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
Act No. 12066, Aug. 13, 2013
Act No. 13102, Jan. 28, 2015
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promoting the health and welfare of older persons by preventing or detecting diseases affecting older persons early, maintaining mental and physical health through proper treatment and recuperation taking into account their specific conditions, and formulating appropriate measures for stable lives of older persons.
| 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 older persons on the grounds of business or employment relations, etc.; |
| 4. | The term "elder abuse" means any act of physical, mental, emotional, and sexual violence, and economic exploitation of, or atrocities against, or desertion or neglect of, older persons. |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 2 (Fundamental Ideas) |
| (1) | Older persons 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 ensured. |
| (2) | Older persons shall be guaranteed the opportunities to be engaged in proper jobs and to participate in social activities, depending on their abilities. |
| (3) | Older persons shall try to maintain mental and physical health at all times, based on the recognition of mental and physical changes that occur as they get older, and contribute to the development of society by utilizing their knowledge and experience. |
| Article 3 (Development and Maintenance of Family Systems) |
The State and people shall make efforts to develop and maintain the sound family system based on the traditional custom of expressing respect and love for older persons and parents.
| Article 4 (Responsibility for Promoting Health and Welfare) |
| (1) | The State and local governments shall be responsible for promoting the health and welfare of older persons and shall formulate and implement measures for these purposes. |
| (2) | In formulating measures under paragraph (1), the State and local governments shall make efforts to accomplish the fundamental ideas prescribed in Article 2. |
| (3) | A person, who operates a business related to the daily lives of older persons, shall make efforts to promote the health and welfare of older persons as he/she operates the relevant business. |
| Article 5 (Surveys on Status of Older Persons) |
| (1) | The Minister of Health and Welfare shall investigate the current status of the health and welfare of older persons every three years and publicly announce the results thereof. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare may request the head of a related institution, corporation, organization, or facility to submit necessary data or to present his/her opinion, in order to investigate the current status pursuant to paragraph (1). In such cases, the head of the related institution, corporation, organization, or facility shall comply with such request unless there is good cause not to do so. <Added by Act No. 13102, Jan. 28, 2015> |
| (3) | Necessary matters concerning methods 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; Act. No. 13102, Jan. 28> |
[This Article Added by Act No. 8200, Jan. 3, 2007]
| Article 6 (Older Persons Day, etc.) |
| (1) | In order to draw social attention to older persons and to raise awareness of the importance of paying respect to older persons, the Older Persons Day shall be observed on October 2 every year and the Older Persons Month in October every year. |
| (2) | In order to encourage people to practice filial piety to their parents, 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 Older Persons) |
| (1) | In order to take charge of the affairs related to the welfare of older persons, counselors for the welfare of older persons shall be placed in a 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 older persons shall be determined by Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999> |
| Article 8 (Residential Facilities Reserved for Older Persons) |
The State or local governments shall encourage the provision of residential facilities that have functions and equipment suitable for older persons 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 for Social Participation of Older Persons) |
| (1) | In order to expand the social participation of older persons, the State or local governments shall make efforts to expand the opportunities for older persons to engage in community service activities, to formulate policies to develop and diffuse the occupational categories suitable for older persons, and to provide the job opportunities first and foremost to older persons who has the ability to work. |
| (2) | The State or local governments may, in order to encourage older persons to actively engage in community services and to have jobs, provide the necessary assistance to the welfare agencies for older persons, such as community service agencies of older persons and job placement agencies for older persons, etc. |
| Article 23-2 (Establishment and Operation of Dedicated Elderly Employment Agencies) |
| (1) | Agencies dedicated to helping older persons 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 older persons: An agency that provides support for older persons through programs such as the ones designed to create and provide jobs for older persons and the ones focused on research, education and public relations, cooperation, program certification, assessment, etc.; |
| 2. | Agency helping older persons land a job: An agency directly in charge of the creation and provision of jobs for older persons, fostering of entrepreneurship and growth of startups, the production and sale of goods by older persons, etc.; |
| 3. | Job placement agency for older persons: An agency providing counseling and information to the elderly about getting a job or an agency helping older persons 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 facilities and personnel required of agencies helping older persons 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 highly respected, 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: <Amended by Act No. 13102, Jan. 28, 2015> |
| 1. | Providing consultation and rendering advice to civil petitioners among the affairs performed by the State or local governments; |
| 2. | Directing traffic, providing assistance with parking or stopping control or control of environmental impairment and deeds against preservation of nature, and giving guidance to juveniles; |
| 3. | Providing education on cultural heritage, such as the values of loyalty and filial piety and traditional etiquettes; |
| 4. | Protecting and giving guidance on cultural properties; |
| 4-2. | Providing older persons with education on traffic safety and prevention of traffic accident; |
| 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 be given a priority.
| Article 26 (Preferential Treatment of Older Persons) |
| (1) | The State or local governments may provide the persons 65 years old or over with a free or discounted admission to public facilities, such as transportation facilities of the State or local governments, ancient palaces, royal tomb gardens, museums, parks, etc. as prescribed by Presidential Decree. |
| (2) | The State or local governments may recommend persons who operate a business related to the daily lives of older persons to grant a discount to persons aged 65 years old or over. |
| (3) | The State or local governments may extend proper assistance to the persons who grant a discount to older persons under paragraph (2). |
| Article 27 (Medical Examinations, etc.) |
| (1) | The State or local governments may conduct medical examinations and provide health education for those aged 65 years old or over, as prescribed by Presidential Decree. In such cases, the most common diseases by gender, etc. shall be taken into consideration in such examinations and education, as prescribed by Ministerial Decree of Health and Welfare. <Amended by Act No. 13102, Jan. 28, 2015> |
| (2) | Where deemed necessary as a result of the medical examination conducted under paragraph (1), the State or local governments shall provide the persons who have undergone the relevant medical examination with the necessary guidance. |
| Article 27-2 (Support for Older Persons Living Alone) |
| (1) | The State or local government shall provide older persons living alone with services, such as visiting medical treatment service, etc. and take protective measures, such as safety confirmation, etc. |
| (2) | 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 Metropolitan Autonomous City Mayor, a Metropolitan City Mayor, Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as "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 of older persons: <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 the welfare of older persons to provide consultation and guidance to persons aged 65 years or older or persons who protect the older persons; |
| 2. | To admit persons aged 65 years or older, for whom protection at home is impracticable due to physical, mental, economic, or circumstantial reasons, to residential welfare facilities for older persons or the commuting-system welfare facilities for older persons at home, or to entrust their admission to such facilities; |
| 3. | To admit persons aged 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 older persons, or to entrust their admission to such facilities. |
| (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, where deemed necessary to protect those aged under 65 years due to serious signs of decrepitude, take measures falling under paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | Where a person who has been admitted to a facility under paragraph (1) or (2) 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 Older Persons) |
| (1) | The State or local governments may conduct medical treatment projects for rehabilitation of older persons who need physical or mental rehabilitation. |
| (2) | Details of medical treatment projects for rehabilitation of older persons 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 OLDER PERSONS
| Article 31 (Types of Welfare Facilities for Older Persons) |
The type of welfare facilities for older persons shall be as follows: <Amended by Act No. 7152, Jan. 29, 2004; Act No. 11854, Jun. 4, 2013>
| 1. | Residential welfare facilities for older persons; |
| 2. | Medical welfare facilities for older persons; |
| 3. | Leisure welfare facilities for older persons; |
| 4. | Commuting-system welfare facilities for older persons at home; |
| 5. | Specialized agencies for the protection of older persons; |
| 6. | Agencies helping older persons land a job under Article 23-2 (1) 2. |
| Article 31-2 (Relationship with Reporting under the Social Welfare Services Act) |
[This Article Added by Act No. 8608, Aug. 3, 2007]
| Article 32 (Residential Welfare Institutions for Older Persons) |
| (1) | Residential welfare institutions for older persons shall be the following institutions: <Amended by Act No. 8608, Aug. 3, 2007; Act No. 13102, Jan. 28, 2015> |
| 1. | An institution for older persons: An institution intending to provide older persons admitted thereto with meals and other conveniences necessary for their daily life; |
| 2. | A communal living home for older persons: An institution intending to provide older persons with home-like residential circumstances, meals and other conveniences necessary for their daily life; |
| 3. | A welfare house for older persons: An institution intending to provide conveniences necessary for their daily life, such as convenient residence, guidance of life and advice, and safety management, through a lease of a residential institution to older persons. |
| (2) | Matters necessary for the eligibility, procedures, and expenses for the admission to, and lease of a residential welfare institution for older persons 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; Act No. 13102, Jan. 28, 2015> |
| (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 older persons. <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 Older Persons) |
| (1) | The State or local governments may establish residential welfare facilities for older persons. |
| (2) | Where persons, other than the State or local governments, intend to establish residential welfare facilities for older persons, they shall file a report to the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu (hereinafter referred to as "head of a Si/Gun/Gu"). <Amended by Act No. 7452, Mar. 31, 2005; Act No. 8608, Aug. 3, 2007> |
| (3) | Necessary matters concerning the criteria for the establishment, personnel and operation of the residential welfare facilities for older persons, and report on the establishment, matters to be observed by a person who establishes and operates the facility, 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 Older Persons) |
| (1) | A person qualified for admission to a welfare house for older persons shall be a person aged 60 years or older (hereinafter referred to as "person qualified for admission"): Provided, That any of the following persons may be admitted, along with a person qualified for admission: <Amended by Act No. 13102, Jan. 28, 2015> |
| 1. | The spouse of a person qualified for admission; |
| 2. | Children or grandchildren aged under 19 years of a person qualified for admission who takes responsibility for supporting them. |
| (2) | A person who builds or intends to build a welfare house for older persons, shall lease such house to a person qualified for admission. <Amended by Act No. 13102, Jan. 28, 2015> |
| (3) | No person to whom a welfare house for older persons has been leased pursuant to paragraph (2), shall sublease the relevant residential institution for older persons, to a person who is not qualified for admission. <Amended by Act No. 13102, Jan. 28, 2015> |
| (4) | Deleted. <by Act No. 13102, Jan. 28, 2015> |
| (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 older persons to a level not exceeding a certain figure, taking into account the size of the elderly population, the current status of demand for and supply of residential welfare institutions for older persons, and the efficient utilization of the welfare house for older persons, etc. in the area. |
| (6) | A person who has built the welfare house for older persons pursuant to Article 33 (2) may entrust the operation, in whole or in part, of the welfare house for older persons 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 Deleted. <by Act No. 13102, Jan. 28, 2015> |
| Article 34 (Medical and Welfare Institutions for Older Persons) |
| (1) | Medical and welfare institutions for older persons shall be any of the following institutions: <Amended by Act No. 8608, Aug. 3, 2007> |
| 1. | A sanatorium for older persons: An institution intending to provide meals, medical treatment and other convenience necessary for the daily lives of older persons 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 older persons: An institution intending to provide a home-like residential environment, meals, medical treatment and other convenience necessary for the daily lives of older persons 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 older persons, costs of and procedures for admission, 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 Older Persons) |
| (1) | The State or local governments may establish medical and welfare institutions for older persons. |
| (2) | Where a person, other than the State or local governments, intends to establish a medical and welfare institution for older persons, 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, personnel, and operation of medical and welfare institutions for older persons, 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 Older Persons) |
| (1) | Leisure and welfare institutions for older persons shall be any of the following institutions: <Amended by Act No. 8608, Aug. 3, 2007> |
| 1. | A welfare center for older persons: An institution intending to provide various information and services to older persons 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 older persons; |
| 2. | A center for older persons: Facilities aimed at providing venues for older persons 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 older persons: Facilities that offer educational programs with respect to sound hobbies, health maintenance, income security, and other programs related to the daily life of older persons, 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 Older Persons) |
| (1) | The State or local governments may establish a leisure and welfare institution for older persons. |
| (2) | Where persons, other than the State or local governments, intend to establish leisure and welfare institutions for older persons, they shall file 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 centers for older persons. <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 older persons, 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 Centers for Older Persons) |
| (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 centers for older persons within budgetary limits. |
| (2) | The State or a local government may fully or partially subsidize the heating and cooling expenses at centers for older persons within budgetary limits. |
[This Article Added by Act No. 11249, Feb. 1, 2012]
| Article 37-3 (Reduction of and Exemption from Public Charges to Centers for Older Persons) |
| (2) | Any water service provider (where a water service provider is a local government, it refers to the head of the relevant local government) prescribed in the Water Supply and Waterworks Installation Act may help centers for older persons with reduction of or exemption from water bills. |
[This Article Added by Act No. 11249, Feb. 1, 2012]
| Article 38 (Commuting-System Welfare Facility for Older Persons at Home) |
| (1) | The term "commuting-system welfare facility for the older persons 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 older persons in the community by providing various convenient services for older persons, who spend all day at home, suffering from physical and mental illnesses (hereinafter referred to as "older persons 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 older persons who are unable to be protected by their families due to any 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 older persons 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 any unavoidable cause by admitting them to protection facilities for a short period of time; |
| 4. | Visiting bath service: Service visiting older persons 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 older persons at home. |
| (2) | Necessary matters concerning eligible users of commuting-system welfare facility for older persons at home, bearing of expenses incurred in connection therewith, and 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 Older Persons at Home) |
| (1) | The State or local governments may establish commuting-system welfare facilities for older persons at home. |
| (2) | Where persons, other than the State or local governments, intend to establish commuting-system welfare facilities for older persons at home, they shall file a report thereon to the head of a Si/Gun/Gu. |
| (3) | Necessary matters concerning the criteria for the establishment, personnel and operation and the report on establishment of the commuting-system welfare facilities for older persons at home, 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 Issuance of License of Caregivers) |
| (1) | A person who establishes and operates a welfare institution for older persons shall employ caregivers who perform duties such as providing support for physical activities or household activities of older persons, 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 qualifying 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 qualifying 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 qualifying examination for caregivers, as prescribed in paragraph (2), and a person who has his/her license of caregivers issued or reissued, as prescribed by Ministerial Decree of Health and Welfare. <Added by Act No. 9964, Jan. 25, 2010> |
| (5) | Necessary matters concerning curricula, administration of qualifying examinations, and issuance of a license 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 improper 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) | Necessary matters concerning 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 elder abuse 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 Older Persons) |
| (1) | The State shall establish and operate a central institution specializing in protecting older persons in charge of the following affairs to establish interconnection among regions and to prevent elder abuse: |
| 1. | Policy proposals related to protecting the human rights of older persons; |
| 2. | Research on and the development of programs to protect the human rights of older persons; |
| 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 older persons and offering business support thereto; |
| 6. | In-depth education for counselors at regional institutions specializing in protecting older persons; |
| 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 older persons. |
| (2) | In order to ensure prompt identification and protection of and medical care, etc. for abused elderly and to prevent elder abuse, specialized regional agencies for the protection of older persons, which are in charge of the following affairs, shall be established in the Special Metropolitan City, Metropolitan Cities, Dos, and a Special Self-governing Province (hereinafter referred to as "City/Do"): |
| 1. | The operation of a hotline to report elder abuse and receipt of reports on 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. | Keeping and storage of records 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 conduct activities to prevent elder abuse and entrust such nonprofit corporation with the operations of a specialized central agency for the protection of older persons under paragraph (1) and a specialized regional agency for the protection of older persons under paragraph (2). |
| (4) | Matters necessary for setting out criteria for the establishment and operation of a central institution specializing in protecting older persons under paragraph (1) and matters necessary for setting out criteria for the establishment and operation of a regional institution specializing in protecting older persons 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/she may file a report thereon to an institution specializing in protecting older persons or an investigation agency. <Amended by Act No. 8367, Apr. 11, 2007> |
| (2) | Where any of the following persons has learned of a suspected case 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 older persons or an investigative agency: <Amended by Act No. 10785, Jun. 7, 2011> |
| 2. | The head of a welfare facility for older persons under Article 31 and persons who work there, and a welfare counselor for older persons 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 shall include the educational content related to the prevention of elder abuse and obligations to report elder abuse in the qualification course or refresher training course for persons falling under any subparagraph of paragraph (2). <Added by Act No. 11513, Oct. 22, 2012> |
| (5) | Matters necessary to establish the content, time and method, etc. of 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 to Take Emergency Measures, etc.) |
| (1) | Any staff member of a specialized agency for the protection of older persons or judicial police officer who has received a report on elder abuse under Article 39-6 shall promptly go to the scene of the elder abuse. In such cases, the head of a specialized agency for the protection of older persons or the head of an investigation agency may request that the relevant staff member or a police officer under his/her control accompany the other party to the scene of the elder abuse, and upon receipt of such request, he/she shall instruct the relevant staff member or a police officer under his/her control to do so. <Amended by Act No. 13102, Jan. 28, 2015> |
| (2) | Where any staff member of a specialized agency for the protection of older persons or judicial police officer goes to the scene of the elder abuse pursuant to paragraph (1), he/she may enter the place of such abuse and conduct an investigation into the related persons, or an interrogation thereof, in order to protect the victim. In such cases, the staff member of a specialized agency for the protection of older persons may conduct an investigation or interrogation, only for protecting the victim of the relevant elder abuse. <Added by Act No. 13102, Jan. 28, 2015> |
| (3) | Where any staff member of a specialized agency for the protecting of older persons or judicial police officer enters the place of the elder abuse and conducts an investigation or interrogation pursuant to paragraph (2), he/she shall carry an identification indicating his/her authority and present it to the related persons. <Added by Act No. 13102, Jan. 28, 2015> |
| (4) | Where any staff member of a specialized agency for the protection of older persons or judicial police officer conducts an investigation or interrogation pursuant to paragraph (2), he/she shall take necessary measures, such as conducting an investigation at a place in the absence of the relevant elder abuser, so that the victim, reporter, observer, and other relevant persons can state his/her opinions freely. <Added by Act No. 13102, Jan. 28, 2015> |
| (5) | A person who has arrived at the scene of abuse pursuant to paragraph (1), shall separate the elder abuse victim from the abuser or shall guide older persons to a specialized agency for the protection of older persons or a medical institution where medical treatment is deemed necessary. <Amended by Act No. 13102, Jan. 28, 2015> |
| (6) | No person shall refuse, or interfere with, an on-site investigation conducted by a person who has arrived at the scene of elder abuse, without good cause. <Added by Act No. 10785, Jun. 7, 2011; Act No. 13102, Jan. 28, 2015> |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-8 (Appointment of Assistant, etc.) |
| (1) | A legal representative, lineal relative, or sibling of the abused older person, or a counselor or lawyer of a specialized agency for the protection of older persons, may become an assistant in a trial of the elder abuse case: Provided, That if such a person is not a lawyer, he/she shall obtain permission from the court. |
| (2) | Where a court interrogates an abused older person as a witness, if there exists a request from the principal, public prosecutor, or a specialized agency for the protection of older persons, it may permit a person in a confidential relationship with the principal to sit in company with him/her. |
| (3) | Procedures referred to in paragraphs (1) and (2) shall also apply mutatis mutandis where a criminal investigation agency conducts an investigation of abused older persons. |
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-9 (Prohibited Acts) |
No one shall be allowed to conduct any of the following acts:
| 1. | Acts of violence against older persons, or of inflicting injury thereupon; |
| 2. | Acts including sexual violence or harrassment, etc. that give a sense of sexual shame to older persons; |
| 3. | Acts of desertion of older persons under his own protection or supervision, or of noninterference neglecting basic needs, including food, clothing and shelter and medical treatment; |
| 4. | Acts of making older persons ask for alms, or asking for alms by utilizing older persons; |
| 5. | Acts of using the money and valuables donated or provided to older persons 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 Older Persons) |
| (1) | No one shall keep in custody of a missing older person (hereinafter referred to as "missing older person"), who lost touch with a guardian due to an accident, etc., without filing 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 older persons under Article 31 (including an institution protecting older persons 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 older person 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 the prevention of such incidents, for the early identification and return of a missing older person. In such cases, the Minister of Health and Welfare may entrust the whole or part of his/her affairs to a juristic person or an organization related to the welfare of older persons: |
| 1. | Investigation and research related to missing older persons; |
| 2. | Establishment and operation of database for missing older persons; |
| 3. | Other matters necessary for the protection and support of missing older persons. |
| (4) | The Commissioner of the National Police Agency shall take the following steps for the early location and return of missing older persons : <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 older persons; |
| 2. | Other matters necessary for locating missing older persons and helping them 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]
| 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, require the related public officials or the counselors for welfare of older persons to enter the welfare facility for older persons and the place of domicile and residence of older persons, the employment place of older persons, or the place where a violation of the prohibited acts referred to in Article 39-9 might occur, and to conduct a required investigation into older persons or related persons, or an interrogation thereof. |
| (2) | When necessary for finding a missing older person, the Commissioner of the 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 have a public official under his/her control enter a protection institution to conduct necessary investigation or inquiry into the person concerned or the relevant older persons. <Added by Act No. 8608, Aug. 3, 2007> |
| (3) | In cases falling under paragraphs (1) and (2), the related public officials or the counselors for welfare of older persons shall carry an identification indicating their authority and present it to older persons or the related persons. <Amended by Act No. 8608, Aug. 3, 2007> |
| (4) | Necessary matters concerning the details and forms, etc. of the identification 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) |
No person who is or was engaged in the duties relating to a protection of abused older persons under this Act, shall divulge secrets that have come to their knowledge in the course of performing their duties.
[This Article Added by Act No. 7152, Jan. 29, 2004]
| Article 39-13 (Disqualifications for Caregivers) |
Any of the following persons shall be disqualified from being a caregiver: <Amended by Act No. 13102, Jan. 28, 2015>
| 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 narcotics, marijuana or psychotropic drugs; |
| 3. | A person under adult guardianship; |
| 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 for Caregivers) |
| (1) | Where a caregiver falls under any of the following subparagraphs, 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 services for older persons, 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 older persons under Article 33 (2) or a medical welfare facility for older persons under Article 35 (2), intends to modify matters prescribed by Ministerial Decree of Health and Welfare from among reported details with respect to the establishment, or to close down or suspend such facility, he/she shall file 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 older persons under Article 37 (2) or a commuting-system welfare facility for older persons at home 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 file 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) |
Where welfare services agencies entrust the admission of older persons into a facility or a funeral of older persons to a person who establishes and operates an institution for older persons, a communal living home for older persons and a welfare house for older persons under Article 32 (1) or a sanatorium for older persons and a medical treatment and communal living home for older persons under Article 34 (1) or a commuting-system welfare facility for older persons at home under Article 38 (1), pursuant to Article 28 (1) 2 and 3, or paragraph (2) or (3) of the said Article, he/she 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 older persons under Article 31 or an institute for caregiver education under Article 39-3 (1), to file a necessary report on such facilities or the services concerned, or 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 older persons under Article 31, shall submit the data on 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 person conducting investigation and inspection under paragraph (1) shall carry an identification indicating his/her authority and present it to the related persons. |
| Article 43 (Suspension, etc. of Services) |
| (1) | Where a residential welfare facility for older persons, a medical welfare facility for older persons, or an agency helping older persons 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 Articles 23-2 (4), 33 (3), or 35 (3); |
| 2. | Where it refuses accepting an entrustment task 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 older persons or a commuting-system welfare facility for older persons at home 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 older persons at home) 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 for 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 medical examinations, 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 older persons 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 the expenses defrayed, as prescribed by Presidential Decree, from the relevant older person 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 person who is under duty to support or the welfare services agency of such fact. |
| (3) | A person who has offered protection under paragraph (2) may request all or part of the expenses for the protection from 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 older persons, a communal living home for older persons, and a welfare house for older persons under Article 32 (1), or a sanatorium for older persons and a medical treatment and communal living home for older persons under Article 34 (1), intends to collect expenses from persons other than qualified recipients of basic livelihood security benefits who are admitted to or who access such 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 older persons under Article 36 (1) or commuting-system welfare facility for older persons at home under Article 38 (1), or who provides conveniences thereof, intends to collect expenses incurred therein from the person who uses such facilities, he/she shall report, in advance, to the head of a Si/Gun/Gu. |
| Article 47 (Subsidization of Expenses) |
The State or local governments may subsidize expenses incurred in the establishment and operation of welfare facilities for older persons as prescribed by Presidential Decree.
| Article 48 (Disposition of Articles Left) |
The head of a welfare services agency or welfare facility for older persons may, when holding a funeral prescribed in Article 28 (3), use the currency or securities left by the departed to cover expenses for a funeral, and where there is not enough money to cover such expenses, may dispose of articles left to help pay for the funeral.
| Article 49 (Reduction of and Exemption from Tax) |
With regard to the buildings and lands, etc. used for older persons by welfare facilities under Article 31, the reduction of and exemption from taxes and other public charges 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 an older person or a person who is under duty to support has an objection to any welfare measure under this Act, he/she may request a relevant welfare services agency to review it. |
| (2) | Upon receiving a request for review under paragraph (1), the welfare services agency shall conduct a review and make a decision regarding the matter and notify the requesting person of the results 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/she 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 borne 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/she 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/she 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 Older Persons) |
| (1) | The welfare services agencies may commission honorary advisers for welfare for older persons to protect older persons admitted to an institution for older persons, a communal living home for older persons, a welfare house for older persons, a sanatorium for older persons, and a medical treatment and communal living home for older persons. <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 older persons 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 part of his/her authority granted 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 part of his/her authority granted under this Act to a juristic person or corporation, respectively, pursuant to Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| Article 54 (Lending, etc. of State or Public Properties) |
Where deemed necessary to foster research facilities or projects related to the health and welfare of older persons, the State or local governments may have the State or public properties be gratuitously lent, used, or benefitted, notwithstanding the provisions of the State Property Act or the Local Finance Act.
| Article 55 (Special Cases concerning the Building Act) |
| (1) | Any commuting-system welfare facility for older persons at home, a communal living home for older persons and medical treatment and a communal living home for older persons 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 older persons under this Act shall be deemed as an institution for older persons and infants, notwithstanding the provisions of other statutes related to building. <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 older person without filing 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 exerting influence. |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 56 (Penalty Provisions) |
| (1) | A person who has leased a welfare house for older persons 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 leased by ten million won. <Amended by Act No. 13102, Jan. 28, 2015> |
| (2) | Deleted. <by Act No. 13102, Jan. 28, 2015> |
[This Article Wholly Amended by Act No. 8608, Aug. 3, 2007]
| Article 56-2 (Penalty Provisions) |
A person who has subleased a welfare house for older persons in violation of Article 33-2 (3), shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 13102, Jan. 28, 2015> | 1. | and 2. Deleted. <by Act No. 13102, Jan. 28, 2015> |
[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 older persons, communal living home for older persons, a welfare house for older persons, a sanatorium for older persons, a medical treatment and communal living home for older persons, a leisure and welfare institution for older persons, a commuting-system welfare facility for older persons at home 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 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 to accept 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> | 1. | and 2. Deleted. <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, the corporation or an individual commits any violation referred to in Article 55-2, 55-3, 56, 57, or 59 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in that Article: 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 violation. <Amended by Act No. 13102, Jan. 28, 2015> [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; Act No. 13102, Jan. 28, 2015> |
| 1. | A person who has rejected, or interfered with, an on-site investigation, in violation of Article 39-7 (6); |
| 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 older persons 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 Deleted. <by Act No. 13102, Jan. 28, 2015> |
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 previous Welfare of Older Persons Act as at the time when this Act enters into force shall be paid till June 30, 1998. |
| (3) | (Transitional Measures concerning Welfare Facilities for Older Persons) Welfare facilities established by the previous provisions as 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 Older Persons Act as at the time this Act enters into force, the relevant provisions of this Act shall be regarded as being cited when there are provisions related thereto in this Act. |
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
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 previous provisions as at the time this Act enters into force, the previous 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 as at the time 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 Older Persons) An approval of collection of the expenses which is granted by the Mayor/Do governor under previous provisions as at the time 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 previous provisions of Articles 43 (1) and 44 as at the time this Act enters into force 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 previous provisions of Articles 33 (2), 35 (2), 39-3 (1), 40 (1) and (4), and 46 (5) (main sentence) as at the time this Act enters into force 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 concerning Investigation into Current Status of Older Persons) The first investigation into the current status of older persons under the amended provisions of Article 5 shall be conducted in 2008. |
ADDENDA <Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
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 concerning Restrictions on Supply of Welfare House for Older Persons)
The amended provisions of Article 33-2 (5) shall apply, beginning with the first welfare house for older persons 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 concerning Order to Dispose of Welfare House for Older Persons 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 older persons has been sold or transferred after this Act enters into force. Article 4 (Transitional Measures concerning Institution for Older Persons)
An institution for older persons, an institution for older persons at cost, and a premium institution for older persons established pursuant to the previous provisions as at the time this Act enters into force shall be deemed to be an institution for older persons under the amended provisions of Article 32 (1) 1, a welfare house for older persons at cost and a premium welfare house for older persons to be a welfare house for older persons under Article 32 (1) 3, a sanatorium for older persons, a sanatorium for older persons at cost, a premium sanatorium for older persons, a specialized sanatorium for older persons, and a specialized premium sanatorium for older persons 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 commuting-system welfare facility for older persons at home under the amended provisions of Article 38 (1), respectively. Article 4-2 (Special Cases concerning Transfer, etc. of Welfare House for Older Persons)
A welfare house for older persons 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 Older Persons)
A person under 60 years of age not qualified for admission may be admitted into a welfare house for older persons 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 Older Persons)
A welfare hall for older persons established pursuant to the previous provisions as at the time 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 previous provisions as at the time this Act enters into force may provide education for medical treatment and protection workers for 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 older persons pursuant to the previous provisons as at the time this Act enters into force may perform affairs of a medical treatment and protection worker under the amended provisions of Article 39-2 (1) for up to two years after this Act enters into force. Article 8 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous 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 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 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 previous 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 previous 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 previous 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 previous provisions as at the time this Act enters into force shall be deemed to have been 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 previous provisions as 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 previous 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 previous provisions as at the time this Act enters into force. Article 3 (Transitional Measures concerning Recreation Centers for Older Persons)
Notwithstanding the amended provisions of Article 36 (1), the previous provisions shall apply to recreation centers for older persons (including recreation centers that have obtained a building permit as a recreation center for older persons and are currently under construction) reported in accordance with the previous provisions as 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 concerning 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.
ADDENDA <Act No. 13102, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 5 (2), 24 (2) 4-2, and 33-2 (1), subparagraph 3 of Article 39-13, and Articles 56 (2) and 60 shall enter into force on the date of its promulgation, and the amended provisions of Articles 39-7 and 61-2 (3) 1 shall enter into force three months after the date of its promulgation. Article 2 (Transitional Measures concerning Welfare House for Older Persons for Sale)
Notwithstanding the amended provisions of Articles 32 (1) 3 and (2), 33-2 (2) through (4), 33-3, 56 (1), 56-2, and 62, the previous provisions shall apply to a welfare house for older persons for which permission has been obtained pursuant to the Building Act or a project plan has been approved pursuant to the Housing Act before this Act enters into force. Article 3 (Transitional Measures concerning Incompetent Persons, etc.)
Notwithstanding the amended provisions of subparagraph 3 of Article 39-13, the previous provisions shall apply to persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).