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CHILD BENEFITS ACT

Act No. 15539, Mar. 27, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to promote the fundamental rights and welfare of children by paying child benefits thereto to reduce the economic burden of fostering them and to create an environment for their sound growth.
 Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows:
1. The term “entitlement to child benefits” means a right to receive child benefits prescribed in this Act;
2. The term “person entitled to child benefits” means a child entitled to child benefits;
3. The term “eligible child” means a child who is planned to receive or receives child benefits following a determination for paying child benefits prescribed in Article 9;
4. The term “protector” means a person having parental authority, a guardian or other person actually protecting an fostering a child.
 Article 3 (Responsibilities of the State)
(1) The State and local governments shall strive to keep child benefits at the level necessary for easing the economic burden of fostering children and creating an environment for their sound growth.
(2) The State and local governments shall create funds so as to bear the necessary expenses pursuant to paragraph (1).
(3) A protector shall use child benefits to promote the fundamental rights and welfare of children.
CHAPTER II APPLICATION FOR AND PAYMENT OF CHILD BENEFITS
 Article 4 (Persons Eligible for Payment of Child Benefits)
(1) Child benefits shall be paid to a child under age six, based on the economic level determined by reflecting the income or property of his/her protector and household members, the characteristics of his/her household, etc. In such cases, the Minister of Health and Welfare shall determine standards for selecting persons eligible for the payment of child benefits so as to ensure that the economic level of the household of an eligible child is below that of 90/100 of all households consisting of at least two members.
(2) Notwithstanding paragraph (1), any of the following children under age six shall be a person eligible for payment under this Act:
1. A child paid at least one of the benefits prescribed in Article 7 (1) 1 through 4 of the National Basic Living Security Act;
2. A child subject to protection at a child rearing facility referred to in Article 52 (1) 1 of the Child Welfare Act or a communal home referred to in Article 52 (1) 4 thereof;
3. Other child determined by the Minister of Health and Welfare.
(3) Child benefits amounting to 100 thousand won shall be paid monthly, the amount of which may be partially reduced, based on the economic level, etc. of the protectors or household members of the relevant child.
(4) Matters necessary for standards and methods for selecting persons eligible for payment under paragraph (1), the payment amount prescribed in paragraph (3), etc. shall be prescribed by Presidential Decree.
 Article 5 (Providing Information Related to Child Benefits)
(1) The Minister of Health and Welfare, or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall provide the protector of a child under age six with information related to child benefits, such as persons eligible for payment of child benefits, payment amount thereof, and method for applying therefor.
(2) The Minister of Health and Welfare, or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may, if necessary for providing information related to child benefits prescribed in paragraph (1), request the head of the relevant agency to provide data or information concerning a child under age six and his/her protector, which falls under Article 7 (2) 2 and 5. In such cases, the head of the relevant agency shall comply with such request except in extenuating circumstances.
(3) Where data or information is provided pursuant to paragraph (2), the fees or usage charges, etc. imposed pursuant to the relevant statute shall be exempted.
(4) Matters necessary for the persons to be provided with information prescribed in paragraph (1), details concerning providing such information, and methods and procedures for providing such information shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 6 (Application for Child Benefits)
(1) A protector or an agent of a protector (hereinafter referred to as “protector, etc.”) prescribed by Ordinance of the Ministry of Health and Welfare, who intends to be paid child benefits, may apply for child benefits to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu.
(2) When filing an application prescribed in paragraph (1), a protector, etc. shall submit a written consent of the protector and his/her household members to the provision of the following data or information:
1. Average balance of deposits and other data or information prescribed by Presidential Decree (hereinafter referred to as “financial information”), among data or information concerning the financial assets and the details of financial transactions conducted under subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;
2. Amount of debt and other data or information prescribed by Presidential Decree (hereinafter referred to as “credit information”), among credit information prescribed in subparagraph 1 of Article 2 of the Credit Information Use and Protection Act;
3. Insurance premiums paid after purchasing an insurance policy prescribed in any subparagraph of Article 4 of the Insurance Business Act, and other data or information prescribed by Presidential Decree (hereinafter referred to as “insurance information”).
(3) Matters necessary for methods and procedures for applying for child benefits prescribed in paragraph (1) and methods and procedures for giving consent prescribed in paragraph (2) shall be prescribed by Presidential Decree.
 Article 7 (Inspection, Inquiry, etc.)
(1) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may request the protector applying for child benefits pursuant to Article 6 (hereinafter referred to as “applicant for child benefits”) and the protector of an eligible child to submit such documents or materials concerning his/her income, property, family relations, etc., necessary for verifying entitlement, change or loss of the entitlement to child benefits, the fosterage of a child, and the qualification of the protector; and may have a public official under his/her jurisdiction visit the home or other places of the applicant for child benefits and the protector of an eligible child to inspect documents or necessarily inquire into the relevant person.
(2) If necessary for verifying and investigating the occurrence, change, etc. of the entitlement to child benefits, or for conducting business affairs concerning child benefits, the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may request the head of the relevant agency to provide data or information falling under any of the following, regarding the applicant for child benefits and his/her household members, and the protector of the eligible child and his/her household members. In such cases, the head of the relevant agency shall comply with such request, except in extenuating circumstances:
1. Data or information regarding income and property:
(a) Financial information, credit information and insurance information;
(c) Data or information regarding the land, buildings, automobiles, ships, aircraft, a right of residency at a housing unit and a right of ownership of a housing unit, property of standing trees, a fishery right, and membership rights prescribed in subparagraphs 14 through 18 of Article 6 of the Local Tax Act;
(d) Data or information regarding receipt of national pension, health insurance, employment insurance, industrial accident compensation insurance, patriots and veterans benefits, pension for public officials, military pension, pension for private school teachers and staff, and specific post office pension;
2. Data regarding the registration of foreigners; data regarding immigration of nationals and foreigners prescribed in the Immigration Act; data regarding the domestic residence reports of foreign nationality Koreans prescribed in the Act on the Immigration and Legal Status of Overseas Koreans; data regarding registration of Korean nationals residing abroad prescribed in the Registration of Korean Nationals Residing Abroad Act; data concerning reports of emigration; data regarding reports of emigration renunciation; and data regarding reports of permanent return from overseas prescribed in the Emigration Act;
3. Data or information regarding admission to and discharge from a facility prescribed in the Administration and Treatment of Correctional Institution Inmates Act, the Act on Medical Treatment and Custody, Etc., or the Act on the Treatment of Protected Juveniles, Etc.;
4. Data or information regarding burial, cremation and funerals;
5. Data or information regarding resident registration prescribed in the Resident Registration Act; and data or information regarding registration of family relationship prescribed in the Act on the Registration, etc. of Family Relationships;
6. Data or information regarding reports of missing persons prescribed in the Act on the Protection and Support of Missing Children, Etc. and dispositions related to the management of property of absentees prescribed in Articles 22 through 26 of the Civil Act;
7. Data or information regarding disposition related to child abuse, such as ad hoc measures, protective dispositions, and order to protect child victims prescribed in the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;
8. Data or information prescribed by Presidential Decree, necessary for conducting verification and investigation prescribed in paragraph (1) or child benefits business.
(3) Any visiting, inspecting and inquiring public official prescribed in paragraph (1) shall present to the relevant person an identification card indicating his/her authority and a document stating the matters prescribed by Ordinance of the Ministry of Health and Welfare, such as scope of inspection, a person in charge of inspection, and the relevant statute.
(4) Fees, usage fees, etc. imposed pursuant to the relevant statute shall be exempted where data or information is provided pursuant to paragraph (2).
(5) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may jointly use administrative information prescribed in Article 36 (1) of the Electronic Government Act to obtain the resident registration domiciles of children under the age six and their protectors.
(6) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may reject an application for child benefits where the applicant for child benefits fails to submit documents or data prescribed in paragraph (1) or submits false documents or data; or where the applicant for child benefits refuses, obstructs or evades the inspection or inquiry or gives a false answer.
(7) Except as otherwise provided for in this Act, the Framework Act on Administrative Investigations shall apply to the scope, timing, details, procedures, methods, etc,. of inspection and inquiry prescribed in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
 Article 8 (Providing Financial Information, etc.)
(1) Notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act, the Minister of Health and Welfare may, by an electronic version of a written consent submitted pursuant to Article 6 (2), request the head of a financial institution, etc., (referring to a financial company, etc. prescribed in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, and a credit information collection agency prescribed in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter referred to as “financial institution, etc.”) to provide financial information, credit information or insurance information (hereinafter referred to as “financial information, etc.”).
(2) If deemed necessary for conducting an investigation for verifying the qualification of a person entitled to child benefits, the Minister of Health and Welfare may, by a document specifying the personal information according to the standards determined by Presidential Decree or through the information and communication network, request the head of a financial institution. etc, to provide financial information, etc. concerning the protector and household members, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(3) The head of a financial Institution, etc., upon receipt of a request to provide financial information, etc. pursuant to paragraphs (1) and (2), shall provide the financial information, etc. regarding the holder of a title deed and the subject of the relevant credit information, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(4) The head of a financial institution, etc. providing financial information, etc. pursuant to paragraph (3) need not inform the fact of providing such financial information, etc. to the holder of a title deed and the subject of the relevant credit information, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (7) of the Credit Information Use and Protection Act: Provided, That the head of a financial institution, etc. shall inform the fact of providing financial information, etc. if the holder of a title deed and the subject of the relevant credit information so request.
(5) Request for provision of financial information, etc. and the provision thereof under paragraphs (1) through (3) shall be conducted by using the information and communications network prescribed in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: Provided, That this shall not apply to extenuating circumstances, such as where the information and communications network malfunctions.
(6) No person who engages or has ever engaged in any business affairs prescribed in paragraphs (1) through (4) (including persons delegated or entrusted with authority pursuant to Article 23) shall use any financial information, etc. acquired in the course of conducting such business affairs for purposes, other than those determined by this Act, or provide or disclose such financial information, etc. to third persons.
(7) Matters necessary for a request for the provision of financial information, etc. or the provision thereof prescribed in paragraphs (1) through (5) shall be prescribed by Presidential Decree.
 Article 9 (Determination, etc. on Payment of Child Benefits)
(1) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall determine whether to pay child benefits after verifying matters concerning the entitlement, change or loss of entitlement to child benefits through the inspection, inquiry, etc. prescribed in Article 7. In such cases, where the level of the income and property of the protector and his/her household members evaluated based on all or part of data or information provided by the head of the relevant agency or the head of a financial institute, etc. pursuant to Article 7 (2) or 8 (3) does not exceed the standard determined by the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may partially omit the relevant inspection, by presuming that the standards of selecting persons eligible for payment of child benefits prescribed in this Act are met, and determine whether to pay child benefits.
(2) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall, when determining as prescribed in paragraph (1), notify without delay the applicant for child benefits in written or by electronic means, by concretely clarifying the details and reason of such determination.
(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may cancel determination on payment of child benefits, where the protector of an eligible child fails to submit, or submits false documents or data prescribed in Article 7 (1), or refuses, obstructs or evades an inspection or inquiry or provides a false answer.
(4) Matters necessary for the procedures and notification of determination and cancellation thereof under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 10 (Timing, Methods, etc. for Paying Child Benefits)
(1) Regarding an eligible child who is determined to be paid child benefit pursuant to Article 9 (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall pay child benefits to such eligible child or his/her protector monthly from the month an application for child benefits is filed until the month immediately before the month to which his/her 6th birthday belongs: Provided, That, where, for a protective measure, an eligible child is placed in a child rearing facility or communal home prescribed in Article 52 (1) 1 or 4 of the Child Welfare Act, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may wholly or partially pay child benefits by puting them into the account under the name of the eligible child which is opened according to the asset formation support programs referred to in Article 42 of the Child Welfare Act.
(2) Notwithstanding paragraph (1), where an application for child benefits is filed within 60 days including the date of birth of a child after he/she was born, child benefits shall be paid retroactively from his/her month of birth: Provided, That when an application for child benefits is not filed within 60 days including the date of the birth of a child after he/she was born, due to extenuating circumstances prescribed by Ordinance of the Ministry of Health and Welfare, no period during which any such reason for failure exists shall be included in the abovementioned period of up to 60 days.
(3) Child benefits shall be paid in cash: Provided, That the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may pay them in any other manner determined by municipal ordinance of the relevant local government, as prescribed by Presidential Decree.
(4) In addition to matters prescribed in paragraphs (1) through (3), those necessary for timing, methods, procedures, etc. for paying child benefits shall be prescribed by Presidential Decree.
CHAPTER III EX POST FACTO MANAGING ELIGIBLE CHILDREN
 Article 11 (Unpaid Child Benefits)
(1) Where any amount of child benefits remains unpaid to an eligible child who has died (hereinafter referred to as “unpaid child benefits”), the protector of such eligible child as at the time of his/her death may claim unpaid child benefits. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall determine without delay whether to pay such unpaid child benefits and notify the protector of such determination.
(2) Matters necessary for procedures, methods, etc. for claiming unpaid child benefits prescribed in paragraph (1) shall be prescribed by Presidential Decree.
 Article 12 (Change of Protector for Protecting Eligible Child)
(1) If necessary for protecting an eligible child in any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may, directly or at the request of the application by his/her protector, etc., pay child benefits to any other protector or request any other protector to manage child benefits:
1. Where a temporary measure prescribed in Article 19 of that Act or a protective measure prescribed in Article 36 thereof is taken against a protector who is paid or manages child benefits; or a child victim protection order prescribed in Article 47 of the Act is issued against such protector due to child abuse prescribed in subparagraph 4 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes;
2. Where it is actually difficult or improper for a protector paid or managing child benefits to protect the child because the protector is confined in a correctional institution prescribed in subparagraph 1 of Article 2 of the Administration and Treatment of Correctional Institution Inmates Act, a medical treatment and detention facility prescribed in Article 16-2 of the Act on Medical Treatment and Custody, Etc. or a juvenile reformatory or a Juvenile Classification Review Board prescribed in Article 2 of the Act on the Treatment of Protected Juveniles, Etc.: Provided, That the foregoing provisions shall not apply where a female prisoner rears her infant who is an eligible child, in a correctional institution pursuant to Article 53 of the Administration and Treatment of Correctional Institution Inmates Act;
3. Other cases prescribed by Presidential Decree for protecting an eligible child.
(2) Matters necessary for procedures, methods, etc. for changing a protector prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 13 (Suspending Payment of Child Benefits)
(1) In any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall suspend the payment of child benefits from the month following the date the relevant ground occurs until the month to which belongs the date the relevant ground ceases to exist:
1. Where the period of staying abroad by an eligible child is at least 90 days: In such cases, the period of staying abroad by an eligible child who stays abroad as at the time of applying for child benefits shall be reckoned from the date he/she left the country (referring to the date of his/her birth where he was born abroad);
2. Where an eligible child is presumed to have died, as prescribed by Presidential Decree, or has gone missing or disappeared;
3. Other cases prescribed by Presidential Decree, corresponding to those referred to in subparagraphs 1 and 2.
(2) Where the protector of an eligible child fails to submit or submits false documents or materials prescribed in Article 7 (1), or refuses, obstructs or evades any inspection or inquiry, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may suspend the payment of child benefits.
(3) Matters necessary for procedures, etc. for suspending the payment prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 14 (Loss of Entitlement to Child Benefits)
Where an eligible child falls under any of the following subparagraphs, he/she shall lose the entitlement to child benefits from the month following the month to which belongs the date the relevant ground occurs:
1. Where he/she dies;
2. Where he/she loses the nationality of the Republic of Korea;
3. Where any other cause occurs for losing the entitlement to child benefits prescribed by Presidential Decree.
 Article 15 (Reports)
(1) In any of the following cases, a protector paid or managing child benefits shall report the fact to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu within 30 days, as prescribed by Presidential Decree: Provided, That in cases falling under subparagraph 2 (limited to cases falling under subparagraph 1 of Article 14), the person responsible for filing reports prescribed in Article 85 of the Act on the Registration, etc. of Family Relationships shall report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu:
1. Where a ground for suspending payment prescribed in Article 13 (1) occurs or ceases to exist;
2. Where a ground for loss of the entitlement to child benefits prescribed in any subparagraph of Article 14 occurs or ceases to exist;
3. Where there occurs a change prescribed by Presidential Decree to the income and property of the protector and his her household members;
4. Where there occurs any other cause prescribed by Ordinance of the Ministry of Health and Welfare.
(2) Where the person responsible for filing reports prescribed in Article 85 of the Act on the Registration, etc. of Family Relationships files a report on death of an eligible child pursuant to Article 84 of that Act, he/she shall be deemed to file a report under the proviso to the main sentence of paragraph (1).
(3) Matters necessary for the details, methods, procedures, etc. of filing a report prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 16 (Recovery of Child Benefits)
(1) In any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall recover the child benefits paid pursuant to Article 4, as prescribed by Presidential Decree. In such cases, the paid child benefits shall, in cases falling under subparagraph 1, be recovered with interest:
1. Where child benefits are received in a false or otherwise unjustified manner;
2. Where child benefits are paid during the period of payment suspension;
3. Where child benefits are erroneously paid due to any other cause.
(2) Where any child benefits are to be paid to a person subject to recovery, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may offset the child benefits to be paid with the child benefits to be recovered pursuant to paragraph (1) (hereinafter referred to as “recovery money).
(3) Where a ground for recovery prescribed in paragraph (1) occurs, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may either suspend the payment of child benefits and request the protector of an eligible child to clearly explain such ground or conduct an inspection and inquiry prescribed in Article 7.
(4) In any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu need not collect the recovery money, notwithstanding paragraph (1):
1. Where the money recovered is less than the amount prescribed by Presidential Decree;
2. Where the person liable to return the recovery money is missing or it is deemed significantly difficult to collect the recovery money due to any ground determined by Presidential Decree.
 Article 17 (Notice of, Demand for, and Collection of Amount Recoupable)
(1) In order to collect the recovery money pursuant to Article 16 (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall give written notice of the payment specifying the amount of such recovery money, the deadline for payment thereof, etc.
(2) Where a person given notice prescribed in paragraph (1) fails to pay the recovery money by the deadline for payment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall urge him/her to pay it by a specific deadline, as prescribed by Presidential Decree.
(3) Where a person urged to pay the recovery money pursuant to paragraph (2) fails to pay it by a specific deadline, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall collect it pursuant to precedents on dispositions of default on local taxes.
CHAPTER IV PROTECTION OF RIGHT OF PERSON ENTITLED TO CHILD BENEFITS
 Article 18 (Protection of Entitlement to Child Benefits)
(1) No entitlement to child benefits shall be transferred or provided as collateral, nor become subject to seizure.
(2) No money or valuables provided as child benefits shall be seized.
 Article 19 (Filing of Appeals)
(1) A person dissatisfied with any determination made under Article 9 (1) or any other disposition imposed under this Act may file an appeal with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu.
(2) An objection prescribed in paragraph (1) shall be raised in writing within 90 days from the date the relevant person becomes aware of such disposition: Provided, That where he/she has proved that he/she could not raise an objection within the aforementioned period due to any justifiable ground, he/she may raise an objection within 60 days from the date the relevant ground ceases to exist.
(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall examine an objection within 30 days from the date when an objection is raised pursuant to paragraph (2); and shall rectify the disposition or take other necessary measures if such disposition is deemed illegal and unjust: Provided, That where there are extenuating circumstances where measures cannot be taken within the period, such period may be extended by up to 30 days.
(4) In addition to matters expressly provided for in paragraphs (1) through (3), those necessary for the procedures and methods for raising an objection, and for the operation of systems for raising an objection shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 20 (Prescription)
If the right of persons entitled to child benefits and the right to collect the recovery money prescribed in Article 16 are not exercised within five years, they shall be extinguished by extinctive prescription.
 Article 21 (Establishment and Operation of Information System for Child Benefits)
For efficiently processing and managing data and information related to child benefits prescribed in this Act and computerizing business affairs for recording and management, the Minister of Health and Welfare may establish and operate a child benefits information system by linking to and utilizing the social security information system prescribed in Article 37 (2) of the Framework Act on Social Security, as prescribed by Presidential Decree.
 Article 22 (Collection, etc. of Data and Information)
The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the Social Security Information Service entrusted with the business affairs prescribed in Article 23 (2) may process the documents, data or information submitted or provided under Article 7, to facilitate business affairs related to child benefits.
 Article 23 (Delegation, Entrustment, etc. of Authority)
(1) The authority of the Minister of Health and Welfare under this Act may be partially delegated to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may entrust their business affairs to the Social Security Information Service prescribed in Article 29 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries, as prescribed by Presidential Decree.
(3) A person delegated or entrusted with the authority prescribed in paragraph (1) or (2) shall be exempted from the charges, fees, etc. to be imposed under the relevant statutes on the data or information provided under Article 7.
(4) Where the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu entrusts their business affairs pursuant to paragraph (2), expenses incurred in conducting such business affairs may be subsidized within budgetary limits.
CHAPTER VI PENALTY PROVISIONS
 Article 24 (Penalty Provisions)
(1) Any person who uses financial information, etc. for any other purpose or provides or discloses financial information, etc. to third persons in violation of Article 8 (6), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
(2) Any person who is paid child benefits falsely or otherwise unjustly shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won.
 Article 25 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee, or other servant of a corporation or an individual violates Article 24 (1) in connection with the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual also shall be punished by a fine prescribed in the relevant provisions: Provided, That this shall not apply where the corporation or individual continuously attended to and supervised the relevant affairs in order to prevent such violation.
 Article 26 (Administrative Fines)
(1) Any person who fails to submit or submits false documents or data prescribed in Article 7 (1), or refuses, obstructs or evades an inspection and inquiry, or makes false replies shall be punished by an administrative fine not exceeding 200 thousand won.
(2) Any person who fails to file a report prescribed in Article 15 without any justifiable ground shall be punished by an administrative fine not exceeding 100 thousand won.
(3) Administrative fines prescribed in paragraphs (1) and (2) shall be imposed and collected by the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enters into force on September 1, 2018.
Article 2 (Preparatory Acts for Implementing the Act)
(1) If necessary for implementing this Act, the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may receive applications for child benefits pursuant to Article 6 (1), before this Act enters into force.
(2) Regarding any of the following children before this Act enters into force, the procedures concerning applying for child benefits prescribed in Article 6 may be wholly or partially omitted, and an inspection conducted under Article 7 may be partially omitted: Provided, That this shall not apply where fully or partially omitting such procedures is against the express will of a protector, etc.:
1. Infants who receive subsidies for expenses prescribed in Articles 34 and 34-2 of the Infant Care Act (including infants for whom an application for support for expenses has been filed before August 31, 2018, but to whom such support is still not granted);
2. Infants who receive subsidies for expenses for early childhood education prescribed in Article 24 of the Early Childhood Education Act (including infants for whom an application for subsidies for expenses has been filed before August 31, 2018, but to whom such support is not still granted);
3. Children who receive subsidies for expenses for child care prescribed in Article 20 of the Child Care Support Act (including infants for whom an application for subsidies for expenses has been filed before August 31, 2018, but to whom such support is not still granted);
4. Persons eligible for support who are provided with social security benefits pursuant to the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries (including children for whom an application for social security benefits has been filed before August 31, 2018, but to whom such benefits are still not granted).
(3) If deemed necessary for implementing this Act, the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may request the head of the relevant agency to provide, pursuant to Article 5 (2), the data or information regarding children under the age six and their protectors which is necessary for providing information related to child benefits before this Act enters into force, may either inspect and inquire into applicants for child benefits pursuant to Article 7 (1) (including protectors of the children for whom procedures for applying for child benefits are wholly or partially omitted pursuant to Article 2 (2) of the Addenda; hereinafter the same shall apply) or request the head of the relevant agency to provide data and information regarding applicants for child benefits and their household members pursuant to Article 7 (2); and may jointly use administrative information prescribed in Article 36 (1) of the Electronic Government Act pursuant to Article 7 (5). In such cases, the head of the relevant agency requested to provide data or information shall do so, except in extenuating circumstances.
(4) If deemed necessary for implementing this Act, the Minister of Health and Welfare may request the head of a financial institution, etc. to provide financial information, etc. pursuant to Article 8 (1) before this Act enters into force, and may request financial information, etc. in writing specifying personal information concerning the relevant persons or through the information and communication network, where procedures for application are wholly or partially omitted pursuant to paragraph (2) of this Article and no written consent is given to the provision of financial information, etc. In such cases, the head of a financial institution, etc. requested to provide financial information, etc. shall provide financial information, etc. on the holder of a title deed and the subject of the relevant credit information, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(5) The head of a financial institution, etc. providing financial information, etc. pursuant to paragraph (4) may choose not to notify the fact of providing financial information, etc. to the holder of a title deed and the subject of the relevant information, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (7) of the Credit Information Use and Protection Act: Provided, That if the holder of a title deed and the subject of the relevant credit information request the notification of such fact, the head of a financial institution, etc. providing financial information, etc. shall notify it.
(6) A request for providing financial information, etc. prescribed in paragraph (4), and providing the same shall be made using the information and communications network prescribed in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: Provided, That this shall not apply in extenuating circumstances, such as damage to the information and communication network.
(7) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may take measures necessary for implementing systems for child benefits, such as determination on payment thereof, before this Act enters into force.
(8) If deemed necessary for implementing this Act, the Minister of Health and Welfare may take measures necessary for establishing and operating a child benefits information system prescribed in Article 21, before this Act enters into force.
Article 3 (Applicability to Suspending Payment of Child Benefits)
Regarding an eligible child who stays abroad as at the time this Act enters into force, the period of staying abroad under Article 13 (1) 1 shall be reckoned from the date he/she left the country (referring to the date of his/her birth where he/she was born abroad);
Article 4 (Transitional Measures regarding Individual Information)
Any of the following individual information as at the time this Act enters into force shall be deemed the individual information collected, managed and held pursuant to Article 7:
1. Individual information collected, managed and held regarding subsidizing expenses prescribed in Articles 34 and 34-2 of the Infant Care Act;
2. Individual information collected, managed and held regarding subsidizing expenses for early childhood education prescribed in Article 24 of the Early Childhood Education Act;
3. Individual information collected, managed and held regarding subsidizing expenses for child care service prescribed in Article 20 of the Child Care Support Act;
4. Individual information collected, managed and held pursuant to Article 7 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries.