WELFARE OF SENIOR CITIZENS ACT
Wholly Amended by Act No. 5359, Aug. 22, 1997
Amended by Act No. 5453, Dec. 13, 1997
Act No. 5851, Feb. 8, 1999
Act No. 6124, Jan. 12, 2000
Act No. 6916, May 29, 2003
Act No. 7152, Jan. 29, 2004
Act No. 7452, Mar. 31, 2005
Act No. 7585, Jul. 13, 2005
Act No. 8200, Jan. 3, 2007
Act No. 8367, Apr. 11, 2007
Act No. 8366, Apr. 11, 2007
Act No. 8385, Apr. 25, 2007
Act No. 8435, May 17, 2007
Act No. 8608, Aug. 3, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8974, Mar. 21, 2008
Act No. 9386, Jan. 30, 2009
Act No. 9932, Jan. 18, 2010
Act No. 9964, Jan. 25, 2010
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promotion of health and welfare of the aged through preventing or finding in advance the sickness of the aged, sustaining mental and physical health by proper treatment and recuperation suitable for conditions of the sickness, and devising appropriate measures for stability of lives of the aged.
| Article 1-2 (Definitions) |
Definitions of the terms used in this Act shall be as follows:
<Amended by Act No. 8200, Jan. 3, 2007>
| 1. | The term "eligible supporter" means the spouse (including persons in the relation of
de facto marriage) and the lineal descendants and their spouses (including persons in the relation of
de facto marriage);
|
| 2. | The term "guardian" means the eligible supporter or persons who make
de facto protection of the aged due to the relations of business or employment, etc.;
|
| 3. | The term "dementia" means the acquired multiple disorders impeding daily life because functions such as memory, speech ability, orientation, judgment and performance ability, etc. are deteriorated due to a degenerative brain disease or a disease of brain vessel system, etc.; and |
| 4. | The term "maltreatment of the aged" means the acts of using physical, mental, emotional and sexual violence on and the economic exploitation or the atrocities or the desertion or noninterference of the aged. |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 2 (Fundamental Ideas) |
| (1) | The aged shall be respected as they have contributed to the upbringing of descendants and the development of the State and society, and therefore their sound and stable lives shall be secured. |
| (2) | The aged shall be afforded the opportunities to be engaged in proper jobs and to participate in social activities depending on their abilities. |
| (3) | The aged shall, with recognizing mental and physical changes as they get old, try to maintain mental and physical health at all times and contribute to the development of society by utilizing their knowledge and experience. |
| Article 3 (Support and Promotion for Family System) |
The State and people shall make efforts to support and promote the sound family system on the basis of the good morals and manners of respecting the aged and loving their parents.
| Article 4 (Responsibility for Promotion of Health and Welfare) |
| (1) | The State and local governments shall be responsible for the promotion of the health and welfare of the aged, and shall devise and implement measures for these purposes. |
| (2) | In deliberating the measures under paragraph (1), the State and local governments shall make efforts to accomplish the fundamental ideas prescribed by Article 2. |
| (3) | A person who operates a business related to daily lives of the aged shall make efforts to promote the health and welfare of the aged as he operates the relevant business. |
| Article 5 (Investigation into Actual Conditions of the Aged) |
| (1) | The Minister of Health and Welfare shall investigate the actual conditions of the health and welfare of the aged every three years and publicly announce the results thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | Matters necessary for method and details, etc. of investigation under paragraph (1) shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
[This Article Added by Act No. 8200, Jan. 3, 2007]
| Article 6 (Aged Day, etc.) |
| (1) | In order to enhance social concern for the aged and the consciousness on the value of respecting the aged, the Aged Day shall be kept on October 2 every year and the Aged Month in October every year. |
| (2) | For enhancement of filial piety, the Parents Day shall be kept on May 8 every year. |
| (3) | In order to enhance social understanding on the prevention and cure of dementia, the Conquest Day over Dementia shall be kept on September 21 every year.
<Added by Act No. 8200, Jan. 3, 2007> |
| Article 7 (Counselor for Welfare of the Aged) |
| (1) | In order to take charge of the welfare of the aged, counselors for welfare of the aged shall be placed in Special Self-Governing Province and Si/Gun/Gu (referred to an autonomous Gu; hereinafter the same shall apply). <Amended by Act No. 8608, Aug. 3, 2007> |
| (2) | Matters necessary for the appointment, commission, duties and remunerations, etc. of the counselor for welfare of the aged shall be determined by Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999> |
| Article 8 (Residential Facilities For the Aged Only) |
The State or local governments shall promote the provisions of residential facilities that have functions and equipment suitable for the aged, and may provide appropriate support for the provider of the residential facilities.
| Articles 9 through 22 Deleted.<by Act No. 8385, Apr. 25, 2007> |
CHAPTER III DISPOSITIONS OF HEALTH AND WELFARE
| Article 23 (Assistance to Social Participation of the Aged) |
| (1) | The State or local governments shall, in order to expand the social participation of the aged, make efforts to expand the opportunities of community service activities for the aged, to devise the policies to develop and diffuse the occupational categories suitable for the aged, and to preferentially provide the job opportunities to the aged who have labor capacity. |
| (2) | The State or local governments may, in order to aim at the activation of community service activities and employment for the aged, provide the necessary assistance to the welfare agencies for the aged such as community service agencies of the aged and recruiting agencies for the aged, etc. |
| Article 23-2 (Establishment and Operation of Institution in Exclusive Charge of the Aged's Jobs) |
| (1) | The State and local governments may establish and operate the institution in exclusive charge of development, diffusion of jobs meeting the aged's ability and aptitude and of their education and training, etc. (hereinafter referred to as the "institution in exclusive charge of the aged's jobs"), or entrust the whole or part of its operation to corporations and organizations, etc. |
| (2) | Matters necessary for the establishment, operation or entrustment of the institution in exclusive charge of the aged's jobs shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 7585, Jul. 13, 2005]
| Article 24 (Commissioning of Community Service Counselor and His Duties) |
| (1) | The State or local governments may, in cases where the aged of public reputation and experiences desire to engage in the community services, commission him as a community service counselor. |
| (2) | Duties of community service counselors under paragraph (1) shall be as follows: |
| 1. | Consultation and advice for civil petitioners from among the affairs performed by the State or local governments; |
| 2. | Traffic control, assistances to the parking/stopping control, assistances to the control of deeds against preservation of nature and environmental impairment and juvenile guidance; |
| 3. | Education of cultural heritage such as ideas of loyalty and filial piety, and traditional etiquettes; |
| 4. | Protection and guidance of cultural properties; and |
| 5. | Others determined by Presidential Decree. |
| Article 25 (Assistance to Occupation) |
In cases where the permission or consignment of installations of stores or vending machines for the sale of such daily living necessaries as foodstuffs, office supplies and newspapers, etc. in the public facilities which are established and operated by the State, local governments, or other public agencies, an application by the persons of 65 years old or over shall have a priority.
| Article 26 (Preferential Treatment for the Aged) |
| (1) | The State or local governments may provide the persons of 65 years old or over with a free admission or an admission with discounted fee to such public facilities as transportation facilities of the State or local governments, ancient palaces, royal tomb gardens, museums, parks, etc. under the provisions of Presidential Decree. |
| (2) | The State or local governments may persuade the persons who operate a business related to daily lives of the aged to grant a discounted charge to the persons of 65 years old or over. |
| (3) | The State or local governments may extend proper assistance to the persons who grant a discount charge to the aged under paragraph (2). |
| Article 27 (Health Examination, etc.) |
| (1) | The State or local governments may conduct health examination and education for the persons of 65 years old or over under conditions as prescribed by Presidential Decree. |
| (2) | The State or local governments shall, in cases where deemed necessary |
in view of the result of health examination under paragraph (1), provide the persons who have undergone the relevant health examination with the necessary guidance.
| Article 27-2 (Support to the Aged Living Alone) |
| (1) | The State or local government shall provide the aged living alone with services such as visiting medical treatment service, etc. and take protective measures such as safety confirmation, etc. |
| (2) | Specific details of services and protective measures under paragraph (1) shall be prescribed by the Minister for Health, Welfare and Family Affairs. |
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 28 (Dispositions of Counseling, Admission, etc.) |
| (1) | The Minister of Health and Welfare, Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall take following measures, where deemed necessary for the promotion of welfare for the aged: <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| 1. | To have the relevant public officials or counselors for welfare of the aged extend consultation and guidance to persons 65 years or older or persons who protect them; |
| 2. | To have persons 65 years or older, who face a difficulty for being protected at their home due to physical, mental, economic or circumstantial reasons, enter residential welfare facilities for the aged or the commuting-system welfare facilities for the aged, or to entrust their entrance; |
| 3. | To have persons 65 years or older, who need continuous protection due to serious physical or mental defects and face a difficulty in being protected at their home due to economic reasons, enter medical welfare facilities for the aged, or to entrust their entrance. |
| (2) | The Minister of Health and Welfare, Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "welfare execution agency") may, where deemed necessary for them to be protected due to their serious senility symptoms, take measures falling under any subparagraph of paragraph (1) even for persons 65 years or older. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | Where a person who has been admitted into a facility under paragraph (1) or (2) has died, and where there exists no person to hold his/her funeral, the welfare facility may hold a funeral or have the head of the relevant facility hold the funeral. |
| Article 29 (Dementia Management Projects) |
| (1) | The State or local governments shall implement research and management projects on dementia in order to prevent and combat dementia. |
| (2) | Details of affairs of research and management projects on dementia under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 29-2 (Establishment of Dementia Advice Center) |
| (1) | A dementia advice center for prevention of dementia and management of dementia patients shall be established in the competent health center of a Si/Gun/Gu. |
| (2) | Affairs and criteria of human resources of a dementia advice center under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
[This Article Added by Act No. 8200, Jan. 3, 2007]
| Article 30 (Medical Treatment Projects for Rehabilitation of the Aged) |
| (1) | The State or local governments may implement medical treatment projects for rehabilitation of the aged who need physical or mental rehabilitation treatments. |
| (2) | Details of medical treatment projects for rehabilitation of the aged under paragraph (1) and other necessary matters shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
CHAPTER IV ESTABLISHMENT AND OPERATION OF WELFARE FACILITY FOR THE AGED
| Article 31 (Types of Welfare Facilities for the Aged) |
Type of welfare facilities for the aged shall be as follows:
<Amended by Act No. 7152, Jan. 29, 2004>
| 1. | Residential welfare facility for the aged; |
| 2. | Medical welfare facility for the aged; |
| 3. | Leisure welfare facility for the aged; |
| 4. | Commuting system welfare facility for the aged; and |
| 5. | Specialized agency for protection of the aged. |
| Article 31-2 (Relations with Report underSocial Welfare Services Act) |
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 32 (Residential Welfare Institutions for the Aged) |
| (1) | Residential welfare institutions for the aged shall be any of the following institutions: <Amended by Act No. 8608, Aug. 3, 2007> |
| 1. | An institution for the aged: An institution intending to provide the aged admitted thereto with meals and other conveniences necessary for their daily life; |
| 2. | A communal living home for the aged: An institution intending to provide the aged with home-like residential circumstances, meals and other conveniences necessary for their daily life; |
| 3. | A welfare house for the aged: An institution intending to provide conveniences necessary for their daily life such as convenience of residence, guidance of life and advice and safety management, etc. by sale or lease of a residential institution to the aged. |
| (2) | Matters necessary for the aged subject to admission, procedures for admission, expenses for admission, sale and lease of a residential welfare institution for the aged shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8608, Aug. 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | Except as provided for in this Act, the related provisions of the Housing Act shall apply mutatis mutandis to the establishment, management and supply of the welfare house for the aged. <Added by Act No. 5851, Feb. 8, 1999; Act No. 6916, May 29, 2003; Amended by Act No. 8608, Aug. 3, 2007> |
| Article 33 (Establishment of Residential Welfare Facility for the Aged) |
| (1) | The State or local governments may establish residential welfare facilities for the aged. |
| (2) | Where persons, other than the State or local governments, intend to establish residential welfare facilities for the aged, they shall make report to the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu (hereinafter referred to as the "head of a Si/Gun/Gu"). <Amended by Act No. 7452, Mar. 31, 2005; Act No. 8608, Aug. 3, 2007> |
| (3) | Matters necessary for the criteria for the establishment, human resources and operation of the residential welfare facilities for the aged and report on the establishment, matters to be observed by a person who establishes and operates, and other necessary matters shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 33-2 (Qualifications for Admission to Welfare House for the Aged) |
| (1) | A person who is qualified for admission to a welfare house for the aged shall be an aged person from 60 years up (hereinafter referred to as a "person qualified for admission"): Provided, That a spouse of a person qualified for admission may be admitted with the person qualified for admission even if he/she is a person under 60 years of age. |
| (2) | In cases where a person who builds or intends to build a welfare house for the aged intends to sell or lease a welfare house for the aged, he/she shall sell or lease such house to a person qualified for admission. |
| (3) | A person to whom a welfare house for the aged has been sold or leased pursuant to paragraph (2) shall not transfer (including purchase and sale, donation or all the other acts accompanied with a change of the ownership; hereinafter the same shall apply) or lease the residential institution for the aged concerned to a person who is not a person qualified for admission. |
| (4) | A person who is not a person qualified for admission may acquire a welfare house for the aged despite paragraph (3) if he/she has inherited a welfare house for the aged: Provided, That even if a person has acquired a welfare house for the aged by inheritance, a person who is not a person qualified for admission shall not be admitted to a welfare house for the aged, and he/she shall not transfer or lease the welfare house for the aged concerned to another person who is not a person qualified for admission. |
| (5) | The head of Si/Gun/Gu may limit the number of supplying households and a floor area (limited to the area used for the purpose of residence) by household of the welfare house for the aged not exceeding a certain size taking into account the population of the aged, the actual conditions of demand and supply of residential welfare institutions for the aged and the efficient utilization of the welfare house for the aged, etc. in the area. |
| (6) | A person who has built the welfare house for the aged pursuant to Article 33 (2) may operate the whole or part of the welfare house for the aged concerned by entrustment to a person prescribed by Presidential Decree with approval of the head of Si/Gun/Gu. |
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 33-3 (Orders of Disposal of Welfare House for the Aged to Person Disqualified for Admission) |
The head of Si/Gun/Gu may order a person who owns a welfare house for the aged (excluding a person who has inherited it) as a person disqualified for admission to dispose of the welfare house for the aged concerned within a reasonal period of time fixed.
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 34 (Medical Welfare Institutions for the Aged) |
| (1) | Medical welfare institutions for the aged shall be the institutions of the following subparagraphs: <Amended by Act No. 8608, Aug. 3, 2007> |
| 1. | A sanatorium for the aged: An institution intending to provide meals, medical treatment and other convenience necessary for daily life for the aged admitted thereto who need help because senile diseases such as dementia, paralysis, etc. have caused serious mental and physical disability to them; |
| 2. | A medical treatment and communal living home for the aged: An institution intending to provide home-like residential circumstances, meals, medical treatment and other convenience necessary for daily life for the aged who need help because senile diseases such as dementia, paralysis, etc. have caused serious mental and physical disability to them; |
| 3. | A special hospital for the aged: An institution mainly providing medical treatment for the aged. |
| (2) | Matters necessary for the aged subject to admission, expenses for admission and procedures for admission to a medical welfare institution for the aged and matters to be observed by a person who establishes and operates such institution shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8608, Aug, 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 35 (Establishment of Medical Welfare Institutions for the Aged) |
| (1) | The State or local governments may establish medical welfare institutions for the aged. |
| (2) | Where a person, other than the State or local governments, intends to establish a medical welfare institution for the aged, he/she shall report to the head of a Si/Gun/Gu: Provided, That the special hospitals for the aged may be established by only those who are qualified to open a medical institute under the Medical Service Act (excluding dentists and midwives) with permission of the Mayor/Do Governor. <Amended by Act No. 7452, Mar. 31, 2005> |
| (3) | Matters necessary for the criteria for the establishment, human resources and operation, and the report and permission of establishment of medical welfare institutions for the aged, etc. shall be prescribed by Ministerial Decree of Health and Welfare: Provided, That the provisions concerning intermediate care hospitals among those concerning the criteria for the institutions, etc. of medical institutes under Article 36 of the Medical Service Act shall apply mutatis mutandis to the criteria for the facilities, etc. of special hospitals for the aged, but the same shall not apply to any such case as otherwise prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8366, Apr. 11, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (4) | Except as provided for in this Act, the Medical Service Act shall apply mutatis mutandis to special hospitals for the aged. <Amended by Act No. 9386, Jan. 30, 2009> |
| Article 36 (Leisure and Welfare Institutions for the Aged) |
| (1) | Leisure and welfare institutions for the aged shall be any of the following institutions: <Amended by Act No. 8608, Aug. 3, 2007> |
| 1. | A senior welfare center: An institution intending to provide various information and services for culture, hobby and social activities, etc. of the aged, and other services necessary for the promotion of health, prevention of diseases, guarantee of income, welfare at home and promotion of welfare for the aged; |
| 2. | A hall for the aged: Facilities aiming to provide places to the aged in the neighborhood for them to promote friendship and enjoy hobby activities, operation of a group workshop, information exchanges and other leisure activities; |
| 3. | Classrooms for the aged: Facilities that provide classes for sound hobby activities, health maintenance, income security and other study programs related to daily lives, in order to satisfy their desire for taking part in social activities; |
| 4. | Recreation centers for the aged: Facilities that provide, for a short period, facilities for hygiene, leisure and other convenience for the physical and mental relaxation of the aged. |
| (2) | Matters necessary for users and procedures for usage of leisure welfare institutions for the aged shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 37 (Establishment of Leisure and Welfare Institutions for the Aged) |
| (1) | The State or local governments may establish a leisure and welfare institution for the aged. |
| (2) | Where persons, other than the State or local governments, intend to establish leisure welfare institutions for the aged, they shall make report to the head of a Si/Gun/Gu. |
| (3) | Matters necessary for the criteria for the establishment, human resources and operation and the report on establishment of leisure welfare institutions for the aged, etc. shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 38 (Welfare Institution for the Aged at Home) |
| (1) | The term "welfare institution for the aged at home" means an institution intending to provide more than one kind of services under any of the following subparagraphs: |
| 1. | Visiting medical treatment services: Services that ensure a healthy and stable life of the aged in the community by providing various convenience necessary for the aged, who live a daily life at home, suffering difficulties due to physical and mental lesions as those (hereinafter referred to as the "aged at home"); |
| 2. | Day and night protection services: Services to promote the stability of life and the maintenance and improvement of physical and mental functions of the aged physically and mentally weak, or disabled, and to lighten the physical and mental burden of their families by providing various kinds of convenience to the aged who are unable to be protected by their families due to extenuating circumstances by admitting them to protection facilities at day or night; |
| 3. | Short-term protection services: Services to promote welfare of the aged and their families by admitting the aged physically and mentally weak or disabled who need temporary protection because they are unable to be protected by their families due to extenuating circumstances by admitting them to protection facilities for protection of them in a short period; |
| 4. | Visiting bath service: Service visiting the aged at home with bathing utensils to bathe them; |
| 5. | Other services: Other services prescribed by Ministerial Decree of Health and Welfare as services to be provided for the aged at home. |
| (2) | Matters necessary for the aged subject to utilization, bearing of expenses and procedures for utilization of welfare institutions for the aged at home under paragraph (1) shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 39 (Establishment of Commuting System Welfare Facility for the Aged) |
| (1) | The State or local governments may establish commuting system welfare facilities for the aged. |
| (2) | Where persons, other than the State or local governments, intend to establish commuting system welfare facilities for the aged, they shall make report thereon to the head of a Si/Gun/Gu. |
| (3) | Matters necessary for the criteria for the establishment, human resources and operation and the report on establishment of the commuting system welfare facilities for the aged, etc. shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 39-2 (Duties and Issue of License of Caregivers) |
| (1) | A person who establishes and operates a welfare institution for the aged shall employ caregivers in performing duties such as support to physical activities or household activities of the aged, etc. as prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | A person who intends to be a caregiver shall finish a curriculum at an institute for caregiver education under Article 39-3 (hereinafter referred to as "institute for caregiver education") and pass a qualification examination administered by the Mayor/Do Governor. <Amended by Act No. 9964, Jan. 25, 2010> |
| (3) | The Mayor/Do Governor shall issue a license of caregivers to any person who has passed a qualification examination for caregivers under paragraph (2). <Amended by Act No. 9964, Jan. 25, 2010> |
| (4) | The Mayor/Do Governor may charge fees to a person who intends to apply for a qualification examination for caregivers under paragraph (2), and person who has his/her license of caregivers be issued or reissued, as prescribed by Ministerial Decree of Health and Welfare. <Added by Act No. 9964, Jan. 25, 2010> |
| (5) | Matters necessary for curricula, the administration of qualification examinations, and issuance of a licenses of caregivers shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 9964, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 39-3 (Designation of Institute for Medical Treatment and Protection Workers) |
| (1) | The Mayor/Do Governor shall designate facilities meeting the designation standards prescribed by Ministerial Decree of Health and Welfare as institutes for caregiver education and operate them to train caregivers. <Amended by Act No. 9964, Jan. 25, 2010> |
| (2) | Where an institute for caregiver education falls under any of the following cases, the Mayor/Do Governor may order suspension of business or revoke the designation thereof: Provided, That if it falls under subparagraph 1, the resignation thereof shall be revoked: <Added by Act No. 9964, Jan. 25, 2010> |
| 1. | Where it is designated by false or other illegal means; |
| 2. | Where it becomes incompliant with the designation standards referred to in paragraph (1); |
| 3. | Where it fails to provide curricula for at least one year; |
| 4. | Where it fails to file a report or to provide data under Article 42, or files a false report or provides false data, or it refuses, interferes with or evades an investigation or inspection without any justifiable ground. |
| (3) | The Mayor/Do Governor shall hold a hearing when he/she intends to revoke the designation under paragraph (2). <Added by Act No. 9964, Jan. 25, 2010> |
| (4) | Matters necessary for procedures for the designation of an institutes for caregiver education under paragraph (1) and detailed standards and procedures for administrative dispositions under paragraph (2) shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 9964, Jan. 25, 2010> |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 39-4 (Installation, etc. of Emergency Telephone) |
| (1) | The State and local governments shall install emergency telephones so as to prevent any maltreatment of the aged and to receive reports at any time. |
| (2) | Matters necessary for the installation and operation of emergency telephones referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-5 (Establishment of Specialized Agency for Protection of the Aged) |
| (1) | The State and local governments shall establish the specialized agency for protection of the aged in charge of the duties relating to the maltreatment of the aged under each of the following subparagraphs: Provided, That the same shall not apply where other welfare facilities for the aged have been designated as the specialized agency for protection of the aged within the scope prescribed by Presidential Decree: |
| 1. | Publicity for the prevention and preclusion of any maltreatment of the aged; |
| 2. | Finding, counsel and protection of maltreated seniors, and request for medical treatment to the medical institution, and request for admission into the welfare facilities for the aged; |
| 3. | Investigations on persons maltreating the aged, persons reported as those maltreating the aged and their families, or the agencies or facilities making the de facto protection and supervision of the aged due to the relations of duties and employment, etc.; |
| 4. | Counsel and education for the persons maltreating the aged; |
| 5. | Other matters necessary for protection of maltreated seniors. |
| (2) | Qualifications for the employees, such as counselors to be assigned to a specialized agency for protection of the aged, shall be prescribed by Presidential Decree, and matters necessary for its establishment criteria and operation shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-6 (Obligation of and Procedures for Reports on Maltreatment of the Aged) |
| (1) | When anyone has come to know of any maltreatment of the aged, he may file a report thereon with the specialized agency for protection of the aged or the criminal investigation agency. |
| (2) | When the persons falling under any of the following subparagraphs have come to know of any maltreatment of the aged in the course of their duties, they shall promptly file a report thereon with the specialized agency for protection of the aged or the criminal investigation agency:
<Amended by Act No. 8367, Apr. 11, 2007> |
| 2. | Head of the welfare facility for the aged and persons engaged therein; |
| (3) | Identity of the reporter shall be guaranteed, and his identity shall not be disclosed against his will. |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-7 (Obligation for Emergency Measures etc.) |
| (1) | The staff members of a specialized agency for protection of the aged or the judicial police officers who have received a report on maltreatment of the aged as referred to in
Article 39-6 shall promptly move out to the scene of maltreatment of the aged.
|
| (2) | Persons who have moved out to the scene as referred to in paragraph (1) shall separate the maltreated aged from the person maltreating the aged, or when deemed requiring a medical service, guide the aged to the specialized agency for protection of the aged or the medical institution. |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-8 (Appointment of Assistant etc.) |
| (1) | A legal representative, lineal relative, brother and sister of the maltreated aged, counselor or lawyer of the specialized agency for protection of the aged may become an assistant in a trial of the maltreatment case of the aged:
Provided, That if such a person is not a lawyer, he shall obtain permission from the court.
|
| (2) | Where a court interrogates the maltreated aged as the witness, if there exists a request from the principal, public prosecutor or a specialized agency for protection of the aged, it may permit a person in a confidential relationship with the principal sit in company with him. |
| (3) | Procedures as referred to in paragraphs (1) and (2) shall also apply
mutatis mutandis to the case where a criminal investigation agency makes an investigation of the maltreated aged.
|
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-9 (Prohibited Acts) |
No one shall be allowed to commit any act falling under each of the following subparagraphs:
| 1. | Acts to do violence on the body of the aged, or to inflict an injury thereupon; |
| 2. | Acts including sexual violence or harrassment, etc. that cause a sense of sexual shame to the aged; |
| 3. | Acts of desertion of the aged subject to his own protection or supervision, or of noninterference neglecting fundamental protection including the food, clothing and shelter and medical treatment; |
| 4. | Acts to make the aged ask for alms, or to ask for alms by utilizing the aged; and |
| 5. | Acts to use the money and valuables donated or provided to the aged for usages other than their purposes. |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-10 (Duty of Report on Missing Aged Man) |
| (1) | Nobody shall protect a missing aged person (hereinafter referred to as a "missing aged person") broken away from a guardian due to an accident or dementia, etc. without making report to the head of a police station or the head of a local government without justifiable grounds. |
| (2) | The head of a welfare institution for the Aged under
Article 31 (including an institution protecting the aged without authorization, report, etc. as a welfare institution or an institution corresponding to a welfare institution under subparagraph 3 of
Article 2 of the Social Welfare Services Act; hereinafter referred to as a "protection institution") or its employee shall, when he/she has come to identify a missing aged person on his/her duties, immediately make out an identification card prescribed by Ministerial Decree for Health, Welfare and Family Affairs and submit it to the head of a local government and the head of an agency performing the affairs of paragraph (3) 2.
|
| (3) | The Minister for Health, Welfare and Family Affairs shall perform the affairs of the following subparagraphs for the prevention of occurrence, the earliest finding and return of a missing aged person. In such cases, the Minister for Health, Welfare and Family Affairs may entrust a juristic person or an organization related to welfare of the aged with the whole or part of his/her affairs:
<Amended by Act No. 8852, Feb. 29, 2008> |
| 1. | Investigation and research related to the missing aged; |
| 2. | Construction and operation of database for the missing aged; and |
| 3. | Other matters necessary for protection of and support to the missing aged. |
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 39-11 (Investigations etc.) |
| (1) | When the Minister for Health, Welfare and Family Affairs, the Mayor/Do governor or the head of Si/Gun/Gu deems it necessary, he may have the related public officials or the counselors for welfare of the aged gain access to the address or whereabouts of welfare facility for the aged and of the aged, the employment place of the aged, or the place having concerns over violation of the prohibited acts as referred to in Article 39-9, and make a required investigation on the aged or interested parties, or an interrogation thereof. <Amended by Act No. 8852, Feb. 29, 2008> |
| (2) | When necessary to find a missing aged person, the commissioner general of the Korean National Policy Agency, the Mayor/Do governor or the head of Si/Gun/Gu may order the head of a protection institution or its employee to submit necessary report or data, or make a public official under his/her control have access to a protection institution to conduct necessary investigation into or inquiry of the person concerned or the aged concerned. <Added by Act No. 8608, Aug. 3, 2007> |
| (3) | In the case of paragraphs (1) and (2), the related public officials or the counselors for welfare of the aged shall carry an identification indicating their authority, and present it to the aged or the interested parties. <Amended by Act No. 8608, Aug. 3, 2007> |
| (4) | Matters necessary for the details and forms, etc. of the identification as referred to in paragraph (3) shall be prescribed by Ministerial Decree for Health, Welfare and Family Affairs. <Amended by Act No. 8608, Aug. 3, 2007> |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-12 (Prohibition of Divulgence of Secrets) |
Persons who have engaged or are engaged in the duties relating to a protection of the maltreated aged as referred to in this Act shall not divulge any secrets that have come to their knowledge acquired in the course of their duties.
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-13 (Disqualifications of Caregivers) |
No person under any of the following may become a caregiver:
| 1. | A mentally ill person under subparagraph 1 of Article 3 of the Mental Health Act: Provided, That this shall not apply to a person deemed appropriate as a caregiver by a medical specialist; |
| 2. | An addict to a narcotic, marijuana or psychotropic drug; |
| 3. | An incompetent or quasi-incompetent person; |
| 4. | A person who has been sentenced to imprisonment without labor or heavier punishment and in whose case his/her punishment has not been completely executed or the exemption of his/her punishment has not been decided: |
| 5. | A person whose qualification is suspended or forfeited by a court ruling; |
| 6. | A person in whose case one year has not elapsed from the date on which his/her qualification as a caregiver was revoked. |
[This Article Added by Act No. 9964, Jan. 25, 2010]
| Article 39-14 (Revocation of Qualifications as Caregivers) |
| (1) | Where a medical treatment and protection worker falls under any of the following cases, the Mayor/Do Governor may revoke his/her qualification: Provided, That if he/she falls under cases referred to in subparagraphs 1 through 3, his/her revocation shall be revoked: |
| 3. | Where he/she has acquired a license by false or other illegal means; |
| 4. | Where he/she arranges or entices unnecessary medical treatment and protection service for the aged, etc. or encourages such arrangement or enticement for profit-making purposes; |
| 5. | Where he/she lends or transfers his/her license certificate to other persons or forges or falsifies it. |
| (2) | The Mayor/Do Governor shall hold a hearing when he/she intends to revoke the qualification of a caregiver pursuant to paragraph (1). |
| (3) | Necessary matters concerning procedures, etc. for the revocation of qualifications under paragraph (1) shall be prescribed by Ministerial Decree of Health and Welfare. |
[This Article Added by Act No. 9964, Jan. 25, 2010]
| Article 40 (Modification or Closure, etc.) |
| (1) | Where a person who has established residential welfare facilities for the aged under Article 33 (2) or medical welfare facilities for the aged (excluding special hospitals for the aged) under Article 35 (2) intends to modify matters prescribed by Ministerial Decree of Health and Welfare among matters reported on establishment or to close down or suspend such facilities, he/she shall make report in advance to the head of a Si/Gun/Gu in accordance with Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 7452, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | Where a person who has established a special hospital for the aged intends to modify matters prescribed by Ministerial Decree of Health and Welfare among matters reported on establishment, he/she shall obtain permission of such modification from the Mayor/Do Governor in accordance with the Medical Service Act, and if intending to close down or suspend its facilities, make report in advance to the Mayor/Do Governor in accordance with the said Act. <Added by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | Where a person who has established leisure welfare facilities for the aged under Article 37 (2) or commuting system welfare facilities for the aged under Article 39 (2) intends to modify matters prescribed by Ministerial Decree of Health and Welfare or to close down or suspend such facilities, he/she shall make report in advance to the head of a Si/Gun/Gu in accordance with Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (4) | Deleted. <by Act No. 9964, Jan. 25, 2010 |
| Article 41 (Obligation of Entrustment) |
If a person who establishes and operates an institution for the aged, a communal living home for the aged and a welfare house for the aged under
Article 32 (1) or a sanatorium for the aged and a medical treatment and communal living home for the aged under
Article 34 (1) or a commuting system welfare facility for the aged under
Article 38 (1) is entrusted with the admission of the aged into the facility or a funeral of the aged from welfare administration agencies under
Article 28 (1) 2 and 3, or paragraph (2) or (3) of the said Article, he shall not refuse it without justifiable grounds.
<Amended by Act No. 8608, Aug. 3, 2007>
| (1) | Welfare administration agencies may have a person who establishes and operates welfare facilities for the aged under Article 31 or the institute for caregiver education under Article 39-3 (1) make any necessary report on such facilities or the services concerned, and have a related public official investigate the operational situation thereof or inspect books and other relevant documents. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007> |
| (2) | A person who establishes and operates welfare facilities for the aged under Article 31 shall submit the data on the annual current status of inmates or users thereof to welfare administration agencies as prescribed by Ministerial Decree of Health and Welfare. <Added by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | A public official conducting investigation and inspection under paragraph (1) shall carry a certificate indicating his/her powers and produce it to the related persons. |
| Article 43 (Suspension, etc. of Services) |
| (1) | Where a residential welfare institution for the aged or a medical welfare institution for the aged falls under any of the following subparagraphs, the Mayor/Do Governor or the head of a Si/Gun/Gu may order the suspension or closure of their services: <Amended by Act No. 5851, Feb. 8, 1999; Act No. 7452, Mar. 31, 2005; Act No. 8608, Aug. 3, 2007; Act No. 9964, Jan. 25, 2010> |
| 1. | Where they become short of criteria for facilities, etc. under Article 33 (3) or 35 (3); |
| 2. | Where they refuse the entrustment in violation of Article 41; |
| 3. | Where they fail to make report or submit the data under Article 42, do so falsely, or refuse, hinder or evade investigation or inspection, without justifiable grounds; |
| 5. | Deleted. <by Act No. 8608, Aug. 3, 2007> |
| (2) | Where leisure welfare facilities for the aged or commuting system welfare facilities for the aged fall under any of the following subparagraphs, the head of a Si/Gun/Gu may order the suspension or closure of their services: <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007> |
| 1. | Where they fail to satisfy such criteria prescribed in Article 37 (3) or 39 (3); |
| 2. | Where they (limited to the commuting system welfare facilities for the aged) refuse to entrust in violation of Article 41; |
| 3. | Where they fail to make report or submit the data under Article 42, do so falsely, or refuse, hinder or evade investigation or inspection without justifiable grounds; |
| 5. | Deleted. <by Act No. 8608, Aug. 3, 2007> |
| (3) | The detailed criteria for administrative disposition provided for in paragraphs (1) and (2) shall be prescribed by Ministerial Decree of Health and Welfare in consideration of the degree of violations, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
If the head of Si/Gun/Gu intends to order discontinuance of services prescribed in Article 43, he shall hold a hearing. <Amended by Act No. 7452, Mar. 31, 2005>
| Article 45 (Allocation of Expenses) |
| (1) | Deleted. <by Act No. 8385, Apr. 25, 2007> |
| (2) | Expenses falling under any of the following subparagraphs shall be defrayed by the State or local governments under conditions as prescribed by Presidential Decree: <Amended by Act No. 7585, Jul. 13, 2005> |
| 1. | Expenses required for establishment, operation or entrustment of the institution in exclusive charge of the aged's jobs in accordance with the provisions of Article 23-2 (1); |
| 2. | Expenses required for the health examination, etc. under Articles 27 and 28 and the dispositions such as consultation and admission, etc.; and |
| 3. | Expenses required for establishment and operation of the welfare facilities for the aged under Articles 33 (1), 35 (1), 37 (1), and 39 (1). |
| Article 46 (Collecting and Requesting Expenses) |
| (1) | A welfare administration agency that has defrayed expenses for welfare measures prescribed in Articles 27 and 28 may collect or request the whole or part of expenses defrayed, as prescribed by Presidential Decree, from the relevant aged or his/her eligible supporter. |
| (2) | Where a person who is not responsible for supporting offers protection corresponding to welfare measures prescribed in Article 28, he/she shall inform without delay the relevant fact to the eligible supporter or the welfare administration agency. |
| (3) | A person who has offered protection under paragraph (2) may request all or some of the expenses for the protection to an eligible supporter. |
| (4) | Matters necessary for the request, etc. of expenses defrayed under paragraph (1) or (3) shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (5) | If a person who has established an institution for the aged, a communal living home for the aged and a welfare house for the aged under Article 32 (1) or a sanatorium for the aged and a medical treatment and communal living home for the aged under Article 34 (1), intends to collect expenses from persons other than qualified recipients of basic living standards who are admitted to or uses the facilities, he/she shall report thereon to the head of a Si/Gun/Gu: Provided, That where he/she collects expenses within the limit of collection prescribed by Ministerial Decree of Health and Welfare, this shall not apply. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 7452, Mar. 31, 2005; Act No. 8608, Aug. 3, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (6) | Deleted. <by Act No. 5851, Feb. 8, 1999> |
| (7) | If a person, who has established a leisure welfare facility for the aged under Article 36 (1) or commuting system welfare facility for the aged under Article 38 (1) or who provides conveniences thereof, intends to collect expenses for it from the person who uses the facility, he/she shall report in advance to the head of a Si/Gun/Gu. |
| Article 47 (Subsidy for Expenses) |
The State or local governments may subsidize expenses for establishment and operation of welfare facilities for the aged as prescribed by Presidential Decree.
| Article 48 (Disposition of Articles Left) |
The head of a welfare administration agency or welfare facility for the aged may, in case of holding a funeral prescribed in
Article 28 (3), apply the currency or securities left by the departed to the expenses for a funeral and in case of deficiency of expenses, may dispose of articles left and apply
the money to it.
| Article 49 (Reduction and Exemption of Tax) |
With regard to the buildings and lands, etc. used for the aged by welfare facilities under Article 31, the reduction and exemption in taxes and other public imposts may be done pursuant to the provisions of the relevant Acts and subordinate statutes such as the Regulation of Tax Reduction and Exemption Act, etc. <Amended by Act No. 8385, Apr. 25, 2007>
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 50 (Request for Review) |
| (1) | If the aged or an eligible supporter has an objection against any welfare measure under this Act, he may request a review to the welfare administration agencies concerned. |
| (2) | The welfare administration agency shall, upon receiving a request for review under paragraph (1), make a review and decision on the matter and notify it to the requesting person within 30 days. |
| (3) | Any person who is dissatisfied with the review and decision under paragraph (2), may raise an administrative appeal within 90 days after he receives such notification. <Amended by Act No. 5851, Feb. 8, 1999> |
| (4) | In cases where an agreement is not reached between a person who conducted protection and an eligible supporter with respect to protection expenses to be born by an eligible supporter under Article 46 (3), in cases where the head of Si/Gun/Gu has received a request for coordination from the interested parties, he may coordinate this case. <Amended by Act No. 7152, Jan. 29, 2004> |
| (5) | In cases where the head of Si/Gun/Gu deems it necessary for the coordination under paragraph (4), he may request the eligible supporter to submit the data on income and property. |
| Article 51 (Honorary Adviser for Welfare for the Aged) |
| (1) | The welfare administration agencies may commission honorary advisers for welfare for the aged to protect the aged admitted to an institution for the aged, a communal living home for the aged, a welfare house for the aged, a sanatorium for the aged, and a medical treatment and communal living home for the aged.
<Amended by Act No. 8608, Aug. 3, 2007> |
| (2) | The method of commissioning and the scope of activities of the honorary advisers for welfare for the aged and other necessary matters shall be determined by Presidential Decree. |
| Article 52 Deleted.<by Act No. 5851, Feb. 8, 1999> |
| Article 53 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Health and Welfare or Mayor/Do Governor may delegate parts of his/her authority under this Act to the Mayor/Do Governor or the head of a Si/Gun/Gu respectively pursuant to Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare, Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust a juristic person or corporation respectively with part of his/her authority under this Act pursuant to Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 54 (Lending, etc. of State-Owned or Public-Owned Properties) |
The State or local governments may, in cases where deemed necessary for the fostering of research facilities or projects related to the health and welfare of the aged, have the State-owned or public-owned properties to be lent, used, or benefitted gratuitously, notwithstanding the provisions of the
State Properties Act or the
Local Finance Act.
| Article 55 (Special Case on Building Act) |
| (1) | Any welfare institution for the aged at home, a communal living home for the aged and a medical treatment and communal living home for the aged prescribed in this Act may be established in an independent house or in an apartment house notwithstanding the provisions of Article 19 of the Building Act.
<Amended by Act No. 8608, Aug. 3, 2007; Act No. 8974, Mar. 21, 2008> |
| (2) | Use of a building for a welfare house for the aged under this Act shall be deemed to be an institution for the aged and infants, notwithstanding the provisions of other relevant Acts and subordinate statutes.
<Added by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007> |
CHAPTER VII PENAL PROVISIONS
| Article 55-2 (Penal Provisions) |
Any person who has committed the acts falling under subparagraph 1 of
Article 39-9 (limited to the injury) shall be punished by imprisonment for not more than seven years or the fine not exceeding 20 million won.
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 55-3 (Penal Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding 15 million won:
| 1. | A person who has committed acts falling under subparagraphs 1 (limited to violence only) through 4 of Article 39-9; and |
| 2. | A person who has protected a missing aged person by omitting a report without justifiable grounds in violation of Article 39-10 (1). |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 55-4 (Penal Provisions) |
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won:
| 1. | A person who has committed an act falling under subparagraph 5 of Article 39-9; and |
| 2. | A person who has refused or hindered the access or investigation of the public official concerned under Article 39-11 (2) by using a deceptive scheme or deceptive power. |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 56 (Penal Provisions) |
| (1) | A person who has sold or leased a welfare house for the aged to a person disqualified for admission in violation of Article 33-2 (2) shall be punished by imprisonment for not more than two years or by a fine not exceeding the amount of money by multiplying the number of households illegally sold or leased by ten million won. |
| (2) | A person who has established or operated an institution for the aged, a communal living home for the aged, a welfare house for the aged, a sanatorium for the aged or a medical treatment and communal living home for the aged without making report under Articles 33 (2) and 35 (2) shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won. |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 56-2 (Penal Provisions) |
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:
| 1. | A person who has transferred or leased a welfare house for the aged in violation of
Article 33-2 (3); and
|
| 2. | An inheritor who has entered, transferred or leased a welfare house for the aged in violation of
Article 33-2 (4).
|
[This Article Added by Act No. 8608, Aug. 3, 2008]
| Article 57 (Penal Provisions) |
Any person who falls under each of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won: <Amended by Act No. 8608, Aug. 3, 2007; Act No. 9964, Jan. 25, 2010>
| 1. | Any person who establishes or operates an institution for the aged, a communal living home for the aged, a welfare house for the aged, a sanatorium for the aged, a medical treatment and communal living home for the aged, a leisure and welfare institution for the aged, a commuting-system welfare facility for the aged without filing any reports referred to in Articles 33 (2), 35 (2), 37 (2), or 39 (2); |
| 2. | Any person who establishes or operates an institute for caregiver education, without being designated as such an institution under Article 39-3 (1); |
| 3. | Any person who divulges confidential information he/she becomes aware of in the course of his/her duties in violation of Article 39-11. |
[This Article Wholly Amended by Act No. 7152, Jan. 29, 2004]
| Article 58 Deleted.<by Act No. 8385, Apr. 25, 2007> |
| Article 59 (Penal Provisions) |
A person who has refused to be entrusted in violation of
Article 41 shall be punished by a fine not exceeding 500 thousand won.
<Amended by Act No. 8608, Aug. 3, 2007>
| Article 60 (Joint Penal Provisions) |
Where a representative of a juristic person, or an agent, employee or other servant of a juristic person or individual commits an offence under Article 55-3, 56, 57 or 59 in connection with the business of the juristic person or the individual, not only shall such violator be punished, but the juristic person or the individual shall also be punished by a fine under the relevant provisions: Provided, That this shall not apply where such juristic person or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence. [This Article Wholly Amended by Act No. 9964, Jan. 25, 2010]
| Article 61 Deleted.<by Act No. 8385, Apr. 25, 2007> |
| Article 61-2 (Fines for Negligence) |
| (1) | A fine for negligence not exceeding five million won shall be imposed on a person who has failed to make report or to submit data, or has made false report or submitted false data in violation of orders under Article 39-11 (2), or a person who has refused, evaded, hindered the access or investigation and inquiry of the public official concerned or has made false reply without justifiable grounds. |
| (2) | A fine for negligence not exceeding two million won shall be imposed on a person who falls under any of the following subparagraphs: |
| 1. | A person who has failed to submit an identification card in violation of Article 39-10 (2); and |
| 2. | A person who has closed down or discontinued a welfare institution for the aged without making report in violation of Article 40. |
| (3) | A fine for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister for Health, Welfare and Family Affairs, the Mayor/Do governor, the head of Si/Gun/Gu as prescribed by Presidential Decree. |
| (4) | A person who is dissatisfied with the disposition of a fine for negligence under paragraph (3) may raise an objection to the Minister for Health, Welfare and Family Affairs, the Mayor/Do governor, the head of Si/Gun/Gu within 30 days after he/she is publicly notified of such disposition. |
| (5) | If a person who is subject to disposition of a fine for negligence under paragraph (3) raises an objection under paragraph (4), the Minister for Health, Welfare and Family Affairs, the Mayor/Do governor, the head of Si/Gun/Gu shall, without delay, notify the competent court, which, in turn, shall proceed to a trial on a fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act. |
| (6) | If no objection is raised and a fine for negligence is not paid within the period under paragraph (4), a fine for negligence shall be collected by referring to the practices of disposition on default of national taxes or local taxes. |
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 62 (Charge for Compelling Performance) |
| (1) | The head of Si/Gun/Gu may impose a charge for compelling the performance on a person who has failed to comply with orders under Article 33-3 in cases where he/she has failed to comply with orders by deadline for compliance fixed with a reasonable period necessary for compliance with the orders concerned. In such cases, an amount of charge for compelling the performance shall be an amount of money by multiplying an amount of money equivalent to 10/100 of standard market price per one square meter applicable to the welfare house for the aged concerned pursuant to the Local Tax Act by the floor area violated (referring to the area exclusively used for the purpose of residence) or an amount of money equivalent to 10/100 of an amount of price of a house publicly notified applicable to the welfare house for the aged concerned pursuant to the Public Notice of Values and Appraisal of Real Estate Act. |
| (2) | The head of Si/Gun/Gu shall give an advance warning in writing to the effect that a charge for compelling the performance is imposed and collected before it is imposed pursuant to paragraph (1). |
| (3) | In cases where the head of Si/Gun/Gu imposes a charge for compelling the performance under paragraph (1), he/she shall impose such charge with a document specifying the amount, reason of imposition, deadline for payment and receiving agency of charge for compelling the performance, method of raising an objection and an agency to which an objection is to be raised. |
| (4) | The head of Si/Gun/Gu may impose and collect a charge for compelling the performance under paragraph (1) repeatedly until the order concerned is executed within the extent of twice a year based on the date when the first order has been given. |
| (5) | In cases where a person who was ordered pursuant to Article 33-3 has complied with the orders, the head of Si/Gun/Gu shall immediately suspend to impose a new charge for compelling the performance, but collect the charge for compelling the performance already imposed. |
| (6) | In cases where a person who has received the disposition of imposition of charge for compelling the performance pursuant to paragraph (3) does not pay the charge for compelling the performance by deadline, the head of Si/Gun/Gu shall collect it by referring to the practices of disposition on default of local taxes. |
[This Act Added by Act No. 8608, Aug. 3, 2007]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force nine months after the date of its promulgation: Provided, That the amended provisions of Chapter II ( Articles 9 through 22) shall enter into force on July 1, 1998. |
| (2) | (Transitional Measures on Elderly Allowance) Elderly allowance under Article 13 of the former Welfare of the Aged Act at the time when this Act enters into force shall be paid till June 30, 1998. |
| (3) | (Transitional Measures on Welfare Facilities for the Aged) Welfare facilities established by the former provisions at the time when this Act enters into force shall be regarded as established by this Act. |
| (4) | (Relations with Other Acts and Subordinate Statutes) In cases where other Acts and subordinate statutes cite the provisions of the Welfare of the Aged Act at the time when this Act enters into force, the relevant provisions of this Act shall be regarded as cited when there are the provisions related with them in this Act. |
ADDENDA<Act No. 5851, Feb. 8, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 39-2, 39-3, 40, 42 and 43 and the proviso to Article 46 (5), and Articles 52 and 57 shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures on Recognition of Receiving Right Holder of Old-age Pension) With respect to a person who is determined as a receiving right holder under former provisions at the time when this Act enters into force, the former provisions shall apply notwithstanding the amended provisions of Article 9 (1) 2. |
| (3) | (Transitional Measures on Educational Institution for Home Service |
Personnel) The educational institution for home service personnel which is
designated under previous provisions at the time when this Act enters into force shall be deemed to be that as reported under the amended provisions of Article 39-3 (1). | (4) | (Transitional Measures on Approval of Collection of Expenses for Welfare Facilities for the Aged) An approval of collection of the expenses which is granted by the Mayor/Do governor under previous provisions at the time when this Act enters into force, shall be deemed to be a report on the collection of expenses under the amended provisions of Article 46 (5). |
ADDENDA<Act No. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 6916, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM<Act No. 7152, Jan. 29, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA<Act No. 7452, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (General Transitional Measures on Administrative Dispositions, etc.)
| (1) | The dispositions taken by the administrative institutions under the former provisions of Articles 43 (1) and 44 at the time of enforcement of this Act shall be deemed to have been taken by the administrative institutions under the amended provisions of this Act. |
| (2) | The reports filed to the administrative institutions under the former provisions of Articles 33 (2), 35 (2), 39-3 (1), 40 (1) and (4), and 46 (5) (main sentence) at the time of enforcement of this Act shall be deemed to have been filed to the administrative institutions under the amended |
provisions of this Act.
ADDENDUM<Act No. 7585, Jul. 13, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 8200, Jan. 3, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Investigation into Actual Conditions of the Aged) The first investigation into the actual conditions of the aged under the amended provisions of Article 5 shall be made in 2008. |
ADDENDA<Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA<Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8385, Apr. 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 8608, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 32, 34 and 38 shall enter into force eight months after the date of its promulgation and the amended provisions of Articles 39-2 and 39-3 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Restrictions on Supply of Welfare House for the Aged)
The amended provision of Article 33-2 (5) shall apply beginning from the first welfare house for the aged an application for approval for a project plan of which under Article 16 of the Housing Act is made after this Act enters into force. Article 3 (Applicability to Orders of Disposition of Welfare House for the Aged and Charge for Compelling Performance)
The amended provisions of Articles 33-3 and 62 shall apply beginning from a person to whom a welfare house for the aged has been sold or transferred after this Act enters into force. Article 4 (Transitional Measures Concerning Institution for the Aged)
An institution for the aged, an institution for the aged at cost and a pay institution for the aged established pursuant to the former provisions at the time when this Act enters into force shall be deemed to be an institution for the aged under the amended provision of Article 32 (1) 1, a welfare house for the aged at cost and a pay welfare house for the aged to be a welfare house for the aged under Article 32 (1) 3, a sanatorium for the aged, a sanatorium for the aged at cost, a pay sanatorium for the aged, a specialized sanatorium for the aged and a specialized sanatorium charged to be a sanatorium for the aged under the amended provision of Article 34 (1) 1, an institution sending home service workers, a daytime protection institution and a short-term protection institution to be a welfare institution for the aged at home under the amended provisions of Article 38 (1) respectively. Article 5 (Transitional Measures Concerning Welfare Hall for the Aged)
A welfare hall for the aged established pursuant to the former provisions at the time when this Act enters into force shall be deemed to be a welfare hall under the amended provisions of Article 36 (1). Article 6 (Transitional Measures Concerning Educational Institution for Home Service Workers)
An educational institution for home service workers established pursuant to the former provisions at the time when this Act enters into force may perform education for medical treatment and protection workers up to one year after this Act enters into force.
Article 7 (Transitional Measures Concerning Medical Treatment and Protection Workers)
A person who is working as a guide of life or a home service worker in a welfare institution for the aged pursuant to the former provisons at the time when this Act enters into force may perform affairs of a medical treatment and protection worker under the amended provisions of Article 39-2 (1) up to two years after this Act enters into force. Article 8 (Transitional Measures Concerning Penalty Provisions and Fines for Negligence)
The former provisions shall apply to penal provisions and fines for negligence for the acts performed before this Act enters into force.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA<Act No. 9386, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force from one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force from two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 9964, Jan. 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Persons who has Finished Curricula at Institutes for Caregiver Education) Pursuant to the former provisions, the Mayor/Do Governor shall issue a license for a caregiver to a person who has finished curricula at an institute for caregiver education under the former provisions as at the time this Act enters into force, notwithstanding the amended provisions of Article 39-2 (2). |
| (3) | (Transitional Measures concerning Persons who has Acquired Qualification as Caregivers) A person who has acquired a license for a Grade 1 or Grade 2 caregiver under the former provisions as at the time this Act enters into force shall be deemed to have acquired a license for a caregiver, notwithstanding the amended provisions of Article 39-2 (2). In such cases, a person who has acquired a license for a Grade 2 caregiver shall be limited to those who have finished curricula determined by the Minister of Health and Welfare. |
| (4) | (Transitional Measures concerning Institutes for Caregiver Education) An institute for caregiver education reported under the former provisions as at the time this Act enters into force shall be deemed to have designated as an institute for caregiver education under the amended provisions of Article 39-3 (1): Provided, That such institution shall meet the designation standards under the amended provisions of Article 39-3 (1) within six months from the date on which this Act enters into force. |