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ACT ON SUPPORT FOR WELFARE AND SELF-RELIANCE OF THE HOMELESS, ETC.

Act No. 10784, jun. 7, 2011

Amended by Act No. 13101, Jan. 28, 2015

Act No. 13645, Dec. 29, 2015

Act No. 14882, Sep. 19, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote the reintegration of homeless persons into society in good shape and the welfare of homeless persons by protecting their right to make a living worthy of human dignity and creating infrastructure for their rehabilitation and self-support.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "homeless persons" means persons specified by Ordinance of the Ministry of Health and Welfare among the followingpersons:
(a) Persons who have lived without a permanent abode for a substantial period;
(b) Persons who have used a facility for the homeless or have lived in a facility for the homeless for a substantial period;
(c) Persons who have lived at a place with substantially low habitability for a substantial period;
2. The term "facility for the homeless" means a welfare facility or an integrated support center for the homeless, as defined in this Act;
3. The term "workers in a facility for the homeless" means the head of a facility for the homeless and workers in such facility, who are in charge of protecting homeless persons, counseling services and referral to welfare services for homeless persons, and welfare of homeless persons, etc. in the facility for the homeless.
 Article 3 (Responsibilities of State and Local Governments)
(1) The State and local governments shall be responsible for reintegrating homeless persons into society and improving their welfare by preventing them from sleeping outdoors, guaranteeing rights and interests of homeless persons, and preparing policies for protecting them and assisting them in rehabilitation and self-support.
(2) The State and local governments shall cooperate with related non-governmental organizations in order to smoothly conduct programs for assisting homeless persons, etc.
 Article 4 (Rights and Responsibilities of Homeless Persons)
(1) Homeless persons are entitled to appropriate housing, protection, etc. provided by the State and local governments, and shall make earnest efforts to improve the standard of living on their own.
(2) Homeless persons shall comply with emergency measures taken by police officials (including municipal police officials referred to in the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), fire officials, or workers conducting affairs related to homeless persons, etc., in the event of an emergency referred to in Article 14. <Amended by Act No. 13101, Jan. 28, 2015>
 Article 5 (Restriction on Double Assistance)
Welfare services provided under this Act to homeless persons may be restricted, as prescribed by Presidential Decree, if they receive protection or assistance similar to the welfare services provided for in this Act.
 Article 6 (Relationship to other Acts)
Except as otherwise expressly provided in this Act, affairs related to homeless persons shall be governed by the provisions of the Social Welfare Services Act.
CHAPTER II FORMULATION, ETC. OF COMPREHENSIVE PLANS FOR HOMELESS PERSONS
 Article 7 (Formulation, etc. of Comprehensive Plans for Welfare of Homeless Persons and Assistance in their Self-Support)
(1) In order to protect homeless persons and assist them in supporting themselves, the Minister of Health and Welfare shall formulate and implement a comprehensive plan to protect homeless persons and to assist their self-support every five years (hereinafter referred to as "comprehensive plan"), including the following:
1. Objectives of, and direction-setting for, policies on homeless persons;
2. Plans for preventing homelessness and for follow-up management and reduction of homelessness;
3. Indicators of policy outcomes and financial plans;
4. Matters regarding installation and establishment of facilities for homeless persons, housing assistance and welfare services;
5. Matters regarding cooperation with the private sector;
6. Matters regarding cooperation with the heads of related central administrative agencies for protection of and self-support by homeless persons;
7. Other matters specified by Presidential Decree with regard to polices on homeless persons.
(2) When the Minister of Health and Welfare intends to formulate a comprehensive plan, he/she shall consult thereon with the heads of related central administrative agencies.
(3) Each comprehensive plan shall be finalized upon deliberation by the Social Security Deliberation Committee established under Article 16 of the Framework Act on Social Security. The same shall also apply to any intended amendment of the comprehensive plan.
(4) The Minister of Health and Welfare shall notify the heads of related central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and the Governor of a Special Self-Governing (hereinafter referred to as "Mayors/Do Governors") of a finalized or amended comprehensive plan.
