. 29, 2012]
 Article 20-4 (Timing, Method, etc., of Announcement of Lists)
(1) The Minister of Health and Welfare shall announce a list of places of business, which have neglected any of their duties to establish a workplace child care center, etc., or have failed to respond to a fact-finding survey, by April 30 each year, pursuant to the main body of Article 14-2 (2) of the Act. <Amended by Presidential Decree No. 25929, Dec. 30, 2014>
(2) The list referred to in paragraph (1) shall include the names and addresses of the relevant places of business, the number of full-time workers, the number of full-time female workers, the number of infants and young children eligible for child care, and the grounds for neglecting their duties, or the failure to respond to a fact-finding survey. <Amended by Presidential Decree No. 25929, Dec. 30, 2014>
[This Article Newly Inserted by Presidential Decree No. 23909, Jun. 29, 2012]
 Article 20-5 (Reasons for Exclusion from Announcement of Lists)
"Where reasons prescribed by Presidential Decree exist" under the proviso to Article 14-2 (2) of the Act, means any of the following cases:
1. Where one year has not elapsed since the relevant place of business became subject to the obligation to establish a workplace child care center pursuant to Article 20 (1);
2. Where the relevant place of business is establishing a workplace child care center by formulating a plan to establish the workplace child care center and contributing to construction costs;
3. Where it is deemed unnecessary to announce the list, such as where no demand for child care exists in light of the nature of full-time workers of the relevant place of business.
[This Article Newly Inserted by Presidential Decree No. 23909, Jun. 29, 2012]
 Article 20-6 (Establishment and Operation of Deliberation Committee on Announcement of List of Workplace Child Care Centers)
(1) "Person prescribed by Presidential Decree, such as child care specialists" under Article 14-2 (3) 6 of the Act means a person with good knowledge and experience in child care, such as a person who serves as a professor in the child care-related department at a school defined under Article 2 of the Higher Education Act.
(2) A person falling under Article 14-2 (3) 1 of the Act shall be the chairperson of the deliberation committee on announcement of the list of workplace child care centers referred to in Article 14-2 (3) of the Act (hereinafter referred to as the "committee for deliberation on announcement of list").
(3) The term of office of a commissioned member of the deliberation committee on announcement of the list shall be two years, but may be renewed only once, and the term of office of a member newly commissioned due to the resignation, etc. of another member shall be the remaining term of office of his/her predecessor. <Amended by Presidential Decree No. 26703, Dec. 10, 2015>
(4) The chairperson of the deliberation committee on announcement of the list shall represent the deliberation committee on announcement of the list and exercise overall control over its affairs.
(5) Meetings of the deliberation committee on announcement of the list shall be called by the chairperson when deemed necessary or when at least one-third of all incumbent members request the convocation thereof.
(6) Meetings of the deliberation committee on announcement of the list shall convene with the attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of the members present.
(7) Allowances may be provided, and travel expenses reimbursed, within budgetary limits, to members who attend a meeting of the deliberation committee on announcement of the list: Provided, That the same shall not apply where a member who is a public official attends such meeting in direct relation to his/her affairs.
(8) The deliberation committee on announcement of the list shall have one secretary assigned to conduct affairs of the deliberation committee on announcement of the list, who shall be appointed by the Minister of Health and Welfare from among public officials belonging to the Ministry of Health and Welfare.
(9) Where a member of the deliberation committee on announcement of the list prescribed in Article 14-2 (3) 2 through 6 of the Act falls under any of the following, the Minister of Health and Welfare may dismiss the relevant member: <Newly Inserted by Presidential Decree No. 26703, Dec. 10, 2015>
1. Where a member becomes unable to conduct his/her duties due to mental or physical disorder;
2. Where a member commits a misdeed in connection with his/her duties;
3. Where a member is recognized to be unsuitable to be a member due to neglect of duties, injury to dignity and other grounds;
4. Where a member himself/herself expresses that he/she has difficulties in conducting his/her duties.
(10) Except as otherwise expressly prescribed in paragraphs (1) through (9), matters necessary for operating the deliberation committee on announcement of the list shall be determined by the chairperson, subject to deliberation by the deliberation committee on announcement of the list. <Amended by Presidential Decree No. 26703, Dec. 10, 2015>
[This Article Newly Inserted by Presidential Decree No. 23909, Jun. 29, 2012]
 Article 20-7 (Provision of Opportunity to Make Explanatory Statements)
Before announcing a list pursuant to Article 20-4, the Minister of Health and Welfare shall give written notice of the fact of announcement to business proprietors of places of business subject to announcement of the list pursuant to Article 14-2 (4) of the Act, and provide them with an opportunity to submit explanatory materials or to state their opinions at a meeting of the deliberation committee on announcement of the list of workplace child care centers, within 20 days after receipt of such notice.
[This Article Newly Inserted by Presidential Decree No. 23909, Jun. 29, 2012]
 Article 20-8 (Measures to Secure Safety of Video Information)
(1) An establisher/operator of a child care center shall take the following measures to ensure the safety of video information pursuant to Article 15-5 (3) of the Act:
1. Measures to keep records of access and to prevent forgery or modulation thereof, in order to address any infringement on video information;
2. Measures to control access to video information and to restrict rights to access thereto;
3. Measures to formulate and implement internal management plans for safely processing video information;
4. Physical measures, such as preparing storage facilities for safe keeping of video information and installing locking devices.
(2) Details of the measures necessary to ensure the safety of video information referred to in paragraph (1), shall be prescribed and publicly announced by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 26525, Sep. 15, 2015]
 Article 21 (Standards for Qualifications for Principals, Child Care Teachers, and Staff of Child Care Centers)
The standards for qualifications for principals, child care teachers, and staff of child care centers referred to in Article 21 (1) and (3) of the Act shall be as specified in attached Table 1. <Amended by Presidential Decree No. 23356, Dec. 8, 2011>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 21-2 (Scope of Establishment of Child Care Center Operating Committees)
"Child care centers prescribed by Presidential Decree" under the proviso to Article 25 (1) of the Act means all child care centers, excluding child care centers at parents associations referred to in subparagraph 6 of Article 10 of the Act. <Amended by Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 23618, Feb. 3, 2012>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 21-3 (Grounds for Canceling Designation of Temporary Nursing Services Provider)
"Grounds determined by Presidential Decree" under Article 26-2 (4) 3 of the Act means:
1. Where a temporary nursing services provider is designated by fraudulent or other wrongful means;
2. Where the head or an employee of a temporary nursing services provider receives a punishment pursuant to Article 71 (1) of the Child Welfare Act.
[This Article Newly Inserted by Presidential Decree No. 24904, Dec. 4, 2013]
 Article 21-4 (Preferential Provision of Child Care)
"Child care centers prescribed by Presidential Decree" in the main body other than each subparagraph of Article 28 of the Act means child care centers of corporations, organizations, etc., in subparagraph 3, home-based child care centers in subparagraph 5, and private child care centers in subparagraph 7 of Article 10 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23909, Jun. 29, 2012]
 Article 21-5 (Permission for Establishment of Mutual Aid Association for Safety of Child Care Centers)
(1) Where it is intended to establish a mutual aid association for safety of child care centers referred to in Article 31-2 (2) of the Act (hereinafter referred to as "mutual aid association"), at least eight promoters shall prepare its articles of association and mutual aid by-laws and file an application with the Minister of Health and Welfare for permission therefor. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011>
(2) When the Minister of Health and Welfare grants permission under paragraph (1), he/she shall publicly announce such fact. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Newly Inserted by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 21-6 (Particulars to Be Stated in Articles of Association of Mutual Aid Association)
(1) Matters to be provided for in the articles of association referred to in Article 31-2 (6) of the Act shall be as follows: <Amended by Presidential Decree No. 23356, Dec. 8, 2011>
1. Objectives;
2. Name;
3. Location of the head office;
4. Matters on business;
5. Matters on the standards for a share in investments;
6. Matters on qualifications, etc., for membership;
7. Matters on executives and employees;
8. Matters on the board of directors;
9. Matters on compensation examinations of mutual aid business for safety of child care centers;
10. Matters on assets and accounting;
11. Matters on amendment to the articles of association;
12. Matters on enactment, amendment, and abolition of by-laws;
13. Matters on the method of making public announcements.
(2) Where a mutual aid association intends to amend its articles of association, it shall obtain authorization thereof from the Minister of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Newly Inserted by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 21-7 (Operation and Supervision of Mutual Aid Associations)
(1) A mutual aid association shall prepare and submit both a business plan and budget bill for each business year one month before the relevant business year, and a settlement of accounts for each business year within two months after the relevant business year, to the Minister of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(2) The Minister of Health and Welfare may issue an order to report mutual aid business, or provide guidance to or supervision over the business or property conditions, and may require rectification, if deemed necessary. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Newly Inserted by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 21-8 (Eligible Persons and Standards for Subsidization of Home-Care Allowances)
(1) Persons for whom home-care expenses are subsidized under Article 34-2 (1) of the Act shall be the infants and young children of households, income of which (referring to an amount calculated by adding income to an income amount equivalent to property) does not exceed the amount prescribed by the Minister of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22629, Jan. 20, 2011; Presidential Decree No. 25929, Dec. 30, 2014>
(2) The scope of income, included in the amount of income pursuant to paragraph (1), shall be as follows: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22263, Jul. 9, 2010; Presidential Decree No. 22906, Apr. 22, 2011; Presidential Decree No. 23734, Apr. 17, 2012; Presidential Decree No. 24247, Dec. 21, 2012; Presidential Decree No. 27252, Jun. 21, 2016>
1. Wage and salary income: Income earned by providing labor: Provided, That this shall exclude wage and salary income nontaxable in accordance with the Income Tax Act, but shall include the following pay:
(a) Pay which is nontaxable pursuant to subparagraph 3 (q) of Article 12 of the Income Tax Act;
2. Business income: Any of the following incomes:
(a) Agricultural revenue: Revenue obtained from seeds cultivation business, fruit-growing business, horticultural business, sericultural business, seed and nursery business, special crops-producing business, livestock breeding business, breeding stock business, or from hatching business; and income earned from business incidental thereto;
(b) Forestry revenue: Revenue obtained from forest management business, forest goods-producing business, or from wild bird and animal breeding business; and income earned from business incidental thereto;
(c) Fishery revenue: Revenue obtained from fishery and from business incidental thereto;
(d) Other business revenue: Revenue obtained from wholesale business, retail business, manufacturing business, or other businesses;
3. Property income: Income falling under any of the following items:
(a) Rental income: Income generated by leasing real estate, movable property, rights, or other property;
(b) Interest income: Income exceeding the amount prescribed by the Minister of Health and Welfare, out of income generated by interest, dividend, or discount on deposits, shares, or bonds;
(c) Pension income: Pension or income generated under Article 20-3 (1) 3 through 5 of the Income Tax Act, and income generated under Article 4 (1) 1 (b) of the Insurance Business Act;
4. Public transfer income: Various types of allowances, pensions, pay, or other money or goods provided on a regular basis in accordance with the National Pension Act; the Public Officials Pension Act, the Military Pension Act; the Special Post Offices Act, the Pension for Private School Teachers and Staff Act; the Employment Insurance Act, the Industrial Accident Compensation Insurance Act; the Act on the Honorable Treatment of Persons of Distinguished Service to Independence; the Act on the Honorable Treatment and Support of Persons, etc., of Distinguished Services to the State; the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc., and Establishment of Related Organizations; the Compulsory Motor Vehicle Liability Security Act, the Act on Honorable Treatment of War Veterans, etc., and Establishment of Related Associations, etc.: Provided, That the following money or goods shall be excluded herefrom:
(a) Allowances for adjusting living conditions referred to in Article 14 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence and Article 14 of the Act on the Honorable Treatment and Support of Persons, etc., of Distinguished Service to the State;
(b) War veteran allowances under the Act on Honorable Treatment of War Veterans, etc., and Establishment of Related Associations;
(c) Rehabilitation subsidies referred to in Article 30 (2) of the Compulsory Motor Vehicle Liability Security Act and Article 21 of the Enforcement Decree of the same Act;
(d) Nursing allowances referred to in Article 15 of the Act on the Honorable Treatment and Support of Persons, etc., of Distinguished Services to the State.
(3) The scope of property, included in the amount of income under paragraph (1), shall be as follows: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011>
1. General property: Any of the following properties:
(a) Land, buildings, and housing provided for in subparagraphs 1 through 3 of Article 104 of the Local Tax Act;
(b) Aircraft and ships under subparagraphs 4 and 5 of Article 104 of the Local Tax Act;
(c) Lease deposits for housing, commercial buildings, etc. (including security money for leases on a deposit basis);
(d) Movable property, such as livestock, seeds, and seedlings, the value of which exceeds one million won (excluding movable property prescribed by the Minister of Health and Welfare, including rehabilitation aids for disabled persons), and standing timber under subparagraph 11 of Article 6 of the Local Tax Act;
(e) Membership under subparagraphs 14 through 17 of Article 6 of the Local Tax Act;
(f) The right to acquire a house as an association member pursuant to Article 89 (2) of the Income Tax Act;
(g) The right to acquire a building and land incidental thereto when the construction of the building is completed (excluding the right to acquire a house as an association member pursuant to item (f));
(h) Fishing right pursuant to subparagraph 13 of Article 6 of the Local Tax Act;
2. Financial assets: Any of the following assets:
(a) Financial assets defined in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;
(b) Various insurance products referred to in Article 4 (1) of the Insurance Business Act;
3. Automobiles referred to in Article 124 of the Local Tax Act: Provided, That automobiles used by disabled persons pursuant to Article 39 of the Act on Welfare of Persons with Disabilities and other automobiles prescribed by the Minister of Health and Welfare, shall be excluded herefrom, and automobiles prescribed by the Minister of Health and Welfare, including trucks, shall be deemed general property referred to in subparagraph 1.
(4) The value of property set forth in paragraph (3) shall be calculated by any of the following methods, as relevant, based on the date of the examination referred to in Article 34-5 of the Act (hereinafter referred to as "examination date"): Provided, That if it is impracticable to calculate the value of relevant property, the value shall be calculated as prescribed by the Minister of Health and Welfare, taking into account the type, transaction circumstances, etc., of the relevant property. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22395, Sep. 20, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 23909, Jun. 29, 2012; Presidential Decree No. 24904, Dec. 4, 2013; Presidential Decree No. 25929, Dec. 30, 2014>
1. Paragraph (3) 1 (a): The value determined by the Minister of Health and Welfare, taking into account the statutory standard price, etc., pursuant to the proviso to Article 10 (2) of the Local Tax Act;
2. Paragraph (3) 1 (b): The value determined by the Minister of Health and Welfare, taking into account the statutory standard price, etc., pursuant to the proviso to Article 10 (2) of the Local Tax Act;
3. Paragraph (3) 1 (c): A deposit or security money for lease on a deposit basis stated in a lease contract;
4. Paragraph (3) 1 (d): The current market price in cases of movable property, and the statutory standard price pursuant to Article 4 (1) 5 of the Enforcement Decree of the Local Tax Act in cases of standing timber;
5. Paragraph (3) 1 (e): The statutory standard price pursuant to Article 4 (1) 9 of the Enforcement Decree of the Local Tax Act;
6. Paragraph (3) 1 (f): An amount classified as follows:
(a) Where liquidation proceeds is paid: An amount calculated by adding a price determined according to a management and disposal plan referred to in Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as "appraised value of the existing building") to liquidation proceeds paid;
(b) Where liquidation money is received: An amount calculated by deducting liquidation money received from the appraised value of the existing building;
7. Paragraph (3) 1 (g): An amount paid up until the examination date;
8. Paragraph (3) 1 (h): The statutory standard price referred to in Article 4 (1) 8 of the Enforcement Decree of the Local Tax Act;
9. Paragraph (3) 2: The value by financial property based upon the standards specified in Article 21-9 (1) and (3);
10. Paragraph (3) 3: The value determined by the Minister of Health and Welfare, taking into account the types of automobiles, seating capacity, fixed loading capacity, manufacturing price for each manufacturing year (import price in cases of an imported automobile), transaction price, etc.
[This Article Wholly Amended by Presidential Decree No. 21956, Dec. 31, 2009]
 Article 21-9 (Scope of Financial Information, etc.)
(1) "Average bank account balance and other data or information prescribed by Presidential Decree" referred to in Article 34-4 (2) 1 of the Act means the following: <Amended by Presidential Decree No. 21956, Dec. 31, 2009; Presidential Decree No. 25929, Dec. 30, 2014>
1. On-call deposits, such as ordinary deposits, savings accounts, and free savings accounts: The average balance within the last three months;
2. Savings deposits, such as term deposits, installment deposits, and installment savings: The account balance or the total amount deposited;
3. Shares, beneficiary certificates, investments, and investment equities: Final quotations; and in such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply to evaluation of the quotations of unlisted stocks;
4. Bonds, notes, checks, certificates of debt, and certificates of preemptive right to new stocks: Face value amounts;
5. Pension savings: The amount paid regularly.
(2) "Amount of debts and other data or information prescribed by Presidential Decree" referred to in Article 34-4 (2) 2 of the Act means the following:
1. Loans and details of arrearage;
2. An unsettled credit card balance.
(3) "Insurance premiums and other data or information prescribed by Presidential Decree" referred to in Article 34-4 (2) 3 of the Act means the following:
1. Insurance policies: The amount refundable if insurance is terminated;
2. Pension insurance: An amount paid on a regular basis.
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 21-10 (Request for and Provision of Financial Information, etc.)
(1) Where the Minister of Health and Welfare or the head of a local government requests the head of a financial institution, etc., (referring to a financial institution, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or a credit information concentration agency defined in subparagraph 6 of Article 2 of the Use and Protection of Credit Information Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information (hereinafter referred to as "financial information, etc.") of an applicant for expense subsidies, his/her family members, or a person for whom subsidization for expenses has been determined, pursuant to Article 34-6 of the Act, he/she shall do so using a document stating the following: <Amended by Presidential Decree No. 21765, Oct. 1, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011>
1. The relevant person's name and resident registration number;
2. The scope of financial information, etc., requested, and the base date and period of inquiry.
(2) When the head of a financial institution, etc., so requested under paragraph (1), provides the relevant financial information, etc., to the Minister of Health and Welfare or the head of the relevant local government, he/she shall do so through a document describing the following: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011>
1. The relevant person's name and resident registration number;
2. The name of a financial institution, etc., providing the financial information, etc.;
3. The name and account number of a financial product subject to information disclosure;
4. Details of the financial information, etc.
(3) The Minister of Health and Welfare may request the head of the relevant financial institution, etc., to provide the financial information, etc., referred to in paragraph (1), through the information and communications network of an association, federation, or central association joined by the financial institution, etc. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
(4) When the Minister of Health and Welfare requests financial information, etc., of a person for whom subsidization for expenses has been determined under Article 34-6 (2) of the Act, he/she shall do so to the minimal extent necessary to achieve the objective of the examination referred to in Article 34-5 of the Act. <Newly Inserted by Presidential Decree No. 23356, Dec. 8, 2011>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 22 (Details, Scope, etc., of Free Child Care)
(1) Free care for infants and young children (including those who are disabled children and children of multicultural families referred to in subparagraph 1 of Article 2 of the Multicultural Families Support Act) pursuant to Article 34 (1) of the Act shall be provided to the following: <Amended by Presidential Decree No. 24397, Feb. 28, 2013; Presidential Decree No. 24454, Mar. 23, 2013>
1. Infants and young children who are at least three years of age as of January 1 of the relevant year: Where they are provided, at child care centers, with common child care and educational courses determined after consultation between the Minister of Health and Welfare and the Minister of Education (hereinafter referred to as "common courses"), among the child care courses referred to in Article 29 of the Act: Provided, That this shall include infants and young children who turn three years old during the period between January 2 and March 1 and are provided with common courses at child care centers;
2. Infants and young children who are younger than three years of age as of January 1 each year: Where they are provided with child care courses referred to in Article 29 (excluding common courses) of the Act at child care centers.
(2) Notwithstanding paragraph (1), free child care may be provided for disabled children until they reach twelve years old, if they are provided with child care courses referred to in Article 29 of the Act at child care centers pursuant to Article 34 (2) of the Act. <Newly Inserted by Presidential Decree No. 24397, Feb. 28, 2013>
(3) Except as otherwise expressly prescribed in paragraphs (1) and (2), matters necessary for providing free child care shall be determined by the Minister of Health and Welfare. <Amended by Presidential Decree No. 24397, Feb. 28, 2013>
[This Article Wholly Amended by Presidential Decree No. 23192, Sep. 30, 2011]
 Article 23 (Expenses for Free Child Care)
(1) Expenses incurred in providing free child care referred to in Article 22 (1) 1 shall be covered within budgetary limits, pursuant to Article 34 (3) of the Act, and more specifically, with general subsidies under the Local Education Subsidy Act: Provided, That such expenses shall be covered by the special accounts for supporting early childhood education prescribed in Article 2 of the Act on the Early Childhood Education Support Special Account during the validity period prescribed in Article 2 of Addenda of the same Act. <Amended by Presidential Decree No. 24397, Feb. 28, 2013; Presidential Decree No. 27732, Dec. 30, 2016>
(2) Expenses incurred in providing free child care referred to in Article 22 (1) 2 and free child care for disabled children referred to in Article 22 (2) shall be borne by the State and local governments pursuant to Article 34 (3) of the Act, according to the subsidy rate for child care services prescribed in Article 4 and attached Table 1 of the Enforcement Decree of the Subsidy Management Act. <Amended by Presidential Decree No. 23264, Oct. 26, 2011; Presidential Decree No. 24397, Feb. 28, 2013>
(3) Details of the method, procedures, etc., for subsidizing expenses incurred in providing free child care shall be prescribed by the Minister of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23192, Sep. 30, 2011]
 Article 24 (Subsidization of Expenses)
(1) The State or a local government shall fully or partially subsidize any of the following expenses, within budgetary limits pursuant to Article 36 of the Act. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 23618, Feb. 3, 2012; Presidential Decree No. 24904, Dec. 4, 2013>
1. Expenses incurred in establishing, expanding, reconstructing, improving, or repairing child care centers;
2. Personnel expenses for child care teachers;
3. Expenses for teaching materials and aids;
4. Expenses for establishing and operating local child care support centers;
5. Expenses for employee education and training, such as refresher education;
6. Expenses for providing child care for the vulnerable, such as child care for disabled children;
7. Other expenses deemed necessary for the Minister of Health and Welfare or the head of the relevant local government to operate child care centers, such as vehicle operating expenses.
(2) Matters necessary for the method, etc. of subsidizing expenses specified in paragraph (1), shall be prescribed by the Minister of Health and Welfare or the head of the relevant local government. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 25 (Expenses to Be Borne by Business Proprietor)
A business proprietor who has established a workplace child care center (including where at least two business proprietors jointly establish a workplace child care center) pursuant to Article 14 (1) of the Act or has concluded an outsourcing contract with a local child care center shall bear at least 50/100 of the expenses incurred in operating such child care center and in nursing infants and young children who receive outsourced child care, pursuant to Article 37 of the Act. <Amended by Presidential Decree No. 22263, Jul. 9, 2010; Presidential Decree No. 23356, Dec. 8, 2011>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 25-2 (Imposition and Refund of Charges for Compelling Execution)
(1) The standards for imposing a charge for compelling execution referred to in Article 44-3 (1) of the Act shall be as specified in attached Table 1-2.
(2) Where a disposition of imposition of a charge for compelling the execution is canceled in accordance with an administrative adjudication under the Administrative Appeals Act or a final and conclusive court decision, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall immediately suspend imposition or collection of the charge for compelling execution either ex officio or upon request of the relevant business proprieter, and shall refund the charge for compelling execution already collected.
(3) When the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu refunds a charge for compelling the execution, pursuant to paragraph (2), he/she shall refund it by adding, thereto, an amount calculated by multiplying the period from payment to refund of the charge for compelling the execution, by the interest rate prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Detailed procedures for refunding charges for compelling the execution referred to in paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 26525, Sep. 15, 2015]
 Article 25-3 (Criteria for Computing Surcharges)
The amount of a surcharge referred to in Article 45-2 of the Act shall be calculated by applying the criteria specified in attached Table 1-3, and by based upon standards for the disposition of suspension of operation determined by Ordinance of the Ministry of Health and Welfare, taking into account the type and seriousness of a violation. <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
[This Article Newly Inserted by Presidential Decree No. 23356, Dec. 8, 2011]
 Article 25-4 (Procedures for Imposing and Collecting Surcharges)
(1) Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to impose a surcharge pursuant to Article 45-2 of the Act, he/she shall give written notice of the payment of a surcharge, specifically stating the type of violation, the amount of surcharge, etc.
(2) Upon receipt of notice under paragraph (1), the relevant person shall deliver the surcharge to a collecting agency prescribed by the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu, within 20 days after receipt of such notice: Provided, That if it is impracticable to pay the surcharge during the period due to a natural disaster, force majeure, etc., he/she shall pay the surcharge within seven days from the date such ground ceases to exist.
(3) The collecting agency, in receipt of a surcharge pursuant to paragraph (2), shall issue a receipt to the payer and notify, without delay, such fact to the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu.
(4) No surcharge shall be paid in installments.
(5) Details of the procedures for collecting surcharges shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 23356, Dec. 8, 2011]
 Article 25-5 (Scope, Frequency, and Timing of Public Announcement of Information on Child Care Centers)
(1) "Matters prescribed by Presidential Decree" referred to in Article 49-2 (1) 6 of the Act means the following: <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
1. Matters on completion of refresher education for principals of child care centers referred to in Article 23 of the Act and such education for child care teachers referred to in Article 23-2 of the Act;
2. Matters on implementation of education for the safety of children referred to in Article 31 of the Child Welfare Act;
3. Matters on school buses for children operated by child care centers defined in subparagraph 23 of Article 2 of the Road Traffic Act;
4. Matters on electrical safety inspection referred to in Article 66-2 of the Electric Utility Act.
(2) The scope, frequency, and timing of public announcements of information to be made by principals of child care centers pursuant to Article 49-2 (1) of the Act (hereinafter referred to as "publicly-announced information") shall be as specified in attached Table 1-4. <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
[This Article Newly Inserted by Presidential Decree No. 24904, Dec. 4, 2013]
 Article 25-6 (Method, etc., of Public Announcement of Information on Child Care Centers)
(1) The Minister of Health and Welfare shall establish and operate an information disclosure system through the information and communications network (hereinafter referred to as "information disclosure system") to systematically manage and promptly search for the public information.
(2) Principals of child care centers shall publish publicly-announced information through the information disclosure system pursuant to Article 49-2 (1) of the Act.
(3) Where the principle of a child care center submits publicly-announced information to the Minister of Health and Welfare, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, and the head of the relevant Si/Gun/Gu pursuant to the latter part other than the subparagraphs of Article 49-2 (1) of the Act, he/she shall not submit any publicly-announced information inconsistent with the publicly-announced information published through the information disclosure system pursuant to paragraph (2). <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
(4) Except as otherwise expressly prescribed in Article 25-5 and paragraphs (1) through (3), matters necessary for publishing the publicly-announced information shall be prescribed by the Minister of Health and Welfare. <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
[This Article Newly Inserted by Presidential Decree No. 24904, Dec. 4, 2013]
 Article 25-7 (Violations to Be Publicized, etc.)
(1) "Matters prescribed by Presidential Decree" under the main sentence of Article 49-3 (1) of the Act means the types and addresses of child care centers referred to in Article 10 of the Act. <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
(2) "Matters prescribed by Presidential Decree" under Article 49-3 (2) of the Act means the following: <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
1. The name and address of a child care center to which the person subject to publication referred to in Article 25-8 (2) belonged when he/she committed the violation;
2. Details of the violation;
3. Details of an administrative disposition.
[This Article Newly Inserted by Presidential Decree No. 24904, Dec. 4, 2013]
 Article 25-8 (Procedures, Method, etc., for Publication)
(1) Deleted. <by Presidential Decree No. 26525, Sep. 15, 2015>
(2) Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu publicizes violations pursuant to Article 49-3 (1) of the Act, he/she shall give written notice to the representative, principal, or child care teacher of a child care center determined to be publicized (hereinafter referred to as "person subject to publication") of the fact that he/she is subject to publication, and provide him/her with an opportunity to state his/her opinion. <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
(3) Where the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu receives opinion from a person subject to publication pursuant to paragraph (2), he/she shall verify whether such person’s violations are subject to publication and determine whether to publicize such violations. <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
(4) Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu publicizes violations pursuant to Article 49-3 of the Act, he/she shall do so on the Internet website of the relevant agency during either of the following periods, and may also do so through the information disclosure system or on the Internet website of a child care-related institution, such as child care support center:
1. Violations causing either closure of a child care center pursuant to Article 45 of the Act or revocation of qualifications for the principal or a child care teacher of a child care center pursuant to Article 48 of the Act: Three years;
2. Violations causing suspension of operation of a child care center pursuant to Article 45 of the Act (including where a surcharge is imposed in lieu of suspension of operation thereof pursuant to Article 45-2 of the Act), suspension of qualifications for the principal of a child care center pursuant to Article 46 of the Act, or suspension of qualifications for a child care teacher pursuant to Article 47 of the Act: The relevant period for suspension of operation (referring to the period for suspension of operation which has been substituted by the imposition of a surcharge, if the surcharge is imposed in lieu of suspension of operation pursuant to Article 45-2 of the Act), or a period corresponding to twice the period for suspension of qualifications (or six months, if such period is less than six months).
(5) Where deemed necessary to make an additional publication because a violation subject to publication is serious or repeated, etc., the Minster of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may additionally publicize such violation through a newspaper under the Act on the Promotion of Newspapers, Etc., or through broadcasting under the Broadcasting Act, in addition to the publication pursuant to paragraph (4) during the relevant period referred to in paragraph (4).
(6) Where a Mayor/Do Governor or the head of a Si/Gun/Gu has publicized a violation pursuant to paragraph (4) or (5), the former shall notify, without delay, such fact to the Minister of Health and Welfare and the latter, to the Minister of Health and Welfare through the relevant Mayor/Do Governor.
(7) Except as otherwise expressly prescribed in paragraphs (1) through (6), matters necessary for the procedures, etc., for publication, shall be prescribed by the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 24904, Dec. 4, 2013]
 Article 26 (Delegation of Authority)
(1) The Minister of Health and Welfare shall delegate his/her authority specified as follows, to a Mayor/Do Governor pursuant to Article 51 of the Act: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23618, Feb. 3, 2012; Presidential Decree No. 23909, Jun. 29, 2012; Presidential Decree No. 25164, Feb. 11, 2014>
1. Authority relating to implementation of refresher education referred to in Articles 23 (1) and 23-2 (1) of the Act;
2. Authority relating to orders to receive education referred to in Article 23-3 of the Act.
(2) The Minister of Health and Welfare shall delegate the following authority to the Special Self-Governing Province Governor and the head of a Si/Gun/Gu pursuant to Article 51 of the Act: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 23618, Feb. 3, 2012>
1. Authority to suspend qualifications of principals of child care centers referred to in Article 46 of the Act;
2. Authority to suspend qualifications of child care teachers referred to in Article 47 of the Act;
3. Authority to revoke qualifications of principals or child care teachers of child care centers referred to in Article 48 of the Act.
(3) and (4) Deleted. <by Presidential Decree No. 23618, Feb. 3, 2012>
[This Article Wholly Amended by Presidential Decree No. 21585, Jun. 30, 2009]
 Article 26-2 (Outsourcing of Affairs)
(1) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust affairs specified in Article 51-2 (1) 1 through 4 of the Act to any of the following institutions, organizations, etc. pursuant to Article 51-2 (1) of the Act: Provided, That an institution, organization, etc., referred to in subparagraphs 3 and 4 may be entrusted with only the affairs specified in Article 51-2 (1) 3 of the Act: <Amended by Presidential Decree No. 24904, Dec. 4, 2013>
1. A Government-funded research institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
2. A university or junior college defined under Article 2 of the Higher Education Act, which has a department related to child care or child welfare;
3. A child care support center referred to in Article 7 of the Act;
4. Educational and training facilities referred to in Article 21 (2) 2 of the Act;
5. Other non-profit corporation or organization related to child care.
(2) The Minister of Health and Welfare may entrust any of the following affairs, among affairs specified in Article 51-2 (1) 5 of the Act, to a public organization or institution related to social welfare services defined in subparagraph 6 of Article 2 of the Social Welfare Services Act, pursuant to Article 51-2 (1) of the Act:
1. Providing and managing coupons for nursing services;
2. Processing and settling expenses relating to amounts spent on coupons for nursing services;
3. Establishing and operating a computer system designed to conduct affairs on coupons for nursing services;
4. Other affairs incidental to coupons for nursing services, and prescribed by the Minister of Health and Welfare.
(3) Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu entrusts affairs pursuant to paragraph (1) or (2), he/she shall first publicly announce the standards, procedures, method, etc., for outsourcing on the bulletin board or Internet website of an institution entrusted with such affairs.
(4) Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu has entrusted affairs pursuant to paragraph (1) or (2), he/she shall notify an institution, organization, etc., outsourced with such affairs (hereinafter referred to as "outsourcing institution" in this Article) and details of the entrusted affairs, or shall publicly announce such fact on the bulletin board or Internet website of an entrusting agency.
(5) "Where any other cause prescribed by Presidential Decree exists" under Article 51-2 (3) 3 of the Act means any of the following: <Amended by Presidential Decree No. 23909, Jun. 29, 2012; Presidential Decree No. 26525, Sep. 15, 2015>
1. Where an entrusted institution becomes bankrupt or is dissolved;
2. Where an entrusted institution no longer satisfies the standards for entrustment referred to in paragraph (3);
3. Where an entrusted institution entrusted with affairs specified in Article 51-2 (1) 3 of the Act conducts refresher education, in violation of the curriculum of refresher education referred to in Articles 23 (4) and 23-2 (3) of the Act and matters on the period, method, etc., of refresher education prescribed by Ordinance of the Ministry of Health and Welfare pursuant to Articles 23 (5) and 23-2 (4) of the Act;
4. Where an entrusted institution entrusted with affairs specified in Article 51-2 (1) 3 of the Act conducts refresher education for, and issues a certificate to, a person unqualified to conduct such education, or issues a certificate to a person failing to meet the standards for recognizing completion of such education.
(6) Matters necessary for application procedures and documents for entrustment of affairs, selection of entrusted institutions, etc., shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 23618, Feb. 3, 2012]
 Article 26-3 (Management of Sensitive and Personally Identifiable Information)
(1) If inevitable to conduct the following affairs, the Minister of Health and Welfare (including persons to whom authority of the Minister of Health and Welfare has been delegated under Article 26 or entrusted under Article 26-2) or the head of a local government (including persons to whom relevant authority has been delegated or entrusted, if any) may manage information on health referred to in Article 23 of the Personal Information Protection Act, information that constitutes a criminal history record referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, or foreigner registration numbers referred to in subparagraph 1, 2, or 4 of Article 19 of the same Decree:
1. Affairs concerning establishment, operation, entrustment, or cancelation of entrustment of child care support centers referred to in Article 7 of the Act;
2. Affairs concerning research, and provision of information, on child care referred to in Article 8 of the Act;
3. Affairs concerning fact-finding surveys on child care referred to in Article 9 of the Act;
4. Affairs concerning authorization for establishment or modification of child care centers referred to in Articles 13 and 14 of the Act;
5. Affairs concerning management of appointment, dismissal, career, etc., of child care teachers and staff referred to in Article 19 of the Act;
6. Affairs concerning qualification examinations for principals or child care teachers of child care centers referred to in Article 21 of the Act, and issuance of qualification certificates referred to in Article 22 of the Act;
7. Affairs concerning designation, cancellation of the designation, of educational and training facilities, operation of curricula, etc., referred to in Article 21 (2) 2 of the Act;
8. Affairs concerning refresher education referred to in Articles 23 and 23-2 of the Act;
9. Affairs concerning orders to receive education referred to in Article 23-3 of the Act;
10. Affairs concerning entrusted operation, etc., of national or public child care centers referred to in Article 24 of the Act;
11. Affairs concerning operation of parental monitoring groups referred to in Article 25-2 of the Act;
12. Affairs concerning provision of, and support for, temporary nursing services referred to in Article 26-2 of the Act;
13. Affairs concerning management of infants and young children eligible to use child care centers referred to in Article 27 of the Act;
14. Affairs concerning preferential provision of child care referred to in Article 28 of the Act;
15. Affairs concerning development, proliferation, etc., of standard child care courses referred to in Article 29 of the Act;
16. Affairs concerning accreditation of child care centers referred to in Article 30 of the Act;
17. Affairs concerning free child care referred to in Article 34 of the Act;
18. Affairs concerning subsidization for home-care expenses referred to in Article 34-2 of the Act;
19. Affairs concerning provision and use of coupons for nursing services referred to in Article 34-3 of the Act;
20. Affairs concerning subsidization for expenses of child care services referred to in Article 36 of the Act;
21. Affairs concerning refund of expenses and subsidies referred to in Article 40 of the Act;
22. Affairs concerning recovery of subsidies for expenses referred to in Article 40-2 of the Act;
23. Affairs concerning closure, suspension, resumption, etc., of the operation of child care centers referred to in Article 43 of the Act;
24. Affairs concerning orders for rectification or modification referred to in Article 44 of the Act;
25. Affairs concerning suspension of operation, and closure, of child care centers referred to in Article 45 of the Act;
26. Affairs concerning the imposition and collection of surcharges referred to in Article 45-2 of the Act;
27. Affairs concerning suspension or revocation of qualifications for principals or child care teachers of child care centers referred to in Articles 46 through 48 of the Act;
28. Affairs concerning public announcement of information on child care centers referred to in Article 49-2 of the Act;
29. Affairs concerning publication of violations referred to in Article 49-3 of the Act.
(2) If essential to conduct the following affairs, an establisher/operator of a child care center may manage data containing resident registration numbers or foreigner registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Newly Inserted by Presidential Decree No. 26525, Sep. 15, 2015>
1. Affairs concerning inspection, etc., of video information referred to in Article 15-5 of the Act;
2. Affairs concerning appointment and dismissal of child care teachers and staff referred to in Article 19 (2) of the Act;
3. Affairs concerning management of infants and young children eligible to use child care centers referred to in Article 27 of the Act;
4. Affairs concerning preferential provision of child care referred to in Article 28 of the Act.
(3) If essential to conduct affairs concerning mutual aid business for safety of child care centers referred to in Article 31-2 (1) of the Act, a mutual aid association may manage data containing resident registration numbers or foreigner registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, with the consent of the guardian of the relevant infant or young child, etc. <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
[This Article Wholly Amended by Presidential Decree No. 25929, Dec. 30, 2014]
 Article 26-4 (Review of Regulations)
The Minister of Health and Welfare shall assess the appropriateness of the following matters every three years from either of the following base dates (referring to by the day before every third anniversary from the base date), and shall take improvement measures, etc.: <Amended by Presidential Decree No. 26525, Sep. 15, 2015>
1. Criteria for computing surcharges referred to in Article 25-3 and attached Table 1-3: January 1, 2015;
2. Criteria for imposing administrative fines referred to in Article 27 and attached Table 2: January 1, 2014.
[This Article Wholly Amended by Presidential Decree No. 25929, Dec. 30, 2014]
 Article 27 (Criteria for Imposing Administrative Fines)
The criteria for imposing administrative fines referred to in Article 56 (1) and (2) of the Act shall be as specified in attached Table 2.
[This Article Wholly Amended by Presidential Decree No. 22906, Apr. 22, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 30, 2005: Provided, That the amended provisions of Article 20 (1) shall enter into force on January 30, 2006.
Article 2 (Transitional Measures concerning Entrustment with Operation Affairs of Nursery Information Centers)
Operational affairs of nursery information centers entrusted under the former provisions as at the time this Decree enters into force, shall be deemed entrusted under this Decree. In such cases, the Minister of Women, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall publicly announce the details of entrusted institutions and affairs pursuant to Article 16 (1) of this Decree.
Article 3 (Transitional Measures concerning Standards for Qualifications for Heads of Nurseries)
(1) A person who majors in a department related to early childhood education or child welfare prescribed by Ordinance of the Ministry of Women pursuant to Article 9 (2) 1 of the amended Child Care Act (Act No. 7186) (hereinafter referred to as the "former Act") at a graduate school referred to in Article 29 of the Higher Education Act as at the time this Decree enters into force shall be deemed qualified as the head of a nursery under this Decree, if he/she establishes a nursery after registering at least a master's degree with the Ministry of Education and Human Resources.
(2) A person who majors in a department related to early childhood education or child welfare prescribed by Ordinance of the Ministry of Women pursuant to Article 9 (2) 1 of the former Act at a junior college referred to in Article 47 of the Higher Education Act or at a school at least equivalent to as at the time this Decree enters into force shall be deemed qualified as the head of a nursery under this Decree, if he/she establishes a nursery for fewer than 40 infants and young children after graduating from such college or school.
(3) A person taking specified educational courses at educational and training facilities prescribed by Ordinance of the Ministry of Women pursuant to Article 9 (2) 2 of the former Act as at the time this Decree enters into force shall be deemed qualified as the head of a nursery under this Decree, if he/she establishes a nursery for fewer than 40 infants and young children after completing such educational courses.
Article 4 (Transitional Measures concerning Qualifications for Child Care Teachers)
(1) Qualifications for Grade I and II child care teachers granted under the former provisions as at the time this Decree enters into force shall be deemed granted as such under this Decree.
(2) Qualifications for a Grade I child care teacher under this Decree shall be recognized for a person who majors in a department referred to in Article 9 (2) 1 of the former Act as at the time this Decree enters into force and graduates from such department; and those for a Grade II child care teacher under this Decree shall be recognized for a person who takes educational courses referred to in Article 9 (2) 2 of the former Act as at the time this Decree enters into force and completes such courses.
Article 5 (Relationship with Other Statutes)
A citation of any former provisions in any other Act or subordinate statute as at the time this Decree enters into force shall be deemed a citation of the corresponding provisions of this Decree in lieu of the former provisions, if such corresponding provision exists herein.
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19446, Apr. 13, 2006>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26 shall enter into force on December 30, 2006.
(2) (Transitional Measures concerning Establishment of Nursery Operating Committees) A nursery falling under the amended provisions of Article 21-2 as at the time this Decree enters into force shall establish a nursery operating committee within three months from the date this Decree enters into force.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21396, Mar. 31, 2009>
This Decree shall enter into force on April 1, 2009.
ADDENDA <Presidential Decree No. 21585, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009.
Article 2 (Support for Establishment of Mutual Aid Association)
The Minister of Health and Welfare may establish and operate a committee to support establishment of a mutual aid association for safety of nurseries in order to handle affairs necessary for supporting establishment of a mutual aid association, such as preparation of the articles of association and mutual aid by-laws, composition of promoters, etc.
Article 3 (Transitional Measures concerning Free Child Care)
The former provisions shall apply to persons eligible for free child care as at the time this Decree enters into force, notwithstanding the amended provisions of Article 22 (1).
ADDENDA <Presidential Decree No. 21765, Oct. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21956, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Transitional Measures)
Where a person in receipt of subsidies for home-care allowances as at the time this Decree enters into force, is made ineligible for subsidization for home-care allowances due to the application of the amended provisions of Article 21-6 (2) 1, he/she shall be deemed eligible for subsidization for home-care allowances for six months from the date this Decree enters into force by applying the former provisions.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22263, Jul. 9, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 22629, Jan. 20, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22906, Apr. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23192, Sep. 30, 2011>
This Decree shall enter into force on March 1, 2012.
ADDENDA <Presidential Decree No. 23264, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011: Provided, That Article 2 (35) of the Addenda shall enter into force on February 5, 2012, and the amended provisions of attached Table 1 shall enter into force on March 1, 2014.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23618, Feb. 3, 2012>
This Decree shall enter into force on February 5, 2012.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ㆍㆍㆍ (Omitted.)ㆍㆍㆍthe amended provisions of Articles 2 and 3 of the Addenda shall enter into force on July 22, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 23909, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012.
Article 2 (Special Cases concerning Fact-Finding Survey on Performance of Duty to Establish Workplace Child Care Centers, etc.)
Notwithstanding the amended provisions of Article 20-3 (1) and (2), a fact-finding survey to assess performance of duties for 2012 shall be conducted based on September 30, 2012, and the head of a research institution shall notify the results thereof to the Minister of the Health and Welfare by not later than November 30, 2012.
Article 3 (Transitional Measures concerning Organization of Local Child Care Policy Committees)
A local child care policy committee organized under the former provisions as at the time this Decree enters into force shall be deemed organized under the amended provisions of Article 6 (3): Provided, That where a member is newly commissioned or appointed, the amended provisions of Article 6 (3) shall apply.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 24397, Feb. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2013.
Article 2 (Special Cases concerning Expenses for Free Child Care)
Notwithstanding the amended provisions of Article 23 (1), expenses incurred in providing free child care pursuant to the amended provisions of Article 22 (1) 1 shall be covered by general subsidies under the Local Education Subsidy Act and an amount borne by the State and a local government according to the subsidization ratio for child care services referred to in Article 4 and attached Table 1 of the Enforcement Decree of the Subsidy Management Act, up until December 31, 2014.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24904, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013.
Article 2 (Special Cases concerning Public Announcement of Information)
Notwithstanding the amended provisions of attached Table 1-3, the first public announcement after this Decree enters into force may be made by December 31, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25164, Feb. 11, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDUM <Presidential Decree No. 25929, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26525, Sep. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 19, 2015: Provided, That the amended provisions of Article 25-2 and attached Table 1-2 shall enter into force on January 1, 2016.
Article 2 (Transitional Measures concerning Criteria for Computing Surcharges)
The former provisions shall apply to surcharges imposed for violations committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 1-3.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27732, Dec. 30, 2016>
This Decree shall enter into force on January 1, 2017.