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NATIONAL BASIC LIVING SECURITY ACT

Act No. 6024, Sep. 7, 1999

Amended by Act No. 7181, Mar. 5, 2004

Act No. 7738, Dec. 23, 2005

Act No. 7796, Dec. 29, 2005

Act No. 8112, Dec. 28, 2006

Act No. 8641, Oct. 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9617, Apr. 1, 2009

Act No. 9795, Oct. 9, 2009

Act No. 9932, Jan. 18, 2010

Act No. 10507, Mar. 30, 2011

Act No. 10782, jun. 7, 2011

Act No. 10854, Jul. 14, 2011

Act No. 10997, Aug. 4, 2011

Act No. 11248, Feb. 1, 2012

Act No. 12933, Dec. 30, 2014

Act No. 13987, Feb. 3, 2016

Act No. 14224, May 29, 2016

Act No. 14880, Sep. 19, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to ensure the minimum level of living for the deprived and help them support themselves by furnishing them with the required benefits.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 12933, Dec. 30, 2014>
1. The term "eligible recipient" means a person eligible for benefits under this Act;
2. The term "recipient" means a person who is paid benefits under this Act;
3. The term "receivable cash and goods" means cash or goods provided or lent to recipients pursuant to this Act;
4. The term "livelihood security agency" means the State or a local government which pays benefits under this Act;
5. The term "obligatory provider" means a person responsible for rendering support to an eligible recipient, who is a lineal blood relative of the first degree and his/her spouse: Provided, That the spouse of a decreased lineal blood relative of the first degree is excluded herefrom;
6. The term “minimum security level” means the amount or security level published for each type of benefits pursuant to Article 6 in consideration of the national income and expenditure levels as well as actual living conditions of the relevant eligible recipient, such as the household type thereof, and the inflation rate, etc.;
7. The term "minimum cost of living" means the amount required for people to lead a healthy and decent life as calculated by the Minister of Health and Welfare pursuant to Article 20-2 (4);
8. The term "individual household" means a household which consists of recipients or eligible recipients, which is the basic unit that is paid benefits under this Act or is subject to an inquiry to verify whether or not to meet the requirements for eligibility under this Act. In such cases, such details as the scope of an individual household shall be prescribed by Presidential Decree;
9. The term "recognized income" means the aggregate of the assessed amount of income and the amount of income converted from properties of any individual household, both of which are calculated by livelihood security agencies for the purpose of determining payment of benefits, etc.;
10. The term "second-lowest income bracket“ means the low-middle income class, the members of which are ineligible recipients (excluding persons who are deemed eligible recipients pursuant to Article 14-2), and whose recognized income is below the criteria prescribed by Presidential Decree;
11. The term “standard median income” means the median value of the national household income publicly notified by the Minister of Health and Welfare through deliberation and resolution by the Central Livelihood Security Committee under Article 20 (2) in order to utilize it as one of the criteria for benefits.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 3 (Principles for Benefits)
(1) In principle, benefits under this Act shall be provided on the premise that the recipients of benefits exert their upmost efforts to maintain and improve their life by making the most of their income, property and their ability to work, etc., and that the benefits serve only as a supplement to such efforts.
(2) The support by obligatory providers and the protections under other Acts and subordinate statutes shall prevail over the benefits provided under this Act: Provided, That where the level of protections under other Acts and subordinate statutes does not reach the level stipulated in this Act, the recipients shall not lose the right to receive the benefits under this Act for the remaining portion.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 4 (Criteria for Benefits)
(1) Benefits accorded under this Act shall be paid so as to enable recipients to maintain the minimum level of a healthy and decent life.
(2) The criteria for benefits under this Act shall be determined for each type of benefits either by the Minister of Health and Welfare or by the heads of central administrative agencies which pay the benefits (hereinafter referred to as “competent central administrative agencies), in consideration of the age, size of a household, area of residence, living conditions, etc., of recipients, after consulting the Minister of Health and Welfare. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Livelihood security agencies shall pay benefits accorded under this Act to individual households: Provided, That they may pay benefits to individual persons, where deemed particularly necessary.
(4) Livelihood security agencies which are local governments may pay benefits in excess of the scope and level of benefits accorded under this Act, as prescribed by municipal ordinance. In such cases, the relevant livelihood security agencies shall notify it to the Minister of Health and Welfare and the head of the competent central administrative agency. <Newly Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 4-2 (Relationship with Other Acts)
Except as otherwise provided for in other Acts, the benefits under Articles 11 and 12-3 shall be governed by the provisions of this Act.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 5 Deleted. <by Act No. 12933, Dec. 30, 2014>
 Article 5-2 (Special Cases concerning Foreigners)
Where a person prescribed by Presidential Decree among foreigners staying in Korea who is pregnant while married to a national of the Republic of Korea (including cases where his/her spouse is pregnant), rears a minor child having Republic of Korea nationality, or earns livelihood or dwells together with his/her spouse's lineal ascendant(s) having Republic of Korea nationality, and is eligible to be paid benefits under this Act, he/she shall become an eligible recipient. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 6 (Decision, etc. on Standards for Minimum Livelihood Security)
(1) The Minister of Health and Welfare or the heads of the competent central administrative agencies shall decide on the criteria for selecting recipients for each type of benefits and the standards for minimum livelihood security. <Amended by Act No. 12933, Dec. 30, 2014>
(2) The Minister of Health and Welfare or the heads of the competent central administrative agencies shall publicly announce the criteria for selecting recipients for each type of benefits and the standards for minimum livelihood security for the following year, by August 1 of each year, through deliberation and resolution by the Central Livlihood Security Committee under Article 20 (2). <Amended by Act No. 12933, Dec. 30, 2014>
(3) Deleted. <by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 6-2 (Calculation of Standard Median Income)
(1) The standard median income shall be calculated for each size of household by reflecting the recent average increase rate of household income, income disparity among the households of respective sizes and other factors, in the median value of the ordinary household income (referring to aggregated income of earned income, business income, property income and transfer income) revealed in the statistics data published by the Statistics Korea (KOSAT) pursuant to Article 27 of the Statistics Act.
(2) Matters necessary for the calculation of the standard median income, such as the methods for reflecting income levels for households of different size shall be determined by the Central Livelihood Security Committee under Article 20 (2).
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 6-3 (Calculation of Recognized Amount of Income)
(1) Regardless of the actual income of an individual household, the income of an individual household assessed under subparagraph 9 of Article 2 shall be the amount calculated for making a decision on, payment, etc. of benefits, and shall be calculated by subtracting the amounts of expenditure incurred due to the characteristics of the household such as physical or mental conditions, diseases, child rearing, etc., expenditure related to work incentives, and other additional expenditures, from the actual income of a household as the aggregate of the following:
1. Earned income;
2. Business income;
3. Property income;
4. Transfer income.
(2) The amount of income converted from property under subparagraph 9 of Article 2 shall be calculated by multiplying the amount remaining after deducting the amount of fundamental property (referring to the amount of the property deemed necessary for guaranteeing a basic livelihood and publicly announced by the Minister of Health and Welfare) and liabilities of an individual household from the value of the property thereof, by the income conversion rate. In such cases, the scope of property subject to conversion into income shall be as follows:
1. General property (referring to property excluding financial property and automobiles);
2. Financial property;
3. Automobiles.
(3) Detailed scope of, standards for, the calculation of the actual income, the assessed amount of income and the amount of income converted from property shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
CHAPTER II TYPES OF BENEFITS AND PAYMENT METHODS
 Article 7 (Types of Benefits)
(1) The types of benefits accorded under this Act shall be as follows:
1. Livelihood benefits;
2. Housing benefits;
3. Medical benefits;
4. Education benefits;
5. Childbirth benefits;
6. Funeral benefits;
7. Self-sufficiency benefits.
(2) Any eligible recipient shall be paid all or some of the benefits prescribed in paragraph (1) 1 through 7, depending on the needs of the recipient. <Amended by Act No. 12933, Dec. 30, 2014>
(3) With respect to benefits for persons who belong to the second-lowest income bracket (hereinafter referred to as "persons in the second-lowest income bracket"), livelihood security agencies may pay benefits under paragraph (1) 2 through 4, 6 and 7 within budgetary limits, in consideration of the living conditions of the households of relevant persons in the second-lowest income bracket. In such cases, matters necessary for the standards, payment procedures, etc. for benefits paid to those in the second-lowest income bracket shall be prescribed by Presidential Decree.
(4) Deleted. <by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 8 (Details, etc. of Livelihood Benefits)
(1) Livelihood benefits shall be paid by providing clothing, food, fuel expenses or other cash and goods essential to recipients’ daily lives, so that they may have a livelihood.
(2) An eligible recipient of livelihood benefits shall be a person who has no obligatory provider, has obligatory providers that are practically unable to render support, or is unable to receive support by obligatory providers, and whose recognized income is below the amount (hereinafter referred to as “the livelihood benefit selection criteria”) determined through the deliberation and resolution of the Central Livelihood Security Committee under Article 20 (2). In such cases, the livelihood benefit selection standard shall be at least 30 percent of the standard median income. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
