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 treatments and recuperation suitable for conditions of the sickness, and devising appropriate measures for stability of lives of the aged.
| 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 sound and stable lives shall be secured. |
| (2) | The aged shall be secured for 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 or 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 or local governments shall make efforts to accomplish the ideas prescribed by Article 2. |
| (3) | A person who manages a business related to daily lives of the aged shall make efforts to promote the health and welfare of the aged as he manages the business. |
| Article 5 (Committee for Health and Welfare of the Aged) |
| (1) | In order to respond to the inquiry of the Prime Minister with regard to the health and welfare for the aged, the Central Committee for Health and Welfare of the Aged shall be established under the Prime Minister. |
| (2) | In order to respond to the inquiry of the head of a local government with regard to the health and welfare policy for the aged in local areas, a Local Committee for Health and Welfare of the Aged shall be established under the head of the local government. |
| (3) | Matters necessary for the organization and operation of the Central Committee for Health and Welfare of the Aged referred to in paragraph (1) shall be prescribed by the Presidential Decree and those of the Local committee for Health and Welfare of the Aged referred to in paragraph (2) shall be prescribed by the Municipal Ordinance concerned. |
| Article 6 (The Aged Day, etc.) |
| (1) | In order to enhance social concern for the aged and the consciousness on the value of respecting the aged, the Aged Day shall be kept on October 1 every year and the Aged Month on October every year. |
| (2) | For enhancement of filial piety, the Parents Day shall be kept on May 8, every year. |
| Article 7 (Counselor for Welfare of the Aged) |
| (1) | In order to charge the welfare of the aged, counselors for welfare of the aged shall be placed in Si/Gun/Gu (referred to as an autonomous Ku: hereinafter the same shall apply) |
| (2) | Matters necessary for appointment, duties, and remuneration for counselor for welfare of the aged shall be prescribed by the Presidential Decree. |
| 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 supports for the supplier of the residential facilities.
CHAPTER Ⅱ OLD-AGE PENSION
| Article 9 (Objects of Pensions) |
| (1) | The State or local governments shall pay the old-age pensions (hereinafter referred to as the “pensions”) to persons falling under one of the following subparagraphs: |
| 2. | Among persons other than those under subparagraph 1, the person of 65 years old or over based on the Resident Registration Act as of July 1, 1998 and with income of which the summed income of him, his spouse (including a person who is in de facto marriage: hereinafter the same shall apply.), and his eligible supporter (referred to the eligible supporter under the Protection of Minimum Living Standards Act) is under the amount determined by the Presidential Decree based on family income and numbers of family member, or with amounts of which the summed amount of properties thereof is under the amount determined by the Presidential Decree. |
| Article 10 (Amount of Pension to be Paid) |
The amount of pension to be paid shall be determined by considering the minimum amount paid in the special old age pension under National Pension Act and in case both of the object of pension and his spouse are qualified for the payment of pension, one of their pensions shall be reduced by 25%: Provided, That if the object of pension and his spouse are the persons in need of public assistance, this shall not apply.
| Article 11 (Payment of Pension) |
| (1) | The State or local governments shall pay the pension upon application by a person who holds the right to be paid of pension (hereinafter referred to as “reception right holder”). |
| (2) | Matters necessary for application methods, procedures, and payments of the pension shall be determined by the Ministerial Decree of Health and Welfare. |
| Article 12 (Payment Period of Pension and Payment Times) |
| (1) | Pension shall be paid from the month following the month including the day on which a reason for payment of pension has occurred till the month including the day on which the right for reception of pension (hereinafter referred to as “reception right”) lapses. |
| (2) | In case a reason for suspension of pension occurs, pension shall not be paid from the month following the month including the day on which a reason for suspension of pension has occurred till the month including the day on which the reason disappears. |
| Article 13 (Unpaid Pension) |
In case a reception right holder for pension has died and there is unpaid pension that are to be paid to the reception right holder, the unpaid pension shall be paid upon requests by a spouse or a person under duty to furnish support who has lived together at the time when the reception right holder has died.
| Article 14 (Suspension of Payment) |
In case the reception right holder is sentenced to a penalty heavier than imprisonment without prison labor, the payment of pension shall be suspended when the execution of the sentence is not terminated or the non-execution of the sentence is not final and decisive.
| Article 15 (Loss of Reception Right of Pension) |
In case reception right holders fall under one of the following subparagraphs, they shall lose reception rights:
| 2. | In case of loss of the nationality or emigration; and |
| 3. | In case they do not fall under subparagraphs of Article 9 (1) any more. |
| Article 16 (Forfeiture of Unjust Enrichment) |
In case a person who does not hold reception right receives the pension, the State or local governments shall forfeit the amount paid.
| Article 17 (Protection of Reception Right) |
Reception right shall not be transferred, seized, or provided as security.
| Article 18 (Regulation of Simultaneous Reception) |
In case a reception right holder simultaneously has two or more reception rights under this Act or other Acts, one of them shall be paid upon his choice and the others shall be prohibited to be paid.
| Article 19 (Application for Objection) |
| (1) | A person who has objection against recognition of qualification of reception right holder and other dispositions under this Act may submit an application for objection to the State or local governments. |
| (2) | Application for objection referred in paragraph (1) shall be done in writing within 60 days after he recognizes the disposition; provided, |
where he proves adequate reasons by which he cannot submit an application for objection within the specified period, he may submit an application of objection within 60 days after the removal of such reasons.
| Article 20 (Prescription) |
In case the right of the State or local government to forfeit returnable money and the right of reception right holder are not exercised for five years, the extinctive prescription shall be completed thereto.
In case reasons for loss of reception right have occurred, the reception right holder shall make report to the State or local governments prescribed by the Ministerial Decree of Health and Welfare. In this case, where the reception right holder has died, the person under duty of reporting as prescribed by Article 88 of the Family Registration Act shall make report to the State or local governments.
| Article 22 (Examination and Interrogation) |
| (1) | In case the State or local governments deem it necessary to confirm the occurrence or loss of reception right, it may request the object of pension, his spouse, and person under duty to furnish support (hereinafter referred to as “objects of pension”) to submit necessary documents and materials concerning incomes, properties, etc. or may have public officials under jurisdictions visit residences of objects of pension, etc, or other necessary places in order to examine documents and inquire necessary question to the persons concerned. |
| (2) | The persons who visit, examine, and inquire under paragraph (1) shall carry certificates that identify the authority thereof and show to the person concerned. |
CHAPTER Ⅲ DISPOSITIONS OF HEALTH AND WELFARE
| Article 23 (Assistance to Social Participation of the Aged) |
| (1) | The State or local governments shall make efforts to expand opportunities of community service activities for the aged, deliberate measures for the development and supply of proper jobs for the aged and give priority, with regard to job opportunity, to the aged who have labor capacity. |
| (2) | The State or local governments may provide necessary assistances to welfare agencies for the aged such as community service agencies of the aged and recruiting service agencies for the aged, etc, in order to promote community service activities and employments of the aged. |
| Article 24 (Appointment of Community Service Counselor) |
| (1) | The State or local governments may appoint the aged who enjoy social popularity and respect and are full of experiences as community service counselors when they want to participate in community services. |
| (2) | Duties of community service counselors under paragraph (1) shall be as follows: |
| 1. | Consulting and advising for civil petitioner with regard to services by the State or local governments; |
| 2. | Traffic controls, assistance for parking control and environment protection, and juvenile guidance; |
| 3. | Education of traditional culture such as loyalty and filial piety and traditional manners; |
| 4. | Protection and guidance of cultural properties; and |
| 5. | Others determined by the Presidential Decree. |
| Article 25 (Assistance for Business) |
In case of permitting or consigning installations of stores or vending machines for sale of general commodities such as foodstuffs, stationary, and newspaper in public facilities that are established and operated by the State, local governments, or other public agencies, a person of 65 years old or over shall, if he applies, have priority.
| Article 26 (Preferential Treatment for the Aged) |
| (1) | The State or local governments may provide the person of 65 years old or over with free admission or a small charge for admission to public facilities such as transportation facilities of the State or local governments, old palaces, royal tomb gardens, museums, public parks, etc. |
| (2) | The State or local governments may recommend that a person who operates a business relevant to daily lives of the aged give a discount to persons of 65 years old or over. |
| (3) | The State or local governments may provide proper assistances to persons who give a discount to the aged under paragraph (2). |
| Article 27 (Health Examination) |
| (1) | The State or local governments may conduct health examination and education for the persons of 65 years old or over under the conditions as prescribed by the Presidential Decree. |
| (2) | In case the State or local governments deem it necessary as a result of health examination under paragraph (1), it may provide necessary guidance to the person who took the health examination. |
| Article 28 (Dispositions such as Counseling) |
| (1) | In case it is deemed necessary for the promotion of welfare for the aged, the Minister of Health and Welfare, Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor (hereinafter referred to as the “Mayor/Do governor”), the head of Si/Gun/Ku(referred to an autonomous Ku: hereinafter the same shall apply) shall take one of the following dispositions: |
| 1. | To have relevant public officials or counselors for welfare of the aged consult and give guidance for persons who are 65 years old or over or persons who protect them; |
| 2. | To have persons of 65 years old or over who are in difficult conditions to be protected at home due to any physical, mental, economical, or circumstantial reasons enter residential welfare facilities for the aged or commuting system welfare facilities for the aged or to entrust their entrance: and |
| 3. | To have persons of 65 years old or over who need continuous protection and are in difficult conditions to be protected at home due to serious physical or mental defects enter medical welfare facilities for the aged or to entrust their entrance. |
| (2) | In case the necessity for special protection is recognized even for a person under 65 years old due to serious symptoms of senility, the Minister of Health and Welfare, Mayor/Do governor, or the head of Si/Gun/Gu may take a measure referred to in subparagraphs of paragraph (1). |
| (3) | In case there is no person to hold a funeral for a person who has admitted into a facility as prescribed in paragraph (1) or (2), the welfare facility or the head of the facility may hold the funeral. |
| Article 29 (Alzheimer’s Disease Treatment Projects) |
| (1) | The State or local governments shall implement research and control projects on Alzheimer’s disease in order to prevent and eliminate the disease. |
| (2) | Matters necessary for research and control projects on Alzheimer’s disease under paragraph (1) shall be prescribed by the Ministerial Decree of Health and Welfare. |
| 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) | Matters necessary for medical treatment projects for rehabilitation of the aged under paragraph (1) shall be determined by the Ministerial Decree of Health and Welfare. |
CHAPTER Ⅳ ESTABLISHMENT AND OPERATION OF WELFARE FACILITY FOR THE AGED
| Article 31 (Types of Welfare Facilities for the Aged) |
Type of welfare facilities for the aged shall be as follows:
| 1. | Residential welfare facility for the aged; |
| 2. | Medical welfare facility for the aged; |
| 3. | Leisure welfare facility for the aged; and |
| 4. | Commuting system welfare facility for the aged. |
| Article 32 (Residential Welfare Facility for the Aged) |
| (1) | Residential welfare facilities shall be as follows: |
| 1. | General care facilities for the aged: the facilities that provide the aged admitted with meals and other general conveniences for daily lives free of or at moderate charges; |
| 2. | Care facilities for the aged at low cost: the facilities that provide the aged admitted thereinto with meals and other general conveniences for daily lives at low cost; |
| 3. | Fee-charging care facilities for the aged; the facilities that provide the aged admitted thereinto with meals and other general conveniencesfor daily lives and charge all the expenses to the aged admitted thereinto; |
| 4. | Welfare housings for the aged at low cost; the facilities that provide the aged who are under a certain income level determined by the Minister of Health and Welfare with general housing conveniences for daily lives such as residential convenience, life guidance, consultation, and security management through lotting-out or renting of the housings at low cost; and |
| 5. | Fee-charging welfare housings for the aged; the facilities that provide the aged with general housing conveniences for daily lives such as residential convenience, life guidance, consultation, and security management through lotting-out or renting of the housings at a charge of them. |
| (2) | Matters necessary for the subjects and procedures of entrance thereinto and lotting-out and rental thereof shall be determined by the Ministerial Decree of Health and Welfare. |
| 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) | In case persons other than the State or local governments intend to establish residential welfare facilities for the aged, they shall make report to the Mayor/Do governor. |
| (3) | Matters necessary for the establishment standards and procedures of the residential welfare facility for the aged shall be determined by the Ministerial Decree of Health and Welfare. |
| Article 34 (Medical Welfare Facilities for the Aged) |
| (1) | Medical welfare facilities for the aged shall be as follows: |
| 1. | Sanatoria for the aged: the facilities that provide the aged admitted thereinto with necessary conveniences for daily lives such as meals, medical cares free of charge or at low cost; |
| 2. | Sanatoria for the aged at low cost charges: the facilities that provide the aged admitted thereinto with necessary conveniences for daily lives such as meals, medical cares at low cost; |
| 3. | Fee-charging sanatoria for the aged: the facilities that provide the aged admitted thereinto with necessary conveniences for daily lives such as meals, medical cares and charge all the expenses to the aged admitted thereinto; |
| 4. | Special sanatoria for the aged: the facilities that have the aged as having an Alzheimer’s disease or stroke of paralysis enter and provide them with necessary conveniences for daily lives such as meals, medical cares, etc. free of or at moderate charges; |
| 5. | Fee-charging special sanatoria for the aged; the facilities that have the aged as having an Alzheimer’s disease or stroke of paralysis enter, provide them with necessary conveniences for daily lives such as meals, medical cares, and charge all the expenses to them; and |
| 6. | Special hospitals for the aged: the facilities that provide medical services usually for the aged, furnished with equipment and manpower determined by the Ministerial Decree of Health and Welfare. |
| (2) | Matters necessary for the subjects and procedures for entrance thereinto shall be determined by the Ministerial Decree of Health and Welfare. |
| Article 35 (Establishment of Medical Welfare Facility for the Aged) |
| (1) | The State or local governments may establish medical welfare facilities for the aged. |
| (2) | In case persons other than the State or local governments intend to establish medical welfare facilities for the aged, they shall make report to the Mayor/Do governor: Provided, That special hospitals for the aged may be established by persons who are qualified to establish medical facilities under the Medical Service Act (excluding dentists and midwives) after getting permission by the Mayor/Do governor. |
| (3) | Matters necessary for facility standards and establishment report for medical welfare facilities for the aged shall be determined by the Ministerial Decree of Health and Welfare. |
| (4) | Excluding the provisions prescribed in this Act, the provisions of the Medical Service Act shall apply mutatis mutandis to special hospitals for the aged. |
| Article 36 (Leisure Welfare Facility for the Aged) |
| (1) | Leisure welfare facilities for the aged shall be as follows: |
| 1. | Welfare centers for the aged: the facilities that provide various consultations for the aged and furnish necessary conveniences for promotion of health, cultures, and recreation free of charge or at moderate charge; |
| 2. | Respect-for-age halls: the facilities used as places for promotion of friendship, hobby activities, management of group workshop, information exchanges, and other leisure activities for the aged in the community; |
| 3. | Schools for the aged: the facilities that provide classes for sound hobby activities, health maintenance, income security, and others related to daily lives in order to satisfy needs of the aged to participate into social activities; and |
| 4. | Resort centers for the aged: the facilities used as health facility, leisure facility, and convenience facility for physical and mental relaxation of the aged for short period. |
| (2) | Matters necessary for facility standards and procedures for uses of leisure welfare facility for the aged shall be determined by the Ministerial Decree of Health and Welfare. |
| Article 37 (Establishment of Leisure Welfare Facility for the Aged) |
| (1) | The State or local governments may establish leisure welfare facilities for the aged. |
| (2) | In case persons other than the State or local governments intend to establish leisure welfare facilities for the aged, they shall make report to the Mayor/Do governor. |
| (3) | Matters necessary for facility standards and establishment report for leisure welfare facilities shall be determined by the Ministerial Decree of Health and Welfare. |
| Article 38 (Commuting System Welfare Facility for the Aged) |
| (1) | Commuting system welfare facilities for the aged shall be as follows: |
| 1. | Home service personnel dispatch facilities: the facilities to dispatch home service personnel to the home having an aged person who has difficulty in his daily life due to physical or mental disability, and provide him with various conveniences necessary for his daily life so that he may lead a sound and stable old age life in the community; |
| 2. | Daytime protection facilities: the facilities to strive for maintaining the life stability and improving the function of the physically or mentally weak aged who are unable to be protected by their families for any inevitable reason, and reducing the physical or mental burden of the family, by admitting them to facilities and providing them with various conveniences during the daytime; and |
| 3. | Short-term protection facilities: the facilities to strive for promoting the welfare of not only the physically or mentally weak aged who are unable to be protected by their family for any inevitable reason, and are required to be protected temporarily, but also their homes, by admitting them to facilities for the short-term and protecting them. |
| (2) | Matters necessary for the subjects and procedures for uses of commuting system welfare facilities for the aged under paragraph (1) shall be prescribed by the Ministerial Decree of Health and Welfare. |
| 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) | In case persons other than the State or local governments intend to establish commuting system welfare facilities for the aged, they shall make report to the Mayor/Do governor. |
| (3) | Matters necessary for establishment, management standards, and report for commuting system welfare facilities shall be determined by the Ministerial Decree of Health and Welfare. |
| Article 40 (Closure and Suspension) |
| (1) | In case a person who has established a residential welfare facility for the aged under Article 33 (2) or a medical welfare facility for the aged under Article 35 (2) intends to close down or suspend the facility, he shall make report, in advance, to the Mayor/Do governor under the conditions as prescribed by the Presidential Decree: Provided, That in case a person who has established a special hospital for the aged intends to close down or suspend the facility, he shall make report, in advance, to the Mayor/Do governor under the conditions as prescribed by the Medical Service Act. |
| (2) | In case a person who has established a leisure welfare facility for the aged under Article 37 (2) or a commuting system welfare facility for the aged under Article 39 (2) intends to close down or suspend the facility, he shall make report, in advance, to the head of Si/Gun/Gu under the conditions as prescribed by the Presidential Decree. |
| Article 41 (Obligation to Entrustment) |
If a person who establishes and operates a general care facility for the aged, care facility for the aged at low cost, or welfare housings for the aged at low cost under Article 32 (1) or a sanatorium for the aged, sanatorium for the aged at low cost, or special sanatorium for the aged under Article 34 (1) or a commuting system welfare facility for the aged under Article 38 (1) is entrusted with the admission of an aged into the facility or a funeral of an aged under Article 28 (1) 2 and 3, or paragraph (2) or (3) of the said Article, he shall not refuse it without any justifiable reason.
| (1) | Welfare administration agencies may have a person who establishes and operates welfare facilities for the aged under Article 31 submit a report necessary for such facilities or projects, and have the public official concerned examine the operational situation of such facilities or projects or inspect books and other documents. |
| (2) | When the public official concerned performs his duties under paragraph (1), he shall show a certificate indicating his competence to the interested persons. |
| Article 43 (Discontinuance of Services) |
| (1) | If residential welfare facilities for the aged or medical welfare facilities for the aged fall under any of the following subparagraphs, the Mayor/Do governor may order a suspension or discontinuance of the services: |
| 1. | Where the facilities do not conform to the standards of facilities as prescribed in Article 33 (3) or 35 (3); |
| 2. | Where the facilities refuse the entrustment in contravention of the provisions of Article 41 (limited to the case of commuting system welfare facilities for the aged); |
| 3. | Where the facilities fail to make report as prescribed in Article 42 without any justifiable reason, or make a false report, or refuse, interfere with, or evade any investigation or inspection; |
| 4. | Where the facilities violate the provisions of Article 46 (7);and |
| 5. | Where the facilities violate this Act or any orders issued under this Act. |
| (2) | If leisure welfare facilities for the aged or commuting system welfare facilities fall under any of the following subparagraphs, the head of Si/Gun/Gu may order a suspension or discontinuance of services: |
| 1. | Where the facilities do not conform to the standards of facilities as prescribed in Article 37 (3) or 39 (3); |
| 2. | Where the facilities refuse the entrustment in violation of the provisions of Article 41; |
| 3. | Where the facilities fail to make report as prescribed in Article 42 without any justifiable reason, or make a false report, or refuse, interfere with, or evade, any investigation or inspection; |
| 4. | Where the facilities violate the provisions of Article 46 (7); and |
| 5. | Where the facilities violate this Act or any order issued under this Act. |
| (3) | The detailed criteria for the administrative disposition as prescribed in paragraphs (1) and (2) shall be determined by the Ministerial Decree of Health and Welfare. |
If the Mayor/Do governor or the head of Si/Gun/Gu intends to order discontinuance of services prescribed in Article 43, he shall hold a hearing.
| Article 45 (Allocation of Expenses) |
| (1) | Allocation ratio of expenses in pension paid by the State or local government as prescribed in Article 11 shall be 70 percent for the State and 30 percent for the local government: Provided, That in case of Special Metropolitan City, the State shall take 50 percent and the Special Metropolitan City shall take 50 percent of it. |
| (2) | Expenses for the health examination and dispositions such as consultation and admission prescribed in Articles 27 and 28 and the establishment and operation of welfare facilities prescribed in Articles 33 (1), 35 (1), 37 (1), and 39 (1) shall be defrayed by the State or local governments under the conditions as prescribed by the Presidential Decree. |
| Article 46 (Collection and Request of Expenses) |
| (1) | Welfare administration agency that defrayed expenses for welfare measures prescribed in Articles 27 and 28 may collect or request some or all of the expenses, as determined by the Presidential Decree, from the aged or a person under duty to furnish support. |
| (2) | In case a person who is not under duty to furnish support conducts protection corresponding welfare measures prescribed in Article 28, he shall inform, without delay, the person under duty to furnish support or the welfare administration agency. |
| (3) | A person who conducted protections referred in paragraph (2) may request some or all of the expenses for the protection from a person under duty to furnish support. |
| (4) | Matters necessary for request of expenses defrayed prescribed in paragraph (1) or (3) shall be determined by the Ministerial Decree of Health and Welfare. |
| (5) | If a person who establishes a general care facility for the aged, care facility for the aged at low cost, or welfare housings for the aged at low cost under Article 32 (1) or a sanatorium for the aged, sanatorium for the aged at low cost, or special sanatorium for the aged under Article 34 (1) intends to collect expenses from a person other than a person in need of public assistance who is admitted to or uses the facility, he shall obtain approval from the Mayor/Do governor: Provided, That in case he collects expenses within the scope of collection determined by the Ministerial Decree of Health and Welfare, this shall not apply. |
| (6) | If a person who establishes a general care facility for the aged, care facility for the aged at low cost, or welfare housings for the aged at low cost under Article 32 (1) or a sanatorium for the aged, sanatorium for the aged at low cost, or special sanatorium for the aged under Article 34 (1) intends to collect expenses from the person who is admitted into the facility, he shall inform, in advance, the Mayor/Do governor. |
| (7) | If a person who establishes leisure welfare facility for the aged under Article 36 (1) or commuting system welfare facility for the aged under Article 38 (1) or who provides conveniences thereof intends to collect expenses from the person who uses the facility, he shall inform, in advance, the head of Si/Gun/Ku. |
| Article 47 ( Assistance for Expenses) |
The State or local governments may furnish assistance for expenses for
establishment and operation of welfare facilities for the aged as prescribed by the Presidential Decree.
| Article 48 (Disposition of Articles Left) |
The head of welfare administration agency or welfare facility for the aged may, in case of holding a funeral prescribed in Article 28 (3), dispose of currency or securities left by the departed in order to supply expenses for a funeral and in case of deficiency in expenses, may dispose of articles left to make up it.
| Article 49 (Reduction and Exemption of Tax) |
With regard to the pension paid to the reception right holder prescribed in Article 11 and the buildings and lands used for the aged by welfare facilities prescribed in Article 31, reduction and exemption in taxes and other public imposts may be done as determined by the Regulation of Tax Reduction and Exemption Act and other relevant Acts and subordinate statutes.
CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS
| Article 50 (Request for Review) |
| (1) | If an aged or a person under duty to furnish support has an objection against any welfare measure taken under this Act, he may request a review to the welfare administration agencies concerned. |
| (2) | The welfare administration agency shall, upon receiving a request for review under paragraph (1), make a review and decision on the matter and notify the requesting person within 30 days. |
| (3) | Any person who is dissatisfied with the review and decision as referred to in paragraph (2), may raise an administrative appeal within 60 days after he receives such notification. |
| (4) | In case an agreement is not reached between a person who conducted protection and an eligible supporter with respect to protection expenses prescribed in Article 46 (3), the person who conducted protection or the eligible supporter may request coordination to the head of Si/Gun/Ku. In this case, the head of Si/Gun/Gu may coordinate this case through consultation with a Local Committee for Health and Welfare of the Aged. |
| (5) | In case the head of Si/Gun/Gu deems it necessary for the coordination prescribed in paragraph (4), he may request the eligible supporter to submit documents regarding income and property. |
| Article 51 (Honorary Adviser for Welfare for Aged) |
| (1) | The welfare administration agencies may commission honorary advisers to protect the aged admitted to the fee-charging welfare facilities for the aged, fee-charging welfare housings for the aged, fee-charging sanatoria for the aged, and fee-charging special sanatoria for the aged. |
| (2) | The method of commission and scope of activities of the honorary advisers for the aged welfare, and other necessary matters, shall be determined by the Presidential Decree. |
| Article 52 (Education of Home Service Personnel) |
| (1) | Home service personnel in home service personnel dispatch facilities shall take a certain kind of education determined by the Ministerial Decree of Health and Welfare. |
| (2) | Matters necessary for education of home service personnel such as appointment of education agency, contents of education, and procedures of education shall be determined by the Ministerial Decree of Health and Welfare. |
| Article 53 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Health and Welfare or Mayor/Do governor may delegate parts of his authority as prescribed by this Act to the Mayor/Do governor or the head of the Si/Gun/Gu respectively. |
| (2) | The Minister of Health and Welfare, Mayor/Do governor, or the head of Si/Gun/Gu may delegate parts of his authority as prescribed by this Act to a juristic person or corporation respectively. |
| Article 54 (Renting of State and Public Properties) |
In case the State or local governments deem it necessary for promotion of research facilities or projects in regard of health and welfare of the aged, they may permit the State or public properties to be rented, used, or utilized for profit free of charge, notwithstanding the provisions of the State Properties Act or the Local Finance Act.
| Article 55 (Special Case on Building Act) |
Commuting system welfare facilities for the aged prescribed in this Act shall be established in independent housings or collective housings notwithstanding the provisions of Article 14 of the Building Act.
CHAPTER Ⅵ PENAL PROVISIONS
| Article 56 (Penal Provisions) |
Any person who establishes or operates any fee-charging welfare facilities for the aged, fee-charging welfare housings for the aged, fee-charging sanatoria for the aged, and fee-charging special sanatoria for the aged without making report as provided in Article 33 (2) or 35 (2) shall be punished by imprisonment for not more than two years, or by a fine not exceeding ten million won.
| Article 57 (Penal Provisions) |
Any person who establishes or operates general care facilities for the aged, care facilities for the aged at low cost, welfare housings for the aged at low cost, sanatoria for the aged, sanatoria for the aged at low cost, special sanatoria for the aged, and leisure welfare facilities for the aged without making report as prescribed by Article 33 (2), 35 (2), 37 (2) or 39 (2) shall be punished by imprisonment for not more than one year, or by a fine not exceeding five million won.
| Article 58 (Penal Provisions) |
Any person who has received pension through unjust methods shall be punished by imprisonment for not more than one year or by a fine not exceeding one million won.
| Article 59 (Penal Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five hundred thousand won:
| 1. | A person who closes down or suspends welfare facilities for the aged without submitting report, in violation of the provisions of Article 40; and |
| 2. | A person who refuses entrustment in violation of the provisions of Article 41. |
| Article 60 (Joint Penal Provisions) |
If a representative of a juristic person, or an agent, servant or other employee of a juristic person or individual commits an offense as prescribed in Article 56, 57 or 59 in connection with the affairs of the juristic person or individual, the fine as prescribed in respective Articles shall be imposed on such juristic person or individual, in addition to punishment to the offender.
| Article 61 (Fine for Negligence) |
| (1) | A person who falls under one of the following subparagraphs shall be punished by a fine for negligence not exceeding one hundred thousand one: |
| 1. | A person who did not make report under the provisions of Article 21; and |
| 2. | A person who did not submit the documents and other materials regarding income and property prescribed in Article 22 without justifiable reasons, who submitted false documents, who refused, avoided, or prevented examination and interrogation, or who made false answers. |
| (2) | Fine for negligence prescribed in paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, Mayor/Do governor, the head of Si/Gun/Gu as determined by the Presidential Decree. |
| (3) | Any person who has objection against a fine for negligence under the provisions of paragraph (2) may raise an objection, within 30 days after he receives the notification of disposition, to the Minister of Health and Welfare, Mayor/Do governor, and the head of Si/Gun/Gu. |
| (4) | In case a person who has received a disposition of fine for negligence under paragraph (2) raises an objection under paragraph (3), the Minister of Health and Welfare, Mayor/Do governor, and the head of Si/Gun/Gu shall notify, without delay, a competent court and the court notified shall make adjudication on the fine for negligence under the Non-Contentious Case Litigation Procedure Act. |
| (5) | In case a fine for negligence is not paid without raising objection within the period prescribed in paragraph (3), it shall be collected according to the procedures for the recovery of national taxes or local taxes in arrears. |
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force 9 months after the date of its promulgation: Provided, That the amended provisions of Chapter 2 (Articles 9 through 22) shall enter into force on July 1, 1998. |
| (3) | (Transitional Measures concerning Welfare Facilities for the Aged) Welfare facilities established by the previous provisions at the time when this Act enters into force are regarded as established by this Act. |
| (4) | (Relations with Other Acts and Subordinate Statutes) In case other Act and subordinate statutes cite the provisions of the Welfare of the Aged Act at the time when this Act enters into force, relevant provisions of this Act are regarded as cited if there are the provisions related with them in this Act. |