(5) If it is necessary to formulate and implement a comprehensive plan or an implementation plan under Article 8, the Minister of Health and Welfare, the head of a related central administrative agency, or a Mayor/Do Governor may request the head of a related public institution, a social organization, or a private enterprise to cooperate with him/her, providing him/her with necessary data.
(6) A person in receipt of a request under paragraph (5) shall comply with such request, unless he/she has a justifiable ground for non-compliance.
 Article 8 (Formulation, Implementation, etc. of Implementation Plans)
(1) The Minister of Health and Welfare, the head of each related central administrative agency, and each Mayor/Do Governor shall formulate and implement an implementation plan for policies on homeless persons every year (hereinafter referred to as "implementation plan") in accordance with the comprehensive plan.
(2) The head of each related central administrative agency and each Mayor/Do Governor shall submit an implementation plan for the following year and a report on results of execution of the implementation plan for the preceding year to the Minister of Health and Welfare every year, as prescribed by Presidential Decree.
(3) The Minister of Health and Welfare shall evaluate results of execution of implementation plans for each year.
(4) Matters necessary for formulation and execution of implementation plans and evaluation of results of execution shall be prescribed by Presidential Decree.
 Article 8-2 (Report to the National Assembly)
The Minister of Health and Welfare shall finalize key details of a comprehensive plan each year, an implementation plan for the relevant year, results of the implementation plan for the previous year, and assessment of the results, and shall report them to the competent Standing Committee without delay.
[This Article Newly Inserted by Act No. 13645, Dec. 29, 2015]
 Article 9 (Fact-Finding Surveys)
(1) The Minister of Health and Welfare shall conduct a fact-finding survey every five years as to the current state, needs, and psychological state of homeless persons and the state of assistance provided to such persons by the public and private sectors, and publish the results thereof, in order to ensure appropriate enforcement of this Act. <Amended by Act No. 13101, Jan. 28, 2015>
(2) The Minister of Health and Welfare may, where necessary to conduct the fact-finding survey under paragraph (1), request the head of a relevant central administrative agency, the head of a relevant local government, the head of a relevant public institution prescribed in the Act on the Management of Public Institutions, and the heads of other relevant facilities, corporations, or organizations to submit necessary materials or to present their opinions. In such cases, the head of a central administrative agency, etc. shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted by Act No. 13101, Jan. 28, 2015>
(3) Matters necessary for the timing, methods, and details, etc. of the fact-finding survey referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13101, Jan. 28, 2015>
CHAPTER III PROVISION OF WELFARE SERVICES
 Article 10 (Assistance in Housing)
(1) The State and local governments may assist homeless persons in housing in accordance with any of the subparagraphs for their appropriate dwelling:
1. Protection by admission to a facility for the homeless under Article 16;
2. Protection by admission to a social welfare facility under Article 2 of the Social Welfare Services Act or a protection facility under any other Act;
3. Provision of a rental housing unit;
4. Subsidization for temporary housing expenses;
5. Other housing assistance prescribed by Presidential Decree.
(2) Matters necessary for the eligibility criteria, methods, and procedure for housing assistance provided in paragraph (1) shall be prescribed by Presidential Decree.
 Article 11 (Provision of Meals)
(1) The State and local governments may establish and operate facilities for providing meals to homeless persons in order to provide homeless persons with meal services, as necessary.
(2) If any person, other than the State and local governments, intends to establish and operate a facility for providing meals to homeless persons, he/she shall report thereon to the competent head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; the same shall apply hereinafter), as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Matters necessary for providing meals, including establishment and operation of facilities for providing meals to homeless persons and criteria for assistance, shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 12 (Medical Assistance)
(1) The State and a local government may establish and operate medical facilities for homeless persons in order to provide medical services to homeless persons, as necessary.
(2) The State and a local government may designate national or public hospitals, public health clinics, or private medical institutions as medical facilities for homeless persons.
(3) The State and a local government may request or entrust national or public hospitals, public health clinics, or private medical institutions to provide specialized medical services to homeless persons who need specialized treatment and surgical operations.
(4) Any person, other than the State and local governments, may establish and operate medical facilities for homeless persons, as prescribed by Ordinance of the Ministry of Health and Welfare.
(5) Matters necessary for medical assistance to homeless persons, including standards for establishment, operation, and designation of medical facilities for homeless persons shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 13 (Assistance with Employment)
(1) The State and local governments may take measures necessary for providing employment information, jobs, and job referral services, and for development of workplace skills in order to assist homeless persons in obtaining a job and to promote employment of homeless persons.
(2) The State and local governments may provide jobs in the public sector to homeless persons and implement programs for assisting them in supporting themselves in order to promote employment of homeless persons.
(3) If any person, other than the State and local governments, intends to implement a program for assisting homeless persons in supporting themselves, he/she shall file a report thereon with the competent head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Matters necessary for assisting homeless persons in employment under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 14 (Duty to Take Emergency Measures)
(1) If a police official, a fire official, or a worker engaged in affairs related to homeless persons receives a report on, or finds, a homeless person in an emergency, such as a serious illness and death from hypothermia, he/she shall take necessary measures without delay. <Amended by Act No. 13101, Jan. 28, 2015>
(2) Details regarding emergencies, necessary measures, and the scope of workers engaged in affairs related to homeless persons referred to in paragraph (1) shall be prescribed by Presidential Decree.
CHAPTER IV FACILITIES FOR HOMELESS PERSONS
 Article 15 (Establishment, Operation, etc. of Facilities for Homeless Persons)
(1) The State and local governments may establish and operate facilities for homeless persons or may entrust a social welfare corporation or a nonprofit corporation with the operation of facilities for homeless persons in order to assist homeless persons in supporting themselves and integrating into society.
(2) If any person, other than the State and local governments, intends to establish and operate a facility for homeless persons, he/she shall report thereon to the competent head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Matters necessary for standards for establishment and operation of facilities for homeless persons shall be prescribed by Ordinance of the Ministry for Health and Welfare.
 Article 16 (Categories of Facilities for Homeless Persons)
(1) Categories of facilities for homeless persons are as follows:
1. Facilities for temporary protection of homeless persons: Facilities for providing homeless persons with temporary protection and arranging welfare services for them;
2. Facilities for assisting homeless persons to support themselves: Facilities for providing homeless persons with welfare services, such as professional vocational counseling and training, in order to assist homeless persons to support themselves;
3. Facilities for rehabilitation of homeless persons: Facilities for providing medical treatment and rehabilitation services to homeless persons struggling to support themselves due to a physical or mental disorder;
4. Medical care facilities for homeless persons: Medical care facilities for homeless persons who have difficulties in returning to their home and society within a short time due to a health problem;
5. Facilities for providing meals to homeless persons: Facilities for meal services provided in Article 11;
6. Facilities for medical services for homeless persons: Facilities for medical services provided in Article 12;
7. Other facilities specified by Ordinance of the Ministry of Health and Welfare.
(2) Matters necessary for further details of, and standards for business activities of facilities for welfare of homeless persons under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 17 (Admission to and Discharge from Facilities for Homeless Persons)
(1) A homeless person who intends to be admitted to, or discharged from, a facility for welfare of homeless persons may file an application for admission with the head of the facility for welfare of homeless persons or may request the head of the facility for welfare of homeless persons to discharge him/her from the facility.
(2) The head of a Si/Gun/Gu or the head of a police agency or station (including a district unit, precinct station, and branch station) may request a facility to admit homeless persons, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) The head of a Si/Gun/Gu may install a committee for examination of admission and discharge, in order to determine whether to admit or discharge a homeless person and take necessary measures, such as transfer of a homeless person to other social welfare facilities.
(4) Matters necessary for criteria, methods, and procedure for admission to and discharge from facilities for welfare of homeless persons under paragraphs (1) and (2) and matters necessary for organization and operation of the committee for examination of admission and discharge under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 18 (Services of Facilities for Welfare of Homeless Persons)
(1) The head of a facility for welfare of homeless persons shall provide admittees with programs necessary for their self-support and rehabilitation and shall take measures necessary for health care of admittees.
(2) Matters necessary for operating programs for self-support and rehabilitation and health care under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 19 (Integrated Support Centers for Homeless)
An integrated support center for the homeless shall perform the following activities:
1. Counseling services for assisting homeless persons in housing, medical treatment, and employment and referring them to welfare services pursuant to Articles 10, 12 and 13;
2. Emergency measures provided in Article 14;
3. Management of history of welfare services;
4. Psychological counseling services;
5. Other activities specified by Ordinance of the Ministry of Health and Welfare.
 Article 20 (Education on Human Rights)
(1) Workers in a facility for homeless persons shall undergo education for preventing violations of human rights of homeless persons.
(2) Matters necessary for the education provided in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 21 (Prohibited Acts)
No worker in a facility for homeless persons shall do any of the following acts:
1. Leaving a homeless person unattended or neglecting to provide basic protection or medical treatment of a homeless person, including clothing, feeding, and sheltering;
2. Gaining undue profits by forcing a homeless person to beg or by using homeless persons or the facility for homeless persons for profit;
3. Using money or goods donated or received as benefits for homeless persons for any purpose other than the specified purpose;
4. Delaying to admit, discharge, or transfer a homeless person without any justifiable ground or forcibly admitting or discharging homeless persons to or from the facility.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 22 (Subsidization for Expenses)
The State and local governments may subsidize expenses necessary for establishing and operating facilities for homeless persons, as prescribed by Presidential Decree.
 Article 23 (Prohibition of Divulgence of Confidential Information)
No person who worked or works for a facility for homeless persons shall divulge confidential information about any other person acquired in the course of performing his/her duties.
 Article 24 (Prohibition of Use of Similar Names)
No facility, other than the facilities for homeless persons under this Act, shall use the words "facility for homeless persons" or similar words in its name.
 Article 25 (Delegation or Entrustment of Authority)
(1) The Minister of Health and Welfare may delegate part of his/her authority under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust some of the affairs assigned to him/her under this Act to a related organization or corporation, as prescribed by Presidential Decree.
CHAPTER VI PENALTY PROVISIONS
 Article 26 (Penalty Provisions)
(1) Any person who commits a violation prescribed in Article 21 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. 14882, Sep. 19, 2017>
(2) Any person who divulges any confidential information acquired in the course of performing him/her duties, in violation of Article 23, shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended by Act No. 14882, Sep. 19, 2017>
(3) A person who establishes and operates a facility for the welfare of homeless persons (excluding a facility for providing meals to homeless persons) without reporting thereon in violation of Article 15 (2) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won.
 Article 27 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or an employee of, or any other person employed by, a corporation or an individual commits a violation under Article 26 in connection with the business affairs of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
 Article 28 (Administrative Fines)
(1) Any person who violates the duty to report under Article 11 (2) or 13 (3) or any person who uses a similar name in violation of Article 24 shall be subject to an administrative fine not exceeding five million won.
(2) Administrative fines provided for in paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measure concerning Facilities for Protection of Vagrants and Homeless Persons)
Facilities for welfare of vagrants and shelters for the homeless, which were established under the Social Welfare Services Act before this Act enters into force shall be deemed facilities established for welfare of homeless persons under this Act, while counseling and protection centers established under the afore-said Act shall be deemed integrated support centers for homeless persons: Provided, That a facility for homeless persons, operated by any person other than the State and local governments, shall fulfill the standards for establishment and operation provided in Article 15 (3) and shall file another report thereon within one year after this Act enters into force.
Article 3 Omitted.
ADDENDUM <Act No. 13101, Jan. 28, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13645, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Report to the National Assembly)
The amended provisions of Article 8-2 shall apply beginning with the first comprehensive plan for welfare of homeless persons and assistance in their self-support and the first policy on homeless persons, etc.
ADDENDUM <Act No. 14882, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation.