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ENFORCEMENT DECREE OF THE SOCIAL WELFARE SERVICES ACT

Wholly Amended by Presidential Decree No. 15839, Jul. 16, 1998

Amended by Presidential Decree No. 16589, Oct. 30, 1999

Presidential Decree No. 16903, Jul. 10, 2000

Presidential Decree No. 17814, Dec. 26, 2002

Presidential Decree No. 18501, Jul. 30, 2004

Presidential Decree No. 18553, Sep. 23, 2004

Presidential Decree No. 20356, Oct. 31, 2007

Presidential Decree No. 20679, Feb. 29, 2008

Presidential Decree No. 21093, Oct. 28, 2008

Presidential Decree No. 21864, Nov. 30, 2009

Presidential Decree No. 22075, Mar. 15, 2010

Presidential Decree No. 22568, Dec. 29, 2010

Presidential Decree No. 22924, May 12, 2011

Presidential Decree No. 23356, Dec. 8, 2011

Presidential Decree No. 23488, Jan. 6, 2012

Presidential Decree No. 23759, May 1, 2012

Presidential Decree No. 24020, Aug. 3, 2012

Presidential Decree No. 25050, Dec. 30, 2013

Presidential Decree No. 25532, Aug. 6, 2014

Presidential Decree No. 25856, Dec. 16, 2014

Presidential Decree No. 25918, Dec. 30, 2014

Presidential Decree No. 26364, jun. 30, 2015

Presidential Decree No. 27437, Aug. 3, 2016

Presidential Decree No. 28074, May 29, 2017

Presidential Decree No. 28586, Jan. 16, 2018

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Social Welfare Services Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 21093, Oct. 28, 2008>
 Article 1-2 (Establishment and Operation, etc. of Exclusive Organization)
(1) The articles of association of the exclusive organization (hereinafter referred to as “exclusive organization”) pursuant to Article 6-3 (1) of the Social Welfare Services Act (hereinafter referred to as the "Act") shall include the following matters:
1. Name and objectives;
2. Matters regarding the principal office and branch office;
3. Matters regarding the executives and staff;
4. Matters regarding the board of directors;
5. Matters regarding the property and accounting;
6. Matters regarding the budget and settlement of account;
7. Matters regarding amendments to the articles of association;
8. Matters regarding enactment and amendment of by-laws.
(2) Exclusive organization shall perform the following affairs: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22924, May 12, 2011>
1. Matters regarding building, maintaining, improving the function of and managing, etc. the information system pursuant to Article 6-2 (2) of the Act;
2. Management, process and provision of a local government of the information collected pursuant to Article 6-2 (3) of the Act;
3. Electronic support for the investigation pursuant to Article 33 (1) through (3) of the Act;
4. Matters regarding the operation of information system necessary for the use, issuance and settlement, etc. of welfare service vouchers pursuant to Article 33-7 (2) of the Act;
5. Support for digitization of social welfare foundation and social welfare facility;
6. Production, analysis and provision of policy information and statistic information necessary for the operation of social welfare services;
7. Matters regarding the operation of the nationwide internet portal related to social welfare;
8. Affairs entrusted by the Minister of Health and Welfare pursuant to Article 25 (2);
9. Other services entrusted by the Minister of Health and Welfare, a national institution or local government pursuant to other Acts or subordinate statutes.
(3) The head of any exclusive organization shall submit the business plan, and the statement of business performance of the year of the relevant business, and budget and settlement account regarding the affairs pursuant to paragraph (2) to the Minister of Health and Welfare until the following deadlines: <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
1. Business plan and budget of the year of the relevant business: before the beginning of the relevant business year;
2. Business performance and closing account of the year of the relevant business: until the late February of the next business year.
(4) The Minister of Health and Welfare shall guide and supervise necessary matters for the affairs, accounting and property of the exclusive organization. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Wholly Amended by Presidential Decree No. 21864, Nov. 30, 2009]
 Article 2 (Standards, Etc. for Qualification by Grade of Social Workers)
(1) The standards for qualification by grade of social workers pursuant to Article 11 (2) of the Act shall be as prescribed in attached Table 1. <Amended by Presidential Decree No. 16589, Oct. 30, 1999>
(2) Any person who intends to obtain a social worker certificate shall submit an application for issuance of social worker certificate to the Minister of Health and Welfare prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012>
 Article 3 (Administration, etc. of State Examination)
(1) The Minister of Health and Welfare shall administer the State examinations of social workers of grade 1 pursuant to Article 12 of the Act (hereinafter referred to as “examination”) at least once a year. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(2) The Minister of Health and Welfare shall designate the relevant specialized institution falling under any of the following as an institution for administration of examinations and entrust the administration of examinations: <Amended by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20356, Oct. 31, 2007; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. Non-profit corporations that have specialized ability regarding examination, through survey, research, etc. on examination;
2. Non-profit corporations that have specialized knowledge and skills in social welfare;
3. The Human Resources and Development of Korea pursuant to the Human Resources Development Service of Korea Act.
(3) When the head of institutions for administration of examinations intends to administer the examination pursuant to paragraph (1), he/she shall obtain an approval from the Minister of Health and Welfare in advance and publicly announce the date, venue and subject of the examination, and the period for submitting an application form, standards of returning an application fee, and other necessary matters no later than 90 days before the examination day. In such cases, the standards for returning an application fee shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 21864, Nov. 30, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23759, May 1, 2012>
(4) The examination shall be administered by a written examination and the subjects of examination shall be as listed in attached Table 2.
(5) In determining pass of the examination, applicants who obtain more than 40 percent of points of every subject and more than 60 percent of total points of all subjects shall pass the examination.
 Article 4 (Qualification for Application for Examination and Administration of Examination)
(1) Qualifications for application for the examinations pursuant to Article 12 (4) of the Act shall be prescribed by the attached Table 3.
(2) Any person who intends to apply for the examination shall submit a written application prescribed by the head of an institution for administration of examination to the head of an institution for administration of examination (including a submission by electronic documents). <Newly Inserted by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20506, Dec. 31, 2007>
(3) Where the head of an institution for administration of examination administers the examination, he/she shall determine and announce the applicants who passed the examination and notify the Minister of Health and Welfare and the Korea Association of Social Workers under Article 46 of the Act (hereinafter referred to as “association”) of the following matters regarding the persons who passed the examination: <Newly Inserted by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. Name and address;
2. Passing number and date of examination.
 Article 5 (Examiner)
(1) Where the head of an institution for administration of examination intends to administer the examination, he/she shall appoint an examiner for each examination subject among persons with specialized knowledge. <Amended by Presidential Decree No. 17814, Dec. 26, 2002>
(2) Benefits and travel expenses may be paid to the examiner pursuant to paragraph (1) within the budgetary limits.
 Article 5-2 (Request for Cooperation of Relevant Institutions, etc.)
Where necessary to facilitate administer examinations, the head of an institution for administration of examination may request of the State, local governments or relevant institutions or organizations for cooperation necessary for the examination place and support of supervision of examination, etc.
[This Article Newly Inserted by Presidential Decree No. 17814, Dec. 26, 2002]
 Article 6 (Employment of Social Workers)
(1) Any person who establishes and operates a social welfare foundation or social welfare facility under the main body of Article 13 (1) of the Act shall employ persons that engage in the following affairs in the relevant foundation or facility as social workers: Provided, That each item of subparagraph 1 of Article 2 of the Act shall apply to cases prescribed thereby: <Amended by Presidential Decree No. 16589, Oct. 30, 1999; Presidential Decree No. 21093, Oct. 28, 2008>
1. Affairs of development and operation of social welfare program;
2. Affairs of guiding life of facility residents;
3. Affairs of consulting persons in need of social welfare.
(2) "Social welfare facilities determined by Presidential Decree” in the proviso to Article 13 (1) of the Act means the following facilities: <Amended by Presidential Decree No. 21093, Oct. 28, 2008; Presidential Decree No. 22568, Dec. 29, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 24020, Aug. 3, 2012; Presidential Decree No. 28074, May 29, 2017>
1. Leisure welfare facility for the aged under the Welfare of Older Persons Act (excluding senior welfare centers);
2. Braille library and facility for publication of books in braille and audible books under the Act on Welfare of Persons with Disabilities;
3. Nursery facilities under the Infant Care Act;
4. Support institutions for victims, etc. of sexual trafficking under Article 5 of the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims and counseling centers for victims, etc. of sexual traffic under Article 10 of the same Act;
5. Mental health sanatoriums and mental health rehabilitation facilities prescribed in subpragraphs 6 and 7 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
6. Counseling centers for the victims of sexual assault under the Sexual Violence Prevention and Victims Protection Act.
 Article 7 (Appointment of Public Officials in Exclusive Charge of Social Welfare)
(1) The public official in exclusive charge of welfare pursuant to Article 14 of the Act shall be appointed from among qualified social workers, and the appointment, etc. thereof shall be prescribed by Ordinance on Appointment of Local Public Officials: Provided, That the appointment, etc. of public officials in special service among public officials in exclusive charge of social welfare shall be prescribed by the ordinance of the relevant local government.
(2) Where the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Governor of a Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") appoints and arranges the public official in exclusive charge of welfare pursuant to paragraph (1), he/she shall report such fact thereof to the Minister of Health and Welfare as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012>
 Article 7-2 through 7-4 Deleted. <by Presidential Decree No. 26364, Jun. 30, 2015>
 Article 8 (Application, etc. for Permission for Incorporation of Social Welfare Foundation)
(1) Any person who intends to obtain permission for incorporation of a social welfare foundation pursuant to Article 16 of the Act shall submit (including a submission by electronic documents) an application for incorporation of a foundation by attaching the documents prescribed by Ordinance of the Ministry of Health and Welfare to the Mayor/Do Governor after passing through the head of Si/Gun/Gu who has jurisdiction over the location of main office of the social welfare foundation. <Amended by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012>
(2) The head of a Si/Gun/Gu in receipt of the application for incorporation of foundation pursuant to paragraph (1) shall send it to the Mayor/Do Governor (including a sending by electronic documents) by attaching the result of actual survey on asset and examination review on the necessity of the incorporation of social welfare foundation. <Amended by Presidential Decree No. 16589, Oct. 30, 1999; Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012>
 Article 8-2 (Procedure, Etc. of Recommending Directors)
(1) Where any social welfare foundation intends to receive a recommendation of directors pursuant to Article 18 (2) of the Act, it shall request the institutions falling under any of the following of the recommendation of directors in writing by attaching data regarding the purpose of incorporating foundation, contents of purpose business and conditions that should be fulfilled by directors, etc. within 15 days from the date when the reason for appointment of directors occurred: Provided, That where the reason for appointment is the expiration of the term of office of the director, it may request the recommendation from three months before the expiration of term of office.
(2) The institutions requested to recommend directors pursuant to paragraph (1) shall recommend directors considering the incorporation purpose of the relevant foundation within 30 days from the day of the request in the absence of special circumstances, and when necessary, it may listen to the opinions of the persons who requested the recommendation of directors.
(3) The institutions requested to recommend directors pursuant to paragraph (1) may request the Mayor/Do Governor or the head of Si/Gun/Gu to verify whether the person whom it intends to recommend as a director pursuant to paragraph (2) falls under the ground for disqualification pursuant to Article 19 of the Act. In such cases, it shall get an agreement from the person whom it intends to recommend.
(4) Upon receipt of a request of verification pursuant to paragraph (3), the Mayor/Do Governor or the head of Si/Gun/Gu shall follow the request in the absence of special circumstances.
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
 Article 9 (Scope of Persons in Special Relationship)
(1) "Members in a special relationship prescribe by Presidential Decree” in Article 18 (3) of the Act means persons falling under each of the following: <Amended by Presidential Decree No. 24020, Aug. 3, 2012>
1. A contributor;
2. Any person whose relationship with the contributor or director falls under any of the following:
(a) A blood relative of not more than six degrees of relationship;
(b) A relative by marriage of not more than four degrees of relationship;
(c) A spouse (including a person in relationship of de facto marriage);
(d) One’s own child who was adopted by others, and the spouse and lineal descendant of the child;
3. An employee of or a contributor or director, or any person in an employment relationship with the contributor or director (including the employee of or other persons in an employment relationship with the foundation which is in fact controlled by investment of the contributor or director );
4. A person who earns a living by money or other property of the contributor or director, and persons who reside with him/her;
5. A director of another foundation invested by the contributor or director.
(2) "The foundation which is in fact controlled by investment” in paragraph (1) 3 means the foundation falling under any of the following case:
1. Where one investor, and persons in relationship defined in paragraph (1) 2 and 4 with him/her and an employee and other persons in an employment relationship with him/her (hereinafter referred to as “dominant stockholder” in this paragraph) owns not less than 30 percent of the total amount of issued stocks or the total amount of investment of the foundation;
2. Where the foundation under subparagraph 1 and its dominant stockholder own not less than 50 percent of the total issued stocks or total amount of investment of the foundation;
3. Where the foundation under subparagraph 1, and its dominant stockholder, and the foundation under subparagraph 2 own at least 50 percent of the total issued stocks or total amount of investment of the foundation.
[This Article Wholly Amended by Presidential Decree No. 18501, Jul. 30, 2004]
 Article 10 (Size of Social Welfare Foundation which Appoints Directors)
"A foundation in excess of a certain size prescribed by Presidential Decree” in the proviso of Article 18 (7) of the Act means a foundation (including that of social welfare facilities established and operated by foundations) whose average tax revenue pursuant to the revenue settlement of the previous three fiscal years at the time of appointing directors is not les than three billion won.
[This Article Wholly Amended by Presidential Decree No. 24020, Aug. 3, 2012]
 Article 10-2 (Detailed Standard for Order of Dismissal of Executive Without Request for Correction)
The cases where the Mayor/Do Governor may order a social welfare foundation to dismiss an executive without a request for correction pursuant to the proviso to Article 22 (2) of the Act shall be one of the following:
1. Where it is physically evident that such correction is impracticable although it is requested;
2. Where an executive committed accounting fraud, embezzlement, theft of the property or subsidy of the relevant social welfare foundation, or social welfare facility operated by the social welfare foundation, or accepts any bribe or breaches any of his/her duties regarding the affairs thereof.
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
 Article 10-3 (Period, etc. of Disclosure of Minutes)
(1) Any social welfare foundation shall disclose the minutes of the board of directors' meetings on the Internet website of the relevant social welfare foundation and the Internet website designated by the competent Mayor/Do Governor for three months within 10 days from the day of meeting pursuant to the main sentence of Article 25 (4) of the Act.
(2) Employees of a socal welfare foundation, and employees, users, residents or guardians of residents of the facilities established and operated by a social welfare foundation may request disclosure of the minutes by submitting a form of requesting disclosure of minutes of meetings of the board of directors stating following matters even after the period of disclosure pursuant to paragraph (1): <Amended by Presidential Decree No. 25532, Aug. 6, 2014>
1. The name, date of birth, address and contact information (referring to phone numbers, electronic mail address, etc.) of a requester;
2. The contents of the minutes which he/she requested disclosure of and the method of disclosure.
(3) Where the content requested to be disclosed pursuant to paragraph (2) does not fall under the matters subject to non-disclosure pursuant to the proviso of Article 25 (4) of the Act, a social welfare foundation shall disclose it within 10 days. In such cases, when the matters subject to non-disclosure and matters subject to disclosure are mixed and it is possible to separate them within the scope of not contrary to the purpose of the request for disclosure, they shall be separated and only matters of disclosure shall be disclosed.
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
 Article 10-4 (Matters Subject to Non-disclosure in Minutes)
(1) Article 9 (1) 4 through 8 of the Official Information Disclosure Act shall apply mutatis mutandis to undisclosable matters pursuant to the proviso to Article 25 (4) of the Act. In such cases, “public institutions” shall be construed as “social welfare foundations” and “public officials” shall be construed as “executives and staff of social welfare foundations.”
(2) Where the necessity of non-disclosure of the matters falling under paragraph (1) due to the expiration, etc. of the period disappeared, the foundation shall designate the relevant matters as subject matters for disclosure.
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
 Article 10-5 (Scope of Persons in Special Relationship with Director)
"Any person in a special relationship determined by Presidential Decree” in the proviso to Article 27 (2) of the Act means any person whose relationship with a director of a dissolved foundation falls under any of Article 9 (1) 2 through 5.
[This Article Wholly Amended by Presidential Decree No. 24020, Aug. 3, 2012]
 Article 11 (Mergers of Social Welfare Foundation)
(1) When a foundation intends to get an approval for merger pursuant to Article 30 of the Act, it shall submit an application for approval of merger of foundation by attaching the articles of association of a social welfare foundation surviving the merger or of a social welfare foundation newly incorporated in the course of the merger and the documents prescribed by Ordinance of the Ministry of Health and Welfare (including a submission by electronic documents) to the Mayor/Do Governor (referring to the Minister of Health and Welfare in case of a merger pursuant to the proviso of Article 30 (1) of the Act). <Amended by Presidential Decree No. 16589, Oct. 30, 1999; Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012>
(2) Where a foundation intends to establish a new social welfare foundation in the course of merger, the establishment members designated by the relevant social welfare foundations, five members for each, shall jointly conduct affairs regarding the establishment of the social welfare foundation, including preparation of the articles of association. <Amended by Presidential Decree No. 18501, Jul. 30, 2004>
 Article 12 (Affairs of Korea National Council, Etc. on Social Welfare)
"Social welfare programs prescribed by Presidential Decree” in Article 33 (1) 4 of the Act means the programs and affairs falling under the following:
1. Education and training regarding social welfare;
2. Collection of data and publication regarding social welfare;
3. Enlightenment and public relations regarding social welfare;
4. Promotion of volunteer activities;
5. Creation of culture of donation for social welfare programs;
6. Education and training, and enhancement of welfare of persons engaged in social welfare programs;
7. Introduction of scholarship regarding social welfare and interchange with international social welfare groups;
8. Affairs regarding social welfare entrusted by the Minister of Health and Welfare [only referring to the Central Council pursuant to Article 33 (1) of the Act (hereinafter referred to as “Central Council”)];
9. Affairs regarding social welfare entrusted by the Mayor/Do Governor and the Central Council [only referring to City/Do Council pursuant to Article 33 (1) of the Act (hereinafter referred to as “City/Do Council”)];
10. Affairs regarding social welfare entrusted by the Mayor/Do Governor, the head of Si/Gun/Gu, the Central Council and City/Do Council [only referring to Si/Gun/Gu Council pursuant to Article 33 (1) of the Act (hereinafter referred to as “Si/Gun/Gu Council”)];
11. Other matters prescribed in the articles of incorporation of the Central Council, City/Do Council and Si/Gun/Gu Council for the attainment of its purpose.
[This Article Wholly Amended by Presidential Decree No. 24020, Aug. 3, 2012]
 Article 13 (Members of Central Council, Etc.)
(1) Any of the persons falling under any of the following may be the member of the Central Council: <Amended by Presidential Decree No. 18501, Jul. 30, 2004>
1. The head of City/Do Council;
2. A representative of non-profit foundation related to social welfare foundations and social welfare programs;
3. Any person who represents the economic, media, religious, judicial, cultural, educational and health and medical circles, etc.;
4. Other persons recommended by the head of the Central Council and deemed necessary for carrying out the social welfare program.
(2) Any person falling under any of the following may be the member of City/Do Council: <Amended by Presidential Decree No. 18501, Jul. 30, 2004>
1. The head of Si/Gun/Gu Council;
2. A representative of non-profit foundation related to social welfare foundations and social welfare programs, whose main office locates in the relevant area;
3. Any person who represents the economic, media, religious, judicial, cultural, educational and health and medical circles, etc. of the relevant area;
4. Other persons recommended by the head of City/Do Council for the development of welfare of local community.
(3) Any person falling under any of the following may be the member of Si/Gun/Gu Council: <Newly Inserted by Presidential Decree No. 18501, Jul. 30, 2004>
1. A executives and staff of non-profit foundation, related to social welfare foundations and social welfare programs, whose main office locates in the relevant area;
2. An employee of the social welfare facility whose main office locates in the relevant area;
3. Any person who represents the economic, media, religious, judicial, cultural, educational and health and medical circles, etc. of the relevant area;
4. Other persons recommended by the head of Si/Gun/Gu Council for the development of welfare of local community.
 Article 14 (Executives)
(1) The Central Council, City/Do Councils, and Si/Gun/Gu Councils (hereinafter referred to as the "Council”) shall have at least 15 and not more than 30 directors, including one representative director and two auditors, as its executives. <Amended by Presidential Decree No. 18501, Jul. 30, 2004>
(2) The term of office of the directors and auditors shall be three years, which may be renewed respectively.
(3) Necessary matters concerning the method of appointing executives and the qualification requirements therefor shall be prescribed by the articles of incorporation.
 Article 15 (Board of Directors)
(1) Each council shall have a board of directors comprising directors.
(2) The board of directors shall deliberate or resolve on important matters regarding affairs of each council as prescribed by articles of incorporation.
(3) The representative director shall call a meeting of the board of directors and become the chairperson thereof.
(4) An auditor may attend the meeting of the board of directors and state his/her opinions.
(5) Necessary matters concerning the operation of the board of directors shall be prescribed by the articles of association.
 Article 16 Deleted. <by Presidential Decree No. 16589, Oct. 30, 1999>
 Article 17 (Operation Expenses of Each Council)
The operating expenses of each council shall be covered by the membership fees of the members, subsidies of the State and a local government, business income and other incomes.
 Article 18 (Mutual Cooperation)
Each Council shall mutually cooperate to facilitate of its affairs.
 Article 18-2 (Request for Provision of Data and Renewal of Data)
(1) "Related computer networks or data prescribed by Presidential Decree” in the former part of Article 33-2 (4) of the Act means computer networks or data falling under any of the following: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012; Presidential Decree No. 25918, Dec. 30, 2014>
1. Finance, national taxes, local taxes, land, buildings, vessels, vehicles, ownership of house, national health insurance, national pension, employment insurance, industrial accidents insurance, patriots and veterans benefits, public officials pension, military pension, private school personnel pension, special post offices pension, income details of daily employed workers, business registration certificate, and relevant computer network or data regarding income, property, working ability and employment status, such as whether there is disability or not, and degree of disability;
2. Employment information, working incentives, health and medical information, long-term care for the aged, direct payment of agricultural income preservation and other computer network or data relevant to the protection and service conducted by Acts or subordinate statutes other than the Acts pursuant to subparagraph 1 of Article 2 of the Act;
3. Resident registration computer data, family relation certificates, immigration, military affairs, correction, and other relevant computer network or data necessary for the identification of welfare demand and provision of services.
(2) The Minister of Health and Welfare or the head of a local government shall renew the data regularly pursuant to paragraph (1). <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
[This Article Wholly Amended by Presidential Decree No. 21864, Nov. 30, 2009]
 Article 18-3 (Obligation to Purchase Insurance)
The scope of social welfare facilities which shall purchase liability insurance or enter into a liability mutual aid agreement pursuant to Article 34-3 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 24020, Aug. 3, 2012>
1. Social welfare facilities pursuant to each item of subparagraph 1 of Article 2 of the Act;
2. Social welfare centers;
3. Nursing facilities for tuberculosis and leprosy.
[This Article Newly Inserted by Presidential Decree No. 16903, Jul. 10, 2000]
 Article 18-4 (Safety Inspection, etc. of Facilities)
(1) The scope of social welfare facilities subject to safety inspections pursuant to Article 34-2 of the Act shall be as follows: <Amended by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 24020, Aug. 3, 2012>
1. Social welfare facilities pursuant to each item of subparagraph 1 of Article 2 of the Act;
2. Social welfare centers;
3. Nursing facilities for tuberculosis and leprosy.
(2) The head of the social welfare facility pursuant to paragraph (1) (hereinafter referred to as “facility” in this Article) shall conduct a regular safety inspection every six months as prescribed by the Minister of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(3) Where the structure and equipment safety of the relevant facility is weak, as a result of the regular safety inspection pursuant to paragraph (2), which raises concerns about harms therefrom, the head of the facility shall have a safety inspection institution, falling under any of the following, conduct a frequent safety inspection, according to the guidelines on safety inspection, etc. prescribed in Article 21 of the Special Act on the Safety Control and Maintenance of Establishments: <Amended by Presidential Decree No. 21093, Oct. 28, 2008; Presidential Decree No. 28586, Jan. 16, 2018>
1. A specialized safety diagnosis institution registered pursuant to Article 28 of the Special Act on the Safety Control and Maintenance of Establishments;
2. A constructor who runs business of maintenance and management of the registered facilities pursuant to Article 9 of the Framework Act on the Construction Industry.
[This Article Newly Inserted by Presidential Decree No. 16903, Jul. 10, 2000]
 Article 19 (Facilities Accommodating More Than Three Hundred Residents)
Social welfare facilities which are allowed to accommodate more than three hundred residents pursuant to the proviso to Article 41 of the Act shall be facilities falling under any of the following: <Amended by Presidential Decree No. 25856, Dec. 16, 2014>
1. Institutions for the aged and welfare houses for the aged among residential welfare institutions for the aged pursuant to Article 32 of the Welfare of Older Persons Act;
2. Sanatoriums for the aged among medical and welfare institutions for the elderly pursuant to Article 34 of the Welfare of Older Persons Act;
3. Social welfare facilities deemed as appropriate to the standards determined and announced by the Minister of Health and Welfare by considering the type of social welfare facility by the head of Si/Gun/Gu, number of social welfare facilities by area, demand for social welfare service by area and by type, and number of persons that engage in social welfare program, etc.
[This Article Wholly Amended by Presidential Decree No. 21093, Oct. 28, 2008]
 Article 20 (Subsidies, etc)
"Persons prescribed by Presidential Decree” in Article 42 (1) of the Act means persons falling under any of the following: <Amended by Presidential Decree No. 24020, Aug. 3, 2012>
1. Social welfare foundations;
2. Non-profit foundations conducting social welfare program;
3. Individuals establishing and operating a social welfare facility to accommodate individuals in need of protection of social welfare facilities or for child care, consulting or support for self-reliance.
 Article 21 (Recovery of Expenses)
(1) When the expenses are recovered pursuant to Article 44 of the Act, a basis for the calculation shall be specified and notified in writing: Provided, That where the individual in receipt of benefits is a recipient of assistances under the National Basic Living Security Act, the expenses shall not be recovered. <Amended by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 21093, Oct. 28, 2008; Presidential Decree No. 24020, Aug. 3, 2012>
(2) Necessary matters concerning the method and procedure of recovering expenses pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
 Article 22 (Affairs of Korea Association of Social Workers)
The association shall conduct affairs falling under each of the following: <Amended by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
1. Development and distribution of specialized knowledge and skill regarding social workers;
2. Education and training to enhance the professionalism of social workers;
3. Investigation and research, holding symposiums and public relations and publication business regarding social workers system;
4. Exchange and cooperation with international social workers organization;
5. Affairs regarding social welfare program entrusted by the Minister of Health and Welfare;
6. Other matters necessary for achieving the objectives of the association.
 Article 23 (Members of Association)
The members of the association shall be persons to whom social worker certificate was issued. <Amended by Presidential Decree No. 24020, Aug. 3, 2012>
 Article 24 (Provisions Applicable Mutatis Mutandis)
Articles 14, 15 and 17 shall apply mutatis mutandis to the members, board of directors and operation expenses of the association. In such cases, “each council” shall be construed as “association.” <Amended by Presidential Decree No. 24020, Aug. 3, 2012>
 Article 24-2 (Publishing Information Relevant to Disposition)
(1) Where the Minister of Health and Welfare or a Mayor/Do Governor takes a disposition falling under any of the following pursuant to Article 51 (5) of the Act, he/she may publish the information relevant to the disposition considering the intent, degree, number and result of the disposition:
1. Where revoking the permission for incorporation of social welfare foundation for the reasons under Article 26 (1) 1, 4 or 6 of the Act;
2. Where issuing an order to replace the head of the facility, or close the facility for the reasons under Article 40 (1) 4, 5 or 7 through 9 of the Act.
(2) In order to publish the information relevant to the disposition pursuant to paragraph (1), the Minister of Health and Welfare or a Mayor/Do Governor shall publish the following matters on the Internet website of the relevant public office for not more than six months, and if necessary, may publish the information in the newspaper under subparagraph 1 of Article 2 of the Act on the Promotion of Newspapers, Etc.:
1. Title stating the publication of the result of administrative disposition on social welfare foundation or social welfare facility;
2. Name and location of social welfare foundation or social welfare facility;
3. Reasons and the relevant Acts or subordinate statutes for the disposition;
4. Details and date of the disposition.
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
 Article 24-3 (Scope of Affairs and Authority of Persons Entrusted)
(1) The scope of affairs and authority of the person entrusted pursuant to Article 51 (6) of the Act shall be as follows:
1. Provision of specialized knowledge regarding the inspection of matters reported to or the relevant documents, etc. submitted to the organization providing guidance and supervision pursuant to Article 51 (1) of the Act;
2. Consultation on inspection or inquiry of the public officials belonging to the organization that provides guidance and supervision pursuant to Article 51 (1) of the Act.
(2) The person entrusted with the affairs pursuant to paragraph (1) may enter the office of social welfare foundation or social welfare facility accompanied by the relevant public official. In such cases, he/she shall carry a certificate indicating the authority and show it to the relevant persons.
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
 Article 25 (Entrustment of Authority)
(1) Deleted. <by Presidential Decree No. 24020, Aug. 3, 2012>
(2) The Minister of Health and Welfare may entrust the following affairs to the exclusive organization pursuant to Article 52 (2) of the Act: <Amended by Presidential Decree No. 21864, Nov. 30, 2009; Presidential Decree No. 22075, Mar. 15, 2010>
1. Matters on collecting, managing, and retaining data and requesting related institutions and organizations to provide data pursuant to Article 6-2 (3) of the Act;
2. Matters on request to use the relevant computer network or data necessary to investigate demand for social welfare services pursuant to Article 33-3 (4) of the Act.
(3) Among the affairs of the Minister of Health and Welfare, the affairs of supporting and promoting voluntary activities under Article 9 of the Act shall be entrusted to the Central Council, and the affairs of issuing certificates of social workers shall be entrusted to the association. <Amended by Presidential Decree No. 16589, Oct. 30, 1999; Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
(4) The Minister of Health and Welfare may entrust the following affairs to the non-profit foundation, to which the government contributed any part of establishment and operation expenses, which has specialized ability on social welfare guidance and training or facility evaluation pursuant to Article 53 (2): <Newly Inserted by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 21864, Nov. 30, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012>
1. Affairs regarding guidance and training of social welfare program workers pursuant to Article 10 of the Act;
2. Affairs regarding examination of social welfare facilities pursuant to Article 43-2 (1).
 Article 25-2 (Management of Sensitive Information and Personally Identifiable Information)
(1) The State, the head of a local government (including persons entrusted of the affairs pursuant to Articles 9, 12 and 13 of the Act and Article 25 of this Decree) or the exclusive organization may manage data containing resident registration numbers or alien registration numbers pursuant to subparagraph 1 or 4 Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is essential to conduct following affairs: <Amended by Presidential Decree No. 24020, Aug. 3, 2012>
1. Affairs regarding the building and operation of an information system pursuant to Article 6-2 of the Act;
2. Affairs regarding the support for and promotion of voluntary activities for social welfare programs pursuant to Article 9 of the Act;
3. Affairs regarding the guidance and training pursuant to Article 10 of the Act;
4. Affairs regarding the issuance of certificates of social workers pursuant to Article 11 of the Act;
5. Affairs regarding verification of reasons for disqualification of social workers pursuant to Article 11-2 of the Act;
6. Affairs regarding the administration of the State examination of social workers pursuant to Article 12 of the Act;
7. Affairs regarding the training of social workers pursuant to Article 13 of the Act;
8. Affairs regarding the permission for incorporation of social welfare foundations pursuant to Article 16 of the Act;
9. Affairs regarding the mergers of social welfare foundations pursuant to Article 30 of the Act;
10. Affairs regarding the report on the establishment of social welfare facilities pursuant to Article 34 of the Act;
11. Affairs regarding the affairs of exclusive organization pursuant to Article 1-2 (2).
(2) The Minister of Health and Welfare (including persons entrusted with the affairs of the Minister of Health and Welfare pursuant to Article 25), the head of a local government (where the relevant authority was delegated or entrusted, including persons delegated or entrusted with the authority) or persons providing services for any individual in need of protection pursuant to Article 33-7 may manage the information regarding health pursuant to Article 23 of the Personal Information Protection Act, criminal record data under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, or data including resident registration numbers, passport numbers or alien registration numbers pursuant to subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the same Act, if it is inevitable to conduct following affairs, if it is inevitable to conduct following affairs: <Amended by Presidential Decree No. 24020, Aug. 3, 2012>
1. Affairs regarding the applications for social welfare services pursuant to Article 33-2 of the Act;
2. Affairs regarding the investigation pursuant to Article 33-3 of the Act;
3. Affairs regarding the determination as to whether to provide services and the type thereof pursuant to Article 33-4 of the Act;
4. Affairs regarding the formulation of plans to provide services to each individual in need of protection and modification thereof pursuant to Article 33-5 of the Act;
5. Affairs regarding the provision of services pursuant to Article 33-6 of the Act;
6. Affairs regarding the welfare service vouchers pursuant to Article 33-7 of the Act;
7. Affairs regarding the recovery of expenses pursuant to Article 44 of the Act.
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
 Article 25-3 (Review of Regulations)
The Minister of Health and Welfare shall review the validity of the standards for qualification of social workers by grade pursuant to Article 2 (1) and attached Table 1 on a three-yearly basis (referring to a period until January 1 of the base date of the year which becomes every three years) based on January 1, 2014, and take measures, such as improvements.
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
 Article 26 (Imposition and Collection of Fines for Negligence)
Standards for imposing fines for negligence pursuant to Article 58 of the Act shall be as provided in attached Table 4.
[This Article Wholly Amended by Presidential Decree No. 21093, Oct. 28, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 through 5, and attached Tables 2 and 3 shall enter into force on January 1, 2013.
Article 2 (Special Cases, etc. concerning Qualification Standard of Social Welfare Workers)
(1) Notwithstanding the amended provision of Article 2 (1) and attached Table 1, the qualification standard for social welfare workers by grade until December 31, 2002 shall be as provided for in attached Table 1.
(2) Notwithstanding the proviso to item (a) of the Grade 1 social welfare worker column of attached Table 1-2, the former proviso shall apply to any person who majors in social welfare studies or social work studies in graduate schools under the Higher Education Act at the time this Decree enters into force, until December 31, 2002. <Amended by Presidential Decree No. 16589, Oct. 30, 1999>
(3) Any person who falls under subparagraph 1 of the Grade 2 social welfare worker column of attached Table and under subparagraph 1 of the Grade 3 social welfare worker column of the same attached Table shall be deemed falling under item (c) of the Grade 1 social welfare worker column of attached Table 1-2 and under item (a) of the Grade 2 social welfare worker column of the same attached Table, until December 31, 2002. <Amended by Presidential Decree No. 16589, Oct. 30, 1999>
Article 3 (Transitional Measures concerning Employment of Social Welfare Workers)
Where any person who established and operated social welfare foundation or social welfare facility have a person, other than a social welfare worker, engaged in the affairs falling under each subparagraph of Article 6 (1) at the time this Decree enters into force, he/she shall within three years from the date of promulgation of this Decree employ a social welfare worker and have the worker that engage in the relevant affairs.
Article 4 (Special Cases on Issuance of Certificate of Social Workers)
Notwithstanding the amended provision of Article 25 (2), the Central council shall issue certificates of social workers until December 31, 1998.
Article 5 (Transitional Measures Concerning Term of Office of Executives of Korea National Council on Social Welfare)
Notwithstanding the former provisions, the terms of office of executives of Korea National Council on Social Welfare at the time this Decree enters into force shall be until the date of registration of the executives appointed at the general meeting formed in accordance with the articles of incorporation which was authorized to be amended pursuant to Article 5 of the Addendum of the Act.
ADDENDUM <Presidential Decree No. 16589, Oct. 30, 1999>
This Decree shall enter into force on November 1, 1999.
ADDENDUM <Presidential Decree No. 16903, Jul. 10, 2000>
This Decree shall enter into force on July 13, 2000: Provided, That the
amended provisions of Article 18-2 and subparagraph 4 of attached Table 4 shall enter into force on January 13, 2003.
ADDENDUM <Presidential Decree No. 17814, Dec. 26, 2002>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Tables 1 and 3 shall enter into force on January 1, 2003.
ADDENDA <Presidential Decree No. 18501, Jul. 30, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2004: Provided, That the amended provisions of Article 7-2 through 7-4 shall enter into force on July 31, 2005.
Article 2 (Transitional Measures concerning Persons in Special Relationship)
Notwithstanding the amended provision of Article 9, the former provisions shall apply to the board of directors of the social welfare foundation formed pursuant to the former provision as at the time this Decree enters into force.
Article 3 (Transitional Measures concerning Delegation and Entrustment of Authority)
(1) The permission and authorization by the Minister of Health and Welfare to social welfare foundation pursuant to the former provisions at the time this Decree enters into force shall be deemed that by a Mayor/Do Governor pursuant to the amended provision.
(2) Any application, etc. for the permission of incorporation of social welfare foundation and application for the authorization of amendment of articles of incorporation, which is on application with the Minister of Health and Welfare at the time this Decree enters into force, shall be deemed an application with a Mayor/Do Governor pursuant to the amended provision.
(3) Any person who was entrusted with the affairs of guidance and training of workers of social welfare program pursuant to the former provision at the time this Decree enters into force shall be deemed being entrusted thereof pursuant to the former provision of Article 25 (3) pursuant to the amended provision.
Article 4 (Transitional Measures concerning Fines for Negligence)
The former provision shall apply to the application of the fines for negligence against the acts committed before this Decree enters into force.
Article 5 (Special Cases concerning Standards for Qualification and Qualifications for Examination of Social Welfare Workers)
Notwithstanding the amended provision of attached Tables 1 and 3, the former provision shall apply to any person who majors in social welfare study or social work study in graduate schools under the Higher Education Act at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 18553, Sep. 23, 2004>
(1) (Enforcement Date) This Decree shall enter into force on September 23, 2004.
(2) and (3) Omitted.
ADDENDUM <Presidential Decree No. 20356, Oct. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 21093, Oct. 28, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 and attached Table 4 shall enter into force on January 1, 2009.
ADDENDUM <Presidential Decree No. 21864, Nov. 30, 2009>
This Decree shall enter into force on December 1, 2009.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22568, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22924, May 12, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability concerning Public Announcement of Examination)
Matters of amending the period of public announcement of examination, etc. among this Decree shall begin applying to the examination conducted after January 1, 2013.
ADDENDA <Presidential Decree No. 24020, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012: Provided, That the amended provisions of Articles 8-2 and 10 shall enter into force on January 27, 2013.
Article 2 (Transitional Measures concerning Scope of Persons in Special Relationship)
Notwithstanding the amended provision of Article 9 (1) 2, the former provision shall apply to the special relationship on directors (including auditors) of social welfare foundation appointed pursuant to the former provision at the time this Decree enters into force.
Article 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25856, Dec. 16, 2014>
This Decree shall enter into force on the date of its promulgation
ADDENDA <Presidential Decree No. 25918, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26364, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015.
Articles 2 through 3 Omitted.
ADDENDUM <Presidential Decree No. 27437, Aug. 3, 2016>
This Decree shall enter into force on August 4, 2016.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. <Proviso Omitted>
Articles 2 through 8 Omitted.