Law Viewer

Back Home

WELFARE OF OLDER PERSONS ACT

Wholly Amended by Act No. 5359, Aug. 22, 1997

Amended by Act No. 5453, Dec. 13, 1997

Act No. 5851, Feb. 8, 1999

Act No. 6124, Jan. 12, 2000

Act No. 6916, May 29, 2003

Act No. 7152, Jan. 29, 2004

Act No. 7452, Mar. 31, 2005

Act No. 7585, Jul. 13, 2005

Act No. 8200, Jan. 3, 2007

Act No. 8367, Apr. 11, 2007

Act No. 8366, Apr. 11, 2007

Act No. 8385, Apr. 25, 2007

Act No. 8435, May 17, 2007

Act No. 8608, Aug. 3, 2007

Act No. 8852, Feb. 29, 2008

Act No. 8974, Mar. 21, 2008

Act No. 9386, Jan. 30, 2009

Act No. 9932, Jan. 18, 2010

Act No. 9964, Jan. 25, 2010

Act No. 10509, Mar. 30, 2011

Act No. 10563, Apr. 7, 2011

Act No. 10785, jun. 7, 2011

Act No. 11013, Aug. 4, 2011

Act No. 10997, Aug. 4, 2011

Act No. 11249, Feb. 1, 2012

Act No. 11513, Oct. 22, 2012

Act No. 11854, jun. 4, 2013

Act No. 11998, Aug. 6, 2013

Act No. 12066, Aug. 13, 2013

Act No. 13102, Jan. 28, 2015

Act No. 13474, Aug. 11, 2015

Act No. 13646, Dec. 29, 2015

Act No. 14224, May 29, 2016

Act No. 14320, Dec. 2, 2016

Act No. 14596, Mar. 14, 2017

Act No. 14922, Oct. 24, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to promoting the health and welfare of older persons by preventing or early detecting diseases affecting older persons, maintaining mental and physical health through proper treatment and recuperation taking into account their specific conditions, and devising appropriate measures to ensure stable lives of older persons.
 Article 1-2 (Definitions)
Definitions of the terms used in this Act shall be as follows: <Amended by Act No. 8200, Jan. 3, 2007; Act No. 11013, Aug. 4, 2011; Act No. 13646, Dec. 29, 2015; Act No. 14320, Dec. 2, 2016>
1. "Person who is under duty to support" means a spouse (including persons in a marriage or de facto relationship), lineal descendants, and their spouses (including persons in a marriage or de facto relationship);
2. "Guardian" means a person who is under duty to support or a person who offers de facto protection to older persons on the grounds of business or employment relations, etc.;
3. "Dementia" means dementia referred to in subparagraph 1 of Article 2 of the Dementia Management Act;
4. "Elder abuse" means any act of physical, mental, emotional, and sexual violence, and economic exploitation of, or atrocities against, or desertion or neglect of, older persons;
5. "Crime related to elder abuse" means elder abuse against an older person aged 65 years or older by his/her guardian, which falls under any of the following:
(a) Any crime specified in Article 257, 258, 260 (1) or (2), 261, or 264, among crimes of inflicting a bodily injury and violence specified in Chapter XXV of Part II of the Criminal Act;
(b) Any crime specified in Article 271 (1) or (2) or 273, among crimes of abandonment and maltreatment specified in Chapter XXVIII of Part II of the Criminal Act;
(c) Any crime specified in Article 276, 277, 278, 279, 280, or 281 (limited to where the relevant crime results in bodily injury), among crimes of false arrest and illegal confinement specified in Chapter XXIX of Part II of the Criminal Act;
(d) Any crime specified in Article 283 (1) or (2), 284, 285 (limited to the crimes specified in Article 283), or 286, among crimes of intimidation specified in Chapter XXX of Part II of the Criminal Act;
(e) Any crime specified in Articles 297, 297-2, 298, 299, 300, 301, 301-2, or 305-2 (limited to the crimes specified in Articles 297, 297-2, 298 through 300), among crimes concerning rape and infamous conduct specified in Chapter XXXII of Part II of the Criminal Act;
(f) Any crime specified in Article 307, 309, or 311, among crimes against reputation specified in Chapter XXXIII of Part II of the Criminal Act;
(g) Any crime specified in Article 321, among crimes of intrusion upon a human habitation specified in Chapter XXXVI of Part II of the Criminal Act;
(h) Any crime specified in Article 324 or 324-5 (limited to the crimes specified in Article 324), among crimes of obstructing another from exercising his/her right specified in Chapter XXXVII of Part II of the Criminal Act;
(i) Any crime specified in Article 350 or 352 (limited to the crimes specified in Article 350), among crimes of fraud and extortion specified in Chapter XXXIX of Part II of the Criminal Act;
(j) Any crime specified in Article 366, among crimes of destruction specified in Chapter XLII of Part II of the Criminal Act;
(k) Any crime specified in Article 55-2, 55-3 (1) 2, subparagraph 1 of 55-4, or 59-2;
(l) Any crime specified in items (a) through (j), which is subject to aggravated punishment under other statutes.
[This Article Newly Inserted by Act No. 7152, Jan. 29, 2004]
 Article 2 (Fundamental Ideas)
(1) Older persons shall be respected as those who have contributed to the upbringing of descendants and the development of the State and society, and their sound and stable lives shall be ensured.
(2) Older persons shall be guaranteed opportunities to be engaged in proper jobs and to participate in social activities, depending on their abilities.
(3) Older persons shall try to maintain mental and physical health at all times, based on the recognition of mental and physical changes that occur as they grow older, and contribute to the development of society by utilizing their knowledge and experience.
 Article 3 (Development and Maintenance of Family System)
The State and people shall make efforts to develop and maintain a sound family system based on the traditional custom of expressing respect and love for older persons and parents.
 Article 4 (Responsibility for Promoting Health and Welfare)
(1) The State and local governments shall be responsible for promoting the health and welfare of older persons; and shall formulate and implement measures for these purposes.
(2) In formulating measures under paragraph (1), the State and local governments shall make efforts to ensure realization of the fundamental ideas prescribed in Article 2.
(3) A person, who operates a business related to the daily lives of older persons, shall make efforts to promote the health and welfare of older persons in operating the relevant business.
 Article 5 (Fact-Finding Survey on Status of Older Persons)
(1) The Minister of Health and Welfare shall conduct a fact-finding survey on the current status of the health and welfare of older persons every three years and publicly announce the results thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) The Minister of Health and Welfare may request the head of a related institution, corporation, organization, or facility to submit necessary data or to present his/her opinion, in order to conduct a fact-finding survey on the current status prescribed in paragraph (1). In such cases, the head of the related institution, corporation, organization, or facility shall comply with such request, except in extenuating circumstances. <Newly Inserted by Act No. 13102, Jan. 28, 2015>
(3) Necessary matters concerning methods and details, etc. of the survey under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Newly Inserted by Act No. 8200, Jan. 3, 2007]
 Article 6 (Older Persons’ Day, etc.)
(1) In order to draw social attention to older persons and to raise awareness of the importance of paying respect to older persons, the Older Persons’ Day shall be observed on October 2 every year and the Older Persons’ Month in October every year.
(2) In order to encourage people to practice filial piety to their parents, the Parents Day shall be observed on May 8 every year.
(3) Deleted. <by Act No. 11013, Aug. 4, 2011>
(4) In order to raise awareness about, and draw attention to, elder abuse nationwide, June 15 every year shall be designated as the Elder Abuse Prevention Day; and the State and local governments shall endeavor to organize and promote events fit for the purpose of the Elder Abuse Prevention Day. <Newly Inserted by Act No. 13646, Dec. 29, 2015>
 Article 6-2 (Production, Distribution and Transmission of Publicity Videos)
(1) The Minister of Health and Welfare shall produce a publicity video on the precaution, prevention, and risk of elder abuse, method, etc. of filing a report thereon, and distribute the video to persons in charge of broadcast programming defined in subparagraph 23 of Article 2 of the Broadcasting Act.
(2) The Minister of Health and Welfare may request terrestrial broadcasting business entities defined in subparagraph 3 (a) of Article 2 of the Broadcasting Act to transmit, through each channel, the publicity video referred to in paragraph (1), within the ratio of the non-commercial, public interest advertisements prescribed by Presidential Decree pursuant to Article 73 (4) of the same Act.
(3) The Minister of Health and Welfare may request electric sign board broadcasting business entities defined in subparagraph 12 of Article 2 of the Broadcasting Act to transmit, through electric sign boards, the publicity video referred to in paragraph (1), within the ratio of the non-commercial, public interest advertisements prescribed by Presidential Decree pursuant to Article 73 (4) of the same Act.
(4) Terrestrial broadcasting business entities referred to in paragraph (2) and electric sign board broadcasting business entities referred to in paragraph (3) may independently produce and transmit a publicity video, other than the video referred to in paragraph (1). In such cases, they may request the Minister of Health and Welfare to provide necessary cooperation and assistance.
[This Article Newly Inserted by Act No. 13646, Dec. 29, 2015]
 Article 6-3 (Human Rights Education)
(1) A person who establishes and operates any facility prescribed by Presidential Decree among the welfare facilities for older persons referred to in Article 31 as well as his/her/its employees shall receive education on human rights (hereinafter referred to as "human rights education" in this Article).
(2) A person who establishes and operates any facility prescribed by Presidential Decree among the welfare facilities for older persons referred to in Article 31 may conduct human rights education for older persons who use the facility.
(3) The Minister of Health and Welfare may designate an institute for human rights education in order to efficiently conduct human rights education pursuant to paragraph (1) or (2). In such cases, the Minister of Health and Welfare may subsidize expenses incurred in conducting human rights education within budgetary limits; and a designated institute for human rights education may collect expenses incurred in doing so from persons subject to human rights education, with the approval of the Minister of Health and Welfare.
(4) Where an institute for human rights education designated as such pursuant to paragraph (3) falls under any of the following, the Minister of Health and Welfare may revoke its designation or suspend its business for a specified period not exceeding six months: Provided, That if it falls under subparagraph 1, its designation shall be revoked:
1. Where it is designated as an institute for human rights education by fraud or other improper means;
2. Where it fails to meet the designation requirements prescribed by Ordinance of the Ministry of Health and Welfare pursuant to paragraph (5);
3. Where it is deemed significantly incapable of conducting human rights education.
(5) Persons subject to human rights education referred to in paragraphs (1) and (2), the details and method thereof, standards for designating an institute for human rights education under paragraph (3) as well as for revoking its designation or suspending its business under paragraph (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 14922, Oct. 24, 2017]
 Article 7 (Counselor for Welfare of Older Persons)
(1) In order to take charge of the affairs related to the welfare of older persons, a Special Self-Governing Province and Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply) shall have counselors for the welfare of older persons. <Amended by Act No. 8608, Aug. 3, 2007>
(2) Matters necessary for the appointment, commission, duties and remunerations, etc. of the counselor for the welfare of older persons shall be determined by Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999>
 Article 8 (Residential Facilities Reserved for Older Persons)
The State or local governments shall encourage the provision of residential facilities that have functions and equipment suitable for older persons and may provide appropriate support to the provider of the residential facilities.
CHAPTER II (Articles 9 through 22) Deleted.
CHAPTER III DISPOSITIONS OF HEALTH AND WELFARE
 Article 23 (Assistance for Social Participation of Older Persons)
(1) In order to increase social participation of older persons, the State or local governments shall make efforts to expand the opportunities for older persons to engage in community service activities, to formulate policies to develop and disseminate the occupational categories suitable for older persons, and to provide the job opportunities first and foremost to older persons who has the ability to work.
(2) The State or local governments may, in order to encourage older persons to actively engage in community services and to have jobs, provide the necessary assistance to the welfare agencies for older persons, such as community service agencies for older persons and job placement agencies for older persons, etc.
 Article 23-2 (Establishment and Operation of Dedicated Elderly Employment Agencies)
(1) Agencies dedicated to helping older persons land a job commensurate with their abilities and aptitudes (hereinafter referred to as "dedicated elderly employment agencies") in a professional and systematic manner shall be as follows: <Amended by Act No. 10563, Apr. 7, 2011>
1. Human resources development agency for older persons: An agency that provides support for older persons through programs such as the ones designed to create and provide jobs for older persons and the ones focused on research, education and public relations, cooperation, program certification, assessment, etc.;
2. Agency helping older persons land a job: An agency directly responsible for creating and providing jobs for older persons, fostering entrepreneurship and growth of startups, the production and sale of goods by older persons, etc.;
3. Job placement agency for older persons: An agency providing counseling and information to the elderly about getting a job or an agency helping older persons find a job.
(2) The State or a local government may establish and operate a dedicated elderly employment agency, or entrust the operation thereof, in whole or in part, to a corporation or an organization, etc. <Newly Inserted by Act No. 10563, Apr. 7, 2011>
(3) Matters necessary for establishment, operation, or entrustment of a dedicated elderly employment agency shall be prescribed by Presidential Decree.
(4) Criteria, etc. on facilities and personnel required of agencies helping older persons land a job referred to in paragraph (1) 2 shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 11854, Jun. 4, 2013>
[This Article Newly Inserted by Act No. 7585, Jul. 13, 2005]
 Article 24 (Commissioning of Community Service Counselors and their Duties)
(1) Where highly respected, experienced elderly people desire to engage in community services, the State or local governments may commission them as community service counselors.
(2) Duties of community service counselors under paragraph (1) shall be as follows: <Amended by Act No. 13102, Jan. 28, 2015>
1. Providing consultation and rendering advice to civil petitioners among the affairs performed by the State or local governments;
2. Directing traffic, providing assistance in controlling parking or stopping control or controlling environmental impairment and deeds against preservation of nature, and giving guidance to juveniles;
3. Providing education on cultural heritage, such as the values of loyalty and filial piety and traditional etiquettes;
4. Protecting and giving guidance on cultural properties;
4-2. Providing older persons with education on traffic safety and prevention of traffic accidents;
5. Other duties determined by Presidential Decree.
 Article 25 (Occupation Assistance)
When granting permission to install or entrusting the installation of stores or vending machines for the sale of necessities of everyday life, such as foodstuffs, office supplies, and newspapers in the public facilities which are established and operated by the State, local governments, or other public agencies, an application by persons 65 years old or over shall be given a priority.
 Article 26 (Preferential Treatment of Older Persons)
(1) The State or local governments may provide the persons aged 65 years old or over with a free or discounted admission to public facilities, such as transportation facilities of the State or local governments, ancient palaces, royal tomb gardens, museums, parks, etc., as prescribed by Presidential Decree.
(2) The State or local governments may recommend persons who operate a business related to the daily lives of older persons to grant a discount to persons aged 65 years old or over.
(3) The State or local governments may extend proper assistance to the persons who grant a discount to older persons under paragraph (2).
 Article 27 (Medical Examinations, etc.)
(1) The State or local governments may conduct medical examinations and provide health education for those aged 65 years old or over, as prescribed by Presidential Decree. In such cases, the most common diseases by gender, etc. shall be taken into consideration in such examinations and education, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13102, Jan. 28, 2015>
(2) Where deemed necessary as a result of the medical examination conducted under paragraph (1), the State or local governments shall provide the persons who have undergone the relevant medical examination with necessary guidance.
 Article 27-2 (Support for Older Persons Living Alone)
(1) The State or a local government shall provide older persons living alone with services, such as visiting medical treatment and care, and take protective measures, such as safety confirmation. <Amended by Act No. 14922, Oct. 24, 2017>
(2) The State or a local government may entrust business referred to in paragraph (1) to an older person-related institution or organization and may subsidize expenses incurred in conducting and operating such business within budgetary limits. <Newly Inserted by Act No. 14922, Oct. 24, 2017>
(3) Details of services and protective measures referred to in paragraph (1) shall be prescribed by the Minister of Health and Welfare.
[This Article Newly Inserted by Act No. 8608, Aug. 3, 2007]
 Article 27-3 (Support Centers for Older Persons Living Alone)
(1) The Minister of Health and Welfare may establish and operate a Support Center for Older Persons Living Alone in order to conduct the following activities related to care for older persons living alone:
1. Research on policies, and development of programs, for older persons living alone;
2. Surveys of the status of older persons living alone and management of such persons;
3. Education for workers engaging in care services for older persons living alone;
4. Public relations on care services for older persons living alone, as well as development and dissemination of educational materials;
5. Support for, and evaluation of, institutions providing care services for older persons living alone;
6. Establishment of a cooperative system and exchanges among relevant institutions;
7. Collection, receipt, and distribution of donations to create a culture of giving for older persons living alone;
8. Any other activities entrusted by the Minister of Health and Welfare to promote care for older persons living alone.
(2) The Minister of Health and Welfare may entrust the operation of Support Centers for Older Persons Living Alone referred to in paragraph (1) to a corporation or organization equipped with professional manpower and facilities.
(3) Any other matters necessary for the establishment, operation, etc. of Support Centers for Older Persons Living Alone shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Amended by Act No. 14922, Oct. 24, 2017]
 Article 27-4 (Medical Support for Geriatric Illnesses)
(1) The State or a local government may fully or partially subsidize expenses incurred in relation to preventive education, early detection, medical treatment, etc. of geriatric illnesses, taking account of geriatric patients' financial ability, etc.
(2) The scope of geriatric illnesses, persons eligible for subsidization, standards and method for subsidization referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Amended by Act No. 14922, Oct. 24, 2017]
 Article 28 (Dispositions of Counseling, Admission, etc.)
(1) The Minister of Health and Welfare, a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply) shall take the following measures he/she deems necessary for promoting welfare of older persons: <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
1. To require the relevant public officials or counselors for the welfare of older persons to provide consultation and guidance to persons aged 65 years or older or persons who protect the older persons;
2. To admit persons aged 65 years or older, for whom protection at home is impracticable due to physical, mental, economic, or circumstantial reasons, to residential welfare facilities for older persons or the commuting-system welfare facilities for older persons at home, or to entrust their admission to such facilities;
3. To admit persons aged 65 years or older, who need continuous protection due to serious physical or mental defects and for whom protection at home is impracticable on financial grounds, to medical welfare facilities for older persons, or to entrust their admission to such facilities.
(2) The Minister of Health and Welfare, Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "welfare services agency") may, where deemed necessary to protect those aged under 65 years due to serious signs of decrepitude, take measures falling under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Where a person who has been admitted to a facility under paragraph (1) or (2) died, and where there is no one to hold his/her funeral, the welfare facility may hold a funeral or have the head of the relevant facility hold the funeral.
 Articles 29 and 29-2 Deleted. <by Act No. 11013, Aug. 4, 2011>
 Article 30 (Medical Treatment Projects for Rehabilitation of Older Persons)
(1) The State or local governments may conduct medical treatment projects for rehabilitation of older persons who need physical or mental rehabilitation.
(2) Details of the medical treatment projects for rehabilitation of older persons under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
CHAPTER IV ESTABLISHMENT AND OPERATION OF WELFARE FACILITY FOR OLDER PERSONS
 Article 31 (Types of Welfare Facilities for Older Persons)
The types of welfare facilities for older persons shall be as follows: <Amended by Act No. 7152, Jan. 29, 2004; Act No. 11854, Jun. 4, 2013; Act No. 14596, Mar. 14, 2017>
1. Residential welfare facilities for older persons;
2. Medical welfare facilities for older persons;
3. Leisure welfare facilities for older persons;
4. Commuting-system welfare facilities for older persons at home;
5. Specialized agencies for the protection of older persons;
6. Agencies helping older persons land a job under Article 23-2 (1) 2;
7. Shelters for elder abuse victims referred to in Article 39-19.
 Article 31-2 (Relationship with Reporting under the Social Welfare Services Act)
Where the establishment of welfare facilities for older persons has been reported pursuant to Articles 33 (2), 35 (2), 37 (2), and 39 (2), the establishment of social welfare facilities under Article 34 (2) of the Social Welfare Services Act shall be deemed to have been reported. <Amended by Act No. 10785, Jun. 7, 2011>
[This Article Newly Inserted by Act No. 8608, Aug. 3, 2007]
 Article 32 (Residential Welfare Institutions for Older Persons)
(1) Residential welfare institutions for older persons shall be the following institutions: <Amended by Act No. 8608, Aug. 3, 2007; Act No. 13102, Jan. 28, 2015>
1. An institution for older persons: An institution intended to provide older persons admitted thereto with meals and other conveniences necessary for their daily life;
2. A communal living home for older persons: An institution intended to provide older persons with home-like residential environment, meals, and other conveniences necessary for their daily life;
3. A welfare house for older persons: An institution intended to provide conveniences necessary for their daily life, such as convenient residence, guidance of life and advice, and safety management, through a lease of a residential institution to older persons.
(2) Matters necessary for the eligibility, procedures, and expenses for the admission to, and lease of a residential welfare institution for older persons shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8608, Aug. 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 13102, Jan. 28, 2015>
(3) Except as otherwise expressly provided for in this Act, the related provisions of the Housing Act and the Multi-Family Housing Management Act shall apply mutatis mutandis to the establishment, management, and supply of the welfare house for older persons. <Newly Inserted by Act No. 5851, Feb. 8, 1999; Act No. 6916, May 29, 2003; Amended by Act No. 8608, Aug. 3, 2007; Act No. 13474, Aug. 11, 2015>
 Article 33 (Establishment of Residential Welfare Facility for Older Persons)
(1) The State or local governments may establish residential welfare facilities for older persons.
(2) Where any person, other than the State or local governments, intends to establish residential welfare facilities for older persons, he/she shall file a report to a Special Self-Governing Province Governor and the head of a Si/Gun/Gu (hereinafter referred to as "head of a Si/Gun/Gu"). <Amended by Act No. 7452, Mar. 31, 2005; Act No. 8608, Aug. 3, 2007>
(3) Necessary matters concerning the criteria for the establishment and operation of the residential welfare facilities for older persons, personnel criteria for those facilities, and report on the establishment, matters to be observed by a person who establishes and operates the facility, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 33-2 (Qualifications for Admission to Welfare Houses for Older Persons)
(1) A person qualified for admission to a welfare house for older persons shall be a person aged 60 years or older (hereinafter referred to as "person qualified for admission"): Provided, That any of the following persons may be admitted, along with a person qualified for admission: <Amended by Act No. 13102, Jan. 28, 2015>
1. The spouse of a person qualified for admission;
2. Children or grandchildren aged under 19 years of a person qualified for admission who takes responsibility for supporting them.
(2) A person who builds or intends to build a welfare house for older persons, shall lease such house to a person qualified for admission. <Amended by Act No. 13102, Jan. 28, 2015>
(3) No person to whom a welfare house for older persons has been leased pursuant to paragraph (2) shall sublease the relevant residential institution for older persons to a person who is not qualified for admission. <Amended by Act No. 13102, Jan. 28, 2015>
(4) Deleted. <by Act No. 13102, Jan. 28, 2015>
(5) The head of a Si/Gun/Gu may limit the number of households and a floor area (limited to the area used for the purpose of residence) by household in the welfare house for older persons to a level not exceeding a certain figure, taking into account the size of the elderly population, the current status of demand for and supply of residential welfare institutions for older persons, and the efficient utilization of the welfare house for older persons, etc. in the area.
(6) A person who has built the welfare house for older persons pursuant to Article 33 (2) may entrust the operation, in whole or in part, of the welfare house for older persons concerned to a person prescribed by Presidential Decree with the approval from the head of a Si/Gun/Gu.
(7) Where a person qualified for admission dies or does not reside in a welfare house for older persons, his/her spouse, children, or grandchildren admitted to the welfare house for older persons pursuant to paragraph (1) shall leave the house within the period prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That this shall not apply in cases of extenuating circumstances prescribed by Ordinance of the Ministry of Health and Welfare, such as overseas stay of a person qualified for admission. <Newly Inserted by Amended by Act No. 14922, Oct. 24, 2017>
(8) The head of a Si/Gun/Gu may investigate whether the qualifications for admission are satisfied under paragraph (1) and whether any person qualified for admission has died or actually resides in the relevant house under paragraph (7), if necessary. <Newly Inserted by Amended by Act No. 14922, Oct. 24, 2017>
(9) Where any person is found to be unqualified for admission as a result of an investigation conducted under paragraph (8), the head of the competent Si/Gun/Gu shall take appropriate measures, such as requiring him/her to leave the relevant house. <Newly Inserted by Amended by Act No. 14922, Oct. 24, 2017>
[This Article Newly Inserted by Act No. 8608, Aug. 3, 2007]
 Article 33-3 Deleted. <by Act No. 13102, Jan. 28, 2015>
 Article 34 (Medical and Welfare Institutions for Older Persons)
(1) Medical and welfare institutions for older persons shall be any of the following institutions: <Amended by Act No. 8608, Aug. 3, 2007>
1. A sanatorium for older persons: An institution intending to provide meals, medical treatment, and other convenience necessary for the daily lives of older persons admitted thereto who need help because geriatric illnesses, such as dementia and paralysis, etc., have taken a heavy toll on their mental and physical abilities;
2. A medical treatment and communal living home for older persons: An institution intending to provide a home-like residential environment, meals, medical treatment and other convenience necessary for the daily lives of older persons who need help because geriatric illnesses such as dementia, paralysis, etc., have taken a heavy toll on their mental and physical abilities;
3. Deleted. <by Act No. 10785, Jun. 7, 2011>
(2) Necessary matters concerning eligibility for admission to medical and welfare institutions for older persons, costs of and procedures for admission, and matters to be observed by a person who establishes and operates such an institution shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8608, Aug, 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 35 (Establishment of Medical and Welfare Institutions for Older Persons)
(1) The State or local governments may establish medical and welfare institutions for older persons.
(2) Where a person, other than the State or local governments, intends to establish a medical and welfare institution for older persons, he/she shall report such plans to the head of a Si/Gun/Gu. <Amended by Act No. 7452, Mar. 31, 2005; Act No. 10785, Jun. 7, 2011>
(3) Matters necessary for setting out criteria for the establishment and operation of medical and welfare institutions for older persons, personnel criteria for those facilities, and the reporting on and permission for the establishment thereof, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8366, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10785, Jun. 7, 2011>
(4) Deleted. <by Act No. 10785, Jun. 7, 2011>
 Article 36 (Leisure and Welfare Institutions for Older Persons)
(1) Leisure and welfare institutions for older persons shall be any of the following institutions: <Amended by Act No. 8608, Aug. 3, 2007>
1. A welfare center for older persons: An institution intended to provide various information and services to older persons related to their hobbies, interests, and social activities, etc., as well as other services necessary for promoting health, preventing diseases, providing guaranteed income, enhancing welfare at home, and promoting welfare for older persons;
2. A center for older persons: Facilities aimed at providing venues for older persons in the neighborhood to promote friendship, enjoy hobbies, operate a group workshop, exchange various information, and participate in different leisure activities;
3. Educational courses for older persons: Facilities that offer educational programs with respect to sound hobbies, health maintenance, income security, and other programs related to the daily lives of older persons, in order to satisfy their desire to take part in social activities.
4. Deleted. <by Act No. 10785, Jun. 7, 2011>
(2) Necessary matters concerning target users of leisure and welfare institutions and procedures for the use thereof shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 37 (Establishment of Leisure and Welfare Institution for Older Persons)
(1) The State or local governments may establish a leisure and welfare institution for older persons.
(2) Where a person, other than the State or local governments, intends to establish leisure and welfare institutions for older persons, he/she shall file a report thereon to the head of a Si/Gun/Gu.
(3) The State or a local government shall develop and distribute a standard model and a program that reflects characteristics of each region and function in order to revitalize centers for older persons. <Newly Inserted by Act No. 10785, Jun. 7, 2011>
(4) Matters necessary for setting out criteria for the establishment, staffing, and operation of leisure and welfare institutions for older persons, and reporting on the establishment thereof, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 37-2 (Subsidization of Expenses Incurred in Purchasing Grain, etc. on Behalf of Centers for Older Persons)
(1) The State or a local government may fully or partially subsidize the expenses incurred in purchasing government-managed grain under the Grain Management Act on behalf of centers for older persons within budgetary limits.
(2) The State or a local government may fully or partially subsidize the heating and cooling expenses at centers for older persons within budgetary limits.
[This Article Newly Inserted by Act No. 11249, Feb. 1, 2012]
 Article 37-3 (Reduction of and Exemption from Public Charges to Centers for Older Persons)
(1) Any electricity supplier prescribed in the Electric Utility Act, any telecommunications business entity under the Telecommunications Business Act, and any urban gas business entity prescribed in the Urban Gas Business Act may grant centers for older persons a reduction of or exemption from utility and telecommunications charges.
(2) Any water service provider (where a water service provider is a local government, it refers to the head of the relevant local government) prescribed in the Water Supply and Waterworks Installation Act may grant centers for older persons a reduction of or exemption from water bills.
[This Article Newly Inserted by Act No. 11249, Feb. 1, 2012]
 Article 38 (Commuting-System Welfare Facility for Older Persons at Home)
(1) "Commuting-system welfare facility for the older persons at home" means an institution intended to provide at least one of the following services:
1. Visiting medical treatment services: Services that ensure healthy and stable lives of older persons in the community by providing various convenient services for older persons, who spend all day at home, suffering from physical and mental illnesses (hereinafter referred to as "older persons at home");
2. Day and night protection services: Services to promote stability in life and the maintenance and improvement of physical and mental functions of the physically and mentally-challenged elderly, or those with disabilities, and to lighten the physical and mental burden of their families by providing various convenient services to older persons who are unable to be protected by their families due to any unavoidable cause by admitting them to protection facilities for a short period of time;
3. Short-term protection services: Services to promote the welfare of older persons and their families by admitting the physically and mentally-challenged elderly or those with disabilities who need temporary protection because they can’t be protected by their families due to any unavoidable cause by admitting them to protection facilities for a short period of time;
4. Visiting bath service: Service visiting older persons at home with bathing equipment to bathe them;
5. Other services: Other services prescribed by Ordinance of the Ministry of Health and Welfare as the ones to be provided for older persons at home.
(2) Necessary matters concerning eligible users of commuting-system welfare facility for older persons at home, bearing of expenses incurred in connection therewith, and procedures for the use thereof, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
 Article 39 (Establishment of Commuting-System Welfare Facility for Older Persons at Home)
(1) The State or local governments may establish commuting-system welfare facilities for older persons at home.
(2) Where persons, other than the State or local governments, intend to establish commuting-system welfare facilities for older persons at home, they shall file a report thereon to the head of a Si/Gun/Gu.
(3) Necessary matters concerning the criteria for the establishment and operation of commuting-system welfare facilities for older persons at home, personnel criteria for those facilities and the report on establishment thereof, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 39-2 (Duties of Caregivers and Issuance, etc., of License thereof)
(1) A person who establishes and operates a welfare institution for older persons shall employ caregivers who perform duties such as providing support for physical activities or household activities of older persons, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) A person who intends to be a caregiver shall finish a curriculum at an institute for caregiver education under Article 39-3 (hereinafter referred to as "institute for caregiver education") and pass a qualifying examination administered by the Mayor/Do Governor. <Amended by Act No. 9964, Jan. 25, 2010>
(3) The Mayor/Do Governor shall issue a license of caregivers to any person who has passed a qualifying examination for caregivers under paragraph (2). <Amended by Act No. 9964, Jan. 25, 2010>
(4) The Mayor/Do Governor may charge fees to a person who intends to apply for a qualifying examination for caregivers, as prescribed in paragraph (2), and a person who has his/her license of caregivers issued or reissued, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 9964, Jan. 25, 2010>
(5) Necessary matters concerning curricula, administration of qualifying examinations, and issuance of a license of caregivers shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9964, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
 Article 39-3 (Designation, etc. of Institute for Caregiver Education)
(1) The Mayor/Do Governor shall designate facilities meeting the designation standards prescribed by Ordinance of the Ministry of Health and Welfare as institutes for caregiver education and operate them to train caregivers. <Amended by Act No. 9964, Jan. 25, 2010>
(2) Where an institute for caregiver education falls under any of the following, the Mayor/Do Governor may order suspension of business or revoke the designation thereof: Provided, That if it falls under subparagraph 1, the designation thereof shall be revoked: <Newly Inserted by Act No. 9964, Jan. 25, 2010>
1. Where it is designated by fraud or other improper means;
2. Where it becomes incompliant with the designation standards referred to in paragraph (1);
3. Where it fails to provide curricula for at least one year;
4. Where it fails to file a report or to submit data under Article 42, or files a false report or submits false data, or it refuses, interferes with, or evades an investigation or inspection without good cause.
