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ACT ON THE IMPROVEMENT OF TREATMENT AND STATUS OF SOCIAL WORKERS, ETC.

Act No. 10511, Mar. 30, 2011

Amended by Act No. 11442, May 23, 2012

 Article 1 (Purpose)
The purpose of this Act is to contribute to promoting social welfare by improving the status of social welfare workers by improving the treatment of social workers, etc. and strengthening the guarantee of status thereof.
 Article 2 (Definitions)
The term “social welfare worker, etc.” means a person engaged in social welfare services at any of the following corporations, etc. (hereinafter referred to as “social welfare corporation, etc.”):
1. A social welfare corporation established pursuant to Article 16 of the Social Welfare Services Act;
2. A social welfare facility established pursuant to Article 2 of the Social Welfare Services Act;
3. Other organization or institution determined by Presidential Decree.
 Article 3 (Improvement of Treatment, and Guarantee of Status, of Social Welfare Workers, etc.)
(1) The State and local governments shall actively endeavor to improve the treatment of social welfare workers, etc., and promote their welfare as well as to improve their status.
(2) The State and local governments shall endeavor to raise the remunerations of social welfare workers, etc. to reach the level of that of public officials exclusively in charge of social welfare.
(3) Every three years, the Minister of Health and Welfare and the head of a local government shall investigate the level and actual status of remuneration of social welfare workers, etc.
(4) No social welfare workers, etc. shall incur any disadvantage to his/her position or any discrimination in his/her working conditions, such as an disciplinary action, due to his/her reporting to the relevant administrative agency or an investigative authority on the illegal and unjust acts or other irregularities related to operating a social welfare corporation, etc.
 Article 4 (Korea Social Welfare Credit Union)
(1) Social welfare workers, etc. may establish the Korea Social Welfare Credit Union (hereinafter referred to as the “Mutual-Aid Association”) with the authorization of the Minister of Health and Welfare to pursue stabilizing their livelihood and promoting their welfare. <Amended by Act No. 11442, May 23, 2012>
(2) The Mutual-Aid Association shall be a corporation; and its principal office shall be situated in Seoul.
(3) Matters to be entered in the articles of incorporation of the Mutual-Aid Association shall be prescribed by Presidential Decree; and amending the articles of incorporation shall be subject to the authorization of the Minister of Health and Welfare, via a resolution of the board of representatives.
(4) Deleted. <by Act No. 11442, May 23, 2012>
 Article 4-2 (Prohibition of Use of Similar Name)
No person other than the Mutual-Aid Association under this Act shall use the name “Korea Social Welfare Credit Union” or similar.
[This Article Newly Inserted by Act No. 11442, May 23, 2012]
 Article 4-3 (Qualification for Members)
(1) The members of the Mutual-Aid Association shall be any of the following persons, who are engaged in social welfare services:
1. A social welfare worker under Article 11 of the Social Welfare Services Act;
2. A person working at a corporation, facility, etc. under Article 2;
3. A person determined by Presidential Decree engaged in the affaires related to social welfare at a corporation, etc. established pursuant to the Civil Act or any other Act;
4. Other persons determined by the articles of incorporation of the Mutual-Aid Association.
(2) A person who intends to be a member shall become a member on the date he/she pays the first membership fee after submitting an application for admission.
[This Article Newly Inserted by Act No. 11442, May 23, 2012]
 Article 5 (Organization, etc.)
(1) The Mutual-Aid Association shall have the board of representatives and the board of directors as decision-making organs, the chief director and directors as an executive organ, and auditors as an auditory organ.
(2) Matters necessary for the following shall be prescribed by Presidential Decree: the appointment of representatives of the Mutual-Aid Association; the composition and powers of the board of representatives; the composition and powers of the board of directors; the fixed number of executive officers; election and terms of office of executive officers; duties of executive officers; and appointment and dismissal of employees.
 Article 6 (Business)
(1) The Mutual-Aid Association shall conduct the following businesses to achieve its objectives:
1. Payment of mutual-aid benefits to members;
2. Mutual-aid business regarding the safety, fire, etc. of social welfare facilities;
3. Fund-raising business;
4. Business for welfare of members;
5. Businesses determined by the articles of incorporation, which are incidental to those referred to in subparagraphs 1 through 4.
(2) The Mutual-Aid Association may conduct profit-making business within the extent necessary for achieving its objectives.
(3) The Insurance Business Act shall not apply to the business of the Mutual-Aid Association under this Act.
 Article 7 (Financial Resources)
The fund necessary for mutual aid business shall be created from any of the following financial resources: Provided, That the Minister of Health and Welfare may partially subsidize expenses to be incurred in establishing and operating the principal office of the Mutual-Aid Association: <Amended by Act No. 11442, May 23, 2012>
1. Membership fees of members;
2. Contributions of persons other than the Government or local governments;
3. Revenue accrued from operating mutual-aid business;
4. Other incomes.
 Article 8 (Budget and Settlement of Accounts, Accumulation of Reserves. etc.)
(1) The Mutual-Aid Association shall compile a budget for the total revenue and total expenditure of the next fiscal year; and shall obtain approval from the Minister of Health and Welfare via a resolution by the board of representatives one month before the next fiscal year commences.
(2) The Mutual-Aid Association shall prepare a statement of accounts, a list of property, a balance sheet and a statement of profits and losses; and submit them to the Minister of Health and Welfare after obtaining approval from the board of representatives within three months after each fiscal year.
(3) Matters concerning reserves as well as net profit in settlement of accounts to be appropriated for the payment by the Mutual-Aid Association of the future benefits shall be prescribed by Presidential Decree.
 Article 9 (Administrative Measures, etc.)
(1) When the Mutual-Aid Association is operated as follows, the Minister of Health and Welfare may order the Mutual-Aid Association to rectify its operation and its business practices or take other necessary measures within a specified period:
1. Where it violates any Acts or subordinate statutes, or its articles of incorporation or other regulations, with respect to accounting or performing business;
2. Where it is operated significantly unjustifiably;
3. Where it fully or partially suspends mutual-aid business without any justifiable ground.
(2) Except as otherwise expressly provided for in this Act, the provisions of the Civil Act on incorporated associations shall apply mutatis mutandis to the Mutual-Aid Association.
 Article 10 (Administrative Fines)
(1) A person who violates Article 4-2 shall be subject to an administrative fine not exceeding three million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11442, May 23, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2012.
Article 2 (Preparation for Incorporation of Mutual-Aid Association)
(1) The Minister of Health and Welfare shall commission not more than nine incorporators within three months from the date this Act enters into force to handle affairs concerning establishing the Mutual-Aid Association.
(2) The incorporators shall prepare the articles of incorporation of the Mutual-Aid Association within six months from the date they are entrusted with the affairs concerning incorporation; and shall file for registration for incorporation of the Mutual-Aid Association under their joint signatures after obtaining authorizing the Minister of Health and Welfare.
(3) Notwithstanding the provisions of Article 5, the first executive officers of the Mutual-Aid Association to be appointed after this Act enters into force shall be appointed by the Minister of Science and Technology, from among the incorporators.
(4) When the chief director of the Mutual-Aid Association is appointed pursuant to paragraph (3), the incorporators shall transfer administrative affairs to the chief director without delay.
(5) The incorporators shall be deemed dismissed upon completing transfer of administrative affairs referred to in paragraph (4).
ADDENDA <Act No. 11442, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.