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
Act No. 10509, Mar. 30, 2011
Act No. 10563, Apr. 7, 2011
Act No. 10785, Jun. 7, 2011
Act No. 10997, Aug. 4, 2011
Act No. 11013, Aug. 4, 2011
Act No. 11249, Feb. 1, 2012
Act No. 11513, Oct. 22, 2012
Act No. 11854, Jun. 4, 2013
Act No. 11998, Aug. 6, 2013
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; Act No. 11013, Aug. 4, 2011>
| 1. | The term "person who is under duty to support" means a spouse (including persons in a marriage or de facto relationship), lineal descendants and their spouses (including persons in a marriage or de facto relationship); |
| 2. | The term "guardian" means a person who is under duty to support or a person who offers de facto protection to the aged on the grounds of business or employment relations, etc.; |
| 4. | The term "maltreatment of the aged" means all acts of physical, mental, emotional and sexual violence, economic exploitation of or atrocities against, or desertion or neglect 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 draw social attention to the aged and to raise awareness of the importance of respect for the elderly, the Aged Day shall be observed on October 2 every year and the Aged Month in October every year. |
| (2) | For enhancement of filial piety, the Parents Day shall be observed on May 8 every year. |
| (3) | Deleted. <by Act No. 11013, Aug. 4, 2011> |
| 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 (Gu means 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 the 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 Dedicated Elderly Employment Agencies) |
| (1) | Agencies dedicated to helping the aged land a job commensurate with their ability and aptitude (hereinafter referred to as "dedicated elderly employment agencies") in a professional and systematic manner shall be as follows: <Amended by Act No. 10563, Apr. 7, 2011> |
| 1. | Human resources development agency for the aged: An agency that provides support for seniors through programs such as the ones designed to create and provide jobs for the aged and the ones focused on research, education and public relations, cooperation, program certification and assessment, etc.; |
| 2. | Agency helping seniors land a job: An agency directly in charge of the creation and provision of jobs for the aged, fostering of entrepreneurship and growth of startups and the production and sale of goods by the aged, etc.; |
| 3. | Job placement agency for the aged: An agency providing counseling and information to the elderly about getting a job or an agency helping seniors find a job. |
| (2) | The State or a local government may establish and operate a dedicated elderly employment agency, or entrust the operation thereof, in whole or in part, to a corporation or an organization, etc. <Added by Act No. 10563, Apr. 7, 2011> |
| (3) | Matters necessary for the establishment, operation, or entrustment of a dedicated elderly employment agency shall be prescribed by Presidential Decree. <Amended by Act No. 10563, Apr. 7, 2011> |
| (4) | Criteria, etc. for qualifying facilities and human resources of agencies helping seniors land a job referred to in paragraph (1) 2 shall be prescribed by Ministerial Decree of Health and Welfare. <Added by Act No. 11854, Jun. 4, 2013> |
[This Article Added by Act No. 7585, Jul. 13, 2005]
| Article 24 (Commissioning of Community Service Counselors and Their Duties) |
| (1) | Where publicly respected and experienced elderly people desire to engage in the community services, the State or local governments may commission them as community service counselors. |
| (2) | Duties of community service counselors under paragraph (1) shall be as follows: |
| 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. | Cultural heritage education such as the values of loyalty and filial piety, and traditional etiquettes; |
| 4. | Protection of and guidance on cultural properties; |
| 5. | Other duties determined by Presidential Decree. |
| Article 25 (Occupation Assistance) |
When granting permission to install or entrusting the installation of stores or vending machines for the sale of necessities for daily living such as foodstuffs, office supplies, and newspapers in the public facilities which are established and operated by the State, local governments, or other public agencies, an application by persons 65 years old or over shall 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 examinations and education for those 65 years old or over under conditions as prescribed by Presidential Decree. |
| (2) | Where deemed necessary as a result of the health examination under paragraph (1), the State or local governments shall 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 of Health and Welfare. |
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 28 (Dispositions of Counseling, Admission, etc.) |
| (1) | The Minister of Health and Welfare, the Special Metropolitan City Mayor, a 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 (Gu means an autonomous Gu; hereinafter the same shall apply) shall take the following measures he/she deems 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 require the relevant public officials or counselors for welfare of the aged to provide consultation and guidance to persons 65 years or older or persons who protect them; |
| 2. | To admit persons 65 years or older, for whom protection at home is impracticable due to physical, mental, economic or circumstantial reasons, to residential welfare facilities for the aged or the commuting-system welfare facilities for the aged, or to entrust their entrance; |
| 3. | To admit persons 65 years or older, who need continuous protection due to serious physical or mental defects and for whom protection at home is impracticable due to economic reasons, to 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 services agency") may, take measures falling under paragraph (1) he/she deems necessary for the purpose of protecting those below 65 years of age where they display serious signs of decreptitude. <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 is no one to hold his/her funeral, the welfare facility may hold a funeral or have the head of the relevant facility hold the funeral. |
| Articles 29 and 29-2 Deleted. <by Act No. 11013, Aug. 4, 2011> |
| Article 30 (Medical Treatment Projects for Rehabilitation of 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) |
The type of welfare facilities for the aged shall be as follows: <Amended by Act No. 7152, Jan. 29, 2004; Act No. 11854, Jun. 4, 2013>
| 1. | Residential welfare facilities for the aged; |
| 2. | Medical welfare facilities for the aged; |
| 3. | Leisure welfare facilities for the aged; |
| 4. | Commuting system welfare facilities for the aged; |
| 5. | Specialized agencies for protection of the aged; |
| 6. | Agencies helping seniors land a job under Article 23-2 (1) 2. |
| Article 31-2 (Relationship to Reporting under the Social 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 qualified for admission to a welfare house for the aged shall be a person 60 years of age or older (hereinafter referred to as a "person qualified for admission"): Provided, That a spouse of a person qualified for admission may be admitted, along with the person qualified for admission even if he/she is a person under 60 years of age. |
| (2) | 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 by a change of 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 not qualified for admission shall not be admitted to such welfare house for the aged, and he/she shall not transfer or lease the welfare house for the aged concerned to another person not qualified for admission. |
| (5) | The head of a Si/Gun/Gu may limit the number of households and a floor area (limited to the area used for the purpose of residence) by household in the welfare house for the aged to a level not exceeding a certain threshold taking into account the size of the elderly population, the actual conditions of demand for 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 entrust the operation, in whole or in part, of the welfare house for the aged concerned to a person prescribed by Presidential Decree with the approval from the head of a Si/Gun/Gu. |
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 33-3 (Orders to Dispose Welfare House for the Aged to Person Disqualified for Admission) |
The head of a Si/Gun/Gu may order a person who owns a welfare house for the aged (excluding a person who has inherited it) but is disqualified for admission to dispose of the welfare house for the aged concerned within a reasonal period of time.
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 34 (Medical and Welfare Institutions for the Elderly) |
| (1) | Medical and welfare institutions for the elderly shall be any of the following institutions: <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 in the daily lives of the aged admitted thereto who need help because geriatric illnesses such as dementia and paralysis, etc. have taken a heavy toll on their mental and physical abilities; |
| 2. | A medical treatment and communal living center for the aged: An institution intending to provide a residential home-like environment, meals, medical treatment and other convenience necessary in the daily lives of the aged who need help because geriatric illnesses such as dementia, paralysis, etc. have taken a heavy toll on their mental and physical abilities. |
| 3. | Deleted. <by Act No. 10785, Jun. 7, 2011> |
| (2) | Necessary matters concerning eligibility for admission to medical and welfare institutions for the elderly, admission costs and procedures, and matters to be observed by a person who establishes and operates such an 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 and Welfare Institutions for the Aged) |
| (1) | The State or local governments may establish medical and welfare institutions for the aged. |
| (2) | Where a person, other than the State or local governments, intends to establish a medical and welfare institution for the aged, he/she shall report such plans to the head of a Si/Gun/Gu. <Amended by Act No. 7452, Mar. 31, 2005; Act No. 10785, Jun. 7, 2011> |
| (3) | Matters necessary for setting out criteria for the establishment, staffing and operation of medical and welfare institutions for the elderly, and the reporting on and permission for the establishment thereof, etc. shall be 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; Act No. 10785, Jun. 7, 2011> |
| (4) | Deleted. <by Act No. 10785, Jun. 7, 2011> |
| 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 to seniors related to their hobbies, interests, and social activities, etc., as well as other services necessary for promotion of health, prevention of diseases, provision of guaranteed income, enhancement of welfare at home, and promotion of welfare for the elderly; |
| 2. | A senior citizen center: Facilities aimed at providing venues for the elderly in the neighborhood to promote friendship, enjoy hobbies, operate a group workshop, exchange various information and participate in different leisure activities; |
| 3. | Educational courses for the aged: Facilities that offer educational programs with respect to sound hobbies, health maintenance, income security and other programs related to the daily life of elderly people, in order to satisfy their desire to take part in social activities. |
| 4. | Deleted. <by Act No. 10785, Jun. 7, 2011> |
| (2) | Necessary matters concerning target users of leisure and welfare institutions and procedures for the use thereof shall be prescribed by 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 Institution 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 and welfare institutions for the aged, they shall make a report thereon to the head of a Si/Gun/Gu. |
| (3) | The State or a local government shall develop and distribute a standard model and program that reflects characteristics of each region and function in order to revitalize senior citizen centers. <Added by Act No. 10785, Jun. 7, 2011> |
| (4) | Matters necessary for setting out criteria for the establishment, staffing and operation of leisure and welfare institutions for the aged, and reporting on the establishment thereof, 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; Act No. 10785, Jun. 7, 2011> |
| Article 37-2 (Subsidization of Expenses Incurred in Purchasing Grain, etc. on Behalf of Senior Citizen Centers) |
| (1) | The State or a local government may fully or partially subsidize the expenses incurred in purchasing government-managed grain under the Grain Management Act on behalf of senior citizen centers within budgetary limits. |
| (2) | The State or a local government may fully or partially subsidize the heating and cooling expenses at senior citizen centers within budgetary limits. |
[This Article Added by Act No. 11249, Feb. 1, 2012]
| Article 37-3 (Reduction of and Exemption from Public Utility Charges to Senior Citizen Centers) |
| (2) | Any water service provider (where a water service provider is a local government, it refers to the head of a relevant local government) under the Water Supply and Waterworks Installation Act may help senior citizen centers avoid paying or reduce water bills. |
[This Article Added by Act No. 11249, Feb. 1, 2012]
| 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 at least one of the following services: |
| 1. | Visiting medical treatment services: Services that ensure a healthy and stable life of the aged in the community by providing various convenient services necessary for the aged, who spend all day at home, suffering from physical and mental illnesses (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 physically and mentally-challenged elderly, or those with disabilities, and to lighten the physical and mental burden of their families by providing various convenient services to the aged who are unable to be protected by their families due to an unavoidable cause by admitting them to protection facilities for a short period of time; |
| 3. | Short-term protection services: Services to promote the welfare of the aged and their families by admitting the physically and mentally-challenged elderly or those with disabilities who need temporary protection because they are unable to be protected by their families due to an unavoidable cause by admitting them to protection facilities for a short period of time; |
| 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 the ones to be provided for the aged at home. |
| (2) | Necessary matters concerning eligible users of welfare institutions for the aged at home, bearing of expenses incurred in connection therewith, procedures for the use thereof, etc. 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 Caregiver Education) |
| (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, the Mayor/Do Governor may order suspension of business or revoke the designation thereof: Provided, That if it falls under subparagraph 1, the designation thereof shall be revoked: <Added by Act No. 9964, Jan. 25, 2010> |
| 1. | Where it is designated by fraud or other wrongful means; |
| 2. | Where it becomes incompliant with the designation standards referred to in paragraph (1); |
| 3. | Where it fails to provide curricula for at least one year; |
| 4. | Where it fails to file a report or to submit data under Article 42, or files a false report or submit false data, or it refuses, interferes with, or evades an investigation or inspection without good cause. |
| (3) | The Mayor/Do Governor shall hold a hearing when he/she intends to revoke the designation under paragraph (2). <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 Institutions Specializing in Protecting Seniors) |
| (1) | The State shall establish and operate a central institution specializing in protecting seniors in charge of the following affairs to establish interconnection among regions and to prevent elder abuse: |
| 1. | Policy proposals related to protecting human rights of the aged; |
| 2. | Research on and the development of programs to protect human rights of the aged; |
| 3. | Public relations campaign for prevention of elder abuse and the production and distribution of educational materials related thereto; |
| 4. | The collection and management of performance results related to specialized elderly protection projects and provision of data to outsiders; |
| 5. | Management of regional institutions specializing in protecting the aged and offering business support thereto; |
| 6. | In-depth education for counselors at regional institutions specializing in protecting the aged; |
| 7. | Establishment of a cooperation system among relevant institutions and exchange among them; |
| 8. | Other matters prescribed by Presidential Decree for the purpose of protecting the aged. |
| (2) | In order to ensure prompt identification and protection of and medical care, etc. for abused elderly and to prevent elder abuse, specialized regional institutions protecting the aged which are in charge of the following affairs shall be established in the Special Metropolitan City, Metropolitan Cities, Dos and Special Self-governing Province (hereinafter referred to as "City/Do"): |
| 1. | The operation of a hotline to report elder abuse and receipt of reports of suspected cases of elder abuse; |
| 2. | On-site investigations into suspected cases of elder abuse; |
| 3. | Counseling for elder abuse victims and abusers; |
| 4. | Counseling for persons who belong to the families of victims of alleged elder abuse and relevant institutions; |
| 5. | Information recording and storage following the provision of counseling and other services; |
| 6. | Education for prevention of elder abuse intended for the general public; |
| 7. | Education for prevention of recurrence intended for the perpetrators of elder abuse; |
| 8. | Other matters prescribed by Ministerial Decree of Health and Welfare for the protection of elder persons. |
| (3) | The Minister of Health and Welfare and the Mayor/Do Governor may designate a nonprofit corporation designed to carry out activities to prevent elder abuse and entrust such nonprofit corporation with the operations of a specialized central institution protecting seniors under paragraph (1) and a specialized regional institution protecting seniors under paragraph (2). |
| (4) | Matters necessary for setting out criteria for the establishment and operation of a specialized central institution protecting seniors under paragraph (1) and matters necessary for setting out criteria for the establishment and operation of specialized regional institutions protecting seniors under paragraph (2), qualifications required for counselors and criteria for assignment thereof and designation of an entrusted institution under paragraph (3), etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 10785, Jun. 7, 2011]
| Article 39-6 (Obligations and Procedures for Reporting Elder Abuse, etc.) |
| (1) | Where anyone has come to know of any instance of elder abuse, he may make a report thereon to a specialized elderly protection agency or a criminal investigation agency. |
| (2) | Where any of the following persons has learned of a suspected instance of elder abuse in the course of performing his/her duties, he/she shall immediately file a report thereon to an institution specializing in protecting seniors or an investigative agency: <Amended by Act No. 8367, Apr. 11, 2007; Act No. 10785, Jun. 7, 2011> |
| 2. | The head of a welfare facility for the aged under Article 31 and persons who work there, and a welfare counselor for the elderly under Article 7; |
| (3) | Identity of the reporter shall be protected, and shall not be disclosed against his/her will. |
| (4) | The head of a relevant central administrative agency should make sure that the qualification course or refresher training course for any of the following persons prescribed in paragraph (2) includes educational content related to prevention of elder abuse and obligations to report elder abuse in the qualification course or refresher training course for persons falling under any of subparagraphs of paragraph (2). <Added by Act No. 11513, Oct. 22, 2012> |
| (5) | Matters as may be deemed necessary to establish the content, time and method, etc. of such training under paragraph (4) shall be prescribed by Ministerial Decree of Health and Welfare. <Added by Act No. 11513, Oct. 22, 2012> |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-7 (Obligations for Emergency Measures etc.) |
| (1) | The staff members of a specialized agency protecting 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 go to the scene of maltreatment of the aged. |
| (2) | A person who has arrived at an abuse scene as referred to in paragraph (1) shall separate the elder abuse victim from the abuser, or where medical treatment is deemed necessary, guide the aged to a specialized agency protecting seniors or a medical institution. |
| (3) | No person related to elder abuse, such as a perpetrator of elder abuse, shall refuse or interfere with a field investigation conducted by a person who has arrived at the scene of elder abuse. <Added by Act No. 10785, Jun. 7, 2011> |
[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 of the following acts:
| 1. | Acts of violence against the aged, or of inflicting injury thereupon; |
| 2. | Acts including sexual violence or harrassment, etc. that give a sense of sexual shame to the aged; |
| 3. | Acts of desertion of the aged under his own protection or supervision, or of noninterference neglecting basic necessities including food, clothing and shelter and medical treatment; |
| 4. | Acts of making the aged ask for alms, or to ask for alms by utilizing the aged; |
| 5. | Acts of using the money and valuables donated or provided to the aged for a purpose other than their original purpose. |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-10 (Obligations to Report Missing Seniors) |
| (1) | Nobody shall keep in custody of a missing senior (hereinafter referred to as "missing senior") who lost touch with a guardian due to an accident, etc. without making a report thereon to the head of a police station or the head of a local government without good cause. <Amended by Act No. 11854, Jun. 4, 2013> |
| (2) | The head of a welfare institution for the aged under Article 31 (including an institution protecting the aged without authorization and report, etc. as a welfare institution or an institution equivalent thereto under subparagraph 4 of Article 2 of the Social Welfare Services Act; hereinafter referred to as a "protection institution") or its employee shall, when he/she has confirmed the identity of a missing senior in the course of performing his/her duties, immediately fill out an identification card form prescribed by Ministerial Decree for Health and Welfare and submit it to the head of a local government and the head of an agency performing the affairs prescribed in paragraph (3) 2. <Amended by Act No. 10997, Aug. 4, 2011> |
| (3) | The Minister of Health and Welfare shall perform the affairs prescribed in the following for prevention of such incidents, for the early identification and return of a missing senior. In such cases, the Minister of Health and Welfare 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 missing seniors; |
| 2. | Construction and operation of database for missing seniors; |
| 3. | Other matters necessary for the protection and support of missing seniors. |
| (4) | The Commissioner General of the Korean National Police Agency shall take the following steps to locate missing seniors and help their return: <Added by Act No. 10785, Jun. 7, 2011; Act No. 11854, Jun. 4, 2013> |
| 1. | The establishment and operation of a system for reporting missing seniors; |
| 2. | Other matters necessary for locating missing seniors and helping their return; |
| 3. | Deleted. <by Act No. 11854, Jun. 4, 2013> |
| (5) | Deleted. <by Act No. 11854, Jun. 4, 2013> |
[This Article Added by Act No. 8608, Aug. 3, 2007]
[Former Article 39-10 moved to Article 39-11]
| Article 39-11 (Investigations etc.) |
| (1) | The Minister of Health and Welfare, the Mayor/Do governor or the head of a Si/Gun/Gu may, where deemed necessary, have the related public officials or the counselors for welfare of the aged enter the welfare facility for the aged and of the aged, the employment place of the aged, or the place where a violation of the prohibited acts as referred to in Article 39-9 could occur, and conduct a required investigation into 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 a Si/Gun/Gu may order the head of a protection institution or its employee to file a necessary report or submit necessary data, or make a public official under his/her control enter a protection institution to conduct necessary investigation or inquiry into 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) | Necessary matters concerning 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]
[Moved from Article 39-10; Former Article 39-11 moved to Article 39-12]
| Article 39-12 (Prohibition of Divulgence of Secrets) |
Persons who have 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 in the course of their duties.
[This Article Added by Act No. 7152, Jan. 29, 2004]
[Moved from Article 39-11]
| Article 39-13 (Disqualifications for Caregivers) |
None of the following persons shall become a caregiver:
| 1. | A mentally incompetent person under subparagraph 1 of Article 3 of the Mental Health Act: Provided, That this shall not apply to a person deemed qualified as a caregiver by a medical specialist; |
| 2. | An addict to a narcotic, marijuana or psychotropic drug; |
| 3. | An incompetent or quasi-incompetent person; |
| 4. | A person for whom a sentence of imprisonment without labor or greater punishment declared by a court has not been fully executed or exempted; |
| 5. | A person whose qualification is suspended or forfeited by a court ruling; |
| 6. | A person in whose case one year has not elapsed from the date on which his/her qualification as a caregiver was revoked. |
[This Article 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, the Mayor/Do Governor may revoke his/her qualification: Provided, That if he/she falls under cases referred to in subparagraphs 1 through 3, his/her qualification shall be revoked: |
| 3. | Where he/she has obtained a license by fraud or other improper means; |
| 4. | Where he/she arranges unnecessary medical treatment and protection service for the aged, etc. or entice them, etc. to get such services or encourages such arrangement or enticement for profit-making purposes; |
| 5. | Where he/she lends or transfers his/her license certificate to other persons or forges or falsifies it. |
| (2) | The Mayor/Do Governor shall hold a hearing when he/she intends to revoke the qualification of a caregiver pursuant to paragraph (1). |
| (3) | Necessary matters concerning procedures, etc. for the revocation of qualifications under paragraph (1) shall be prescribed by 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 a residential welfare facility for the aged under Article 33 (2) or medical welfare facility for the aged under Article 35 (2) intends to modify matters prescribed by Ministerial Decree of Health and Welfare among report details with respect to the establishment or to close down or suspend such facility, he/she shall make a report thereon in advance to the head of a Si/Gun/Gu in accordance with Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 7452, Mar. 31, 2005; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10785, Jun. 7, 2011> |
| (2) | Deleted. <by Act No. 10785, Jun. 7, 2011> |
| (3) | Where a person who has established a leisure and welfare facility for the aged under Article 37 (2) or a commuting system welfare facility 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 facility, he/she shall make a report thereon in advance to the head of a Si/Gun/Gu in accordance with Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (4) | Deleted. <by Act No. 9964, Jan. 25, 2010 |
| Article 41 (Obligations to Accept 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 by welfare services agencies with the admission of the aged into the facility or a funeral of the aged under Article 28 (1) 2 and 3, or paragraph (2) or (3) of the said Article, he shall not refuse such entrustment without good cause. <Amended by Act No. 8608, Aug. 3, 2007>
| (1) | Welfare services agencies may require 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) to file a necessary report on such facilities or the services concerned, and require a related public official to investigate the operating status thereof or to inspect books and other relevant documents. <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007> |
| (2) | A person who establishes and operates welfare facilities for the aged under Article 31 shall submit the data on the annual status of inmates or users thereof to welfare services 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 document indicating his/her authority and present it to interested persons. |
| Article 43 (Suspension, etc. of Services) |
| (1) | Where a residential welfare institution for the aged, a medical welfare institution for the aged, or an agency helping seniors land a job under Article 23-2 (1) 2 falls under any of the following, the Mayor/Do Governor or the head of a Si/Gun/Gu may order the suspension or closure of its services for a maximum period of one month: <Amended by Act No. 5851, Feb. 8, 1999; Act No. 7452, Mar. 31, 2005; Act No. 8608, Aug. 3, 2007; Act No. 9964, Jan. 25, 2010; Act No. 11854, Jun. 4, 2013; Act No. 12066, Aug. 13, 2013> |
| 1. | Where it falls short of criteria for facilities, etc. under Article 23-2 (4), 33 (3), or 35 (3); |
| 2. | Where it refuses the entrustment in violation of Article 41; |
| 3. | Where it fails to file a report or submit data under Article 42, files a false report or submits false data, or refuses, obstructs, or evades investigation or inspection, without good cause; |
| 5. | Deleted. <by Act No. 8608, Aug. 3, 2007> |
| (2) | Where a leisure welfare facility for the aged or a commuting system welfare facility for the aged falls under any of the following, the head of a Si/Gun/Gu may order the suspension or closure of its services for a maximum period of one month: <Amended by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007; Act No. 12066, Aug. 13, 2013> |
| 1. | Where it fails to satisfy the criteria prescribed in Article 37 (3) or 39 (3); |
| 2. | Where it (limited to a commuting system welfare facility for the aged) refuses to conduct entrusted affairs, in violation of Article 41; |
| 3. | Where it fails to file a report or submit data under Article 42, files a false report or submits false data, or refuses, obstructs, or evades investigation or inspection, without good cause; |
| 5. | Deleted. <by Act No. 8608, Aug. 3, 2007> |
| (3) | The detailed criteria for administrative disposition provided in paragraphs (1) and (2) shall be prescribed by Ministerial Decree of Health and Welfare in consideration of the gravity of violations, etc. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
Where the head of a Si/Gun/Gu intends to order discontinuance of services prescribed in Article 43, he/she shall hold a hearing. <Amended by Act No. 7452, Mar. 31, 2005>
| Article 45 (Allocation of Expenses) |
| (1) | Deleted. <by Act No. 8385, Apr. 25, 2007> |
| (2) | Any of the following expenses shall be borne by the State or local governments as prescribed by Presidential Decree: <Amended by Act No. 7585, Jul. 13, 2005; Act No. 10563, Apr. 7, 2011> |
| 1. | Expenses incurred in establishing, operating, or entrusting a dedicated elderly employment agency in accordance with Article 23-2 (2); |
| 2. | Expenses incurred in conducting health examination, etc. under Articles 27 and 28 and in making dispositions such as consultation and admission, etc.; |
| 3. | Expenses incurred in establishing and operating 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 services 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 the person who is under duty to support him/her. |
| (2) | Where a person who is not responsible for providing support offers the level of protection that corresponds to welfare measures prescribed in Article 28, he/she shall, without delay, inform the relevant fact to the person who is under duty to support or the welfare services agency. |
| (3) | A person who has offered protection under paragraph (2) may request all or some of the expenses for the protection to a person who is under duty to support. |
| (4) | Necessary matters concerning the request, etc. for expenses defrayed under paragraph (1) or (3) shall be prescribed by 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 and 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 services 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 of and Exemption from Tax) |
With regard to the buildings and lands, etc. used for the aged by welfare facilities under Article 31, the reduction of and exemption from taxes and other public imposts may be granted pursuant to the provisions of the relevant statutes, such as the Act on Regulation of Tax Reduction and Exemption. <Amended by Act No. 8385, Apr. 25, 2007>
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 50 (Request for Review) |
| (1) | If the aged or a person who is under duty to support has an objection against any welfare measure under this Act, he may request a relevant welfare services agency to review it. |
| (2) | The welfare services agency shall, upon receiving a request for review under paragraph (1), conduct a review and make a decision regarding the matter and notify results 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) | Where no agreement is reached between a person who offered protection and a person who is under duty to support with respect to protection expenses to be born by the person who is under duty to support under Article 46 (3), where the head of a Si/Gun/Gu receives a request for coordination from the interested parties, he may coordinate this case. <Amended by Act No. 7152, Jan. 29, 2004> |
| (5) | Where the head of a Si/Gun/Gu deems it necessary for the coordination under paragraph (4), he may request the person who is under duty to support to submit the data on income and property. |
| Article 51 (Honorary Adviser for Welfare for the Aged) |
| (1) | The welfare services 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) |
Where deemed necessary to foster research facilities or projects related to the health and welfare of the aged, the State or local governments may have the State-owned or public-owned properties gratuitously lent, used, or benefitted, notwithstanding the provisions of the State Properties Act or the Local Finance Act.
| Article 55 (Special Case concerning the Building Act) |
| (1) | Any welfare institution for the aged at home, a communal living home for the aged and medical treatment, and a 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) | The purpose of a building for a welfare house for the aged under this Act shall be deemed as an institution for the aged and infants, notwithstanding the provisions of other relevant statutes. <Added by Act No. 5851, Feb. 8, 1999; Act No. 8608, Aug. 3, 2007> |
CHAPTER VII PENALTY PROVISIONS
| Article 55-2 (Penalty Provisions) |
Any person who has committed the acts falling under subparagraph 1 of Article 39-9 (limited to the injury) shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 20 million won. [This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 55-3 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor 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; |
| 2. | A person who has protected a missing elderly person without making a report thereon without good cause, in violation of Article 39-10 (1). |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 55-4 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding ten million won:
| 1. | A person who has committed an act falling under subparagraph 5 of Article 39-9; |
| 2. | A person who has refused or obstructed access or investigation by the public official concerned under Article 39-11 (2) by using a deceptive scheme or deceptive power. |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 56 (Penalty 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 with labor for not more than two years or by a fine not exceeding the amount of money obtained 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 a report thereon under Articles 33 (2) and 35 (2) shall be punished by imprisonment with labor 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 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won:
| 1. | A person who has transferred or leased a welfare house for the aged in violation of Article 33-2 (3); |
| 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 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding three million won: <Amended by Act No. 8608, Aug. 3, 2007; Act No. 9964, Jan. 25, 2010; Act No. 10785, Jun. 7, 2011>
| 1. | A person who establishes or operates an institution for the aged, 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 a report thereon as referred to in Articles 33 (2), 35 (2), 37 (2), or 39 (2); |
| 2. | A person who establishes or operates an institute for caregiver education, without receiving a designation as such institution under Article 39-3 (1); |
| 3. | A person who violates his/her duty to protect the identity of a reporter and not to reveal the identity thereof under Article 39-6 (3); |
| 4. | A person who divulges confidential information he/she has become aware of in the course of performing 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 (Penalty Provisions) |
A person who has refused an entrusted task in violation of Article 41 shall be subject to a fine not exceeding 500 thousand won. <Amended by Act No. 8608, Aug. 3, 2007>
| Article 60 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or an individual commits an offense under Article 55-3, 56, 57 or 59 in connection with the business affairs of the corporation or individual, not only shall such offender be punished, but also the corporation or individual shall be punished by a fine under the relevant provisions: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such offense. [This Article Wholly Amended by Act No. 9964, Jan. 25, 2010]
| Article 61 Deleted. <by Act No. 8385, Apr. 25, 2007> |
| Article 61-2 (Administrative Fines) |
| (1) | An administrative fine not exceeding five million won shall be imposed on a person who has failed to file a report or submit data, or who has filed a false report or false data in violation of orders issued under Article 39-11 (2), or a person who has refused, evaded, or obstructed access, investigation or inquiry by a relevant public official or who has made a false statement without good cause. |
| (2) | An administrative fine not exceeding three million won shall be imposed on a person who has failed to report elder abuse, in violation of Article 39-6 (2). <Added by Act No. 11513, Oct. 22, 2012> |
| (3) | An administrative fine not exceeding two million won shall be imposed on any of the following persons: <Amended by Act No. 10785, Jun. 7, 2011; Act No. 11513, Oct. 22, 2012> |
| 1. | A person who has rejected or interfered with an on-site investigation, in violation of Article 39-7 (3); |
| 2. | A person who has failed to submit an identification card in violation of Article 39-10 (2); |
| 3. | A person who has shut down or suspended a welfare institution for the aged without filing a report in violation of Article 40. |
| (4) | An administrative fine under the provisions of paragraphs (1) through (3) shall be imposed and collected by the Minister of Health and Welfare, the Mayor/Do governor, the head of a Si/Gun/Gu as prescribed by Presidential Decree. <Amended by Act No. 11513, Oct. 22, 2012> |
| (5) | and (6) Deleted. <by Act No. 11513, Oct. 22, 2012> |
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 62 (Charges for Compelling Performance) |
| (1) | The head of a Si/Gun/Gu may impose a charge for compelling the performance on a person who has failed to comply with orders issued under Article 33-3, where he/she has failed to comply with orders by a reasonable deadline for compliance 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 obtained 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 a Si/Gun/Gu shall issue 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) | Where the head of a 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 for such imposition, deadline for payment and agency receiving charges for compelling the performance, method of raising an objection, and an agency to which an objection is to be raised. |
| (4) | The head of a Si/Gun/Gu may impose and collect charges 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) | Where a person who was ordered pursuant to Article 33-3 has complied with the orders, the head of a Si/Gun/Gu shall immediately suspend the imposition of new charges for compelling the performance, but collect the charges for compelling the performance already imposed. |
| (6) | Where a person who has received the disposition of imposition of charges for compelling the performance pursuant to paragraph (3) does not pay the charges for compelling the performance by deadline, the head of a Si/Gun/Gu shall collect it pursuant to the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013> |
[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 concerning 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 concerning Welfare Facilities for the Aged) Welfare facilities established by the former provisions at the time this Act enters into force shall be regarded as being established by this Act. |
| (4) | (Relationship to other Statutes) Where other 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 being 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 concerning Recognition of Qualifications of Recipients of Old-age Pension) With respect to a person who is determined as a qualified recipient 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 concerning 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 reported under the amended provisions of Article 39-3 (1). |
| (4) | (Transitional Measures concerning 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 a report on the collection of expenses under the amended provisions of Article 46 (5). |
ADDENDA <Act No. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6916, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 7152, Jan. 29, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7452, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (General Transitional Measures concerning Administrative Dispositions, etc.)
| (1) | The dispositions taken by the administrative institutions under the 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. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8608, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 32, 34 and 38 shall enter into force eight months after the date of its promulgation and the amended provisions of Articles 39-2 and 39-3 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Restrictions on Supply of Welfare House for the Aged)
The amended provisions of Article 33-2 (5) shall apply, beginning with the first welfare house for the aged which submits an application for approval of a project plan pursuant to Article 16 of the Housing Act after this Act enters into force. Article 3 (Applicability to Order to Dispose of Welfare House for the Aged and Charge for Compelling Performance)
The amended provisions of Articles 33-3 and 62 shall apply, beginning with the first person to whom a welfare house for 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 premium 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 provisions of Article 32 (1) 1, a welfare house for the aged at cost and a premium 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 premium sanatorium for the aged, a specialized sanatorium for the aged, and a specialized premium sanatorium for the aged under the amended provisions of Article 34 (1) 1, an institution sending home service workers, a daytime protection institution, and a short-term protection institution to be a welfare institution for the aged at home under the amended provisions of Article 38 (1) respectively. Article 4-2 (Special Cases concerning Transfer, etc. of Welfare House for the Aged)
A welfare house for the aged for which permission has been obtained under the Building Act or a project plan has been approved under the Housing Act before August 4, 2008, may be transferred (including purchase and sale, donation, or all the other acts accompanied by a change of ownership) or leased to a person not qualified for admission, notwithstanding the amended provisions of paragraph (3) and the proviso to paragraph (4) of Article 33-2. [This Article Added by Act No. 10509, Mar. 30, 2011]
Article 4-3 (Special Cases concerning Qualifications for Admission to Welfare House for the Aged)
A person under 60 years of age not qualified for admission may be admitted into a welfare house for the aged for which permission has been obtained under the Building Act or a project plan has been approved under the Housing Act before August 4 in 2008, notwithstanding the amended provisions of Article 33-2 (1). [This Article Added by Act No. 10509, Mar. 30, 2011]
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 provide 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 life guidance counselor 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 Administrative Fines)
The former provisions shall apply to penalty provisions and administrative fines 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. |
ADDENDUM <Act No. 10509, Mar. 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10563, Apr. 7, 2011>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Dedicated Elderly Employment Agencies) A dedicated elderly employment agency under the former provisions at the time this Act enters into force shall be deemed a dedicated elderly employment agency under the amended provisions of Article 23-2 (2). |
ADDENDA <Act No. 10785, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Geriatric Hospitals)
Notwithstanding the amended provisions of Article 34 (1), the former provisions shall apply to geriatric hospitals (including hospitals that have obtained a building permit as a geriatric hospital and are being built) that were granted permits in accordance with the former provisions at the time this Act enters into force. Article 3 (Transitional Measures concerning Recreation Centers for the Aged)
Notwithstanding the amended provisions of Article 36 (1), the former provisions shall apply to recreation centers for the aged (including recreation centers that have obtained a building permit as a recreation center for the aged and are being built) reported in accordance with the former provisions at the time this Act enters into force. Article 4 Omitted.
ADDENDA <Act No. 10997, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11013, Aug. 4, 2011>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDUM <Act No. 11249, Feb. 1, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11513, Oct. 22, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11854, Jun. 4, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12066, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Suspension of Services)
The amended provisions of Article 43 shall also apply where the administrative disposition is taken for an offense committed before this Act enters into force.