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ENFORCEMENT DECREE OF THE NATIONAL BASIC LIVING SECURITY ACT

Presidential Decree No. 16924, Jul. 27, 2000

Amended by Presidential Decree No. 17759, Oct. 14, 2002

Presidential Decree No. 17877, Jan. 2, 2003

Presidential Decree No. 19351, Feb. 22, 2006

Presidential Decree No. 19768, Dec. 21, 2006

Presidential Decree No. 20131, jun. 28, 2007

Presidential Decree No. 20679, Feb. 29, 2008

Presidential Decree No. 20870, jun. 25, 2008

Presidential Decree No. 20947, Jul. 29, 2008

Presidential Decree No. 21573, jun. 26, 2009

Presidential Decree No. 21640, Jul. 24, 2009

Presidential Decree No. 21765, Oct. 1, 2009

Presidential Decree No. 21926, Dec. 30, 2009

Presidential Decree No. 21928, Dec. 30, 2009

Presidential Decree No. 21962, Dec. 31, 2009

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22269, Jul. 12, 2010

Presidential Decree No. 23128, Sep. 8, 2011

Presidential Decree No. 23461, Dec. 30, 2011

Presidential Decree No. 23734, Apr. 17, 2012

Presidential Decree No. 23842, jun. 7, 2012

Presidential Decree No. 23850, jun. 12, 2012

Presidential Decree No. 24018, Aug. 3, 2012

Presidential Decree No. 24247, Dec. 21, 2012

Presidential Decree No. 24454, Mar. 23, 2013

Presidential Decree No. 24638, jun. 28, 2013

Presidential Decree No. 24890, Dec. 4, 2013

Presidential Decree No. 25427, jun. 30, 2014

Presidential Decree No. 25659, Oct. 15, 2014

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 26206, Apr. 20, 2015

Presidential Decree No. 26843, Dec. 31, 2015

Presidential Decree No. 27240, jun. 21, 2016

Presidential Decree No. 27252, jun. 21, 2016

Presidential Decree No. 27616, Nov. 29, 2016

Presidential Decree No. 28074, May 29, 2017

Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the National Basic Living Security Act and matters necessary for enforcing said Act.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 2 (Individual Household)
(1) An individual household defined in subparagraph 8 of Article 2 of the National Basic Living Security Act (hereinafter referred to as the "Act"), shall be comprised of any of the following persons: <Amended by Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 26843, Dec. 31, 2015>
1. A person registered on the resident registration record for each household referred to in Article 6 (1) of the Enforcement Decree of the Resident Registration Act (excluding cohabitants), among inhabitants defined in Article 6 (1) 1 of the same Act;
2. Any of the following persons not specified in subparagraph 1:
(a) The spouse of a person falling under subparagraph 1 (including a person in a de facto marital relationship therewith; hereinafter the same shall apply);
(b) A person under 30 years of age, among unmarried children of a person falling under subparagraph 1;
(c) A person who shares livelihood or dwells with a person falling under subparagraph 1 (limited to where a person responsible for livelihood, among persons falling under subparagraph 1, is his/her obligatory provider).
(2) Notwithstanding paragraph (1), any of the following persons shall be excluded from an individual household: <Amended by Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 27616, Nov. 29, 2016>
1. A person whose livelihood is guaranteed in connection with performing duties, while living in other place to perform his/her legal duties, such as a soldier in active duty;
2. A person who resides abroad for more than 90 days in total, during the last six months;
3. A person who is housed in a correctional institution, detention center, facility for treatment and custody, etc. specified in the Administration and Treatment of Correctional Institution Inmates Act; the Act on Medical Treatment and Custody, Etc.; or any other statute;
4. A person who is paid benefits by any livelihood security facility referred to in Article 32 of the Act;
5. A person for whom the procedures for declaring disappearance are pending;
6. A person for whom one month has elapsed since he/she was reported to a police station or any other administrative agency as absconding or missing; or who has been confirmed as absconding or missing by a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu);
7. Any other person confirmed by the head of a Si/Gun/Gu to earn livelihood or dwell separately from a person falling under paragraph (1) 1.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 3 (Second-Lowest Income Bracket)
"Low-middle income class recognized as earning below the criteria prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Act means persons recognized as earning below 50/100 of the standard median income.
[This Article Wholly Amended by Presidential Decree No. 26206, Apr. 20, 2015]
 Article 3-2 Moved to Article 3
 Article 4 (Scope of Foreigners who Qualify as Eligible Recipients)
A foreigner who qualifies as an eligible recipient pursuant to Article 5-2 of the Act, shall be any of the following persons who has filed for foreigner registration pursuant to Article 31 of the Immigration Act:
1. A person married to a national of the Republic of Korea, who falls under any of the following:
(a) Where the person in question or the person's spouse who is a national of the Republic of Korea, is pregnant;
(b) Where the person rears any minor child who is a national of the Republic of Korea (including a person in a stepfather-stepchild relationship; stepmother-stepchild relationship; or adoptive relationship; hereafter in this Article, the same shall apply);
(c) Where the person shares livelihood or dwells with his/her spouse's lineal ascendant who is a national of the Republic of Korea;
2. A person who has been divorced from or bereaved of his/her spouse, who is a national of the Republic of Korea; and either rears any minor child who is a national of the Republic of Korea, or is pregnant with a child of the deceased spouse.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 5 (Scope of Income)
(1) "Actual income" in the main sentence of Article 6-3 (1) of the Act means the aggregate of the following income: <Amended by Presidential Decree No. 23734, Apr. 17, 2012; Presidential Decree No. 24247, Dec. 21, 2012; Presidential Decree No. 25427, Jun. 30, 2014; Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 26843, Dec. 31, 2015; Presidential Decree No. 27252, Jun. 21, 2016>
1. Earned income: Income earned in exchange for labor: Provided, That earned income not taxable under the Income Tax Act shall be excluded herefrom, and any of the following salaries shall be included herein:
(a) A salary not taxable under subparagraph 3 (q) of Article 13 of the Income Tax Act;
2. Business income:
(a) Agricultural income: Income earned from seed cultivation business; fruit growing or horticulture business; sericulture business; seed and seedling growing business; special crop-producing business; livestock farming business; breeding stock business; or incubation business; as well as from business incidental thereto;
(b) Forestry income: Income earned from forest management business; forestry product-producing business; or wild bird and animal breeding business; as well as from business incidental thereto;
(c) Fishery income: Income earned from fishery as well as from business incidental thereto;
(d) Other business income: Income earned from wholesale business; retail business; manufacturing business; or any other business;
3. Property income:
(a) Rental income: Income generated from renting any real estate, movable property, right, or any other property;
(b) Interest income: Income at least equal to the amount prescribed by the Minister of Health and Welfare, among income generated from interest, dividends or discounts derived from deposits, stocks or bonds;
(c) Pension income: Income generated from pension or income earned pursuant to Article 20-3 (1) 2 or 3 of the Income Tax Act, as well as from pension insurance referred to in Article 4 (1) 1 (b) of the Insurance Business Act;
4. Transfer income (The scope of any of the following transfer income may be determined otherwise, for persons in the second-lowest income bracket (hereinafter referred to as "persons in the second-lowest income bracket") based upon their living conditions, etc., as prescribed and publicly notified by the Minister of Health and Welfare):
(a) Money and goods received regularly from relatives, supporters, etc., with the value at least equal to the amount prescribed by the Minister of Health and Welfare;
(b) The amount prescribed by the Minister of Health and Welfare pursuant to Article 5-6 (1) 4 (c);
(2) Notwithstanding paragraph (1), none of the following money and goods shall be deemed income: <Amended by Presidential Decree No. 26843, Dec. 31, 2015>
1. Money and goods not deemed provided regularly, such as retirement allowances; prize money; compensation; earned income subsidies referred to in Article 100-2 of the Restriction of Special Taxation Act; and child care subsidies referred to in Article 100-27 of the same Act;
2. Money for nursery expenses; money for school expenses; or similar money and goods which the relevant person receives due to using nursing or educational services or similar services;
3. Money and goods prescribed by the Minister of Health and Welfare, paid or provided by a local government pursuant to Article 43 (5) of the Act.
(3) A livelihood security agency may add the income verified by examining the living conditions, etc. of each individual household, to the actual income calculated pursuant to paragraph (1) or (2), in any of the following circumstances; and in such cases, the detailed standards for verifying and calculating such actual income shall be prescribed by the Minister of Health and Welfare: <Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015>
1. Where income-related data of a recipient or eligible recipient are nonexistent or unclear;
2. Where income-related data are deemed unreliable by a livelihood security agency, considering the minimum wage, etc. referred to in Article 5 of the Minimum Wage Act.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 5-2 (Scope of Assessed Income, and Criteria for Assessing Income)
The assessed income referred to in Article 6-3 (1) of the Act, shall be the remainder after deducting an amount specified in subparagraph 1 through 12, from the actual income referred to in Article 5: <Amended by Presidential Decree No. 27252, Jun. 21, 2016; Presidential Decree No. 28074, May 29, 2017>
1. An amount of basic benefits referred to in Article 6 of the Act on Pensions for Persons with Disabilities; and an amount of additional benefits referred to in Article 7 of the same Act;
2. A disability allowance referred to in Article 49 of the Act on Welfare of Persons with Disabilities; and an allowance for children with disabilities and guardian allowance referred to in Article 50 of the same Act;
3. Childcare expenses referred to in Article 12 (1) 4 of the Single-Parent Family Support Act;
4. An allowance referred to in Article 7 (7) of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants, etc. and Establishment of Related Organizations (limited to an amount corresponding to the basic benefits and the additional benefits referred to in subparagraph 1);
6. An amount not exceeding 12/100 of the standard median income of each household publicly notified by the Minister of Health and Welfare pursuant to subparagraph 11 of Article 2 of the Act, of the honorable war veteran allowance referred to in Article 6 of the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations;
7. Medical expenses incurred continuously due to treatment of chronic diseases, etc., medical care, or rehabilitation;
8. An amount equivalent to 50/100 of the income earned by a person with a disability, by participating in any vocational rehabilitation activity performed by any of the following facilities:
(a) Community rehabilitation facilities for persons with disabilities (limited to welfare centers for persons with disabilities) and vocational rehabilitation facilities for persons with disabilities, among the welfare facilities for persons with disabilities referred to in Article 58 of the Act on Welfare of Persons with Disabilities;
(b) Rehabilitative training facilities (limited to daytime rehabilitation facilities) referred to in Article 27 (1) 2 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
9. Deleted; <by Presidential Decree No. 26843, Dec. 31, 2015>
10. An amount equivalent to 30/100 of the income referred to in Article 5 (1) 1 or 2 earned by students, persons with disabilities, the aged, and persons between the ages of 18 and 24 years;
11. An amount obtained by multiplying the income referred to in Article 5 (1) 1 or 2 by a rate prescribed by the Minister of Health and Welfare within the scope of 10/100, not falling under subparagraphs 8 through 10;
12. An amount of other money and goods prescribed by the Minister of Health and Welfare, as he/she deems that additional expenditure is necessary given the nature of individual households.
[This Article Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015]
 Article 5-3 (Scope of Property and Criteria for Property Valuation)
(1) The scope of property subject to conversion into income in the latter part of Article 6-3 (2) of the Act, shall include any of the following property: <Amended by Presidential Decree No. 26843, Dec. 31, 2015>
1. General property:
(a) Land, buildings and housing defined in subparagraphs 1 through 3 of Article 104 of the Local Tax Act: Provided, That property owned by a clan; communal property of a village; or similar property used for common purposes, shall be excluded herefrom;
(b) Aircraft and ships defined in subparagraphs 4 and 5 of Article 104 of the Local Tax Act;
(c) A deposit for lease of housing, a commercial building, etc. (including a security deposit for lease on a deposit basis);
(d) Movables of at least one million won, such as livestock, seeds and seedlings (excluding movable property prescribed by the Minister of Health and Welfare, such as assistive rehabilitation devices for persons with disabilities), and standing timber referred to in subparagraph 11 of Article 6 of the Local Tax Act;
(e) Fishing rights defined in subparagraph 13 of Article 6 of the Local Tax Act;
(f) Membership defined in subparagraphs 14 through 18 of Article 6 of the Local Tax Act;
(g) Right to acquire a house as a housing association member referred to in Article 89 (2) of the Income Tax Act;
(h) Right to acquire a building and appertinent land upon completion of construction of such building (excluding the right to acquire a house as a housing association member referred to in item (g));
2. Monetary assets:
(a) Cash and financial assets defined in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;
(b) An insurance product defined in subparagraph 1 of Article 2 of the Insurance Business Act;
3. Automobiles referred to in Article 124 of the Local Tax Act: Provided, That automobiles prescribed and publicly notified by the Minister of Health and Welfare, such as an automobile used by a person with a disability, shall be excluded herefrom;
4. Property sold to other persons, within the past five years from the date an investigation is conducted pursuant to Article 22, 23 or 24 of the Act (hereinafter referred to as "date of investigation"), among property referred to in subparagraphs 1 through 3: Provided, That where the amount of property sold has already been calculated; or where it has been verified that such amount was spent for any household member, such as purchasing other property, repaying debts, or paying medical expenses, shall be excluded herefrom.
(2) Where any member of an individual household uses, or profits from, any property specified in paragraph (1) of a person falling under Article 2 (2) 1 through 6, the relevant property shall be included in property of such individual household.
(3) The value of property referred to in paragraph (1) or (2), shall be calculated as at the date of investigation according to the following classifications: Provided, That where it is impracticable to calculate the value of property, the value thereof shall be calculated as prescribed by the Minister of Health and Welfare based upon the type, transaction situation, etc. of such property. <Amended by Presidential Decree No. 26843, Dec. 31, 2015>
1. Land, buildings, and housing referred to in paragraph (1) 1 (a): The value determined by the Minister of Health and Welfare, based upon the standard market prices, etc. referred to in Article 4 (1) and (2) of the Local Tax Act;
2. Aircraft and ships referred to in paragraph (1) 1 (b): The value determined by the Minister of Health and Welfare, based upon the standard market prices, etc. referred to in Article 4 (2) of the Local Tax Act;
3. A deposit for lease referred to in paragraph (1) 1 (c): The deposit or security deposit for lease on a deposit basis, specified in the relevant lease contract;
4. Movable property and standing timber referred to in paragraph (1) 1 (d): The value classified as follows:
(a) Movables: The relevant market price as at the date of investigation;
(b) Standing timber: The standard market price referred to in Article 4 (1) 5 of the Enforcement Decree of the Local Tax Act;
5. Fishing rights referred to in paragraph (1) 1 (e): The standard market price referred to in Article 4 (1) 8 of the Enforcement Decree of the Local Tax Act;
6. Membership referred to in paragraph (1) 1 (f): The standard market price referred to in Article 4 (1) 9 of the Enforcement Decree of the Local Tax Act;
7. Right to acquire a house as a housing association member referred to in paragraph (1) 1 (g): An amount classified as follows:
(a) Where the relevant person has paid liquidation money: The aggregate of the price determined under the 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 "assessed value of the previous building"), and the liquidation money paid;
(b) Where the relevant person has received liquidation money: The remainder after deducting the liquidation money received, from the assessed value of the previous building;
8. The right referred to in paragraph (1) 1 (h): The amount paid as at the date of investigation;
9. Monetary assets referred to in paragraph (1) 2: The value for each monetary asset referred to in subparagraphs 1 and 3 of Article 36;
10. An automobile referred to in paragraph (1) 3: The value determined by the Minister of Health and Welfare, based upon the vehicle type, its capacity, loading quantity, wholesale price (the import price if the automobile is imported), market price, etc.;
11. Property referred to in paragraph (1) 4: The remainder after deducting an amount equivalent to the standard prescribed and publicly notified by the Minister of Health and Welfare, such as an amount equivalent to living expenses and an amount incurred for special purposes, from the value calculated as at the disposal date of such property pursuant to subparagraphs 1 through 10 of this paragraph.
[This Article Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015]
 Article 5-4 (Amount of Income-Equivalent of Property)
(1) The amount of income-equivalent of property referred to in Article 6-3 (2) of the Act, shall be the aggregate of the following amounts:
1. An amount calculated by multiplying the remainder after deducting the following amounts (hereafter in this paragraph, referred to as "amount of fundamental property, etc.") from the property value referred to in Article 5-3 (1) 1 and the value of automobiles prescribed and publicly notified by the Minister of Health and Welfare, such as trucks, among automobiles referred to in Article 5-3 (1) 3 (hereinafter in this paragraph, referred to as "general property equivalent"), by the income conversion rate referred to in paragraph (2) (hereafter in this paragraph, referred to as "income conversion rate"); and in such cases, the general property equivalent shall be 0, if the remainder after deducting the amount of fundamental property, etc. from the general property equivalent is less than 0; and a difference of less than 0 shall be deducted from the property value referred to in Article 5-3 (1) 2:
(a) The amount of fundamental property prescribed and publicly notified by the Minister of Health and Welfare, as deemed necessary for guaranteeing a basic livelihood;
(b) A rental deposit (including security deposit for lease on a deposit basis); loans received from a finance company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as "finance company, etc."); and other debts prescribed and publicly notified by the Minister of Health and Welfare;
2. An amount calculated by multiplying the remainder after deducting the amount saved for any purpose specified in Article 21-2 (3) and deposited into an account opened to use only for such purpose pursuant to a contract with a finance company, etc. (excluding where the relevant savings are terminated before the expiration of the contract) from the property value referred to in Article 5-3 (1) 2, by the income conversion rate: Provided, That where the amount deducted under the latter part of the main sentence of subparagraph 1 is less than 0, the value of monetary assets shall be 0;
3. An amount calculated by multiplying the property value referred to in Article 5-3 (1) 3 (excluding the value of automobiles prescribed and publicly notified by the Minister of Health and Welfare, such as trucks, among automobiles referred to in Article 5-3 (1) 3), by the income conversion rate.
(2) The income conversion rate referred to in Article 6-3 (2) of the Act, shall be prescribed and publicly notified by the Minister of Health and Welfare based upon the interest rate, inflation rate, and appreciation rate of real property and security deposit for lease on a deposit basis.
(3) Where the Minister of Health and Welfare publicly notifies the amount of fundamental property and the income conversion rate pursuant to item (a) of paragraph (1) and paragraph (2), he/she may differentiate such amount and rate for persons in the second-lowest income bracket from those for recipients, based upon the living conditions, etc. of the persons in the second-lowest income bracket. <Newly Inserted by Presidential Decree No. 26843, Dec. 31, 2015>
[This Article Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015]
 Article 5-5 (Standards, etc. for Benefits Paid to Persons in Second-Lowest Income Bracket)
(1) Benefits paid to persons in the second-lowest income bracket pursuant to Article 7 (3) of the Act, shall be self-support benefits. <Amended by Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 26843, Dec. 31, 2015>
(2) Self-support benefits referred to in paragraph (1) shall be paid pursuant to Articles 17 through 21 and 21-2 in consideration of the ability to work, employment status, household conditions, etc., of persons in the second-lowest income bracket.
(3) Procedures for applying for, and paying, self-support benefits under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 5-6 (Persons Incapable of Providing Support)
(1) "Obligatory provider failing to meet the income and property criteria prescribed by Presidential Decree" in Article 8-2 (1) 1 of the Act means any of the following obligatory providers: <Amended by Presidential Decree No. 23461, Dec. 30, 2011; Presidential Decree No. 26206, Apr. 20, 2015>
1. A recipient;
2. Deleted; <by Presidential Decree No. 26206, Apr. 20, 2015>
3. Any of the following persons for whom the amount of income-equivalent of property is less than the amount prescribed and publicly notified by the Minister of Health and Welfare:
(a) A person for whom the remainder after deducting, from the actual income referred to in Article 5, the amount prescribed and publicly notified by the Minister of Health and Welfare based upon diseases, education, and household characteristics (hereinafter referred to as "income remaining after deduction") is less than the standard median income;
(b) A person engaged in daily work, etc.; and in such cases, daily work means work the remuneration for which is paid on a daily or hourly basis during which labor is provided, and the employment contract term for which is less than one month;
4. A person satisfying all of the following requirements, who is not specified in subparagraphs 1 through 3:
(a) The income remaining after deduction must be less than the amount calculated by aggregating 40/100 of the standard median income of eligible recipients and the standard median income of the relevant obligatory provider;
(b) The income-equivalent of property must be less than the amount prescribed and publicly notified by the Minister of Health and Welfare;
(c) The relevant person must regularly pay the relevant eligible recipient an amount determined by the Minister of Health and Welfare within the scope of the remainder after deducting, from the income remaining after deduction of the obligatory provider, an amount equivalent to the standard median income of obligatory providers of the relevant household;
5. Deleted. <by Presidential Decree No. 26206, Apr. 20, 2015>
(2) Notwithstanding paragraph (1), the Minister of Health and Welfare may relax the criteria for recognizing the ability to provide support, in any of the following cases: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Where an obligatory provider is a married daughter, or a lineal ascendant of a married daughter;
2. Where a person with a severe disability defined in subparagraph 1 of Article 2 of the Act on Pensions for Persons with Disabilities resides in the household of an obligatory provider;
3. Cases prescribed by the Minister of Health and Welfare, where the relevant household lacks means to earn income due to the nature of the relevant eligible recipient's household, such as the aged, a person with a disability, and a single parent.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 6 (Method of Paying Living Benefits)
(1) Where monetary benefits for living are prepaid monthly under the main sentence of Article 9 (2) of the Act and Article 27-2 of the Act, such benefits shall be deposited into a designated account of a finance company, etc. in the relevant recipient's name, on the 20th day of each month (the preceding day, if it is a Saturday or public holiday). In such cases, where the relevant recipient falls under any of the following circumstances, such monetary benefits may be deposited into an account in the name of the recipient's spouse, lineal blood relative, or collateral blood relative within the third degree of relationship: <Amended by Presidential Decree No. 25659, Oct. 15, 2014; Presidential Decree No. 26206, Apr. 20, 2015>
1. Where adjudication on the commencement of adult guardianship is made final and conclusive;
2. Where monetary claims have been confiscated due to default;
3. Where it is impracticable to open an account in the relevant person's name on the grounds of his/her dementia or immobility prescribed by the Minister of Health and Welfare.
(2) Where a livelihood security agency intends to deposit monetary benefits for living into an account under the latter part of paragraph (1), it shall provide prior guidance on the grounds for the payment, the use of the benefits to be deposited, prohibition of using the same for any other purpose, etc., as prescribed by the Minister of Health and Welfare.
(3) A person who intends to receive monetary benefits for living through an account under the latter part of paragraph (1) after receiving guidance under paragraph (2), shall submit the document prescribed by Ordinance of the Ministry of Health and Welfare to the relevant livelihood security agency.
(4) Where a recipient or a person who is to receive monetary benefits through a bank account under the latter part of paragraph (1) lives in an area where no finance company, etc. exists, or in extenuating circumstances, such as information and communications disruptions, such monetary benefits may be paid directly to such recipient or such person, notwithstanding paragraph (1). <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 7 (Recipients Able to Work)
(1) A recipient able to work in the former part of Article 9 (5) of the Act, shall be a recipient between the ages of 18 and 64 years: Provided, That any of the following persons shall be excluded herefrom: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
2. A person determined by the head of a Si/Gun/Gu as unable to work based on a work ability assessment, among persons in need of medical treatment or care due to diseases, injuries, or aftereffects thereof;
3 and 4 Deleted; <by Presidential Decree No. 23461, Dec. 30, 2011>
5. Any other person prescribed by the Minister of Health and Welfare as unable to work.
(2) The head of a Si/Gun/Gu may request the National Pension Service established under Article 24 of the National Pension Act to assess ability to work referred to in paragraph (1) 2. <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015>
(3) Any person dissatisfied with the determination referred to in paragraph (1) 2, may file an application for appeal with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015>
(4) The standards, method and procedures for assessing ability to work under paragraph (1) 2 and other necessary matters, shall be prescribed and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 23850, Jun. 12, 2012>
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 8 (Conditional Recipients)
(1) A person who receives living benefits on condition that he/she participate in a project required for self-support (hereinafter referred to as "self-support project") pursuant to Article 9 (5) of the Act (hereinafter referred to as "conditional recipient"), shall be a recipient able to work referred to in Article 7.
(2) Notwithstanding paragraph (1), the head of a Si/Gun/Gu may defer imposing the condition referred to in paragraph (1), for any of the following persons among recipients able to work referred to in Article 7: Provided, That the period of deferment shall not exceed three months for persons specified in subparagraph 3: <Amended by Presidential Decree No. 27616, Nov. 29, 2016>
1. Any of the following persons who have difficulty participating in a self-support project due to individual household conditions, personal circumstances, etc.:
(a) A recipient who raises, nurses, or protects any preschool child, a household member unable to move due to a disease, injury, disability, etc., or a household member in need of special protection due to dementia, etc. (limited to one person per household; and excluding where another household member can raise, nurse, or protect such child or household member or where such child or household member receives child care, nursing or protection services at social welfare facilities, etc.);
(b) A person who attends any school defined in any subparagraph (excluding subparagraph 5) of Article 2 of the Higher Education Act;
(c) A person with a disability who participates in any project for employment promotion and vocational rehabilitation implemented by an institution responsible for the execution of vocational rehabilitation of disabled persons referred to in Article 9 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities, or by the Korea Employment Agency for the Disabled established under Article 43 of the same Act;
(d) A woman who is pregnant or for whom less than six months have passed since child delivery;
(e) A person who performs legal duties, such as military alternative service workers;
2. Any of the following persons, who earns income exceeding the standard prescribed and publicly notified by the Minister of Health and Welfare in return for engaging in any work or business:
(a) A person who works for an average of at least three days a week (limited to where the relevant person works for at least six hours a day), or for at least 22 hours during an average of four days a week;
(b) A person who has filed an application for business registration pursuant to Article 8 of the Value-Added Tax Act and engages in such business;
3. Any of the following persons deemed to require an adaptation period due to a change of circumstance:
(a) A person to be enlisted for military service, or a person discharged from military service pursuant to the Military Service Act;
(b) A person released from a correctional institution, a detention center, a facility for treatment and custody, etc. specified in the Administration and Treatment of Correctional Institution Inmates Act; the Act on Medical Treatment and Custody, Etc.; or other statutes;
(c) A person who has left a livelihood security facility referred to in Article 32 of the Act;
(d) A graduate from a school defined in subparagraph 3 through 5 of Article 2 of the Elementary and Secondary Education Act, or a school defined in any subparagraph (excluding subparagraph 5) of Article 2 of the Higher Education Act;
(e) A person who is recovering from a disease, injury, etc. after medical treatment of at least two months;
4. Any other person prescribed by the Minister of Health and Welfare, for whom it is deemed impracticable to pay living benefits on condition that he/she participate in a self-support project.
(3) No person for whom the imposition of the relevant condition has been deferred pursuant to paragraph (2), shall be deemed a conditional recipient during the period of deferment.
[This Article Wholly Amended by Presidential Decree No. 27240, Jun. 21, 2016]
 Article 9 (Preferential Use of Social Welfare Facilities, etc.)
In order for recipients specified in Article 8 (2) 1 (a) to participate in work or self-support projects, a livelihood security agency shall take measures necessary to enable them to preferentially use child care, nursing or protection services provided by social welfare facilities, etc. <Amended by Presidential Decree No. 27240, Jun. 21, 2016>
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 10 (Self-Support Projects)
(1) A self-support project means any of the following projects: <Amended by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015>
1. Vocational training referred to in Article 18;
2. Job placement services, etc. referred to in Article 19;
3. Self-support labor referred to in Article 20;
4. Employment by a place of business offered by the head of an employment security office defined in subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as "employment security office");
5. Public labor projects referred to in Article 34 (1) 5 of the Framework Act on Employment Policy;
6. Projects implemented by regional self-sufficiency centers referred to in Article 16 of the Act (hereinafter referred to as "regional self-sufficiency centers");
7. Projects implemented by self-support companies referred to in Article 18 of the Act (hereinafter referred to as "self-support companies");
8. Business start-ups by individuals, or joint business start-ups;
9. Volunteer services to increase the relevant recipient's motivation to work and maintain his/her ability to work;
10. Other projects prescribed and publicly notified by the Minister of Health and Welfare, as deemed necessary for self-sufficiency of recipients.
(2) Where a conditional recipient who receives living benefits on condition that he/she participate in volunteer services pursuant to paragraph (1) 9 intends to engage in any other volunteer service, the head of the competent Si/Gun/Gu may recognize such volunteer service as meeting a condition for living benefits, based upon the details and period of the volunteer service, verifier of the provision of the volunteer service, etc.; and may recognize the volunteer service by changing the details, etc. thereof, if necessary. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 11 (Method of Offering Conditions for Living Benefits and Notification of Results)