(3) With regard to the minimum security level of livelihood benefits, the total sum of the livelihood benefits and the recognized income shall not be lower than the livelihood benefit selection standard. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
(4) Where a social security facility under Article 32 is entrusted with the payment of livelihood benefits pursuant to the proviso to Article 10 (1), the livelihood benefit selection standard, etc. may be otherwise determined in accordance with a public notice of the Minister of Health and Welfare, notwithstanding the provisions of paragraphs (2) and (3). <Newly Inserted by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 8-2 (Ability to Provide Support)
(1) Any of the following obligatory providers shall be deemed unable to provide support under Articles 8 (2), 12 (3) and 12-3 (2):
1. Where the obligatory provider fails to meet the income and property criteria prescribed by Presidential Decree in consideration of the standard median income level;
2. A case determined and publicly announced by the Minister of Health and Welfare where the obligatory provider provides, in his/her residential place, support to a lineal ascendent, or a lineal descendent who is a severely disabled person under subparagraph 1 of Article 2 of the Act on Pensions for Persons with Disabilities;
3. A case determined and publicly announced by the Minister of Health and Welfare where the obligatory provider is practically unable to provide support due to his/her disease, education, household characteristics, etc.
(2) Where any obligatory provider falls under any of the following subparagraphs, his/her dependents shall be deemed unable to receive support under Articles 8 (2), 12 (3) and 12-3 (2):
1. Where the obligatory provider has been drafted or called up into the army pursuant to the Military Service Act;
2. Where the obligatory provider is an emigrant overseas under Article 2 of the Emigration Act;
3. Where the obligatory provider is in a correctional institution, detention house, or medical treatment and custody facility under the Administration and Treatment of Correctional Institution Inmates Act, the Medical Treatment and Custody Act, etc.;
4. Where procedures for declaring the disappearance of the obligatory provider are under way;
5. Where the obligatory provider is paid benefits while residing in a social security facility under Article 32;
6. Where one month has elapsed since the obligatory provider who had run away from home or disappeared was reported to a police station or administrative agency or where the running-away-from-home or disappearance of the obligatory provider has been confirmed by the Mayor of a Special Self-Governing City, Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as the “head of a Si/Gun/ Gu”);
7. Where the obligatory provider evades or refuses to provide support;
8. Other cases determined by the Minster of Health and Welfare, where the dependents of an obligatory provider are unable to receive support.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 9 (Methods for Cost of Living Benefits)
(1) Cost of living benefits shall be provided in cash: Provided, That where it is unavailable or deemed inadequate, such benefits may be provided in kind.
(2) The in-kind benefits under paragraph (1) shall be provided on a monthly basis, as prescribed by Presidential Decree: Provided, That where extraordinary circumstances exist, they may be provided in a different manner.
(3) The in-kind benefits under paragraph (1) shall be provided directly to its recipient: Provided, That where cost of living benefits are provided pursuant to the proviso to Article 10 (1) by entrusting them to an benefits facility under Article 32 or to another family, such benefits may be provided to the relevant entrusted ones. In such cases, the benefits agency shall periodically verify whether a recipient of benefits has received such benefits, as determined by the Minister of Health and Welfare.
(4) The cost of living benefits may be provided in varying degrees in con- sideration of the recognized amount of income of recipients of benefits, as determined by the Minister of Health and Welfare.
(5) The benefits agency may provide the cost of living benefits to a recipient of benefits who has ability to work, as prescribed by Presidential Decree, on condition that he/she takes part in the project required for the self-support. In such cases, the benefits agency shall offer the conditions in consideration of the self-support benefits plans under Article 28.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 10 (Places for Providing Cost of Living Benefits)
(1) The cost of living benefits shall be provided in the residence of a recipient of benefits: Provided, That, where he/she has no residence, where the purpose of benefits is unattainable therein even if he/she has residence, or where he/she so desires, the provision of benefits may be entrusted to the benefits facility under Article 32, or to another family.
(2) Where the provision of cost of living benefits is entrusted to another family pursuant to paragraph (1), the rent of a room for his/her living and other costs needed to maintain the room shall be paid in addition to the benefits. In such cases, the housing benefits under Article 7 (1) 2 shall be deemed provided.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 11 (Housing Benefits)
(1) Housing benefits shall consist of rent, maintenance and repair expenses, and other receivable cash and goods prescribed by presidential Decree to be necessary for residential stability. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Details regarding housing benefits shall be separately prescribed by Acts. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 12 (Education Benefits)
(1) Education benefits shall consist of school admission fees, school tuition fees, stationery expenses and other receivable cash and goods, and details regarding the kinds, scope, etc. of the above-mentioned schools shall be prescribed by Presidential Decree.
(2) Education benefits shall be under the jurisdiction of the Minister of Education. <Amended by Act No. 12933, Dec. 30, 2014>
(3) An eligible recipient of education benefits shall be a person who has no obligatory provider, has obligatory providers that are practically unable to provide support, or is unable to receive support by obligatory providers, and whose recognized income is smaller than the amount (hereinafter referred to as “education benefit selection criteria”) determined through deliberation and resolution by the Central Livelihood Security Committee under Article 20 (2). In such cases, the education benefit selection standard shall be at least 50/100 of the standard median income. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
(4) The procedures for subsidization of educational expenses under Articles 60-4 through 60-9 and 62 (3) of the Elementary and Secondary Education Act shall apply mutatis mutandis to applications for, payment, etc. of education benefits. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 12-2 (Special Cases on Application of Education Benefits)
In selecting eligible recipients of education benefits, a person whose recognized income is below the education benefit threshold shall, notwithstanding the provisions of Article 3 (2) and 12 (3), be deemed an eligible recipient of education benefits in order to link and integrate education benefits under Article 12 (1) with the subsidization of educational expenses under Article 60-4 of the Elementary and Secondary Education Act.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 12-3 (Medical Benefits)
(1) Medical benefits shall consist of various tests and medical treatment, etc. necessary for assisting their recipients in leading a healthy life.
(2) An eligible recipient of medical benefits shall be a person who has no obligatory provider, has obligatory providers that are practically unable to provide support, or is unable to receive support by obligatory providers, and whose recognized income is smaller than the amount (hereinafter referred to as “medical benefit selection criteria”) determined through the deliberation and resolution by the Central Livelihood Security Committee under Article 20 (2). In such cases, the medical benefit selection standard shall be at least 40/100 of the standard median income.
(3) Details regarding medical benefits shall be separately prescribed by Acts.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 13 (Childbirth Benefits)
(1) Childbirth benefits shall be paid to recipients of at least one benefit under Article 7 (1) 1 through 3: <Amended by Act No. 12933, Dec. 30, 2014>
1. Maternity services;
2. Measures and protection necessary before and after childbirth.
(2) Childbirth benefits may be provided by a medical institution designated and entrusted by the relevant livelihood security agency, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Receivable cash and goods necessary for childbirth benefits shall be provided to a recipient, the head of a household (to which a recipient belongs) or a person equivalent thereto, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That where the payment of benefits is entrusted to a medical institution pursuant to paragraph (2), such receivable cash and goods may be delivered to the relevant medical institution.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 14 (Funeral Benefits)
(1) Where any recipient of at least one benefit under Article 7 (1) 1 through 3 has deceased, the funeral benefits shall be provided, which include postmortem examinations, transport of the corpse, and cremation or interment (including other funeral methods). <Amended by Act No. 12933, Dec. 30, 2014>
(2) Funeral benefits shall be provided in a manner where a person who actually holds a funeral is paid associated expenses, as determined by Ordinance of the Ministry of Health and Welfare: Provided, That where it is impracticable to, or is deemed inadequate to pay the expenses, funeral benefits may be paid in kind.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 14-2 (Special Cases concerning Benefits)
Even where a person does not qualify as a recipient under Articles 8, 11, 12, 12-3, 13, 14 and 15, a person who lives in poverty and is acknowledged by the Minister of Health and Welfare or the head of the competent central administrative agency to need all or part of the benefits prescribed in this Act for a certain period shall be deemed an eligible recipient.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 15 (Self-Support Benefits)
(1) Self-support benefits means the provision of the following benefits to help the self-support of the recipients:
1. Payment or loan of money, or provision or lease of goods, required for self-support;
2. Support to the improvement of vocational ability and the acquisition of skills necessary for self-support;
3. Furnishing information for job placement, etc.;
4. Provision of employment opportunities for self-support;
5. Lease of facilities and equipment necessary for self-support;
6. Support for business start-ups, such as education on business start-ups, training on skills, technical and management guidance, etc.;
7. Benefits for the formation of assets necessary for self-support;
8. Other diverse forms of benefits necessary for self-support prescribed by Presidential Decree.
(2) The self-support benefits under paragraph (1) may be provided by entrusting it to relevant public institutions, nonprofit corporations or establishments and other institutions prescribed by Presidential Decree. In such cases, the associated expenses shall be borne by the benefits agency.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER II-2 AID IN SELF-SUPPORT
 Article 15-2 (Central Self-Sufficiency Center)
(1) The Central Self-sufficiency Center may be established to conduct the following projects necessary to promote the self-sufficiency of recipients and persons in the next lowest income bracket: <Amended by Act No. 12933, Dec. 30, 2014>
1. Investigation, research, education, and publicity projects for facilitating self-sufficiency;
2. Development and evaluation of projects for facilitating self-sufficiency;
3. Technical and managerial guidance for and evaluation of metropolitan self-sufficiency centers under Article 15-3, regional self-sufficiency centers under Article 16, and self-support companies under Article 18;
4. Establishment and operation of cooperative systems and information network among institutions relating to self-sufficiency;
5. Development and support of self-sufficiency promotion programs for employment and business start-up;
6. Management of persons entitled to employment benefits service and social welfare service under Article 18-2 (2) and (3);
7. Other projects determined by the Minister of Health and Welfare to be necessary for facilitating self-sufficiency.
(2) The Central Self-sufficiency Center shall be a corporate entity.
(3) The Government may fully or partially subsidize the establishment and operation of the Central Self-sufficiency Center.
(4) A system for managing eligible persons under paragraph (1) may be linked with the information system under Article 6-2 (2) of the Social Welfare Services Act. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
(5) Except for those expressly provided for in paragraphs (1) and (2), other matters necessary for the establishment, operation, etc. of the Central Self-sufficiency Center shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 15-3 (Metropolitan Self-Sufficiency Centers)
(1) Livelihood security agencies may receive applications from nonprofit corporations and organizations, such as social welfare corporations, social cooperatives (hereafter referred to as "corporations, etc." in this Article) to designate the corporations, etc. as metropolitan self-sufficiency centers for the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, and the Special Self-Governing Province (hereinafter referred to as a "City/Do"), respectively in order to have such centers carry out the following projects necessary for promoting the self-sufficiency of recipients and persons in the next lowest income bracket. In such cases, livelihood security agencies shall take into consideration the ability and track record of the corporations, etc. in performing regional social welfare projects and self-sufficiency support projects: <Amended by Act No. 12933, Dec. 30, 2014>
1. Benefits to the establishment of self-support companies for each City/Do;
2. Support and arrangement for the employment and business start-up of recipients and persons in the next lowest income bracket for each City/Do;
3. Education/training and support for workers and participants in regional self-sufficiency centers under Article 16;
4. Development and distribution of specialized regional self-sufficiency programs and support for the development of relevant projects;
5. Technical and managerial guidance to regional self-sufficiency centers under Article 16 and self-support companies under Article 18;
6. Other projects determined by the Minister of Health and Welfare to be necessary for the promotion of self-sufficiency.
(2) Livelihood security agencies may fully or partially subsidize the establishment and operation of metropolitan self-sufficiency centers.
(3) Livelihood security agencies shall regularly evaluate the business performance and operation status of metropolitan self-sufficiency centers, and may revoke relevant designation if any metropolitan self-sufficiency center fails to promote self-sufficiency of recipients of benefits.
(4) Except as provided for in paragraphs (1) through (3), applications for and designation of metropolitan self-sufficiency centers, revocation procedures therefor, evaluation thereof, and other matters necessary for the operation of metropolitan self-sufficiency centers shall be determined by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 11248, Feb. 1, 2012]
 Article 16 (Regional Self-Sufficiency Centers, etc.)
(1) Livelihood security agencies may receive applications from nonprofit corporations and organizations, such as social welfare corporations, social cooperatives (hereafter referred to as the "corporations, etc." in this Article) to designate the corporations, etc. as regional self-sufficiency centers to perform the following projects necessary for promoting the self-sufficiency of recipients and persons in the next lowest income bracket. In such cases, livelihood security agencies shall take into consideration the ability and track record of the corporations, etc. in performing regional social welfare projects and self-sufficiency support projects: <Amended by Act No. 12933, Dec. 30, 2014>
1. Education for motivating self-sufficiency;
2. Providing information, counseling, vocational training and employment intermediation for self-sufficiency;
3. Arranging financing for business operation;
4. Benefits for self-employed business startup, and guidance for technology and management;
5. Benefits for the establishment and operation of self-support companies under Article 18;
6. Various other projects for self-sufficiency.
(2) Livelihood security agencies may render any of the following benefits to regional self-sufficiency centers designated pursuant to paragraph (1):
1. All or some of the expenses incurred in establishing or operating regional self-sufficiency centers, or in performing projects under paragraph (1);
2. Free lease of the State and public property;
3. Preferential entrustment of projects executed by livelihood security agencies.
(3) Livelihood security agencies shall regularly evaluate the business performance and operation status of regional self-sufficiency centers, and may revoke relevant designation if any regional self-sufficiency center fails to promote self-sufficiency of recipients.
(4) Regional self-sufficiency centers may establish an association of regional self-sufficiency centers in order to make joint efforts to ensure effective facilitation of self-sufficiency of recipients and persons in the next lowest-income bracket and the development of regional self-sufficiency centers.
(5) Except as provided for in paragraphs (1) through (3), applications for and designation of regional self-sufficiency centers, procedures for revocation thereof, evaluation thereof, and other matters necessary for operation, etc. of regional self-sufficiency centers shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 17 (Consultative Body of Self-Sufficiency Agencies)
(1) With a view to efficiently promoting self-sufficiency support projects, the head of a Si/Gun/Gu shall form a regular consultative body together with the heads of regional self-sufficiency centers under Article 16, the heads of employment security offices under subparagraph 1 of Article 2-2 of the Employment Security Act and the heads of social welfare facilities under subparagraph 4 of Article 2 of the Social Welfare Services Act (hereinafter referred to as "consultative body of self-sufficiency agencies"). <Amended by Act No. 12933, Dec. 30, 2014>
(2) Matters necessary for the formation, operation, etc. of a consultative body of self-sufficiency agencies shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 18 (Self-Support Company)
(1) Recipients of benefits and persons in the second-lowest income bracket may establish and operate a self-support company through mutual cooperaton.
(2) A self-support company shall be either an association or a business entity under the Value-Added Tax Act.
(3) A benefits agency may render any of the following benefits to self-support companies directly or through the Central Self-Support Center referred to in Article 15-2, metropolitan self-support centers referred to in Article 15-3, and regional self-support centers referred to in Article 16:
1. Loan of business funds for self-support;
2. Preferential lease of the State or public land;
3. Preferential entrustment of the projects executed by the State or local governments;
4. Preferential purchase of products of the self-support companies in the procurements by the State or local governments;
5. Other diverse projects to promote self-support of recipients of benefits.
(4) Other matters necessary for the establishment and operation of, and the benefits to, self-support companies shall be determined by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 18-2 (Promotion of Employment)
(1) Livelihood security agencies may render benefits under any subparagraph of Article 18 (3), as prescribed by Presidential Decree, to any enterprises employing recipients and persons in the second-lowest income bracket above a certain percentage of regular workers, in order to promote the employment of recipients and persons in the second-lowest income bracket. <Amended by Act No. 11248, Feb. 1, 2012; Act No. 12933, Dec. 30, 2014>
(2) The head of a Si/Gun/Gu may link recipients and persons in the second-lowest income bracket to the employment benefits service of the relevant agencies, in consideration of the characteristics of each household. <Newly Inserted by Act No. 10782, Jun. 7, 2011; Act No. 12933, Dec. 30, 2014>
(3) The head of a Si/Gun/Gu may provide social welfare services to children or the elderly of households who require benefits due to job-seeking activities of recipients and persons in the second-lowest income bracket. <Newly Inserted by Act No. 10782, Jun. 7, 2011; Act No. 12933, Dec. 30, 2014>
[This Article Newly Inserted by Act No. 8112, Dec. 28, 2006]
 Article 18-3 (Accumulation of Self-Support Funds)
(1) A benefits agency may accumulate self-support funds for a fixed amount and term to ensure smooth promotion of self-support benefits projects under this Act.
(2) If deemed necessary to efficiently promote self-support benefits projects, the benefits agency may entrust the management and operation of self-support funds to the Central Self-Support Center referred to in Article 15-2 or a nonprofit corporation performing self-support benefits projects. In such cases, the associated expenses shall be borne by the benefits agency.
(3) Matters necessary for the accumulation of self-support funds under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 18-4 (Support for Formation of Assets)
(1) Livelihood security agencies may provide financial subsidies to help recipients and persons in the second-lowest income bracket to form assets necessary for self-sufficiency. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Livelihood security agencies may provide education to help recipients and persons in the second-lowest income bracket to form assets necessary for self-sufficiency. <Amended by Act No. 12933, Dec. 30, 2014>
(3) No assets created based on the subsidies under paragraph (1) shall be included in the amount of income converted from property of recipients, as prescribed by Presidential Decree. <Amended by Act No. 12933, Dec. 30, 2014>
(4) The eligibility and criteria for asset formation support under paragraph (1) and the details of education under paragraph (2) shall be prescribed by Presidential Decree, while matters necessary for the application and methods for asset formation support and the procedures for returning subsidies and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 10782, Jun. 7, 2011]
 Article 18-5 (Education, etc. on Self-sufficiency)
(1) The Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as a "Mayor/Do Governor"), or the head of a Si/Gun/Gu may provide education for promoting the self-sufficiency of recipients and persons in the second-lowest income bracket.
(2) The Minister of Health and Welfare may establish and operate educational institutions to provide education under paragraph (1), or entrust all or some of their operation to any corporations, organizations, etc.
(3) The Minister of Health and Welfare may subsidize the operation of corporations, organizations, etc. entrusted under paragraph (2).
(4) Details regarding education and the organizational structure, operation, etc. of educational institutions under paragraphs (1) through (3) shall be prescribed by the Minister of Health and Welfare.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
CHAPTER III LIVELIHOOD SECURITY AGENCY
 Article 19 (Livelihood Security Agencies)
(1) Benefits under this Act shall be provided by a Mayor/Do Governor and the head of a Si/Gun/Gu (in the case of education benefits under Article 7 (1) 4, referring to superintendents of education of the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, the Special Self-Governing Province (hereinafter referred to as “Si/Do superintendents of education.”); hereinafter the same shall apply) who has jurisdiction over the place of residence of eligible recipients or recipients: Provided, That where the eligible recipients or recipients have no fixed abode, the benefits shall be paid by the heads of Sis/Guns/Gus who have jurisdiction over the area in which eligible recipients or recipients actually reside. <Amended by Act No. 12933, Dec. 30, 2014>
(2) In providing benefits, the Minister of Health and Welfare, the heads of the competent central administrative agencies and Mayors/Do Governors may, notwithstanding the provisions of paragraph (1), require any recipients to enter the livelihood security facilities operated respectively by the State or the relevant local governments, or may entrust other livelihood security facilities with the duty. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Measures to be taken when eligible recipients or recipients change their place of residence, cooperation among livelihood security agencies, and other matters necessary to handle the affairs of livelihood security agencies shall be determined by Ordinance of the Ministry of Health and Welfare.
(4) Livelihood security agencies shall appoint a public official exclusively in charge of social welfare under Article 14 of the Social Welfare Services Act (hereinafter referred to as "public official exclusively in charge of social welfare") in order to require him/her to perform duties relating to livelihood security under this Act, such as investigations on eligible recipients, recipients, and persons in the second-lowest income bracket, and the determination of eligibility, the payment of benefits, etc. In such cases, a public official exclusively in charge of social welfare, who performs duties relating to self-sufficiency benefits under Article 15, shall be separately appointed.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 20 (Livelihood Security Committees)
(1) Livelihood Security Committees shall be established respectively under the jurisdiction of the Ministry of Health and Welfare, a City/Do, and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) in order to deliberate and resolve on the planning, investigation, and implementation of livelihood security projects under this Act: Provided, That where there exists another committee suitable for performing the relevant functions and its members have qualifications stipulated in paragraph (4), the committee may act on behalf of a livelihood security committee to be established in a City/Do or Si/Gun/Gu, as prescribed by municipal ordinances of the relevant City/Do or Si/Gun/Gu.
(2) The livelihood security committee to be established under the jurisdiction of the Ministry of Health and Welfare (hereinafter referred as "the Central Livelihood Security Committee") shall deliberate and resolve on the following: <Amended by Act No. 12933, Dec. 30, 2014>
1. Formulation of a comprehensive plan on basic livelihood security under Article 20-2 (3);
2. Determinations on methods for calculating the recognized amount of income, and the standard median income;
3. Determinations on the recipients selection criteria and a minimum security level for each type of benefits;
4. Matters regarding evaluation on the appropriateness of the criteria for benefits, etc., and investigations on the current status under Article 20-2 (2) and (4);
5. Rectification of any ommission or redundant offering of benefits by type, the coordination of projects for benefits to persons in the second-lowest income bracket, and others;
6. Formulation of guidelines on the accumulation, management and use of self-sufficiency funds under Article 18-3;
7. Other matters referred to meetings of the Central Livelihood Security Committee by the chairperson.
(3) The Central Livelihood Security Committee shall consist of not more than 16 members, including one chairperson, who shall be commissioned or nominated by the Minister of Health and Welfare from among the following persons, and the Minister of Health and Welfare shall serve as the chairperson of the Committee: <Amended by Act No. 12933, Dec. 30, 2014>
1. Not more than five persons ranked higher than an assistant professor of a college, or researchers serving at research institutes, who are all specialists majoring in public welfare or social services;
2. Not more than five persons who represent the public interest;
3. Not more than five public officials of Grade III in rank belonging to the relevant administrative agency or public officials in general service who are members of the Senior Civil Service.
(4) The members of a livelihood security committee in a City/Do and a Si/Gun/Gu under paragraph (1) shall be commissioned or nominated by the competent Mayor/Do Governor or the competent head of a Si/Gun/Gu from among the following persons, and the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall serve as a chairperson of the livelihood security committee in question: Provided, That where another committee acts on behalf of the livelihood security committee pursuant to the proviso to paragraph (1), its chairperson shall be determined by municipal ordinance of the competent City/Do or Si/Gun/Gu:
1. A person who has knowledge and experience in social services;
2. A person who represents the public interest;
3. A public official who belongs to the relevant administrative agency.
(5) Where it is necessary for its deliberation and resolution, the livelihood security committees under paragraph (1) may request any livelihood security agency to have its public officials be present at the relevant livelihood security committees or to submit the relevant materials. In such cases, the relevant livelihood security agency shall comply with such request, except under extenuating circumstances.
(6) Details regarding the functions, organizational structure, operation, etc. of the livelihood security committee in a City/Do or Si/Gun/Gu shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 20-2 (Formulation and Evaluation of Basic Livelihood Security Plans)
(1) The heads of the competent central administrative agencies shall formulate basic plans on basic livelihood security with respect to their respective jurisdictional affairs every three years to submit them to the Minister of Health and Welfare, to ensure a minimum standard of living for recipients.
(2) The Minister of Health and Welfare and the heads of the competent central administrative agencies may conduct an evaluation on the appropriateness, etc. of benefit levels based upon the findings of a fact-finding investigation under paragraph (4) and may entrust specialized investigation and research related thereto to a public institution under the Act on the Management of Public Institutions, a private corporation or organization, etc.
(3) The Minister of Health and Welfare shall formulate a comprehensive plan on the basic livelihood security after compiling basic plans on basic livelihood security under paragraph (1) and the findings of the evaluation under paragraph (2), and have it deliberated on by the Central Livelihood Security Committee.
(4) In order to find out the size and living conditions of eligible recipients, recipients, persons in the second-lowest income bracket, etc. and calculate the minimum cost of living, the Minister of Health and Welfare shall conduct a fact-finding investigation and publish the findings thereof every three years.
(5) The Minister of Health and Welfare and the heads of the competent central administrative agencies may require any related administrative agencies, public institutions under the Act on the Managements of Public Institutions, etc. to present their opinions on the evaluation and submit materials. In such cases, the relevant administrative agencies, etc. shall comply with such request, except under extenuating circumstances.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
CHAPTER IV PROVISION OF BENEFITS
 Article 21 (Application for Benefits)
(1) An eligible recipient, his/her relative, and other interested persons may file an application for the payment of benefits to the eligible recipient with the head of a competent Si/Gun/Gu, and the same shall apply where persons in the second-lowest income bracket apply for benefits. In such cases, with respect to methods and procedures for filing an application, investigation, etc., paragraphs (2) through (5) of this Article, and Articles 22, 23 and 23-2 shall apply mutatis mutandis. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Public officials exclusively in charge of social welfare may apply, ex officio, for benefits to be paid to an eligible recipient who resides in his/her competent area so that no individual in need of benefits under this Act is omitted. In such cases, he/she shall obtain consent of the relevant eligible recipient, and such consent may be deemed an application filed by the eligible recipient.
(3) When an application for benefits is filed pursuant to paragraph (1) or an eligible recipient consents to an application for benefits filed by a public official exclusively in charge of social welfare pursuant to paragraph (2), the eligible recipient and his/her obligatory provider shall submit a written consent to the provision of the following materials or information:
1. Average account balance among data or information with respect to the details of financial assets and financial transactions under subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, and other data or information prescribed by Presidential Decree (hereinafter referred to as "financial information");
2. Amount of debt among credit information under subparagraph 1 of Article 2 of the Credit Information Use and Protection Act, and other data or information prescribed by Presidential Decree (hereinafter referred to as "credit information");
3. Insurance premiums paid for an insurance policy falling under any subparagraph of Article 4 (1) of the Insurance Business Act, and other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").
(4) Where an eligible recipient, etc. applies for the payment of benefits as prescribed in paragraph (1), a public official exclusively in charge of social welfare shall explain criteria for the selection of recipients, details and methods of application for benefits, etc. to the applicant in a way easy to understand, in order to prevent the applicant from being at a disadvantage due to the lack of information, etc. <Newly Inserted by Act No. 13987, Feb. 3, 2016>
(5) The head of a Si/Gun/Gu shall not induce an applicant to withdraw or forgo the application for the payment of benefits. <Newly Inserted by Act No. 13987, Feb. 3, 2016>
(6) Details regarding the methods and procedures for filing applications for benefits under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Health and Welfare.
(7) Details regarding the methods, procedures, etc. for giving consent under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 22 (Investigation upon Applications)
(1) When an application for benefits is filed under Article 21, the head of a Si/Gun/Gu may require a public official exclusively in charge of social welfare to conduct an investigation on the following matters necessary for the determination and payment of the benefits, or require an eligible recipient to undergo a medical examination at a medical institution designated by the livelihood security agency: <Amended by Act No. 12933, Dec. 30, 2014>
1. Matters related to an obligatory provider, such as whether any obligatory provider exists, and, if any, his/her ability to support an eligible recipient;
2. Matters concerning the income and property of an eligible recipient and an obligatory provider;
3. Matters necessary for developing a self-sufficiency benefits plan referred to in Article 28, such as work ability, employment status and an eligible recipient’s desire for self-sufficiency, etc.;
4. Other matters necessary for the living conditions of an eligible recipient, such as the health conditions and household characteristics, etc.
(2) Where the head of a Si/Gun/Gu finds it impracticable to obtain the materials required for verifying the income, property and health conditions, etc. of an eligible recipient who has applied for the payment of benefits pursuant to paragraph (1), or an obligatory provider thereof, he/she may request the eligible recipient or the obligatory provider to submit the necessary materials, as determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 12933, Dec. 30, 2014>
(3) If necessary for determinations on benefits or the payment thereof, the head of a Si/Gun/Gu may entrust the relevant authorities with an investigation under each subparagraph of paragraph (1), or request a person who employs an eligible recipient or his/her obligatory provider, or other interested persons, to submit the materials on such matters. <Amended by Act No. 12933, Dec. 30, 2014>
(4) Where a livelihood security agency intends to use computer networks or materials related to finance, national or local taxes, land, buildings, health insurance, national pension, employment insurance, immigration, military affairs, reform, etc. in order to conduct an investigation under each subparagraph of paragraph (1), it may request cooperation from the head of the relevant agency. In such cases, the head of the relevant agency shall comply therewith, except under extenuating circumstances.
(5) Public officials exclusively in charge of social welfare who conduct the investigation pursuant to paragraph (1) shall carry a certificate verifying his/her authority and the documents indicating the period, scope, person in charge of, related statutes, etc. of the investigation and produce them to the interested persons. <Amended by Act No. 13987, Feb. 3, 2016>
(6) No incumbent or retired public official of the livelihood security agency shall use the information and materials which have been acquired pursuant to paragraphs (1) through (4) for any purposes other than the livelihood security purpose prescribed by this Act, or furnish them to other persons or agencies.
(7) Livelihood security agencies shall prepare and keep the findings of an investigation to be conducted under paragraphs (1) through (4) in their registers, and other matters necessary for the investigation shall be determined by the Minister of Health and Welfare: Provided, That where such findings are managed by any electronic data processing organization, they may be substituted with such electronic files.
(8) Where an eligible recipient or his/her obligatory provider refuses, interferes with or evades an investigation or a request for the submission of materials under paragraphs (1) and (2) on at least two occasions, or fails to comply with an order for a medical examination, the relevant livelihood security agency may refuse to receive an application for benefits. In such cases, Article 29 (2) shall apply mutatis mutandis.
(9) In terms of the details, procedure, method, etc. of the investigation pursuant to paragraph (1), provisions of the Framework Act on Administrative Investigations shall apply, except as provided for in this Act. <Newly Inserted by Act No. 13987, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 23 (Investigations for Verification)
(1) The head of a Si/Gun/Gu shall develop an annual investigation plan in order to verify the eligibility of recipients and the appropriateness of benefits paid to them, and regularly investigate matters provided for in Article 22 (1) with respect to the recipients in his/her competent district at least once a year, and may require them to undergo a medical examination at a medical institution designated by a livelihood security agency, if deemed particularly necessary: Provided, That the matters determined by the Minister of Health and Welfare shall be investigated on a quarterly basis. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Article 22 (2) through (7) shall apply mutatis mutandis to other matters necessary for an investigation for verification, such as the submission of data by recipients, the entrustment of an investigation, and the use of computer networks, etc.
(3) Where any recipient or his/her obligatory provider refuses, interferes with, or evades an investigation under paragraph (1) or a request for data submission under Article 22 (2) which is applied mutatis mutandis under paragraph (2) on at least two occasions, or fails to comply with an order for a medical examination, the livelihood security agency may revoke a decision on benefits for the relevant recipient or suspend or discontinue the payment of benefits to the relevant recipient. In such cases, Article 29 (2) shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 23-2 (Provision of Financial Information, etc.)
(1) Notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) of the Credit Information Use and Protection Act, the Minister of Health and Welfare may request the head of any financial institution, etc. (referring to financial companies, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agencies under Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to furnish financial information, credit information or insurance information (hereinafter referred to as "financial information, etc.") by means of a document with an electronic form, which has been transformed into from the consent document submitted by an eligible recipient and his/her obligatory provider pursuant to Article 21 (3).
(2) Where deemed necessary to conduct an investigation for verification under Article 23, the Minister of Health and Welfare may request the head of any financial institution, etc. to furnish financial information, etc. of recipients of benefits and obligatory providers, by means of a document which includes their identification information or through information and communications networks as prescribed by Presidential Decree, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) of the Credit Information Use and Protection Act.
(3) When in receipt of a request for financial information, etc. under paragraphs (1) and (2), the head of a financial institution, etc. shall furnish the financial information, etc. of title holders, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(4) The head of a financial institution, etc. who has furnished financial information, etc. pursuant to paragraph (3) shall notify the title holders of such fact: Provided, That where the holders consent to such provision, notification may be omitted, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 35 of the Credit Information Use and Protection Act.
(5) Any request for financial information, etc. and the provision thereof under paragraphs (1) through (3) shall be made via information and communications networks referred to in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: Provided, That the same shall not apply where the information and communications network has been damaged or under any other unavoidable circumstances.
(6) No person who engages or has engaged in the business under para- graphs (1) through (3) shall use the financial information, etc. acquired while performing his/her duties for other purposes than those prescribed by this Act, or provide or divulge it to another person or institution.
(7) Matters necessary for making a request for financial information, etc. and providing such information under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 24 (Investigations on Second-Lowest Income Bracket)
(1) The head of a Si/Gun/Gu may conduct an investigation on the second-lowest income bracket, as determined by Ordinance of the Ministry of Health and Welfare, in order to conduct an investigation on the number of eligible recipients expected to require benefits under this Act in the following fiscal year as modification, etc. of the recipient selection criteria for each type of benefits has led to changes in the scope of eligible recipients. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Where the head of a Si/Gun/Gu intends to conduct an investigation under paragraph (1), he/she shall obtain the consent of the persons subject to such investigation. In such cases, such consent shall be deemed an application for benefits for the following fiscal year. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Article 22 (2) through (7) shall apply mutatis mutandis to other matters necessary for the investigation on the second-lowest income bracket, such as the submission of data by persons subject to the investigation, outsourcing of the investigation, and use of the related computer networks, etc. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 25 (Reporting, etc. on Investigation Findings)
Where the head of a Si/Gun/Gu has conducted an investigation on eligible recipients, recipients, obligatory providers, and the second-lowest income bracket in accordance with Articles 22, 23, 23-2 and 24, he/she shall report the findings therefrom to the competent Mayor/Do Governor, as determined by Ordinance of the Ministry of Health and Welfare, and the Mayor/Do Governor shall, upon receipt of such reports, report them to the Minister of Health and Welfare and the competent central administrative agency. The same shall apply where the Mayor/Do Governor has conducted such investigation. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 26 (Decision, etc. on Benefits)
(1) Where the head of a Si/Gun/Gu has conducted an investigation pursuant to Article 22, he/she shall make, without delay, a decision as to whether any benefits are to be provided, and the details of the benefits. <Amended by Act No. 12933, Dec. 30, 2014>
(2) The head of a Si/Gun/Gu who has conducted an investigation on the second-lowest income bracket pursuant to Article 24 shall make a decision on whether the benefits are to be paid and the details thereof in the month where the benefits under the proviso to Article 27 (1) commence. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Where the head of a Si/Gun/Gu makes a decision on whether the benefits are to be paid and the details of such benefits pursuant to paragraphs (1) and (2), he/she shall notify in writing the relevant eligible recipients or the applicants of the summary of such decision, the kind of benefits, payment method, and the date of commencement, etc. <Amended by Act No. 12933, Dec. 30, 2014>
(4) Notice under paragraph (3) shall be given to an applicant within 30 days from the filing of an application under Article 21: Provided, That in any of the following cases, notice may be given within 60 days from the filing of an application. In such cases, the relevant notice shall specify the grounds therefor: <Amended by Act No. 12933, Dec. 30, 2014>
1. Where it takes some time to investigate the income, assets, etc. of an obligatory provider due to any extraordinary circumstance;
2. Where an eligible recipient or an obligatory provider interferes with or evades an investigation or a request for submission of data under Article 22 (1) and (2) or related Acts.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 27 (Payment, etc. of Benefits)
(1) Any recipient for whom the payment of any benefits and the details thereof are determined pursuant to Article 26 (1) shall be paid such benefits on or after the date an application is filed for the benefits under Article 21: Provided, That with respect to the persons who newly become recipients in January every year due to the modification of the recipient selection criteria for each type of benefits determined and publicly announced each year by the Minister of Health and Welfare or a competent central administrative agency pursuant to Article 6, January 1 of the corresponding year shall be the date payment of the relevant benefits commences. <Amended by Act No. 12933, Dec. 30, 2014>
(2) The head of a Si/Gun/Gu may provide some of the benefits referred to in under Article 7 (1), where he/she deems that urgency exists which requires payment of the benefits to eligible recipients even prior to a decision on whether the benefits are to be provided pursuant to Article 26 (1). <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 27-2 (Method, etc. of Providing Benefits)
(1) Where the benefits agency provides monetary benefits, it shall deposit the benefits into a designated account in the relevant recipient's name after receiving an application from the recipient (hereinafter referred to as "account for receiving benefits"): Provided, That where it is impracticable to transfer the benefits into the account for receiving benefits due to information and communications failures or other inevitable grounds determined by Presidential Decree, benefits may be provided in a manner prescribed by Presidential Decree.
(2) Relevant financial institutions in charge of accounts for receiving benefits shall manage the accounts to make sure that only the benefits prescribed under this Act are deposited into the accounts for receiving benefits.
(3) The method and procedures for depositing benefits into accounts or for providing money, etc. referred to in paragraph (1) and necessary matters for managing the accounts for receiving benefits referred to in paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10782, Jun. 7, 2011]
 Article 28 (Formulation of Self-Sufficiency Benefits Plans)
(1) In order to provide systematic support for recipients in terms of self-sufficiency, the head of a Si/Gun/Gu shall formulate a self-sufficiency plan for each household of the recipients, as determined by the Minister of Health and Welfare, in consideration of the findings of an investigation conducted under Articles 22, 23, 23-2 and 24, and pay the benefits accorded under this Act. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Where it is necessary for the self-sufficiency of any recipients, livelihood security agencies may, if there are any other benefits that may be paid by the livelihood security agencies pursuant to other Acts, such as the Social Welfare Services Act, or if any support may be provided by private institutions, etc., pay such benefits, or link the recipients to such support, according to the self-sufficiency benefits plan under paragraph (1).
(3) The head of a Si/Gun/Gu may regularly evaluate changes in the conditions of the self-sufficiency of the relevant recipients and the results of the payment of benefits, and then make changes to the self-sufficiency benefits plan, if necessary. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 29 (Modification of Benefits)
(1) Where any change has occurred to the income, property, ability to work, etc. of a recipient, a livelihood security agency may modify the kind, methods, etc. of the benefits to the recipient, ex officio or upon request from the recipient, his/her relative or other interested parties.
(2) Any modification of the benefits under paragraph (1) shall be notified in writing to the recipient, specifying the reasons therefor.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 30 (Suspension, etc. of Benefits)
(1) A livelihood security agency shall suspend all or some of benefits, if a recipient falls under any of the following cases:
1. Where no further need exists to provide all or some of benefits;
2. Where a recipient refuses all or some of benefits.
(2) Where a recipient with ability to work fails to comply with the conditions under Article 9 (5), all or some of the cost of living benefits to the recipient may not be provided until the conditions are met, notwithstanding Article 7 (2).
(3) Article 29 (2) shall apply mutatis mutandis to suspension, etc. of benefits referred to in paragraphs (1) and (2).
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 31 (Hearings)
Where a livelihood security agency intends to revoke the designation of any regional self-support center pursuant to Article 16 (3) or to cancel a decision on benefits pursuant to Article 23 (3), it shall hold a hearing.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER V LIVELIHOOD SECURITY FACILITY
 Article 32 (Livelihood Security Facilities)
The term "livelihood security facilities" in this Act means social welfare facilities under the Social Welfare Services Act, which pay benefits under Article 7, and are prescribed by Ordinance of Ministry of Health and Welfare from among the following facilities: <Amended by Act No. 12933, Dec. 30, 2014; Act No. 14224, May 29, 2016>
2. Residential and welfare facilities for the aged under Article 32 (1) of the Welfare of Older Persons Act and medical welfare facilities under Article 34 (1) of the Same Act;
3. Child welfare facilities and integrated facilities under Article 52 (1) and (2) of the Child Welfare Act;
5. Rehabilitation facilities for homeless persons, and sanatoriums for homeless persons under subparagraphs 3 and 4 of Article 16 (1) of the Act on Support for Welfare and Self-Reliance of the Homeless, Etc.;
6. Facilities for protecting the victims of domestic violence under Article 7 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims;
7. Facilities for supporting the victims of commercial sex, etc. under Article 9 (1) of the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims;
8. Facilities for protecting the victims of sexual violence under Article 12 of the Sexual Violence Prevention and Victims Protection Act;
9. Welfare facilities for single-parent families under Article 19 (1) of the Single-Parent Family Support Act;
10. Tuberculosis and Hansen's Disease sanatoriums, from among social welfare facilities under subparagraph 4 of Article 2 of the Social Welfare Services Act;
11. Other facilities prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 33 (Duties of Heads of Livelihood Security Facilities)
(1) Where the heads of livelihood security facilities are entrusted with the payment of benefits to recipients by livelihood security agencies, they shall not refuse it without justifiable grounds.
(2) The heads of livelihood security facilities shall pay at least the minimum level of benefits determined by the Minister of Health and Welfare to the recipients, the payment of whose benefits is entrusted thereto. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Where paying benefits to the recipients, the heads of livelihood security facilities shall not discriminate against the recipients on the grounds of their gender, religion, social status, etc.
(4) Where paying benefits to any recipients, the heads of livelihood security facilities shall ensure that the recipients are able to lead an independent life.
(5) The head of a livelihood security facility shall not compel the recipients to do any religious activities.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER VI RIGHTS AND DUTIES
 Article 34 (Prohibition on Change of Benefits)
Benefits to a recipient shall not be changed in a way unfavorable to him/her, without any justifiable grounds.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 35 (Prohibition on Seizure)
(1) Any goods provided to a recipient and the right to receive them shall not be seized.
(2) The claim for the savings in the accounts for receiving benefits designated pursuant to Article 27-2 (1) shall not be seized. <Newly Inserted by Act No. 10782, Jun. 7, 2011>
 Article 36 (Prohibition on Transfer)
A recipient of benefits shall not transfer his/her right to receive the benefits to any other persons.
 Article 37 (Duty to Report)
Where any change has occurred in the area of residence, the composition of a household, or the terms and conditions of a lease contract, or where any significant change has occurred in the matters falling under each subparagraph of Article 22 (1), the recipient shall report it to the competent agency without delay. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER VII FILING OBJECTIONS
 Article 38 (Filing Objections with Mayors/Do Governors)
(1) Where a recipient of benefits, or an applicant for benefits, or an applicant for any modification thereto is dissatisfied with a disposition by the head of a Si/Gun/Gu (referring to superintendents of education of a Si/Do, in cases of education benefits under Article 7 (1) 4), he/she may file a written or oral objection with the relevant Mayor/Do Governor (referring to the Special Self-Governing City Mayor, Governor of the Special Self-Governing Province, and superintendents of education of Si/Do, in cases where he/she is dissatisfied with a disposition by such City Mayor, Governor and superintendents of education) via the relevant livelihood security agency within 60 days from the date he/she is notified of such disposition. In such cases, the public official of any livelihood security agency who has received an oral objection shall help the applicant prepare a written objection. <Amended by Act No. 12933, Dec. 30, 2014>