(3) The Mayor/Do Governor shall hold a hearing when he/she intends to revoke the designation under paragraph (2). <Newly Inserted by Act No. 9964, Jan. 25, 2010>
(4) Necessary matters concerning procedures for the designation of an institutes for caregiver education under paragraph (1) and detailed standards and procedures for administrative dispositions under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9964, Jan. 25, 2010>
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
 Article 39-4 (Installation, etc. of Emergency Telephone)
(1) The State and local governments shall install emergency telephones so as to prevent any elder abuse and to receive reports at any time.
(2) Matters necessary for installing and operating emergency telephones referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 7152, Jan. 29, 2004]
 Article 39-5 (Establishment of Institutions Specializing in Protecting Older Persons)
(1) The State shall establish and operate a central institution specializing in protecting older persons in charge of the following affairs to establish interconnection among regions and to prevent elder abuse: <Amended by Act No. 13646, Dec. 29, 2015>
1. Policy proposals related to protecting the human rights of older persons;
2. Research on and the development of programs to protect the human rights of older persons;
3. Public relations campaign for the prevention of elder abuse and the production and distribution of educational materials related thereto;
4. The collection and management of performance results related to specialized elderly protection projects and provision of data to outsiders;
5. Management of regional institutions specializing in protecting older persons and offering business support thereto;
6. In-depth education for counselors at regional institutions specializing in protecting older persons;
7. Establishment of a cooperation system among relevant institutions and exchange among them;
8. Operation of the Central Review Committee for Elder Abuse Cases to mediate disputes relating to elder abuse;
9. Other matters prescribed by Presidential Decree for the purpose of protecting older persons.
(2) In order to ensure prompt identification and protection of and medical care, etc. for abused elderly and to prevent elder abuse, specialized regional agencies for the protection of older persons, which are in charge of the following affairs, shall be established in the Special Metropolitan City, Metropolitan Cities, Dos, and a Special Self-governing Province (hereinafter referred to as "City/Do"): <Amended by Act No. 13646, Dec. 29, 2015>
1. The operation of a hotline to report elder abuse and receipt of reports on suspected cases of elder abuse;
2. On-site investigations into suspected cases of elder abuse;
3. Counseling for elder abuse victims and abusers;
4. Counseling for persons who belong to the families of victims of alleged elder abuse and relevant institutions;
5. Keeping and maintaining records following the provision of counseling and other services;
6. Education for prevention of elder abuse intended for the general public;
7. Education for prevention of recurrence intended for the perpetrators of elder abuse;
8. Operating a regional review committee for elder abuse cases and holding internal case meetings to make decisions on elder abuse cases;
9. Other matters prescribed by Ordinance of the Ministry of Health and Welfare for the protection of elder persons.
(3) The Minister of Health and Welfare and the Mayor/Do Governor may designate a nonprofit corporation designed to conduct activities to prevent elder abuse and may entrust such nonprofit corporation with the operations of a specialized central agency for the protection of older persons under paragraph (1) and a specialized regional agency for the protection of older persons under paragraph (2).
(4) Matters necessary for setting out criteria for the establishment and operation of a central institution specializing in protecting older persons under paragraph (1) and matters necessary for setting out criteria for the establishment and operation of a regional institution specializing in protecting older persons under paragraph (2), qualifications required for counselors and criteria for assignment thereof and designation of an entrusted institution under paragraph (3), etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10785, Jun. 7, 2011]
 Article 39-6 (Obligations and Procedures for Reporting Elder Abuse, etc.)
(1) Where anyone has come to know of any instance of elder abuse, he/she may file a report thereon with an institution specializing in protecting older persons or an investigation agency.
(2) Where any of the following persons has learned of a suspected case of elder abuse against any person aged 65 years or older in the course of performing his/her duties, he/she shall immediately file a report thereon with an institution specializing in protecting older persons or an investigative agency: <Amended by Act No. 8367, Apr. 11, 2007; Act No. 10785, Jun. 7, 2011; Act No. 13646, Dec. 29, 2015; Act No. 14320, Dec. 2, 2016; Act No. 14922, Oct. 24, 2017>
1. A health care provider who practices medicine in a medical institution referred to in Article 3 (1) of the Medical Service Act, and the head of the medical institution;
2. A person who engages in services, such as visiting medical treatment, care, or safety confirmation, referred to in Article 27-2; the head of a welfare facility for older persons referred to in Article 31 and persons who work there; and a welfare counselor for older persons referred to in Article 7;
3. A person providing counseling, medical treatment, training or recuperation services for older persons with disabilities at a welfare facility for the disabled under the provisions of Article 58 of the Act on Welfare of Persons with Disabilities;
4. The head of a domestic violence counseling center under Article 5 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims and the head of a shelter for victims of domestic violence and persons who work there under Article 7 of the said Act;
5. A public official dedicated to social welfare under Article 14 of the Social Welfare Services Act, and the head of a social welfare center and the head of a facility for protecting vagabonds and homeless people under Article 34 of the said Act and persons who work there;
6. The head of a long-term care institution under Article 31 of the Act on Long-Term Care Insurance for Older Persons and the head of a long-term care institution that provides home care under Article 32 of the said Act and persons who work there;
7. A paramedic on 119 first aid squad under Article 10 of the Act on 119 Rescue and Emergency Medical Services;
8. The head of a healthy family support center and persons who work there under Article 35 of the Framework Act on Healthy Families;
9. The head of a support center for multicultural families established under Article 12 of the Multicultural Families Support Act, and persons who work there;
10. The head of a counseling center for victims of sexual violence established under Article 10 of the Sexual Violence Prevention and Victims Protection Act; the head of a protection facility for victims of sexual violence established under Article 12 of the same Act; and persons who work there;
11. An emergency medical technician referred to in Article 36 of the Emergency Medical Service Act;
12. A medical technologist referred to in subparagraph 1 of Article 1-2 of the Medical Service Technologists, etc. Act.
(3) Identity of the reporter shall be protected, and shall not be disclosed against his/her will.
(4) The head of a relevant central administrative agency shall include the educational content related to the prevention of elder abuse and obligations to report elder abuse in the qualification course or refresher training course for persons falling under any subparagraph of paragraph (2). <Newly Inserted by Act No. 11513, Oct. 22, 2012>
(5) Matters necessary to establish the content, time and method, etc. of training under paragraph (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 11513, Oct. 22, 2012>
[This Article Newly Inserted by Act No. 7152, Jan. 29, 2004]
 Article 39-7 (Obligations to Take Emergency Measures, etc.)
(1) Any staff member of an institution specializing in protecting older persons or judicial police officer who has received a report on elder abuse under Article 39-6 shall promptly go to the scene of elder abuse. In such cases, the head of an institution specializing in protecting older persons or the head of an investigation agency may request that the relevant staff member or a police officer under his/her control accompany the other party to the scene of the elder abuse, and upon receipt of such request, he/she shall instruct the relevant staff member or a police officer under his/her control to do so. <Amended by Act No. 13102, Jan. 28, 2015>
(2) Where any staff member of an institution specializing in protecting older persons or judicial police officer goes to the scene of the elder abuse pursuant to paragraph (1), he/she may enter the place of such abuse and conduct an investigation into the related persons, or an interrogation thereof, in order to protect the victim. In such cases, the staff member of the institution specializing in protecting older persons may conduct an investigation or interrogation, only for protecting the victim of the relevant elder abuse. <Newly Inserted by Act No. 13102, Jan. 28, 2015>
(3) Where any staff member of an institution specializing in protecting older persons or judicial police officer enters the place of the elder abuse and conducts an investigation or interrogation pursuant to paragraph (2), he/she shall carry an identification indicating his/her authority and present it to the relevant persons. <Newly Inserted by Act No. 13102, Jan. 28, 2015>
(4) Where any staff member of an institution specializing in protecting older persons or judicial police officer conducts an investigation or interrogation pursuant to paragraph (2), he/she shall take necessary measures, such as conducting an investigation at a place in the absence of the relevant elder abuser, so that the victim, reporter, observer, and other relevant persons can state his/her opinions freely. <Newly Inserted by Act No. 13102, Jan. 28, 2015>
(5) A person who has arrived at the scene of abuse pursuant to paragraph (1), shall separate the elder abuse victim from the abuser or shall guide older persons to an institution specializing in protecting older persons or a medical institution where medical treatment is deemed necessary.
(6) No person shall refuse, or interfere with, an on-site investigation conducted by a person who has arrived at the scene of elder abuse, without good cause. <Newly Inserted by Act No. 10785, Jun. 7, 2011; Act No. 13102, Jan. 28, 2015>
(7) Where the head of an institution specializing in protecting older persons established under Article 39-5 requests, in performing his/her duties concerning the protection, treatment, etc. of any elder abuse victim, the State or a local government to cooperate in taking necessary measures, such as inquiring into the identification of the victim, his/her guardian, or his/her abuser, the State or the local government so requested shall actively cooperate therein, except in extenuating circumstances. <Newly Inserted by Act No. 13646, Dec. 29, 2015>
(8) Matters concerning the procedures for requesting inquiries into identification, the scope thereof, etc. referred to in paragraph (7) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13646, Dec. 29, 2015>
[This Article Newly Inserted by Act No. 7152, Jan. 29, 2004]
 Article 39-8 (Appointment, etc. of Assistant)
(1) A legal representative, lineal relative, or sibling of the abused older person, or a counselor or lawyer of an institution specializing in protecting older persons, may become an assistant in a trial of the elder abuse case: Provided, That if such a person is not a lawyer, he/she shall obtain permission from the court.
(2) Where a court interrogates an abused older person as a witness, if there exists a request from the principal, public prosecutor, or an institution specializing in protecting older persons, it may permit a person in a confidential relationship with the principal to sit in company with him/her.
(3) Procedures referred to in paragraphs (1) and (2) shall also apply mutatis mutandis where a criminal investigation agency conducts an investigation of abused older persons.
[This Article Newly Inserted by Act No. 7152, Jan. 29, 2004]
 Article 39-9 (Prohibited Acts)
No one shall commit any of the following acts against any person aged 65 years or older (hereinafter referred to as "older person" in this Article): <Amended by Act No. 14320, Dec. 2, 2016>
1. Acts of inflicting violence or injury on older persons;
2. Acts including sexual violence or harrassment, etc. that give a sense of sexual shame to older persons;
3. Acts of desertion of older persons under his own protection or supervision, or of noninterference neglecting basic needs, including food, clothing and shelter and medical treatment;
4. Acts of making older persons ask for alms, or asking for alms by taking advantage of older persons;
5. Acts of using the money and valuables donated or provided to older persons for a purpose other than their original purpose;
6. Acts of emotional abuse through abusive language, intimidation, threats, etc., which is harmful to the mental health of older persons.
[This Article Newly Inserted by Act No. 7152, Jan. 29, 2004]
 Article 39-10 (Obligations to Report Missing Older Persons and the like)
(1) No one shall keep in custody a missing older person (hereinafter referred to as "missing older person"), who lost touch with a guardian due to an accident, etc., without filing a report thereon to the head of a police station or the head of a local government without good cause. <Amended by Act No. 11854, Jun. 4, 2013>
(2) The head of a welfare institution for older persons under Article 31 (including an institution protecting older persons without authorization and report, etc. as a welfare institution or an institution equivalent thereto under subparagraph 4 of Article 2 of the Social Welfare Services Act; hereinafter referred to as a "protection institution") or its employee shall, when he/she has confirmed the identity of a missing older person in the course of performing his/her duties, immediately fill out an identification card form prescribed by Ordinance of the Ministry for Health and Welfare and submit it to the head of a local government and the head of an agency performing the affairs prescribed in paragraph (3) 2. <Amended by Act No. 10997, Aug. 4, 2011>
(3) The Minister of Health and Welfare shall perform the affairs prescribed in the following for the prevention of such incidents, for the early identification and return of a missing older person. In such cases, the Minister of Health and Welfare may entrust the whole or part of his/her affairs to a juristic person or an organization related to the welfare of older persons:
1. Investigation and research related to missing older persons;
2. Establishment and operation of database on missing older persons;
3. Other matters necessary for protecting and supporting missing older persons.
(4) The Commissioner of the National Police Agency shall take the following steps for the early location and return of missing older persons: <Newly Inserted by Act No. 10785, Jun. 7, 2011; Act No. 11854, Jun. 4, 2013>
1. The establishment and operation of a system for reporting missing older persons;
2. Other matters necessary for locating missing older persons and helping them return;
3. Deleted. <by Act No. 11854, Jun. 4, 2013>
(5) Deleted. <by Act No. 11854, Jun. 4, 2013>
[This Article Newly Inserted by Act No. 8608, Aug. 3, 2007]
 Article 39-11 (Investigations, etc.)
(1) Where deemed necessary, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu may require the related public officials or counselors for welfare of older persons to enter the welfare facility for older persons and the place of domicile and residence of older persons, the employment place of older persons, or the place where a violation of the prohibited acts referred to in Article 39-9 might occur, and to conduct a required investigation into older persons or relevant persons, or an interrogation thereof.
(2) When necessary for finding a missing older person, the Commissioner of the National Policy Agency, the Mayor/Do Governor, or the head of a Si/Gun/Gu may order the head of a protection institution or its employee to file a necessary report or submit necessary data, or have a public official under his/her control enter a protection institution to conduct necessary investigation or inquiry into the relevant person or older persons. <Newly Inserted by Act No. 8608, Aug. 3, 2007>
(3) In cases falling under paragraphs (1) and (2), the related public officials or the counselors for welfare of older persons shall carry an identification indicating their authority as well as a document stating matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the period and scope of investigation, the person in charge of investigation and relevant statutes, and shall present them to older persons or the relevant persons. <Amended by Act No. 8608, Aug. 3, 2007; Act No. 13646, Dec. 29, 2015>
(4) Except as provided for in this Act, matters concerning the procedures and method for conducting investigations or inquiries under paragraph (1) or (2), shall be governed by the Framework Act on Administrative Investigations. <Amended by Act No. 13646, Dec. 29, 2015>
[This Article Newly Inserted by Act No. 7152, Jan. 29, 2004]
 Article 39-12 (Prohibition of Divulgence of Secrets)
No person who is or was engaged in the duties relating to the protection of abused older persons under this Act shall divulge secrets that have come to his/her knowledge in the course of performing his/her duties.
[This Article Newly Inserted by Act No. 7152, Jan. 29, 2004]
 Article 39-13 (Disqualifications for Caregivers)
Any of the following persons shall be disqualified as a caregiver: <Amended by Act No. 13102, Jan. 28, 2015>
1. A mentally incompetent person under subparagraph 1 of Article 3 of the Mental Health Act: Provided, That this shall not apply to a person deemed qualified as a caregiver by a medical specialist;
2. An addict to narcotics, marijuana, or psychotropic drugs;
3. A person under adult guardianship;
4. A person for whom a sentence of imprisonment without labor or greater punishment declared by a court has not been fully executed or exempted;
5. A person whose qualification is suspended or forfeited by a court ruling;
6. A person in whose case one year has not elapsed from the date on which his/her qualification as a caregiver was revoked.
[This Article Newly Inserted by Act No. 9964, Jan. 25, 2010]
 Article 39-14 (Revocation of Qualifications for Caregivers)
(1) Where a caregiver falls under any of the following subparagraphs, the Mayor/Do Governor may revoke his/her qualification: Provided, That if he/she falls under cases referred to in subparagraphs 1 through 3, his/her qualification shall be revoked:
1. Where he/she falls under any subparagraph of Article 39-13;
2. Where he/she received punishment provided for in Articles 55-2 through 55-4, for violations of Article 39-9;
3. Where he/she has obtained a license by fraud or other improper means;
4. Where he/she arranges unnecessary medical treatment services for older persons, etc. or entices them, etc. to get such services or encourages such arrangement or enticement for profit-making purposes;
5. Where he/she lends or transfers his/her license certificate to other persons or forges or falsifies it.
(2) The Mayor/Do Governor shall hold a hearing when he/she intends to revoke the qualification of a caregiver pursuant to paragraph (1).
(3) Necessary matters concerning procedures, etc. for the revocation of qualifications under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 9964, Jan. 25, 2010]
 Article 39-15 (Notification of Elder Abuse, etc.)
(1) Where a judicial police officer finds any reason to suspect that elder abuse has occurred, in the course of performing his/her duties concerning cases of the death of, or injury to any older person, domestic violence, etc., he/she shall notify an institution specializing in protecting older persons of such fact.
(2) Upon receipt of a notification under paragraph (1), the institution specializing in protecting older persons shall take necessary measures, such as protecting the relevant elder abuse victim.
[This Article Newly Inserted by Act No. 13646, Dec. 29, 2015]
 Article 39-16 (Recommendation for Counseling, Education, etc. for Perpetrators of Elder Abuse)
(1) The head of an institution specializing in protecting older persons may recommend that perpetrators of elder abuse receive necessary assistance, such as counseling, education, and psychological treatment. <Amended by Act No. 14596, Mar. 14, 2017>
(2) Where the head of an institution specializing in protecting older persons recommends that a perpetrator of elder abuse receives counseling, education, psychological treatment, etc. pursuant to paragraph (1), the perpetrator shall cooperate in faithfully receiving counseling, education, psychological treatment, etc. <Newly Inserted by Act No. 14596, Mar. 14, 2017>
[This Article Newly Inserted by Act No. 13646, Dec. 29, 2015]
 Article 39-17 (Restrictions, etc. on Employment at Older Person-Related Institutions)
(1) No person for whom a sentence of either punishment or medical treatment and custody was made final and conclusive for committing any crime related to elder abuse (hereinafter referred to as "person with an elder abuse-related criminal history"), shall operate any of the following facilities or institutions (hereinafter referred to as "older person-related institutions"), or work for or provide actual labor to any older person-related institution, for ten years since the execution of such punishment or medical treatment and custody was wholly or partially terminated (including where such execution is deemed terminated) or exempted after such sentence was made conclusive and final: <Amended by Act No. 14224, May 29, 2016>
1. A welfare facility for older persons referred to in Article 31;
2. A long-term care institution referred to in Article 31 of the Act on Long-Term Care Insurance for Older Persons; or a long-term care institution for home care referred to in Article 32 of the same Act;
3. An emergency hotline referred to in Article 4-6 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims; a counseling center related to domestic violence referred to in Article 5 of the same Act; or a shelter for victims of domestic violence referred to in Article 7-2 of the same Act;
4. A healthy home support center established under Article 35 of the Framework Act on Healthy Families;
5. A support center for multicultural families established under Article 12 of the Multicultural Families Support Act;
6. A counseling center for victims of sexual violence established under Article 10 of the Sexual Violence Prevention and Victims Protection Act; a protection facility for victims of sexual violence established under Article 12 of the same Act; or an integrated support center for victims of sexual violence established under Article 18 of the same Act;
7. A medical institution referred to in Article 3 of the Medical Service Act;
8. A welfare facility for persons with disabilities referred to in Article 58 of the Act on Welfare of Persons with Disabilities;
9. A mental health welfare center or mental health improvement facility referred to in Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients.
(2) The head of an administrative agency having jurisdiction over the establishment report on, authorization, permission, etc. for, any older person-related institution specified in any subparagraph of paragraph (1) (hereinafter referred to as the "head of the competent administrative agency" in this Article), shall request the heads of the relevant agencies to inquire into the elder abuse-related criminal history of a person who intends to operate any older person-related institution, after obtaining consent from the relevant person.
(3) The head of an older person-related institution shall verify whether a person currently working for, or providing actual labor to, the institution or a person intending to be employed by, or to provide actual labor to, the institution has any elder abuse-related criminal history. In such cases, he/she shall request the heads of the relevant agencies to inquire into such criminal history, after obtaining consent from the relevant person.
(4) The head of the competent administrative agency shall check and verify, directly or by inquiries with the relevant agencies, etc., whether any person with elder abuse-related criminal history operates any older person-related institution or works for, or provides actual labor to, the institution in violation of paragraph (1).
(5) The head of the competent administrative agency shall require the head of an older person-related institution to close the institution, if it is operated in violation of paragraph (1); and the head of the relevant older person-related institution to dismiss the relevant person, if the person is working for, or providing actual labor to, the institution in violation of paragraph (1).
(6) Where the head of an older person-related institution refuses to comply with a request for closure referred to in paragraph (5) without good cause or fails to do as requested within three months, the head of the competent administrative agency may close the older person-related institution, revoke its permission, authorization, etc. for the institution, or require the head of the relevant administrative agency to do so, as prescribed by Presidential Decree.
(7) Upon receipt of a request for inquiries into elder abuse-related criminal history under paragraph (2) or (3), the heads of the relevant agencies shall comply therewith, except in extenuating circumstances.
(8) Matters concerning the procedures for, and scope of, making inquiries into elder abuse-related criminal history under paragraphs (2) and (3), shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13646, Dec. 29, 2015]
 Article 39-18 (Publication of Violations)
(1) With regard to any facility operated by a corporation, etc. punished under Article 60 for committing any prohibited act specified in Article 39-9, the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu may publicize the relevant violations, details of punishment, name of the corporation or facility, name of the representative, name of the head of the facility (limited to where the head of the facility is not the representative), and any other matters prescribed by Presidential Decree which are necessary to distinguish the relevant facility from other facilities. In such cases, he/she shall take account of the motive, severity, number, results, etc. of the violations, when determining whether to publicize the violations.
(2) Where the head and an employee of a welfare facility for older persons, who were subjected to the disposition under Article 39-14 or punished under Article 55-2, 55-3 (1) 2, or subparagraph 1 of Article 55-4, harm an older person's life or cause serious harm to an older person's body or mental health by committing any prohibited act specified in Article 39-9, the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu may publicize a history of violations they have committed, a list of their names, and any other matters prescribed by Presidential Decree. In such cases, he/she shall take account of the motive, severity, number, results, etc. of the violations, when determining whether to publicize the violations. <Amended by Act No. 14320, Dec. 2, 2016>
(3) Before publicizing any violation under paragraph (1) or (2), the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu shall notify the person subject to publication of such fact to give him/her an opportunity to submit explanatory materials or to attend and state his/her opinion.
(4) The procedures and method for publicizing violations under paragraph (1) or (2) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13646, Dec. 29, 2015]
 Article 39-19 (Establishment of Shelters for Elder Abuse Victims)
(1) The State and a local government may establish and operate a shelter for elder abuse victims (hereinafter referred to as "shelter") in order to protect older persons harmed by elder abuse (hereinafter referred to as "elder abuse victims" in this Article) for a specified period and provide them with mental and physical healing programs.
(2) A shelter shall perform the following duties:
1. Assisting elder abuse victims to live in the shelter, such as protecting and providing them with meals and lodging;
2. Offering healing programs, such as professional psychological counseling to help elder abuse victims recover psychological stability;
3. Providing elder abuse victims with basic medical expenses incurred in treating physical and mental harm caused by abuse;
4. Providing professional counseling services to perpetrators, etc. of elder abuse in order to prevent the reoccurrence of abuse and restore the original family;
5. Any other matters prescribed by Ordinance of the Ministry of Health and Welfare for elder abuse victims who are admitted to or use the shelter.
(3) The State and a local government may entrust the operation of a shelter to an institution specializing in protecting older persons established under Article 39-5 (1) or (2). In such cases, the State and the local government may subsidize expenses incurred in such entrustment.
(4) Matters concerning entrusting the operation of shelters and subsidizing expenses incurred in such entrustment under paragraph (3) shall be prescribed by Presidential Decree.
(5) Matters concerning the establishment standards for, and operation and personnel of, shelters as well as matters concerning persons eligible to be admitted to or use a shelter, the period, procedures, etc. for admission thereto, shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 14596, Mar. 14, 2017]
 Article 40 (Modification, Closure, etc.)
(1) Where a person, who has established a residential welfare facility for older persons under Article 33 (2) or a medical welfare facility for older persons under Article 35 (2), intends to modify matters prescribed by Ordinance of the Ministry of Health and Welfare from among reported details with respect to the establishment, or to close down or suspend such facility, he/she shall file a report thereon in advance to the head of a Si/Gun/Gu in accordance with Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 7452, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10785, Jun. 7, 2011>
(2) Deleted. <by Act No. 10785, Jun. 7, 2011>
(3) Where a person who has established a leisure and welfare institution for older persons under Article 37 (2) or a commuting-system welfare facility for older persons at home under Article 39 (2) intends to modify matters prescribed by Ordinance of the Ministry of Health and Welfare or to close down or suspend such facility, he/she shall file a report thereon in advance to the head of a Si/Gun/Gu in accordance with Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) Deleted. <by Act No. 9964, Jan. 25, 2010>
(5) Where the head of a residential welfare facility for older persons, the head of a medical welfare facility for older persons, the head of a leisure and welfare institution for older persons, or the head of a commuting-system welfare facility for older persons at home closes or suspends the relevant facility, he/she shall take measures to protect the rights and interests of users of the facility, such as formulating and implementing an action plan to enable them to use other facilities, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13646, Dec. 29, 2015>
(6) Upon receipt of a report on closure or suspension of a welfare facility for older persons under paragraph (1) or (3), the head of a Si/Gun/Gu shall take measures prescribed by Ordinance of the Ministry of Health and Welfare, such as verifying whether the head of the facility has taken measures to protect the rights and interests of users of the facility under paragraph (5). <Newly Inserted by Act No. 13646, Dec. 29, 2015>
 Article 41 (Obligations to Accept Entrustment)
Where welfare services agencies entrust the admission of older persons into a facility or a funeral of older persons to a person who establishes and operates an institution for older persons, a communal living home for older persons, and a welfare house for older persons under Article 32 (1) or a sanatorium for older persons and a medical treatment and communal living home for older persons under Article 34 (1) or a commuting-system welfare facility for older persons at home under Article 38 (1), pursuant to Article 28 (1) 2 and 3, or paragraph (2) or (3) of said Article, he/she shall not refuse such entrustment without good cause. <Amended by Act No. 8608, Aug. 3, 2007>
 Article 42 (Supervision)
(1) Welfare services agencies may require a person, who establishes and operates welfare facilities for older persons under Article 31 or an institute for caregiver education under Article 39-3 (1), to file a necessary report on such facilities or the services concerned, or require a related public official to investigate the operating status thereof or to inspect books and other relevant documents. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007>
(2) A person, who establishes and operates welfare facilities for older persons under Article 31, shall submit the data on annual status of inmates or users thereof to welfare services agencies, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) A person conducting an investigation and inspection under paragraph (1) shall carry an identification indicating his/her authority and present it to the related persons.
 Article 43 (Suspension, etc. of Services)
(1) Where a residential welfare facility for older persons, a medical welfare facility for older persons, or an agency helping older persons land a job under Article 23-2 (1) 2 falls under any of the following, the Mayor/Do Governor or the head of a Si/Gun/Gu may order the suspension or closure of its services for a maximum period of one month: <Amended by Act No. 5851, Feb. 8, 1999; Act No. 7452, Mar. 31, 2005; Act No. 8608, Aug. 3, 2007; Act No. 9964, Jan. 25, 2010; Act No. 11854, Jun. 4, 2013; Act No. 12066, Aug. 13, 2013>
1. Where it falls short of criteria for facilities, etc. under Articles 23-2 (4), 33 (3), or 35 (3);
2. Where it refuses to accept an entrustment task in violation of Article 41;
3. Where it fails to file a report or to submit data under Article 42, files a false report or submits false data, or refuses, obstructs, or evades an investigation or inspection, without good cause;
4. Where it violates Article 46 (5);
5. Deleted. <by Act No. 8608, Aug. 3, 2007>
(2) Where a leisure welfare facility for older persons or a commuting-system welfare facility for older persons at home falls under any of the following, the head of a Si/Gun/Gu may order the suspension or closure of its services for a maximum period of one month: <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007; Act No. 12066, Aug. 13, 2013>
1. Where it fails to satisfy the criteria prescribed in Article 37 (3) or 39 (3);
2. Where it (limited to a commuting-system welfare facility for older persons at home) refuses to conduct entrusted affairs, in violation of Article 41;
3. Where it fails to file a report or to submit data under Article 42, files a false report or submits false data, or refuses, obstructs, or evades an investigation or inspection, without good cause;
4. Where it violates Article 46 (7);
5. Deleted. <by Act No. 8608, Aug. 3, 2007>
(3) Where a residential welfare facility for older persons or a medical welfare facility for older persons suspends or closes its services pursuant to paragraph (1), or where a leisure and welfare institution for older persons or a commuting-system welfare facility for older persons at home suspends or closes its services pursuant to paragraph (2), the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu shall take necessary measures to protect the rights and interests of users of the relevant facility, such as transferring users of the facility to any other facility. <Newly Inserted by Act No. 13646, Dec. 29, 2015>
(4) The detailed criteria for administrative disposition provided for in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare in consideration of the gravity of violations, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 44 (Hearings)
Where the head of a Si/Gun/Gu intends to order discontinuance of services prescribed in Article 43, he/she shall hold a hearing. <Amended by Act No. 7452, Mar. 31, 2005>
CHAPTER V EXPENSES
 Article 45 (Allocation of Expenses)
(1) Deleted. <by Act No. 8385, Apr. 25, 2007>
(2) Any of the following expenses shall be borne by the State or local governments, as prescribed by Presidential Decree: <Amended by Act No. 7585, Jul. 13, 2005; Act No. 10563, Apr. 7, 2011>
1. Expenses incurred in establishing, operating, or entrusting a dedicated elderly employment agency in accordance with Article 23-2 (2);
2. Expenses incurred in conducting medical examinations, etc. under Articles 27 and 28 and in making dispositions, such as consultation and admission;
3. Expenses incurred in establishing and operating welfare facilities for older persons under Articles 33 (1), 35 (1), 37 (1), and 39 (1).
 Article 46 (Collecting and Requesting Expenses)
(1) A welfare services agency that has defrayed expenses for welfare measures prescribed in Articles 27 and 28 may collect or request the whole or part of the expenses defrayed, as prescribed by Presidential Decree, from the relevant older person or the person who is under duty to support him/her.
(2) Where a person who is not responsible for providing support offers the level of protection that corresponds to welfare measures prescribed in Article 28, he/she shall, without delay, inform the person who is under duty to support or the welfare services agency of such fact.
(3) A person who has offered protection under paragraph (2) may request all or part of the expenses for the protection from a person who is under duty to support.
(4) Necessary matters concerning the request, etc. for expenses defrayed under paragraph (1) or (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(5) If a person who has established an institution for older persons, a communal living home for older persons, and a welfare house for older persons under Article 32 (1), or a sanatorium for older persons and a medical treatment and communal living home for older persons under Article 34 (1), intends to collect expenses from persons, other than recipients of livelihood benefits referred to in Article 7 (1) 1 of the National Basic Living Security Act or recipients of medical benefits referred to in Article 7 (1) 3 of the same Act, who are admitted to or who access such facilities, he/she shall report thereon to the head of a Si/Gun/Gu: Provided, That where he/she collects expenses within the collection limit prescribed by Ordinance of the Ministry of Health and Welfare, this shall not apply. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 7452, Mar. 31, 2005; Act No. 8608, Aug. 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 13646, Dec. 29, 2015>
(6) Deleted. <by Act No. 5851, Feb. 8, 1999>
(7) If a person, who has established a leisure and welfare institution for older persons under Article 36 (1) or commuting-system welfare facility for older persons at home under Article 38 (1), or who provides conveniences thereof, intends to collect expenses incurred therein from the person who uses such facilities, he/she shall report, in advance, to the head of a Si/Gun/Gu.
 Article 47 (Subsidization of Expenses)
The State or local governments may subsidize expenses incurred in establishing and operating welfare facilities for older persons as prescribed by Presidential Decree.
 Article 48 (Disposition of Articles Left)
The head of a welfare services agency or welfare facility for older persons may, when holding a funeral prescribed in Article 28 (3), use the money or securities left behind by the departed to cover funeral expenses, and where there is not enough money to cover such expenses, may dispose of articles left behind to help pay for the funeral.
 Article 49 (Tax Reduction and Exemption)
With regard to the buildings and lands, etc. used for older persons by welfare facilities under Article 31, the reduction of and exemption from taxes and other public charges may be granted pursuant to the provisions of the relevant statutes, such as the Act on Regulation of Tax Reduction and Exemption. <Amended by Act No. 8385, Apr. 25, 2007>
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 50 (Filing Objections)
(1) If an older person or a person who is under duty to support has an objection to any welfare measure taken under this Act, he/she may file an objection with the relevant welfare services agency. <Amended by Act No. 14922, Oct. 24, 2017>
(2) The objection referred to in paragraph (1) shall be filed in writing within 90 days from the date the relevant person recognizes the welfare measure in question: Provided, That where the person proves that he/she was unable to file an objection within the period on justifiable grounds, he/she may file an objection within 60 days from the date the grounds cease to exist. <Newly Inserted by Act No. 14922, Oct. 24, 2017>
(3) Upon receipt of an objection under paragraph (1), the welfare services agency shall conduct a review and make a decision regarding the matter and notify the requesting person of the results within 30 days after receipt of such objection. <Amended by Act No. 14922, Oct. 24, 2017>
(4) Any person, who is dissatisfied with the review and decision under paragraph (3), may raise an administrative appeal within 90 days after he/she receives such notification. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 14922, Oct. 24, 2017>
(5) Where no agreement is reached between a person who offered protection and a person who is under duty to support with respect to protection expenses to be borne by the person who is under duty to support under Article 46 (3), where the head of a Si/Gun/Gu receives a request for coordination from the interested parties, he/she may coordinate this case. <Amended by Act No. 7152, Jan. 29, 2004>
(6) Where the head of a Si/Gun/Gu deems it necessary for the coordination under paragraph (5), he/she may request the person who is under duty to support to submit the data on income, property, etc. <Amended by Act No. 14922, Oct. 24, 2017>
 Article 51 (Honorary Adviser for Welfare for Older Persons)
(1) The welfare services agencies may commission honorary advisers for welfare for older persons to protect older persons admitted to an institution for older persons, a communal living home for older persons, a welfare house for older persons, a sanatorium for older persons, and a medical treatment and communal living home for older persons. <Amended by Act No. 8608, Aug. 3, 2007>
(2) The method of commissioning, the scope of activities of the honorary advisers for welfare for older persons and other necessary matters shall be determined by Presidential Decree.
 Article 52 Deleted. <by Act No. 5851, Feb. 8, 1999>
 Article 53 (Delegation and Entrustment of Authority)
(1) The Minister of Health and Welfare or Mayor/Do Governor may delegate part of his/her authority granted under this Act to the Mayor/Do Governor or the head of a Si/Gun/Gu, respectively, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) The Minister of Health and Welfare, Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust part of his/her authority granted under this Act to a juristic person or corporation, respectively, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 54 (Lending, etc. of State or Public Properties)
Where deemed necessary to foster research facilities or projects related to the health and welfare of older persons, the State or local governments may have the State or public properties gratuitously lent or used to make profits free of charge, notwithstanding the provisions of the State Property Act or the Local Finance Act.
 Article 55 (Special Cases concerning the Building Act)
(1) Any commuting-system welfare facility for older persons at home, a communal living home for older persons and medical treatment and a communal living home for older persons prescribed in this Act may be established in a detached house or in a multi-family house, notwithstanding the provisions of Article 19 of the Building Act. <Amended by Act No. 8608, Aug. 3, 2007; Act No. 8974, Mar. 21, 2008>
(2) The purpose of a building for a welfare house for older persons under this Act shall be deemed an institution for older persons and infants, notwithstanding the provisions of other statutes related to building. <Newly Inserted by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007>
CHAPTER VII PENALTY PROVISIONS
 Article 55-2 (Penalty Provisions)
Any person who has committed any act falling under subparagraph 1 of Article 39-9 (limited to the injury) shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won. <Amended by Act No. 14320, Dec. 2, 2016>
[This Article Newly Inserted by Act No. 7152, Jan. 29, 2004]
 Article 55-3 (Penalty Provisions)
(1) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 14320, Dec. 2, 2016>
1. A person who hinders any staff member of an institution specializing in protection of older persons from conducting business under Article 39-7 (2) or (5), by assaulting or intimidating him/her or by using a deceptive scheme or exerting power;
2. A person who commits any act specified in subparagraphs 1 (limited to violence only) through 4 of Article 39-9 or subparagraph 6 of the same Article.
(2) Deleted. <by Act No. 14320, Dec. 2, 2016>
(3) Any person who, by showing a power of an organization or multitude or by carrying dangerous articles, commits any crime specified in paragraph (1) 1, resulting in the injury of any staff member of an institution specializing in protecting older persons, shall be punished by imprisonment for a limited term of at least three years. Any person who commits such crime, resulting in the death of any person, shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for at least five years. <Amended by Act No. 14320, Dec. 2, 2016>
[This Article Wholly Amended by Act No. 13646, Dec. 29, 2015]
 Article 55-4 (Penalty Provisions)
Any of the following persons 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. 14320, Dec. 2, 2016>
1. A person who has committed an act falling under subparagraph 5 of Article 39-9;
1-2. A person who keeps in custody of a missing older person without good cause, without filing a report thereon, in violation of Article 39-10 (1);
2. A person who has refused or obstructed access or investigation by the public official concerned under Article 39-11 (2) by using a deceptive scheme or exerting influence.
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
 Article 56 (Penalty Provisions)
(1) A person who has leased a welfare house for older persons to a person disqualified for admission in violation of Article 33-2 (2) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding the amount of money calculated by multiplying the number of households illegally leased by ten million won. <Amended by Act No. 13102, Jan. 28, 2015>
(2) Deleted. <by Act No. 13102, Jan. 28, 2015>
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
 Article 56-2 Deleted. <by Act No. 14320, Dec. 2, 2016>
 Article 57 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
1. A person who establishes or operates an institution for older persons, a communal living home for older persons, a welfare house for older persons, a sanatorium for older persons, a medical treatment and communal living home for older persons, a leisure and welfare institution for older persons, or a commuting-system welfare facility for older persons at home, without filing a report thereon under Article 33 (2), 35 (2), 37 (2), or 39 (2);
2. A person who subleases a residential institution for older persons to any unqualified person, in violation of Article 33-2 (3);
3. A person who establishes or operates an institute for caregiver education, without obtaining a designation under Article 39-3 (1);
4. A person who violates his/her duty to protect the identity of a reporter and not to disclose his/her identity under Article 39-6 (3);
5. A person who divulges any confidential information learned in the course of performing his/her duties, in violation of Article 39-12;
6. A person who fails to take measures to protect the rights and interests of users of the relevant facility under Article 40 (5), without just cause.
[This Article Wholly Amended by Act No. 14320, Dec. 2, 2016]
 Article 58 Deleted. <by Act No. 8385, Apr. 25, 2007>
 Article 59 (Penalty Provisions)
A person who has refused to accept an entrusted task, in violation of Article 41, shall be subject to a fine not exceeding 500 thousand won. <Amended by Act No. 8608, Aug. 3, 2007>
1. and 2. Deleted. <by Act No. 8608, Aug. 3, 2007>
 Article 59-2 (Aggravated Punishment)
Where any habitual offender or any worker of a welfare facility for older persons referred to in Article 31 commits any crime specified in Article 55-2, 55-3 (1) 2, or subparagraph 1 of Article 55-4, he/she shall be aggravatingly punished by up to 1/2 of the punishment of the relevant crime. <Amended by Act No. 14320, Dec. 2, 2016>
[This Article Newly Inserted by Act No. 13646, Dec. 29, 2015]
 Article 60 (Joint Penalty Provisions)
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation referred to in Article 55-2, 55-3, subparagraph 1-2 of Article 55-4, 56, 57 (excluding subparagraph 2 of the same Article), or 59 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed in that Article: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. <Amended by Act No. 13102, Jan. 28, 2015; Act No. 14320, Dec. 2, 2016>
[This Article Wholly Amended by Act No. 9964, Jan. 25, 2010]
 Article 61 Deleted. <by Act No. 8385, Apr. 25, 2007>
 Article 61-2 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 13646, Dec. 29, 2015>
1. A person who fails to file a report or submit data or files a false report or false data, in violation of an order issued under Article 39-11 (2);
2. A person who fails to file a report on elder abuse, in violation of Article 39-6 (2).
(2) Deleted. <by Act No. 13646, Dec. 29, 2015>
(3) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended by Act No. 10785, Jun. 7, 2011; Act No. 13102, Jan. 28, 2015>
1. Deleted; <by Act No. 13646, Dec. 29, 2015>
2. A person who has failed to submit an identification card, in violation of Article 39-10 (2);
3. A person who has shut down or suspended a welfare institution for older persons without filing a report, in violation of Article 40.
(4) An administrative fine referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Health and Welfare, the Mayor/Do governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 11513, Oct. 22, 2012>
(5) and (6) Deleted. <by Act No. 11513, Oct. 22, 2012>
[This Article Newly Inserted by Act No. 8608, Aug. 3, 2007]
 Article 62 Deleted. <by Act No. 13102, Jan. 28, 2015>
ADDENDA
(1) (Enforcement Date) This Act shall enter into force nine months after the date of its promulgation: Provided, That the amended provisions of Chapter II (Articles 9 through 22) shall enter into force on July 1, 1998.
(2) (Transitional Measures concerning Elderly Allowance) Elderly allowance under Article 13 of the previous Welfare of Older Persons Act as at the time when this Act enters into force shall be paid till June 30, 1998.
(3) (Transitional Measures concerning Welfare Facilities for Older Persons) Welfare facilities established by the previous provisions as at the time this Act enters into force shall be regarded as having been established by this Act.
(4) (Relationship to other Statutes) Where other statutes cite the provisions of the Welfare of Older Persons Act as at the time this Act enters into force, the relevant provisions of this Act shall be regarded as being cited when there are provisions related thereto in this Act.
ADDENDA <Act No. 5851, Feb. 8, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 39-2, 39-3, 40, 42 and 43 and the proviso to Article 46 (5), and Articles 52 and 57 shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Recognition of Qualifications of Recipients of Old-Age Pension) With respect to a person who is determined to be a qualified recipient under previous provisions as at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 9 (1) 2.
(3) (Transitional Measures concerning Educational Institution for Home Service
Personnel) The educational institution for home service personnel which is
designated under previous provisions as at the time this Act enters into force shall be deemed reported under the amended provisions of Article 39-3 (1).
(4) (Transitional Measures concerning Approval of Collection of Expenses for Welfare Facilities for Older Persons) An approval of collection of the expenses which is granted by the Mayor/Do governor under previous provisions as at the time this Act enters into force shall be deemed a report on the collection of expenses under the amended provisions of Article 46 (5).
ADDENDA <Act No. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6916, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 7152, Jan. 29, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7452, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (General Transitional Measures concerning Administrative Dispositions, etc.)
(1) The dispositions taken by the administrative institutions under the previous provisions of Articles 43 (1) and 44 as at the time this Act enters into force shall be deemed to have been taken by the administrative institutions under the amended provisions of this Act.
(2) The reports filed to the administrative institutions under the previous provisions of Articles 33 (2), 35 (2), 39-3 (1), 40 (1) and (4), and 46 (5) (main sentence) as at the time this Act enters into force shall be deemed to have been filed to the administrative institutions under the amended provisions of this Act.
ADDENDUM <Act No. 7585, Jul. 13, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8200, Jan. 3, 2007>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Fact-Finding Surveys on Current Status of Older Persons) The first fact-finding survey on the current status of older persons under the amended provisions of Article 5 shall be conducted in 2008.
ADDENDA <Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA <Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8385, Apr. 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8608, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 32, 34, and 38 shall enter into force eight months after the date of its promulgation, and the amended provisions of Articles 39-2 and 39-3 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Restrictions on Supply of Welfare House for Older Persons)
The amended provisions of Article 33-2 (5) shall apply, beginning with the first welfare house for older persons which submits an application for approval of a project plan pursuant to Article 16 of the Housing Act after this Act enters into force.
Article 3 (Applicability to Order to Dispose of Welfare House for Older Persons and Charge for Compelling Performance)
The amended provisions of Articles 33-3 and 62 shall apply, beginning with the first person to whom a welfare house for older persons has been sold or transferred after this Act enters into force.
Article 4 (Transitional Measures concerning Institution for Older Persons)
An institution for older persons, an institution for older persons at cost, and a premium institution for older persons established pursuant to the previous provisions as at the time this Act enters into force shall be deemed to be an institution for older persons under the amended provisions of Article 32 (1) 1, a welfare house for older persons at cost and a premium welfare house for older persons to be a welfare house for older persons under Article 32 (1) 3, a sanatorium for older persons, a sanatorium for older persons at cost, a premium sanatorium for older persons, a specialized sanatorium for older persons, and a specialized premium sanatorium for older persons under the amended provisions of Article 34 (1) 1, an institution sending home service workers, a daytime protection institution, and a short-term protection institution to be a commuting-system welfare facility for older persons at home under the amended provisions of Article 38 (1), respectively.
Article 4-2 (Special Cases concerning Transfer, etc. of Welfare House for Older Persons)
A welfare house for older persons for which permission has been obtained under the Building Act or a project plan has been approved under the Housing Act before August 4, 2008, may be transferred (including purchase and sale, donation, or all the other acts accompanied by a change of ownership) or leased to a person not qualified for admission, notwithstanding the amended provisions of paragraph (3) and the proviso to paragraph (4) of Article 33-2.
[This Article Newly Inserted by Act No. 10509, Mar. 30, 2011]
Article 4-3 (Special Cases concerning Qualifications for Admission to Welfare House for Older Persons)
A person under 60 years of age not qualified for admission may be admitted into a welfare house for older persons for which permission has been obtained under the Building Act or a project plan has been approved under the Housing Act before August 4 in 2008, notwithstanding the amended provisions of Article 33-2 (1).
[This Article Newly Inserted by Act No. 10509, Mar. 30, 2011]
Article 5 (Transitional Measures concerning Welfare Hall for Older Persons)
A welfare hall for older persons established pursuant to the previous provisions as at the time this Act enters into force shall be deemed to be a welfare hall under the amended provisions of Article 36 (1).
Article 6 (Transitional Measures concerning Educational Institution for Home Service Workers)
An educational institution for home service workers established pursuant to the previous provisions as at the time this Act enters into force may provide education for medical treatment and protection workers for up to one year after this Act enters into force.
Article 7 (Transitional Measures concerning Medical Treatment and Protection Workers)
A person who is working as a life guidance counselor or a home service worker in a welfare institution for older persons pursuant to the previous provisons as at the time this Act enters into force may perform affairs of a medical treatment and protection worker under the amended provisions of Article 39-2 (1) for up to two years after this Act enters into force.
Article 8 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall apply to the imposition of penalty provisions and administrative fines for acts committed before this Act enters into force.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 9386, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9964, Jan. 25, 2010>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures concerning Persons who has Finished Curricula at Institutes for Caregiver Education) Pursuant to the previous provisions, the Mayor/Do Governor shall issue a license for a caregiver to a person who has finished curricula at an institute for caregiver education under the previous provisions as at the time this Act enters into force, notwithstanding the amended provisions of Article 39-2 (2).
(3) (Transitional Measures concerning Persons who has Acquired Qualification as Caregivers) A person who has acquired a license for a Grade 1 or Grade 2 caregiver under the previous provisions as at the time this Act enters into force shall be deemed to have acquired a license for a caregiver, notwithstanding the amended provisions of Article 39-2 (2). In such cases, a person who has acquired a license for a Grade 2 caregiver shall be limited to those who have finished curricula determined by the Minister of Health and Welfare.
(4) (Transitional Measures concerning Institutes for Caregiver Education) An institute for caregiver education reported under the previous provisions as at the time this Act enters into force shall be deemed to have been designated as an institute for caregiver education under the amended provisions of Article 39-3 (1): Provided, That such institution shall meet the designation standards under the amended provisions of Article 39-3 (1) within six months from the date on which this Act enters into force.
ADDENDUM <Act No. 10509, Mar. 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10563, Apr. 7, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Dedicated Elderly Employment Agencies) A dedicated elderly employment agency under the previous provisions as at the time this Act enters into force shall be deemed a dedicated elderly employment agency referred it on the amended provisions of Article 23-2 (2).
ADDENDA <Act No. 10785, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Geriatric Hospitals)
Notwithstanding the amended provisions of Article 34 (1), the previous provisions shall apply to geriatric hospitals (including hospitals that have obtained a building permit as a geriatric hospital and are being built) that were granted permits in accordance with the previous provisions as at the time this Act enters into force.
Article 3 (Transitional Measures concerning Recreation Centers for Older Persons)
Notwithstanding the amended provisions of Article 36 (1), the previous provisions shall apply to recreation centers for older persons (including recreation centers that have obtained a building permit as a recreation center for older persons and are currently under construction) reported in accordance with the previous provisions as at the time this Act enters into force.
Article 4 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.
ADDENDA <Act No. 11013, Aug. 4, 2011>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) and (3) Omitted.
ADDENDUM <Act No. 11249, Feb. 1, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11513, Oct. 22, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11854, Jun. 4, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12066, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Suspension of Services)
The amended provisions of Article 43 shall also apply where the administrative disposition is taken for an offense committed before this Act enters into force.
ADDENDA <Act No. 13102, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 5 (2), 24 (2) 4-2, and 33-2 (1), subparagraph 3 of Article 39-13, and Articles 56 (2) and 60 shall enter into force on the date of its promulgation, and the amended provisions of Articles 39-7 and 61-2 (3) 1 shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Welfare House for Older Persons for Sale)
Notwithstanding the amended provisions of Articles 32 (1) 3 and (2), 33-2 (2) through (4), 33-3, 56 (1), 56-2, and 62, the previous provisions shall apply to a welfare house for older persons for which permission has been obtained pursuant to the Building Act or a project plan has been approved pursuant to the Housing Act before this Act enters into force.
Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 3 of Article 39-13, the previous provisions shall apply to persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13474, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 36 Omitted.
ADDENDA <Act No. 13646, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 39-5 (1) and (2) and 39-16 shall enter into force on the date of its promulgation; the amended provisions of Articles 39-11, 39-15, 40 (5) and (6), 43 (3), and 57 (2) 3 shall enter into force six months after the date of its promulgation; and the amended provisions of Article 46 (5) shall enter into force on January 1, 2016.
Article 2 (Applicability to Obligations to Report Elder Abuse)
The amended provisions of Article 39-6 (2) shall begin to apply from the elder abuse that first occurs after this Act enters into force.
Article 3 (Applicability to Publication of Violations)
The amended provisions of Article 39-18 shall begin to apply from the first violation committed after this Act enters into force.
Article 4 (Applicability to Measures to Protect Rights and Interests of Users)
The amended provisions of Articles 40 (5) and (6) and 43 (3) shall begin to apply from the first welfare facility for older persons that is closed or suspended or that receives an order to close or suspend its services, after the same amended provisions enter into force.
Article 5 (Transitional Measures concerning Restrictions, etc. on Employment)
(1) Where any person operating an older person-related institution, as at the time this Act enters into force, falls under the amended provisions of Article 39-17 (1) for an act committed before this Act enters into force, the same amended provisions shall not apply to such person until he/she operates such institution.
(2) Where any person working for, or providing actual labor to, an older person-related institution, as at the time this Act enters into force, falls under the amended provisions of Article 39-17 (1) for an act committed before this Act enters into force, the same amended provisions shall not apply to such person until he/she terminates employment at, or the provision of actual labor to, such institution.
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.
ADDENDA <Act No. 14320, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Prohibited Acts)
The amended provisions of subparagraph 6 of Article 39-9 shall begin to apply from emotional abuse that first occurs after this Act enters into force.
ADDENDA <Act No. 14596, Mar. 14, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Shelters for Elder Abuse Victims)
Any shelter for temporarily protecting elder abuse victims that a regional institution specializing in protecting older persons is operating after obtaining designation, etc. from the competent local government as at the time this Act enters into force, shall be deemed a shelter the operation of which has been entrusted under the amended provisions of Article 39-19 (3): Provided, That the relevant regional institution specializing in protecting older persons shall be re-entrusted with the operation of the shelter within one year after this Act enters into force under the amended provisions of Article 39-19.
ADDENDUM <Act No. 14922, Oct. 24, 2017>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 50 shall enter into force three months after the date of its promulgation.