(1) The head of a Si/Gun/Gu shall offer the relevant conditional recipient his/her participation in a self-support project according to a self-sufficiency benefit plan formulated pursuant to Article 28 of the Act (hereinafter referred to as "self-sufficiency benefit plan for each household"), as a condition for living benefits, within one month from the date he/she has been determined as a conditional recipient, pursuant to Article 9 (5) of the Act. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(2) Notwithstanding paragraph (1), where a conditional recipient's ability to work, desire for self-sufficiency, household conditions, etc. are appropriate for employment, the head of a Si/Gun/Gu shall offer such conditional recipient (hereinafter referred to as "person eligible for employment") his/her participation in a self-support project designated by the head of an employment security office having jurisdiction over the relevant Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply) as a condition for living benefits, in order to facilitate employment of the person eligible for employment. In such cases, the head of a Si/Gun/Gu shall notify, without delay, the head of an employment security office of such person's participation in a self-support project in writing (including by electronic documents). <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(3) Upon receipt of notification under the latter part of paragraph (2), the head of an employment security office shall designate a self-support project to be participated in by the relevant person eligible for employment according to an employment support plan for each individual referred to in Article 13 (1); and shall notify, without delay, the person eligible for employment and the head of the competent Si/Gun/Gu thereof in writing (including by electronic documents). <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(4) The head of an employment security office shall notify the head of the competent Si/Gun/Gu of the results of participation in a self-support project, including his/her opinions, etc. on the relevant person eligible for employment referred to in paragraph (3) fulfilling the condition, in writing (including by electronic documents) every three months: Provided, That where a person eligible for employment withdraws from fulfilling, or refuses to fulfill, the condition midway, or any other ground arises, the head of an employment security office shall notify, without delay, the head of the competent Si/Gun/Gu of the results of the incident in writing (including by electronic documents). <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(5) The criteria for classifying conditional recipients under paragraph (2); the types and details of a self-support project to be offered to each conditional recipient; the method of offering conditions for living benefits; and other necessary matters, shall be prescribed by the Minister of Health and Welfare by consulting with the heads of relevant central administrative agencies.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 12 (Entrustment of Self-Support Projects)
(1) The head of a Si/Gun/Gu and the head of an employment security office may entrust the implementation of self-support projects for conditional recipients to a public institution, private institution, public organization, or private organization that implements self-support projects specified in Article 10 (1) (hereinafter referred to as "self-support project implementing agency"). In such cases, the head of a Si/Gun/Gu and the head of an employment security office shall first consult with the head of a self-support project implementing agency in relation to conditional recipients' capabilities, etc. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(2) The head of a self-support project implementing agency shall notify the head of the competent Si/Gun/Gu or the head of the relevant employment security office of the results of participation in self-support projects, including his/her opinions, etc. on the relevant conditional recipients fulfilling the condition, for whom the implementation of self-support projects has been entrusted pursuant to paragraph (3), in writing (including by electronic documents) every three months: Provided, That where any conditional recipient withdraws from fulfilling, or refuses to fulfill, the condition midway, or any other ground arises, the head of a self-support project implementing agency shall notify, without delay, the head of the competent Si/Gun/Gu or the head of the relevant employment security office of the results of the incident in writing (including by electronic documents). <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 13 (Employment Support Plans)
(1) The head of an employment security office shall formulate an employment support plan for each individual for persons eligible for employment who have received notification under the latter part of Article 11 (2); and shall notify the head of the competent Si/Gun/Gu of such plan. In such cases, the head of the competent Si/Gun/Gu so notified shall manage it by recording it in a self-sufficiency benefits plan for each household of persons eligible for employment. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(2) In order to seamlessly conduct employment support business for persons eligible for employment, the Minister of Employment and Labor shall formulate a comprehensive employment support plan by December 31 each year.
(3) Where the head of an employment security office or the Minister of Employment and Labor formulates an employment support plan for each individual under paragraph (1) or a comprehensive employment support plan under paragraph (2), he/she may request the head of a Si/Gun/Gu to provide necessary data. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 14 Deleted. <by Presidential Decree No. 20131, Jun. 28, 2007>
 Article 15 (Determination Whether Living Benefits are paid to Conditional Recipients)
(1) The head of a Si/Gun/Gu shall determine whether living benefits are paid and the amount of the benefits, every three months from the month following the month during which the relevant conditional recipient has participated in a project, pursuant to Article 9 (5) of the Act, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That the head of a Si/Gun/Gu shall determine whether living benefits are paid to the relevant conditional recipient and the amount of the benefits without delay, in any of the following cases: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Where the relevant conditional recipient clearly fails to fulfill the condition;
2. Where it is notified by the head of an employment security office or the head of a self-support project implementing agency that the relevant conditional recipient fails to fulfill the condition, under the proviso to Article 11 (4) or the proviso to Article 12 (2).
(2) Where the head of a Si/Gun/Gu has determined suspension of payment of living benefits or the amount of benefits to be suspended, pursuant to paragraph (1), he/she shall notify the relevant conditional recipient of suspension of the payment and the amount of benefits to be suspended in writing (including by electronic documents), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(3) The period for suspending living benefits; the amount of benefits to be suspended; resumption of the benefits; and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 16 (Education Benefits)
(1) Education benefits referred to in Article 12 of the Act, which are paid to persons entering or attending any of the following schools or establishments, shall consist of school admission fees, school tuition fees (referring to learning expenses, in cases of subparagraph 6), stationery expenses, and other receivable cash and goods (hereinafter referred to as "school expenses"): <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Elementary schools or civic schools defined in subparagraph 1 of Article 2 of the Elementary and Secondary Education Act;
2. Middle schools or civic middle schools defined in subparagraph 2 of Article 2 of the Elementary and Secondary Education Act;
3. High schools or high technical schools defined in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act;
4. Special schools defined in subparagraph 4 of Article 2 of the Elementary and Secondary Education Act;
5. Various kinds of schools defined in subparagraph 5 of Article 2 of the Elementary and Secondary Education Act, similar to the schools referred to in subparagraphs 1 through 4;
6. School-type lifelong educational establishments referred to in Article 31 of the Lifelong Education Act (limited to establishments designated by the superintendent of an office of education, graduates from which are recognized as having educational attainment of graduates of a high school or lower pursuant to Article 31 (2) of the Lifelong Education Act).
(2) Where a recipient referred to in paragraph (1) receives compulsory education or is granted reduction of, or exemption from, school expenses or subsidies therefor under the Enforcement Decree of the Elementary and Secondary Education Act or other statutes, no school expenses corresponding thereto shall be subsidized for such recipient: Provided, That school expenses may be fully subsidized for a person who requires the expenses for encouraging learning prescribed by the Minister of Education, even when such person is granted reduction of, or exemption from, school expenses or subsidies therefor under other statutes. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(3) Deleted. <by Presidential Decree No. 26206, Apr. 20, 2015>
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 17 (Lending, etc. of Funds)
(1) A livelihood security agency may lend recipients any of the following funds required for their self-sufficiency, pursuant to Article 15 (1) 1 of the Act:
1. Funds to start or operate a business;
2. Vocational skill training expenses;
3. Any other expenses the Minister of Health and Welfare deems necessary for self-sufficiency of recipients.
(2) Funds referred to in paragraph (1) shall be lent from the Public Capital Management Fund prescribed in the Public Capital Management Fund Act or from a general account.
(3) Where the amount of funds to be borrowed by a person pursuant to paragraph (1), a plan for using the same, or other matters, meet the criteria prescribed by the Minister of Health and Welfare, a livelihood security agency may lend him/her the funds as microcredit (referring to lending funds without guarantee, while providing education, training, management support, etc. required for self-sufficiency).
(4) Where a recipient who has borrowed funds does not use the funds for the original purpose stated in the application for lending, the relevant livelihood security agency may require rectification, and may recover the funds from the recipient if he/she fails to comply with the request for rectification without just cause.
(5) Application for lending funds, selection of persons eligible for lending, repayment of the funds lent, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 18 (Vocational Training)
(1) Support for acquiring skills necessary for self-support referred to in Article 15 (1) 2 of the Act means entrusting a vocational training institution with vocational training for persons capable of undergoing vocational training among recipients; and subsidizing preparatory expenses, allowances, food expenses, etc. incurred in such training.
(2) Each year, the Minister of Health and Welfare shall formulate a plan to support vocational training, which includes the number of persons eligible for vocational training referred to in paragraph (1); types of occupation subject to training; criteria for selecting persons eligible for vocational training, etc. In such cases, the Minister of Health and Welfare shall consult with the heads of relevant central administrative agencies in relation to selection, etc. of types of occupation subject to training in order to enhance the effectiveness of employment.
(3) Matters necessary for vocational training institutions, for paying vocational training expenses, for managing, etc. trainers shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 19 (Provision of Job Placement Services, etc.)
A livelihood security agency may provide recipients with appropriate vocational guidance, such as vocational counseling and vocational aptitude tests, as well as job placement services, etc., directly or by outsourcing such services to an employment security office, so that they can find jobs matching their capabilities and aptitudes, pursuant to Article 15 (1) 3 of the Act.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 20 (Self-Support Labor)
(1) In order to provide support for acquiring and improving vocational skills necessary for self-support under Article 15 (1) 2 of the Act; and to provide employment opportunities under Article 15 (1) 4 of the Act, a livelihood security agency may give recipients opportunities to engage in paid labor (hereinafter referred to as "self-support labor"), for a project highly beneficial to public interests or a project necessary to improve the welfare of local residents.
(2) Matters necessary for the projects for self-support labor referred to in paragraph (1), the method of selecting persons eligible for self-support labor, etc., shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 21 (Support for Business Start-Ups)
In order to assist recipients in starting a business pursuant to Article 15 (1) 6 of the Act, a livelihood security agency may provide support for the following: <Amended by Presidential Decree No. 23850, Jun. 12, 2012>
1. Selecting types of business start-ups, and guiding the formulation of business plans;
2. Providing guidance, such as training on skills and development of products;
3. Providing education related to management, such as tax affairs, accounting, and legislation;
4. Connecting and arranging public and private business start-up support services;
5. Any other matters prescribed by the Minister of Health and Welfare, which relate to support for business start-ups and management improvement.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 21-2 (Persons, etc. Eligible for Subsidization for Gathering Assets)
(1) Persons eligible for subsidization for gathering assets referred to in Articles 15 (1) 7 and 18-4 of the Act, shall be selected from among persons whose household business income or earned income at least equals to a certain percentage of the standard median income, based upon the household conditions and employment status of recipients and persons in the second-lowest income bracket. In such cases, the criteria for the percentage of the standard median income shall be prescribed and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015>
(2) An amount subsidized (hereafter in this Article, referred to as "subsidy") to recipients and persons in the second-lowest income bracket, selected as eligible for subsidization for gathering assets pursuant to paragraph (1) (hereafter in this Article, referred to as "subsidization recipient"), shall be prescribed and publicly notified by the Minister of Health and Welfare, differentiating subsidies according to earned income, etc. of subsidization recipients. <Amended by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015>
(3) Subsidization recipients shall deposit money in an institution engaging in financial business referred to in subparagraph 1 of Article 21-3, for any of the following purposes: <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012>
1. Cost of purchasing housing or rent;
2. Expenses for higher education or technical training for the relevant person or his/her children;
3. Funds for starting or operating a business;
4. Any other purposes prescribed and publicly notified by the Minister of Health and Welfare.
(4) To subsidize gathering assets for subsidization recipients who deposit money pursuant to paragraph (3), a livelihood security agency shall accumulate subsidies, as prescribed and publicly notified by the Minister of Health and Welfare. <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012>
(5) Where a subsidization recipient falls under any of the following cases, a livelihood security agency may pay him/her subsidies accumulated pursuant to paragraph (4); and in such cases, the relevant subsidization recipient shall use the subsidies received, for the purposes specified in paragraph (3): <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015>
1. Where the relevant person's recognized income exceeds a specified percentage of the standard median income prescribed and publicly notified by the Minister of Health and Welfare, due to an increase, etc. in business income or earned income;
2. Where the relevant person is employed by an enterprise, etc. or starts a business solely or jointly, thereby generating income exceeding the amount prescribed and publicly notified by the Minister of Health and Welfare;
3. Any other cases satisfying the requirements prescribed and publicly notified by the Minister of Health and Welfare.
(6) A livelihood security agency may conduct education on debt management, asset management, credit management, financial planning, etc. for subsidization recipients. <Amended by Presidential Decree No. 23850, Jun. 12, 2012>
(7) Where a subsidization recipient uses subsidies received pursuant to paragraph (5) for other than the purposes specified in paragraph (3), or fails to undergo education under paragraph (6), the relevant livelihood security agency may recover the subsidies. <Amended by Presidential Decree No. 23850, Jun. 12, 2012>
(8) Except as otherwise expressly provided for in paragraphs (1) through (7), matters necessary for application for subsidization, selection of subsidization recipients, payment and recovery of subsidies, etc., shall be prescribed and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 23850, Jun. 12, 2012>
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 21-3 (Entrustment of Self-Support Benefits)
"Institutions prescribed by Presidential Decree" in the former part of Article 15 (2) of the Act means the following institutions: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. A finance company, etc. prescribed by the Minister of Health and Welfare;
2. A business entity that employs, as interns, recipients or persons in the second-lowest income bracket pursuant to Article 15 (1) 4 of the Act;
3. An institution recognized by the Minister of Health and Welfare as capable of providing self-support benefits, in consideration of the past performance of self-support projects, etc.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 21-4 (Establishment, Operation, etc. of Central Self-Sufficiency Center)
(1) The Central Self-Sufficiency Center established under Article 15-2 of the Act (hereinafter referred to as the "Central Self-Sufficiency Center"), shall be duly formed when registration for its incorporation is completed with the registry at the seat of its principal place of business after the articles of incorporation are prepared.
(2) Where the Central Self-Sufficiency Center is subsidized for expenses pursuant to Article 15-2 (3) of the Act, the Minister of Health and Welfare may require it to report the use of such subsidies or submit relevant documents.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 21-5 (Executives of Central Self-Sufficiency Center)
(1) The Central Self-Sufficiency Center shall be comprised of not more than 11 directors, including one president, and one auditor; and executives other than the president shall be non-standing.
(2) The president and the auditor shall be appointed by the board of directors in accordance with the articles of incorporation, but their appointment shall be subject to approval from the Minister of Health and Welfare.
(3) Directors referred to in paragraph (1) shall be appointed by the Minister of Health and Welfare from among the following persons; but persons falling under subparagraph 1 or 2 shall be appointed upon recommendation by the president:
1. Persons with extensive knowledge about and experience in the field of self-support projects or social welfare;
2. Persons with extensive knowledge about and experience in at least one of the fields of information and communications, education and training, business, economy, and finance;
3. Members of the Senior Executive Service or public officials of at least Grade IV, who are responsible for self-support projects in the Ministry of Health and Welfare;
4. The heads of associations of regional self-sufficiency centers referred to in Article 16 (4) of the Act.
(4) The term of office of each director, excluding directors falling under paragraph (3) 3 or 4, shall be three years.
(5) Any other matters necessary for the qualification, appointment, duties of executives shall be prescribed by the articles of incorporation.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 22 (Projects of Regional Self-Sufficiency Centers)
(1) "Various other projects for self-sufficiency" in Article 16 (1) 6 of the Act means the following: <Amended by Presidential Decree No. 23850, Jun. 12, 2012>
1. A project to establish and operate places of side business to increase secondary incomes of recipients or persons in the second-lowest income bracket;
2. An arrangement project to secure work and explore markets for self-support companies or places of side business;
3. An arrangement project to support the operation of self-support companies or places of side business;
4. A project to establish and operate self-sufficiency centers, for education and child care of children of recipients or persons in the second-lowest income bracket;
5. Any other projects prescribed by Ordinance of the Ministry of Health and Welfare, which are implemented for self-sufficiency.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Articles 23 through 25 Deleted. <by Presidential Decree No. 20131, Jun. 28, 2007>
 Article 26 (Benefits for Enterprises Employing Recipients, etc.)
(1) An enterprises eligible for benefits pursuant to Article 18-2 of the Act, shall be an enterprise which employs recipients or persons in the second-lowest income bracket, for at least 20/100 of its full-time workers. In such cases, any person who is a recipient or person in the second-lowest income bracket at the time of employment but ceases to be such recipient or person after employment, shall be deemed a recipient or person in the second-lowest income bracket, if he/she is continuously employed. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(2) The period for rendering benefits to the enterprises referred to in paragraph (1), shall be determined by a livelihood security agency within a period not exceeding five years.
(3) Where the percentage of recipients or persons in the second-lowest income bracket employed by any enterprise entitled to benefits pursuant to paragraphs (1) and (2) fails to meet the required percentage, the relevant livelihood security agency may require the enterprise to rectify the employment percentage, and may suspend benefits if the enterprise fails to comply with such request for rectification without just cause. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(4) Each year, enterprises entitled to benefits pursuant to paragraphs (1) and (2), shall report the employment percentage of recipients and persons in the second-lowest income bracket as well as the details of the benefits used. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for the procedures, methods, etc. for applying for benefits, suspending benefits, and submitting reports, etc., shall be prescribed and publicly notified by the Minister of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 26-2 (Establishment of Self-Support Funds)
(1) A Self-Support Fund referred to in Article 18-3 (1) of the Act (hereinafter referred to as the "Fund"), may be established in the Special Metropolitan City; a Metropolitan City; a Special Self-Governing City; a Do; a Special Self-Governing Province (hereinafter referred to as "City/Do"); or a Si/Gun/Gu, as prescribed by Ordinance of the relevant local government. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(2) The Fund may be established and operated along with other social welfare-related funds, as prescribed by Ordinance of the relevant local government. In such cases, an account for the Fund shall be operated and managed separately from accounts for other social welfare-related funds.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 26-3 (Fundraising for Fund)
(1) The Fund shall be raised by any of the following funding categories: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Contributions from local governments or persons other than local governments;
2. Contributions from other funds;
3. Long-term loans from finance companies, etc. or from other funds;
4. Interest income from lending by the Fund;
5. Proceeds accruing from performing self-support labor;
6. Revenues accruing from operating the Fund.
(2) The State may subsidize a City/Do to increase finances for the Fund.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 26-4 (Uses of Fund)
(1) The Fund shall be operated for any of the following purposes: <Amended by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015>
1. Compensating for differences in interest rates of the funds borrowed from finance companies, etc. by self-support companies;
2. Lending funds to promote self-sufficiency of persons participating in self-support labor under Article 15 (1) 1 of the Act;
3. Subsidizing for gathering assets under Article 15 (1) 7 of the Act;
4. Lending business funds to self-support companies under Article 18 (3) 1 of the Act;
5. Lending business funds to enterprises employing recipients or persons in the second-lowest income bracket, under Article 18-2 of the Act;
6. Expenses necessary for implementing a self-sufficiency benefits plan referred to in Article 37;
7. Expenses incurred in relation to credit guarantees provided by institutions that engage in credit guarantee business pursuant to the Regional Credit Guarantee Foundation Act and other relevant statutes, for any of the following loans:
(a) Loans borrowed by self-support companies from finance companies, etc. or from the Fund;
(b) Loans borrowed by recipients for business operation;
8. Projects prescribed by Ordinance of the relevant local government, as necessary to support self-sufficiency of recipients and persons in the second-lowest income bracket;
9. Expenses incurred in relation to research, development, evaluation, etc. of self-support projects;
10. Subsidizing insurance contributions borne by the principal pursuant to the National Health Insurance Act, the National Pension Act, the Employment Insurance Act, etc., to support self-sufficiency of recipients and persons in the second-lowest income bracket (limited to those who have become persons in the second-lowest income bracket from recipients due to an increase, etc. in their earned income or business income).
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 26-5 (Operation, Management, etc. of Fund)
(1) The Fund shall be operated and managed by the Special Metropolitan City Mayor; a Metropolitan City Mayor; a Special Self-Governing City Mayor; a Do Governor; a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"); or the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(2) In order to conduct affairs relating to revenue and expenditure of the Fund, a Mayor/Do Governor or the head of a Si/Gun/Gu shall appoint a fund revenue collector, fund treasurer, fund expenditure officer, and fund accounting official from among public officials under his/her jurisdiction.
(3) Except as otherwise expressly provided for in this Decree, matters necessary for operating and managing the Fund shall be prescribed by Ordinance of the relevant local government.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 26-6 (Disposition of Profits and Deficits)
(1) Where any profits accrue while settling accounts of the Fund, the total amount of such profits shall be reserved.
(2) Where any deficits accrue while settling accounts of the Fund, the amount of such deficits shall be offset by the reserve referred to in paragraph (1); and any such loss that is not fully offset by the reserve, may be offset by a budget of the relevant local government.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 26-7 (Guidance on and Supervision of Fund)
(1) Where necessary to efficiently manage the Fund, the Minister of Health and Welfare may guide and supervise the operation status of the Funds established in Cities/Dos; and a Mayor/Do Governor may guide and supervise the operation status of the Funds established in Sis/Guns/Gus.
(2) A Mayor/Do Governor shall submit the results of operation and management of the Funds established in the relevant City/Do and Sis/Guns/Gus under his/her jurisdiction, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 27 (Organization and Composition of Central Livelihood Security Committee)
(1) The Central Livelihood Security Committee referred to in Article 20 (2) of the Act (hereinafter referred to as the "Central Livelihood Security Committee") shall have one vice chairperson. <Amended by Presidential Decree No. 26843, Dec. 31, 2015>
(2) The Vice Chairperson shall be appointed from among members of the Central Livelihood Security Committee.
(3) Public officials of relevant central administrative agencies who are members of the Central Livelihood Security Committee, shall be as follows: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 28211, Jul. 26, 2017>
1. Second Vice Minister of Strategy and Finance;
2. Vice Minister of Education;
3. Vice Minister of the Interior and Safety;
4. Vice Minister of Employment and Labor;
5. First Vice Minister of Land, Infrastructure and Transport.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 27-2 (Subcommittees)
(1) Where necessary to efficiently review agenda items to be presented to the Central Livelihood Security Committee, sectoral subcommittees may be organized and operated in the Central Livelihood Security Committee.
(2) A sectoral subcommittee referred to in paragraph (1) shall be comprised of not more than 13 persons, including the chairperson of the subcommittee, who shall be designated by the Chairperson of the Central Livelihood Security Committee (hereafter in this Article, referred to as the "Chairperson") from among its members.
(3) Members of a sectoral subcommittee shall be commissioned or appointed by the Chairperson from among the following persons, taking account of their professional fields, gender, etc.:
1. Members of the Central Livelihood Security Committee;
2. Persons with extensive knowledge about and experience in the relevant field;
3. Public officials of at least Grade IV of central administrative agencies related to operating sectoral subcommittees.
[This Article Newly Inserted by Presidential Decree No. 26843, Dec. 31, 2015]
 Article 28 (Organization and Composition of Regional Livelihood Security Committees)
(1) The livelihood security committee established in a City/Do or Si/Gun/Gu pursuant to Article 20 (6) of the Act (hereinafter referred to as "regional livelihood security committee"), shall be comprised of 15 members, including one chairperson and one vice chairperson. In such cases, opportunities for participation by persons specified in Article 20 (4) 1 or 2 of the Act shall be guaranteed.
(2) The vice chairperson shall be appointed from among members of the relevant regional livelihood security committee.
(3) Where another committee performs the functions of a regional livelihood security committee on its behalf under the proviso to Article 20 (1) of the Act, opportunities for participation by persons specified in Article 20 (4) 1 or 2 of the Act shall be guaranteed when the committee is organized.
(4) In order to professionally review matters subject to deliberation, a regional livelihood security committee may establish a subcommittee following a resolution by the committee.
(5) The subcommittee established under paragraph (4) (hereinafter referred to as "subcommittee") shall be comprised of not more than seven members, including the chairperson of the subcommittee, who shall be designated by the chairperson of the relevant regional livelihood security committee following a resolution by the regional livelihood security committee.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 29 (Functions of Regional Livelihood Security Committees)
(1) The regional livelihood security committee established in a City/Do shall deliberate and pass resolutions on the following matters: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Basic direction-setting for livelihood security projects of the relevant City/Do, and formulating implementation plans;
2. Benefits paid by the relevant City/Do pursuant to Article 43 (5) of the Act;
3. Establishing and managing self-support funds referred to in Articles 26-2 through 26-7;
4. Self-sufficiency benefits plans referred to in Article 37 (2);
5. Any other matters the Mayor/Go Governor tables at a meeting of the regional livelihood security committee for deliberation.
(2) The regional livelihood security committee established in a Si/Gun/Gu shall deliberate and pass resolutions on the following matters: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Basic direction-setting for livelihood security projects of the relevant Si/Gun/Gu, and formulating implementation plans;
2. Decision on benefits determined by the Minister of Health and Welfare or the head of the competent central administrative agency in order to protect persons living in poverty even though they are not eligible recipients for any benefits specified in Article 7 (1) of the Act, pursuant to Article 14-2 of the Act;
3. An annual investigation plan referred to in Article 23 (1) of the Act;
4. Benefits paid by the relevant Si/Gun/Gu pursuant to Article 43 (5) of the Act;
5. Establishing and managing self-support funds referred to in Articles 26-2 through 26-7;
6. Self-sufficiency benefit plans referred to in Article 37 (1);
7. Exempting from, or determining, collection of expenses for livelihood security; return, collection, reduction, or exemption in connection with money and goods; and disposition of deficits;
8. Any other matters the head of the relevant Si/Gun/Gu tables at a meeting of the regional livelihood security committee for deliberation.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 30 (Terms of Office and Duties of Members)
(1) The term of office of each commissioned member of the Central Livelihood Security Committee and regional livelihood security committees (hereinafter referred to as "each committee"), shall be two years. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(2) The chairperson of each committee shall represent the relevant committee and preside over the affairs of the committee.
(3) The vice chairperson of each committee shall assist the chairperson and act on behalf of the latter if the chairperson is unable to perform his/her duties in extenuating circumstances.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 30-2 (Dismissal of Members)
The Minister of Health and Welfare may dismiss a member commissioned pursuant to Article 20 (3) 1 or 2 of the Act or Article 27-2 (3) 2 of this Decree if:
1. The member becomes unable to perform his/her duties due to any mental or physical impairment;
2. The member has engaged in any misconduct in relation to his/her duties;
3. The member is deemed unfit as a member due to neglecting his/her duties, losing dignity, or other reason;
4. The member voluntarily indicates that it is impracticable to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26843, Dec. 31, 2015]
 Article 31 (Meetings and Proceedings)
(1) The chairperson of each committee shall convene and preside over the meetings of the relevant committee.
(2) The chairperson of each committee shall convene a meeting without delay, if requested by at least 1/3 of all incumbent members of the relevant committee.
(3) Meetings of each committee shall commence 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.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 32 (Hearing Opinions)
Where deemed necessary for matters subject to deliberation by the relevant committee, the chairperson of each committee may have experts, relevant persons, etc., attend any of its meetings to hear their opinions.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 33 (Secretary)
(1) Each committee shall have one secretary to manage the affairs of the committee, who shall be appointed by the head of an agency which has established the committee, from among public officials under his/her jurisdiction.
(2) The secretary referred to in paragraph (1) may attend a meeting of the committee to which he/she belongs, to state his/her opinion.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 34 (Allowances and Travel Expenses)
Allowances may be provided, and travel expenses reimbursed, within budgetary limits to members, experts, relevant persons, etc. who attend a meeting of each committee: Provided, That the same shall not apply where a member who is a public official attends a committee meeting in relation to his/her duties.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 35 (By-laws)
Except as otherwise expressly provided for in this Decree, matters necessary for organizing, operating, etc. of each committee and subcommittees thereof, shall be determined by the chairperson of each committee following a resolution by the relevant committee.
[This Article Wholly Amended by Presidential Decree No. 26843, Dec. 31, 2015]
 Article 36 (Scope of Financial Information, etc.)
Where an eligible recipient, etc. files an application for benefits pursuant to Article 21 (3) of the Act, the scope of financial information, credit information and insurance information (hereinafter referred to as "financial information, etc") that the eligible recipient or his/her obligatory provider must consent to provide, shall be as follows: <Amended by Presidential Decree No. 25659, Oct. 15, 2014>
1. Financial information:
(a) Demand deposits, such as ordinary deposits, savings accounts, free savings accounts, and foreign currency deposits: An average balance within the last three months;
(b) Savings deposits, such as time deposits, installment deposits, and periodical savings: The balance or the total amount of deposits;
(c) Stocks, beneficiary certificates, investment, investment shares, and real estate (pension) trusts: The final market price; and in such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to assessing the value of unlisted stocks;
(d) Bonds, bills, checks, debt certificates, certificates of preemptive right to new stocks, and negotiable certificates of deposit: The face value;
(e) Pension savings: The amount paid regularly, or the final balance;
(f) Interest and dividends accruing from financial property specified in items (a) through (e), or discounts thereon;
2. Credit information:
(a) Status of loans, and details of arrears;
(b) Outstanding credit card balance;
3. Insurance information:
(a) Insurance policy: The refund to be paid if the insurance is cancelled, or insurance proceeds paid within the last year;
(b) Pension insurance: The refund to be paid if the pension insurance is cancelled, or the amount paid regularly.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 36-2 (Request for and Provision of Financial Information, etc.)
(1) Where the Minister of Health and Welfare requests the head of a financial institution, etc. (referring to finance companies, etc. and credit information collection agencies defined in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, etc. of any eligible recipient, recipient and obligatory provider pursuant to Article 23-2 of the Act, he/she shall do so in writing stating the following matters: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Names and resident registration numbers of the relevant eligible recipient, recipient and obligatory provider;
2. The scope of financial information, etc. requested, and the base date and period for inquiries with regard thereto.
(2) Upon receipt of a request for provision of financial information, etc. of any eligible recipient, recipient and obligatory provider under paragraph (1), the head of a financial institution, etc. shall provide the financial information, etc. in writing stating the following matters:
1. Names and resident registration numbers of the relevant eligible recipient, recipient and obligatory provider;
2. Name of a financial institution, etc. providing financial information, etc.;
3. Names of financial instruments provided and relevant account numbers;
4. Details of the financial information, etc.
(3) The Minister of Health and Welfare may request the head of a financial institution, etc. to provide the financial information, etc. under paragraph (1) by using the information and communications networks of an association, federation, central association, etc. (hereinafter referred to as "association, etc.") joined by the financial institution, etc.
(4) The Minister of Health and Welfare may request the head of a financial institution, etc. to provide the minimum financial information, etc. necessary for an investigation for verification referred to in Article 23 of the Act, pursuant to Article 23-2 (2) of the Act; and in cases of an obligatory provider, such request may be made only when he/she falls under any of the following cases: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Where the relevant obligatory provider's income remaining after deduction at least equals to 20/100 of the standard median income;
2. Where the income-equivalent of property of the relevant obligatory provider at least equals to the amount prescribed and publicly notified by the Minister of Health and Welfare;
3. Where any obligatory provider prescribed by the Minister of Health and Welfare is suspected of changing property holdings.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 37 (Self-Sufficiency Benefit Plans)
(1) In order to provide systematic support for recipients in terms of self-sufficiency according to the self-sufficiency benefit plan referred to in Article 28 of the Act, the head of a Si/Gun/Gu shall formulate a self-sufficiency benefit plan for the relevant region, which includes the following matters, by January 31 each year; and a Special Self-Governing City Mayor and a Special Self-Governing Province Governor shall report such plan to the Minister of Health and Welfare, and the head of a Si/Gun/Gu (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor), to the Special Metropolitan City Mayor; a Metropolitan City Mayor; and a Do Governor: <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Demanding self-sufficiency benefits, and implementing projects to support self-sufficiency for the relevant year and the following year;
2. Financing the implementation of projects to support self-sufficiency for the relevant year and the following year;
3. Nurturing and subsidizing self-support project implementing agencies for the following year;
4. Any other matters necessary to support self-sufficiency.
(2) The Special Metropolitan City Mayor; a Metropolitan City Mayor; and a Do Governor shall formulate a self-sufficiency benefit plan for the relevant City/Do based on the self-sufficiency benefit plan reported under paragraph (1); and shall report such plan to the Minister of Health and Welfare by the end of February each year. In such cases, the Special Metropolitan City Mayor; a Metropolitan City Mayor; and a Do Governor may adjust the self-sufficiency benefit plan referred to in paragraph (1), after consultation with the head of a Si/Gun/Gu (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor). <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(3) Upon receipt of a report on a self-sufficiency benefit plan from the Mayor/Do Governor under paragraphs (1) and (2), the Minister of Health and Welfare shall take measures necessary to implement the plan. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(4) Where the head of a Si/Gun/Gu formulates a self-sufficiency benefit plan for each household of recipients pursuant to Article 28 of the Act and a self-sufficiency benefit plan for the relevant region to support it, he/she shall hear opinions of local residents, experts on self-sufficiency, and a consultative body of self-sufficiency agencies; and may request the head of an employment security office or the head of a self-support project implementing agency to provide data or cooperation, if necessary. The same shall also apply to any amendment to the self-sufficiency benefit plan for the relevant region. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
(5) The Minister of Health and Welfare shall formulate an annual self-sufficiency benefit plan based upon the relevant master plan for basic livelihood security referred to in Article 20-2 (1) of the Act. <Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015>
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 38 Deleted. <by Presidential Decree No. 26206, Apr. 20, 2015>
 Article 38-2 (Method, etc. of Filing Objections)
(1) A person who intends to file an objection pursuant to Article 40 of the Act, shall prepare a written objection stating the following matters, directly or with the cooperation of a public official in charge; and shall submit it to the Mayor/Do Governor, along with evidentiary documents:
1. Name, address and contact information of the applicant;
2. Date of receipt of the notification on the relevant disposition, etc.;
3. Details of the relevant disposition, etc. and matters notified;
4. Grounds for filing an objection.
(2) Where a person intending to file an objection applies for or receives at least two types of benefits specified in Article 7 (1) 1 through 4 and 7 of the Act, he/she shall file an objection with the head of a central administrative agency having jurisdiction over the benefits subject to the lowest selection criteria, among the types of benefits referred to in Article 7 of the Act. In such cases, the head of a central administrative agency in receipt of the objection may hear opinions of the head of the central administrative agency having jurisdiction over the relevant benefits.
[This Article Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015]
 Article 39 (Calculation of Subsidies)
The subsidy referred to in Article 43 (2) and (3) of the Act, shall be calculated based on both the total number of recipients investigated under Articles 22 through 24 of the Act and the types of benefits currently paid.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 40 (Settlement of Accounts of Subsidies)
(1) Where the total expenses for livelihood security paid by a local government exceed the aggregate of State subsidies (referring to City/Do subsidies, in cases of a Si/Gun/Gu; hereafter in this Article, the same shall apply) received pursuant to Article 43 (2) or (3) of the Act and the charges borne by the local government based on the percentages specified in Article 43 (1) 4 of the Act, the local government may file an application with the State for a subsidy based on the percentages specified in Article 43 (1) 4 of the Act, in connection with such excess expenditure.
(2) Where any surplus accrues while settling accounts of the amount obtained by aggregating the total expenses for livelihood security paid by a local government; State subsidies received pursuant to Article 43 (2) or (3) of the Act; and the charges borne by the local government, the local government shall return, to the State, the amount remaining after deducting the charges borne by the local government based on the percentages specified in Article 43 (1) 4 of the Act from such surplus.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 41 (Recovery of Expenses for Livelihood Security)
(1) Where a livelihood security agency recovers expenses for livelihood security, from obligatory providers with the ability to provide support pursuant to Article 46 (1) of the Act, it shall collect from each obligatory provider according to the following classifications, within the scope of expenses incurred in paying benefits specified in subparagraph 3 of Article 42 of the Act (hereafter in this Article, referred to as "expenses for livelihood security subject to recovery"); but where the sum of the amounts calculated for each obligatory provider exceeds the expenses for livelihood security subject to recovery, the livelihood security agency shall collect, from each obligatory provider, the amount obtained by dividing the expenses for livelihood security subject to recovery, by the charges determined according to each of the amounts calculated. <Amended by Presidential Decree No. 26206, Apr. 20, 2015>
1. Where an obligatory provider referred to in Article 5-6 (1) 4 fails to regularly provide money and goods to the relevant eligible recipient: The amount determined by the Minister of Health and Welfare pursuant to Article 5-6 (1) 4 (c);
2. Where an obligatory provider falls under any case other than that specified in subparagraph 1: The total amount of the expenses for livelihood security subject to recovery.
(2) Expenses for livelihood security that a livelihood security agency recovers from any unlawful recipient pursuant to Article 46 (2) of the Act, shall be the total expenses for livelihood security subject to recovery; and where at least two unlawful recipients exist, the amount obtained by dividing the expenses for livelihood security subject to recovery by the number of unlawful recipients, shall be collected from each of the unlawful recipients.
(3) Where a livelihood security agency recovers expenses for livelihood security, it shall give payment notice to the relevant person, specifying a payment period of at least 30 days; and where the relevant obligatory provider or unlawful recipient fails to make the payment within the period, it shall urge him/her to make the payment, specifying a payment period of at least 30 days.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
 Article 42 (Management of Sensitive and Personally Identifiable Information)
(1) If it is inevitable in conducting any of the following affairs, a livelihood security agency (including an institution entrusted with paying self-support benefits, if the payment of self-support benefits has been entrusted thereto pursuant to Article 15 (2) of the Act; and including the National Pension Service established under Article 24 of the National Pension Act, if a work ability assessment has been entrusted thereto pursuant to Article 7 (2)) may manage data which includes information on health referred to in Article 23 of the Personal Information Protection Act, or resident registration numbers, passport numbers, driver’s license numbers, or foreigner registration numbers referred to in Article 19 of the Enforcement Decree of the same Act: <Amended by Presidential Decree No. 25659, Oct. 15, 2014>
1. Affairs concerning self-support benefits referred to in Article 15 of the Act;
2. Affairs concerning application for benefits referred to in Article 21 of the Act; investigation upon applications referred to in Article 22 of the Act; or decision, etc. on benefits referred to in Article 26 of the Act;
3. Affairs concerning investigations for verification referred to in Article 23 of the Act;
4. Affairs concerning requesting, and providing, financial information, etc. referred to in Article 23-2 of the Act;
5. Affairs concerning investigating the second-lowest income bracket referred to in Article 24 of the Act;
6. Affairs concerning modifying benefits referred to in Article 29 of the Act, and suspending, etc. benefits referred to in Article 30 of the Act;
7. Affairs concerning filing objections under Articles 38 through 41 of the Act;
8. Affairs concerning collecting costs referred to in Article 46 of the Act, and issuing orders to return referred to in Article 47 of the Act;
9. Affairs concerning a work ability assessment referred to in Article 7.
(2) If it is inevitable in conducting any of the following affairs, the Central Self-Sufficiency Center may manage data which includes resident registration numbers, passport numbers, driver’s license numbers, or foreigner registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Newly Inserted by Presidential Decree No. 25659, Oct. 15, 2014; Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 27240, Jun. 21, 2016>
1. Affairs concerning investigation, research, and education for facilitating self-sufficiency referred to in Article 15-2 (1) 1 of the Act;
2. Affairs concerning evaluating projects for facilitating self-sufficiency under Article 15-2 (1) 2 of the Act;
3. Affairs concerning evaluating metropolitan self-sufficiency centers and regional self-sufficiency centers under Article 15-2 (1) 3 of the Act;
4. Affairs concerning establishing and operating cooperative systems and information networks among institutions relating to self-sufficiency under Article 15-2 (1) 4 of the Act;
5. Affairs concerning managing persons eligible for employment benefit services referred to in Article 18-2 (2) of the Act and social welfare services referred to in Article 18-2 (3) of the Act;
6. Affairs concerning recommending directors and appointing an auditor for the Central Self-Sufficiency Center under Article 21-5.
[This Article Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2000.
Article 2 (Repeal of other Acts)
Article 3 (Special Cases concerning Criteria for Recognition of Ability to Provide Support)
For the purposes of Article 4 (1) 3 and 4 concerning the criteria for recognition of the ability to provide support, "income-equivalent of property is the amount obtained by aggregating the respective amounts equivalent to 42/100 of the minimum cost of living for the relevant recipient and obligatory provider, respectively" in such provisions, shall be construed as "property is the amount obtained by aggregating the respective amounts equivalent to 120/100 of the property standard for selecting recipients under Article 5 of the Addenda of the Act, for the relevant recipient and obligatory provider, respectively", from the date this Decree enters into force to December 31, 2002.
Article 4 Omitted.
ADDENDA <Presidential Decree No. 17759, Oct. 14, 2002>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
(2) and (3) Omitted.
ADDENDA <Presidential Decree No. 17877, Jan. 2, 2003>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the provisions concerning the upper age limit in the amended provisions of Article 7, shall enter into force in stages as follows:
1. From the date this Decree enters into force to December 31, 2003: 62 years of age;
2. After January 1, 2004: 64 years of age.
(2) (Transitional Measures) A person selected as a recipient unable to work in accordance with the age standards under the former provisions of Article 7, as at the time this Decree enters into force, shall be deemed a recipient having no working ability under this Decree.
ADDENDUM <Presidential Decree No. 19351, Feb. 22, 2006>
This Decree shall enter into force on July 1, 2006.
ADDENDUM <Presidential Decree No. 19768, Dec. 21, 2006>
This Decree shall enter into force on July 1, 2007.
ADDENDUM <Presidential Decree No. 20131, Jun. 28, 2007>
This Decree shall enter into force on July 1, 2007.
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.
ADDENDUM <Presidential Decree No. 20870, Jun. 25, 2008>
This Decree shall enter into force on July 1, 2008.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21095, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 22, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21573, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21640, Jul. 24, 2009>
This Decree shall enter into force on the date of its promulgation.
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.
ADDENDUM <Presidential Decree No. 21926, Dec. 30, 2009>
This Decree shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21962, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, ㆍㆍㆍ(Omitted.)ㆍㆍㆍ, the amended provisions of Article 3 (1) through (6) of the Addenda and the amended provisions of paragraph (8) of the same Article, shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
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.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23128, Sep. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (c) of Article 5-2 shall enter into force on October 1, 2011; and the amended provisions of Article 16 (1) shall enter into force on January 1, 2012.
Article 2 (Applicability to Exclusion of Individual Households of Persons Staying Abroad)
The amended provisions of Article 2 (2) 2 shall begin to apply from the first person who departs from the relevant country after this Decree enters into force.
ADDENDUM <Presidential Decree No. 23461, Dec. 30, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23842, Jun. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23850, Jun. 12, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012: Provided, That the amended provisions of Articles 7 (2), 21, 21-2, subparagraph 3 of Article 26-4, 38, and 42 shall enter into force on the date of its promulgation.
Article 2 (Applicability, etc. to Appeal on Ability to Work)
(1) The amended provisions of Article 7 (3) shall also apply to persons whose ability to work has been determined under the former provisions of Article 7 (1) within 60 days before this Decree enters into force.
(2) A person who falls under paragraph (1) and has applied for appeal as publicly notified by the Minister of Health and Welfare previously, shall be deemed to have applied for appeal under the amended provisions of Article 7 (3).
Article 3 (Applicability to Amount Subsidized for Gathering Assets, Procedures, etc. for Making Payment)
The amended provisions of Article 21-2 shall also apply to persons selected as persons eligible for subsidization for gathering assets under the former provisions, as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 24018, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012.
Articles 2 through 7 Omitted.
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 and 3 Omitted.
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. 24638, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 24890, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25427, Jun. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2014.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25659, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (f) of Article 36 shall enter into force on December 1, 2014.
Article 2 (Transitional Measures concerning Incompetents, etc.)
Persons for whom adjudication on the commencement of adult guardianship is made final and conclusive under the amended provisions of Article 6 (1) 1, shall be deemed persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of Addenda to the Civil Act (Act No. 10429).
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees already promulgated but which have not yet entered into force before this Decree enters into force, among Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the dates the respective Presidential Decrees enter into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26206, Apr. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015: Provided, That the amended provisions of Article 27 (3) shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26843, Dec. 31, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 (Applicability to Scope of Property and Calculation of Property Value)
The amended provisions of Article 5-3 (1) 4 and (3) 11 shall begin to apply from the first investigation conducted under Article 22, 23, or 24 of the Act, after this Decree enters into force.
Article 3 (Transitional Measures concerning Calculation of Assessed Amount of Income from Self-Support Labor)
Notwithstanding the amended provisions of subparagraph 9 of Article 5-2, the former provisions shall apply where the assessed amount of income for January of 2016 is calculated, for persons to whom subparagraph 9 of Article 5-2 was applied before this Decree enters into force.
ADDENDA <Presidential Decree No. 27240, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016: Provided, That the amended provisions of Article 42 (2) shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Conditional Recipients)
Notwithstanding the amended provisions of Article 8, the former provisions shall apply to persons for whom no conditions have been imposed under the former provisions, as at the time this Decree enters into force, among recipients able to work referred to in Article 7, until December 31, 2016.
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.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees already promulgated but which have not yet entered into force before this Decree enters into force, among Presidential Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the dates the respective Presidential Decrees enter into force.
Articles 2 through 8 Omitted.