(2) The head of a Si/Gun/Gu who has received an objection under paragraph (1) shall forward such objection to a Mayor/Do Governor within 10 days, along with his/her written opinion and relevant documents.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 39 (Disposition, etc. by Mayors/Do Governors)
(1) A Mayor/Do Governor, in receipt of a written objection from the head of a Si/Gun/Gu pursuant to Article 38 (2) (in cases of the Special Self-Governing City Mayor, Governor of the Special Self-Governing Province, or superintendents of education of Si/Do, referring to cases where the Special Self-Governing City Mayor, Governor of the Special Self-Governing Province, or superintendent of education of Si/Do has received a written objection in person), he/she shall make a necessary review of the objection within 30 days to reject or dismiss the objection, modify or cancel the relevant disposition, or order the payment of necessary benefits. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Where a Mayor/Do Governor renders a disposition, etc. pursuant to paragraph (1), he/she shall, without delay, give a written notice to an applicant and the head of the relevant Si/Gun/Gu.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 40 (Filing Objections with Minister of Health and Welfare)
(1) Any person dissatisfied with any disposition, etc. under Article 39 may file a written or oral objection with the Minister of Health and Welfare (referring to the head of the competent cental administrative agency, in cases of housing benefits or education benefits under Article 7 (1) 2 or 7 (1) 4; and an objection filed with the Minister of Health and Welfare shall be deemed filed with the head of the competent central administrative agency) via the relevant Mayor/Do Governor within 60 days from the date he/she is notified of such disposition, etc. In such cases, a public official of any livelihood security agency in receipt of an oral objection shall help the applicant prepare a written objection. <Amended by Act No. 12933, Dec. 30, 2014>
(2) The Mayor/Do Governor in receipt of an objection under paragraph (1) shall forward such objection to the Minister of Health and Welfare, or to the head of the competent central administrative agency (limited to objections regarding housing benefits or education benefits under Article 7 (1) 2 or 7 (1) 4) within 10 days, along with his/her written opinion and relevant documents. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Methods, etc. for filing objections, other than the matters provided for in paragraph (1) and (2), shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 41 (Decisions on Objections and Notification)
(1) Where the Minister of Health and Welfare or the head of the competent central administrative agency has received a written objection pursuant to Article 40 (2), he/she shall make a necessary review of the objection within 30 days, and either reject or dismiss the objection, or make a decision to modify or revoke the relevant disposition. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Where the Minister of Health and Welfare or the head of the competent central administrative agency has made a decision under paragraph (1), he/she shall, without delay, give written notice of the details thereof to the relevant Mayor/Do Governor and the applicant. In such cases, where the head of the competent central administrative agency gives written notice of the details of the decision, he/she shall notify the Minister of Health and Welfare thereof. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER VIII COST OF BENEFITS
 Article 42 (Expenses for Livelihood Security)
The term "expenses for livelihood security" in this Act means any of the following expenses: <Amended by Act No. 12933, Dec. 30, 2014>
1. Personnel and office expenses associated with livelihood security duties under this Act;
2. Expenses incurred in operating the livelihood security committees under Article 20;
3. Expenses incurred in paying benefits under Articles 8, 11, 12, 12-3, 13, 14, 15, 15-2, 15-3, and 16 through 18;
4. Other expenses incurred in performing livelihood security duties under this Act.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 43 (Classification of Expenses for Livelihood Security)
(1) The expenses for livelihood security shall be borne as follows: <Amended by Act No. 12933, Dec. 30, 2014>
1. Expenses incurred in relation to livelihood security duties performed by the State or a City/Do shall be borne by the State or the relevant City/Do;
2. Expenses incurred in the payment of benefits under Article 19 (2) shall be borne by the State or the relevant City/Do;
3. Expenses incurred under subparagraphs 1 and 2 of Article 42, from among those required for the livelihood security duties performed by a Si/Gun/Gu, shall be borne by the relevant Si/Gun/Gu;
4. Expenses referred to in subparagraphs 3 and 4 of Article 42, from among those required for the livelihood security duties performed by a Si/Gun/Gu (hereinafter referred to as "Si/Gun/Gu’s expenses for livelihood security" in this subparagraph), shall be differentiated in consideration of the financial conditions, disbursement of social security expenses, etc. of the relevant Si/Gun/Gu, and borne by the State, City/Do, and Si/Gun/Gu, as classified below:
(a) The State shall bear at least 40/100 but not more than 90/100 of the total amount of Si/Gun/Gu’s expenses for livelihood security;
(b) The City/Do shall bear at least 30/100 but not more than 70/100 of the amount obtained by deducting the portion borne by the State as referred to in item (a) from the total amount of Si/Gun/Gu’s expenses for livelihood security, while the Si/Gun/Gu shall bear the amount obtained by deducting the amount borne by the State and City/Do from the total amount of Si/Gun/Gu’s expenses for livelihood security, respectively: Provided, That the Special Self-Governing City and the Special Self-Governing Province shall bear the amount obtained by deducting the amount borne by the State from the total amount of Si/Gun/Gu’s expenses for livelihood security.
(2) Of the expenses for livelihood security incurred under this Act, the State shall render the estimated total sum of its shares to each local government in the form of subsidy each year, and any excess or deficit shall be settled by adjustment of either a return or an additional subsidy.
(3) The City/Do shall render its subsidy to the Si/Gun/Gu each year after aggregating the subsidy of the State under paragraph (2) and the estimated sum of its shares under paragraph (1) 4, and any surplus or deficit shall be settled by the adjustment of either a return or an additional subsidy.
(4) Matters necessary for the calculation of subsidies and adjustment method under paragraphs (2) and (3) shall be prescribed by Presidential Decree.
(5) Where benefits are paid pursuant to municipal ordinances of local governments in excess of their scope and level under this Act, such excess expenses for livelihood security shall be borne by the relevant local governments.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 43-2 (Special Cases concerning Burden of Security Expenses for Education Benefits)
Notwithstanding Article 43 (1), expenses incurred in relation to the livelihood security duties performed by superintendents of education pursuant to Article 12 and 12-2 shall be shared on a differential basis, as specified in the following subparagraphs:
1. Subsidization of admission fees and tuition fees for recipients whose recognized income is at least 40% of the standard median income shall be governed by Article 60-4 of the Elementary and Secondary Education Act;
2. The stationery expenses and other receivable cash and goods of the recipients whose recognized income is at least 40% of the standard median income shall be borne by the State, City and Do, or Si/Gun/Gu, and the detailed apportionment ratios shall be governed by each item of Article 43 (1) 4;
3. The expenses incurred in relation to livelihood security for the recipients whose recognized income is less than 40% of the standard median income shall be borne by the State, City and Do, or Si/Gun/Gu pursuant to each item of Article 43 (1) 4, but the subsidization of admission fees and tuition fees for recipients under the criteria which additionally apply pursuant to Article 12-2 shall be governed by Article 60-4 of the Elementary and Secondary Education Act.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 44 Deleted. <by Act No. 8112, Dec. 28, 2006>
 Article 45 (Disposal of Money and Goods Remaining After Death)
In paying funeral benefits under Article 14, if the decreased has no obligatory provider, the head of a Si/Gun/Gu may appropriate the money or securities left behind by the decreased for the funeral costs, and any deficit thereof may be covered by the proceeds from the sale of the goods remaining. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 46 (Collection of Costs)
(1) Where it has been verified that the recipient has an obligatory provider, the benefits agency that has paid the costs of benefits may collect full or some of such costs from the obligatory provider within the limit of support obligations, after deliberation and resolution by the Livelihood Security Committee referred to in Article 20.
(2) Where a person has received benefits or let others do so by deceit or other unlawful means, the benefits agency which has paid the costs of benefits may collect full or some of such costs from the person who has received the benefits or who has let others do so (hereinafter referred to as "unlawful recipients").
(3) The amount to be collected pursuant to paragraph (1) or (2) shall be collected after notifying an obligatory provider or an unlawful recipient thereof respectively, and if the obligatory provider or the unlawful recipient fails to comply therewith, the benefits agency shall collect it in the same manner as delinquent national or local taxes are collected.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 47 (Order to Return)
(1) Where modification, suspension or discontinuation of benefits results in overpayment of receivable cash and goods already paid to a recipient, the livelihood security agency shall, without delay, order the recipient to return all or some of the overpaid portion: Provided, That where the overpaid portion has already been spent or the recipient has any inevitable grounds, such return may be exempted.
(2) Where the head of a Si/Gun/Gu has paid urgent benefits pursuant to Article 27 (2), but decides otherwise after investigation, he/she may order the recipient to return such benefits. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER IX PENALTY PROVISIONS
 Article 48 (Penalty Provisions)
(1) Any person who has used, furnished or divulged financial information, etc. in violation of Article 23-2 (6) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
(2) Any person who has used or provided information or data in violation of Article 22 (6) (including the cases applied mutatis mutandis in Article 23 (2)) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 14880, Sep. 19, 2017>
1. and 2. Deleted. <by Act No. 14880, Sep. 19, 2017>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 49 (Penalty Provisions)
Any person who has received benefits or has helped other persons to do so by deceit or other unlawful means shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won, detention or a minor fine. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 50 (Penalty Provisions)
Any person who has, without any justifiable grounds, refused the entrustment of providing benefits to a recipient or has compelled him/her to do any religious activities in violation of Article 33 (1) or (5) shall be punished by a fine not exceeding three million won, detention or a minor fine.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 51 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee or worker employed by a corporation or individual commits any of the offenses specified in Article 48 or 49 in connection with the businesses of said corporation or individual, the corporation or individual, in addition to the offender concerned, shall also be punished by a fine or a minor fine under each relevant Article: Provided, That the same shall not apply where the corporation or individual has not been negligent in exercising reasonable caution and supervision toward such businesses to prevent such offense.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2000: Provided, That the provisions of Article 5 (1) shall enter into force on January 1, 2003.
Article 2 (Repeal of Other Act)
The Protection of the Minimum Living Standards Act shall be repealed.
Article 3 Omitted.
Article 4 (Special Case of Model Projects)
Notwithstanding the proviso of Article 1 of the Addenda, the Minister of Health and Welfare may, from the date of enforcement of this Act until December 31, 2002, carry out a model project in such areas as he publicly notifies in order to ensure the propriety of the scope of persons eligible for benefits under Article 5 (1). In this case, the provisions of Articles 5 and 6 of the Addenda shall not be applicable.
Article 5 (Special Case of Application with Respect to Scope of Eligible Recipients)
Persons eligible for benefits, from the date of the enforcement of this Act until December 31, 2002, shall be those who have no obligatory provider or, if any, a person unable to do so or unreliable for such a support, and who fall under the criteria for selecting the persons eligible for benefits which are set forth by the Minister of Health and Welfare every year on the basis of the evaluated amount of income and property per household, in consideration of the minimum cost of living.
Article 6 (Special Case of Application with Respect to Recognized Income)
The recognized income under Articles 7 (2) and 9 (4) from the date of the enforcement of this Act until December 31, 2002 shall refer to the evaluated amount of income per household under subparagraph 8 of Article 2.
Article 7 (Preparation for Enforcement of Act)
(1) The Minister of Health and Welfare may, where deemed necessary for the enforcement of this Act, request the State, local governments, public organizations and other related persons to provide cooperation, such as the submission of data which are necessary to prepare for the enforcement of this Act, before this Act enters into force.
(2) The State, local governments, public organizations and other related persons in receipt of a request for the cooperation under paragraph (1) shall faithfully comply therewith.
Article 8 (Transitional Measures on Self-Support Guardian Institutes)
The self-support guardian institutes and the self-support communities that were designated or established under the previous Protection of Minimum Living Standards Act at the time of the enforcement of this Act shall be deemed to have been designated or established under this Act, respectively.
Article 9 (Transitional Measures on Filing Objections, etc.)
With respect to the objections filed under the previous Protection of Minimum Living Standards Act prior to the enforcement of this Act, the previous Act shall apply.
Article 10 (Transitional Measures on Protection Funds)
The protection funds under the previous Protection of Minimum Living Standards Act at the time of the enforcement of this Act shall be regarded as the benefits funds under this Act.
Article 11 (Transitional Measures on Administrative Dispositions, etc.)
Dispositions and other actions that were taken by, or applications, etc. that were filed with, the benefits agency under the previous Protection of Minimum Living Standards Act prior to the enforcement of this Act shall be regarded as dispositions and other actions that have been taken by, or applications, etc. that have been filed with, the benefits agency under this Act.
Article 12 (Transitional Measures on Penalty Provisions)
In the application of penalty provisions to the offences committed in violation of the previous Protection of Minimum Living Standards Act prior to the enforcement of this Act, the previous Act shall apply.
Article 13 (Relations with Other Acts and Subordinate Statutes)
Any reference that has been made to the previous Protection of Minimum Living Standards Act by the other Acts and subordinate statutes at the time of the enforcement of this Act shall, if there exists any corresponding provisions in this Act, be regarded as a reference that has been made to the provisions corresponding thereto in this Act, in lieu of the previous provisions.
ADDENDUM <Act No. 7181, Mar. 5, 2004>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (2) shall enter into force on January 1, 2005 and the amended provisions of subparagraph 5 of Article 2 shall enter into force on July 1, 2005.
ADDENDUM <Act No. 7738, Dec. 23, 2005>
This Act shall enter into force on January 1, 2007.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8112, Dec. 28, 2006>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2007.
(2) (Transitional Measures on Provision of Funeral Benefits to Persons in Second-Lowest Income Bracket Receiving Existing Medical Benefits) From among the recipients eligible for benefits under Article 3 (1) 9 of the Medical Care Assistance Act before this Act enters into force, any rare, obstinate and chronic disease patient or any person in the second-lowest income bracket who is a child under 18 years of age receiving medical benefits since January 1, 2004 shall be eligible for funeral benefits under Article 7 (1) 6.
(3) (Transitional Measures on Self-Support Guardian Institutes) Any corporation, etc. which was designated as a self-support guardian institute under the former provisions as at the time this Act enters into force shall be deemed designated as a regional self-support center under the amended provisions of Article 16.
(4) (Transitional Measures with Regard to Benefits Funds) The benefits funds under the former provisions of Article 44 as at the time this Act enters into force shall be deemed a self-support fund under the amended provisions of Article 18-3.
ADDENDUM <Act No. 8641, Oct. 17, 2007>
This Act shall enter into force on July 1, 2008: Provided, That the amended provisions of Article 43 (1) 4 shall enter into force on January 1, 2008.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9617, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Articles 2 through 13 Omitted.
ADDENDA <Act No. 9795, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9932. Jan. 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10507, Mar. 30, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 10782, Jun. 7, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10997, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 11248, Feb. 1, 2012>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 15-2 (1) 3, 15-2 (1) 5, 15-3, and 18 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12933, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 20 shall enter into force on the date of its promulgation.
Article 2 (Preparation for Enforcement of Act)
The Minister of Health and Welfare and the competent central administrative agencies may perform preparatory acts necessary for the enforcement of this Act from the date this Act is promulgated.
Article 3 (Applicability concerning Publication of Minimum Security Level, etc.)
Notwithstanding the amended provisions of article 6 (2), the recipient selection criteria and minimum security level for each type of benefits under the amended provisions of Article 6 shall be made public before this Act enters into force.
Article 4 (Applicability concerning Payment of Benefits)
The amended provisions concerning the payment of benefits shall begin to apply from the month in which the enforcement date of this Act falls.
Article 5 (Transitional Measures concerning Previous Recipients, etc.)
(1) Where any recipient under the previous provisions as at the time this Act enters into force meets the recipient selection criteria for each type of benefit under the amended provisions of Articles 8, 11, 12 or 12-3, he/she shall be deemed a recipient selected respectively pursuant to the relevant amended provisions.
(2) Where there has occurred decrease in cash benefits (referring to the aggregate of the amount of livelihood benefits under previous provisions of Article 8 and the amount of housing benefits under previous Article 11) for any recipient under the previous provisions as at the time this Act enters into force, the relevant livelihood agency shall disburse the decreased amount (hereinafter referred to as the “amount of compensation”) to the relevant recipient: Provided, That where the recognized income of the relevant recipient has increased, or the minimum security level has been raised, the respective increases incurring therefrom shall be subtracted from the amount of compensation and the payment period shall expire as at the time the amount of compensation becomes zero won.
(3) The livelihood benefit selection criteria under the amended provisions of Article 8 (2) after this Act enters into force shall be set higher than the livelihood benefit level under the previous provisions, and shall be gradually adjusted to reach at least 30/100 of the standard median income until 2017.
Article 6 (General Transitional Measures concerning Dispositions, etc.)
(1) Acts committed by, or against, livelihood security agencies under the previous provisions as at the time this Act enters into force shall be deemed acts by, or against, livelihood security agencies under the amended provisions corresponding thereto.
(2) The Minister of Health and Welfare, etc. shall formulate a basic plan on basic livelihood security and a comprehensive plan on basic livelihood security, under the amended provisions of Article 20-2 and conduct an investigation on the current status, within two years after this Act enters into force.
(3) Citation of any Acts or subordinate statutes concerning eligible recipients under subparagraph 1 of Article 2, recipients under subparagraph 2 of Article 2, the minimum cost of living under subparagraph 6 of Article 2, the second-lowest income bracket under subparagraph 11 of Article 2 and the eligible recipient under Article 5 as at the time this Act enters into force shall, until Dec. 31, 2015, be deemed citation of the previous provisions. In such cases, recipients of medical benefits under the amended provisions of Article 12-3 shall be deemed recipients governed by the previous provisions.
Article 7 Omitted.
Article 8 (Relationship with Other Acts and Subordinate Statutes)
A citation of the former provisions by any other Acts or statutes in force as at the time this Act enters into force shall be deemed a citation of the relevant amended provision of this Act in lieu of the former provisions, if such relevant provisions exist in this Act.
ADDENDUM <Act No. 13987, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDUM <Act No. 14880, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation.