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
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 their 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 and local governments shall be responsible for the promotion of the health and welfare of the aged, and shall devise and implement measures for these purposes. |
| (2) | In deliberating the measures under paragraph (1), the State and local governments shall make efforts to accomplish the ideas prescribed by Article 2. |
| (3) | A person who operates a business related to daily lives of the aged shall make efforts to promote the health and welfare of the aged as he operates the relevant business. |
| Article 5 Deleted.<by Act No. 5851, Feb. 8, 1999> |
| 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 in 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 take charge of the welfare of the aged, counselors for welfare of the aged shall be placed in Si/Gun/Gu (referred to an autonomous Ku: hereinafter the same shall apply). |
| (2) | Matters necessary for the appointment, commission, duties and remunerations, etc. of the counselor for welfare of the aged shall be determined by the Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999> |
| Article 8 (Residential Facilities For the Aged Only) |
The State or local governments shall promote the provisions of residential facilities that have functions and equipment suitable for the aged, and may provide appropriate supports for the provider 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: <Amended by Act No. 5851, Feb. 8, 1999> |
| 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, and 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 the National Pension Act and in case both of the principal and his spouse are qualified for the payment of pension, one of their pensions shall be reduced by 25%: Provided, That if the principal and his spouse are the persons subject to the protection of minimum living standards, this shall not apply. <Amended by Act No. 5851, Feb. 8, 1999>
| Article 11 (Payment of Pension) |
| (1) | The State or local governments shall, upon an application by a person who intends to be paid the pension, pay it. <Amended by Act No. 5851, Feb. 8, 1999> |
| (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 that containing the day when an applicant for its payment under Article 11 has been determined as a holder of a right to receive it (hereinafter referred to as the “receiving right holder”) until the month containing the day when the said right (hereinafter referred to as the “receiving right”) has been extinguished. <Amended by Act No. 5851, Feb. 8, 1999> |
| (2) | In case where a reason for suspension of its payment occurs, the pension shall not be paid from the month following that to which the day when the relevant reason has occurred belongs, until the month to which the day when the relevant reason has disappeared belongs. |
| Article 13 (Unpaid Pension) |
In case where there exists the unpaid pension which is to be paid to the receiving right holder when the said holder has died, the unpaid pension shall be paid upon requests by a spouse or a person responsible for supporting who has been under joint living at the time when the receiving right holder has died.
| Article 14 (Suspension of Payment) |
In case where the receiving right holder has been sentenced to a penalty heavier than imprisonment without forced labor and the execution thereof has not been completed, or the final decision for non-execution of the sentence has not been made, the payment of pension shall be suspended.
| Article 15 (Loss of Receiving Right of Pension) |
In case where the receiving right holders fall under any of the following subparagraphs, they shall lose the said receiving right:
| 2. | In case of loss of the nationality or emigration overseas; and |
| 3. | In case where they do no longer fall under any of subparagraphs of Article 9 (1). |
| Article 16 (Redemption of Profiteering) |
In case where a person who does not hold a receiving right is paid for the pension, the State or local governments shall redeem the amount paid.
| Article 17 (Protection of Receiving Right) |
Receiving right shall not be transferred, seized, or provided as security.
| Article 18 (Adjustment of Concurrent Payments) |
In case where a receiving right holder has come to hold the receiving right of 2 or more pensions under this Act or other Acts, only one of them shall be paid upon his choice and the payment of others shall be suspended: Provided, That this shall not apply to a person subject to the protection under Article 3 of the Protection of Minimum Living Standards Act. <Amended by Act No. 5851, Feb. 8, 1999>
| Article 19 (Objection Filing) |
| (1) | A person who has an objection to the approval of qualification of a receiving right holder and other dispositions under this Act may file an objection to the State or local governments. |
| (2) | A filing of objection under paragraph (1) shall be made in writing within 60 days from the day when he has come to know of the relevant |
disposition: Provided, That in case where he has proved that he was unable to file an objection within the relevant period, he may file an objection within 90 days from the time when the relevant reasons disappeared. <Amended by Act No. 5851, Feb. 8, 1999>
| Article 20 (Prescription) |
In case where the right of the State or local governments to redeem the amount of redemption and the right of receiving right holder have not been exercised for 5 years, the extinctive prescription shall be completed thereto.
In case where the reasons for loss of receiving right have occurred, the receiving right holder shall make a report thereon to the State or local governments under the Ministerial Decree of Health and Welfare. In this case, where the receiving right holder has died, the person liable to reporting under Article 88 of the Family Registration Act shall make a report on the relevant death to the State or local governments within 30 days.
| Article 22 (Examination and Interrogation, etc.) |
| (1) | The State or local governments may, in case where deemed necessary |
for the confirmation of an occurrence or loss of receiving right, request the principal, his spouse and the person responsible for support (hereafter referred to as the “principal, etc.” in this paragraph) to submit the necessary documents and the data for incomes, properties, etc. or have public officials under their control visit the residence of the principal, etc. and other necessary places in order to examine the documents, etc. or interrogate the relevant persons. <Amended by Act No. 5851, Feb. 8, 1999>
| (2) | The persons who visit, examine, and interrogate under paragraph (1) shall be equipped with a certificate indicating their powers and produce it to the persons concerned. |
CHAPTER Ⅲ DISPOSITIONS OF HEALTH AND WELFARE
| Article 23 (Assistance to Social Participation of the Aged) |
| (1) | The State or local governments shall, in order to expand the social participation of the aged, make efforts to expand the opportunities of community service activities for the aged, to devise the policies to develop and diffuse the occupational categories suitable for the aged, and to preferentially provide the job opportunities to the aged who have labor capacity. |
| (2) | The State or local governments may, in order to aim at the activation of community service activities and employment for the aged, provide the necessary assistances to the welfare agencies for the aged such as community service agencies of the aged and recruiting service agencies for the aged, etc. |
| Article 24 (Commissioning of Community Service Counselor and His Duties) |
| (1) | The State or local governments may, in case where the aged of public reputation and experiences desire to engage in the community services, |
commission him as a community service counselor.
| (2) | Duties of community service counselors under paragraph (1) shall be as follows: |
| 1. | Consultation and advice for civil petitioners from among the affairs performed by the State or local governments; |
| 2. | Traffic control, assistances to the parking/stopping control, assistances to the control of deeds against preservation of nature and environmental impairment and juvenile guidance; |
| 3. | Education of cultural heritage such as ideas of loyalty and filial piety, and traditional etiquettes; |
| 4. | Protection and guidance of cultural properties; and |
| 5. | Others determined by the Presidential Decree. |
| Article 25 (Assistance to Occupation) |
In case where the permission or consignment of installations of stores or vending machines for the sale of such daily living necessaries as foodstuffs, office supplies and newspapers in the public facilities which are established and operated by the State, local governments, or other public agencies, an application by the persons of 65 years old or over shall have a priority.
| Article 26 (Preferential Treatment for the Aged) |
| (1) | The State or local governments may provide the persons of 65 years old or over with a free admission or an admission with discounted fee to such public facilities as transportation facilities of the State or local governments, ancient palaces, royal tomb gardens, museums, parks, etc. |
| (2) | The State or local governments may persuade the persons who operate a business related to daily lives of the aged to grant a discounted charge to the persons of 65 years old or over. |
| (3) | The State or local governments may extend proper assistances to the persons who grant a discount charge to the aged under paragraph (2). |
| Article 27 (Health Examination, etc.) |
| (1) | The State or local governments may conduct health examination and education for the persons of 65 years old or over under the conditions as prescribed by the Presidential Decree. |
| (2) | The State or local governments shall, in case where deemed necessary |
in view of the result of health examination under paragraph (1), provide the persons who have undergone the relevant health examination with the necessary guidance.
| Article 28 (Dispositions of Counseling, Admission, etc.) |
| (1) | 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/Gu (referred to an autonomous Ku: hereinafter the same shall apply) shall, in case where deemed necessary for the promotion of welfare for the aged, take measures falling under any of the following subparagraphs: <Amended by Act No. 5851, Feb. 8, 1999> |
| 1. | To have the relevant public officials or counselors for the aged person’s welfare extend consultation and guidance to the persons of 65 years old or over or the persons who protect them; |
| 2. | To have the persons of 65 years old or over, who face a difficulty for being protected at their home due to the physical, mental, economic or circumstantial reasons, enter the residential welfare facilities for the aged or the commuting-system welfare facilities for the aged, or to entrust their entrances; and |
| 3. | To have the persons of 65 years old or over, who need a continuous protection due to serious physical or mental defects and face a difficulty in being protected at their home due to economic reasons, enter the medical welfare facilities for the aged, or to entrust their entrances. |
| (2) | The Minister of Health and Welfare, Mayor/Do governor, or the head of Si/Gun/Gu (hereinafter referred to as the “welfare execution agency”) |
may, in case where deemed necessary for them to be protected due to their serious senility symptoms, take measures falling under any of subparagraphs of paragraph (1) even for the persons under 65 years old.
| (3) | The welfare facility may, in case where a person who has been admitted into a facility under paragraph (1) or (2) has died, and where there exists no person to hold his funeral, hold a funeral or have the head of the relevant facility hold the funeral. |
| Article 29 (Dementia Management Projects) |
| (1) | The State or local governments shall implement the research and management projects on the dementia in order to prevent and eliminate the dementia. |
| (2) | The content of affairs of the research and management projects on dementia under paragraph (1) and other necessary matters shall be determined 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) | The content of medical treatment projects for rehabilitation of the aged under paragraph (1) and other necessary matters 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 thereinto with meals and other general conveniences for daily lives free of or at low charges; |
| 2. | Care facilities for the aged at cost: the facilities that provide the aged admitted thereinto with meals and other general conveniences for daily lives at low charges; |
| 3. | Fee-charging care facilities for the aged; the facilities that provide the aged admitted thereinto with meals and other general conveniences for daily lives and charge all the expenses to the said aged admitted; |
| 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 conveniences for daily lives such as residential convenience, life guidance, consultation, and safety 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 conveniences for daily lives such as residential convenience, life guidance, consultation, and safety management through lotting-out or renting of the housings for pay. |
| (2) | Matters necessary for the subjects of and procedures for entrance thereinto and lotting-out and lease thereof shall be determined by the Ministerial Decree of Health and Welfare. |
| (3) | Except as provided in this Act, the related provisions of the Housing Construction Promotion Act shall apply mutatis mutandis to the establishment, management and supply of the welfare housing for the aged at low cost and the fee-charging welfare housing for the aged. <Added by Act No. 5851, Feb. 8, 1999> |
| 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 where the persons other than the State or local governments intend to establish residential welfare facilities for the aged, they shall make report on it to the Mayor/Do governor. |
| (3) | Matters necessary for the criteria for the establishment, manpower and operation of the residential welfare facilities for the aged and an establishment report thereon shall be determined by the Ministerial Decree of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999> |
| Article 34 (Medical Welfare Facilities for the Aged) |
| (1) | Medical welfare facilities for the aged shall be as follows: <Amended by Act No. 5851, Feb. 8, 1999> |
| 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 charges; |
| 2. | Sanatoria for the aged at cost: the facilities that provide the aged admitted thereinto with necessary conveniences for daily lives such as meals, medical cares at 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 receive all expenses therefor from the said aged admitted thereinto for their operation; |
| 4. | Special sanatoria for the aged: the facilities that have the aged with such serious illness as dementia or paralysis enter thereinto and provide them with necessary conveniences for daily lives such as meals, medical cares, etc. free of or at low charges; |
| 5. | Fee-charging special sanatoria for the aged; the facilities that have the aged with such serious illness as dementia or paralysis enter thereinto and provide them with necessary conveniences for daily lives such as meals, medical cares, and receive all expenses therefor from the said aged admitted thereinto for their operation; and |
| 6. | Special hospitals for the aged: the facilities in which medical services are mainly provided to the aged. |
| (2) | Matters necessary for the subjects of 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 where the persons other than the State or local governments intend to establish medical welfare facilities for the aged, they shall make report on it to the Mayor/Do governor: Provided, That the special hospitals for the aged may be established by only those who are qualified to open a medical institute under the Medical Service Act (excluding the dentists and midwives) with permission of the Mayor/Do governor. |
| (3) | Matters necessary for the criteria for the establishment, manpower and operation, and the report and permission of establishment of the medical welfare facilities for the aged, etc. shall be determined by the Ministerial Decree of Health and Welfare: Provided, That the provisions concerning sanatoria from among those concerning the criteria for the facilities, etc. of medical institutes under Article 32 of the Medical Service Act shall apply mutatis mutandis to the criteria for the facilities, etc. of the special hospitals for the aged, but the same shall not apply to any such case as otherwise determined by the Ministerial Decree of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999> |
| (4) | Except as provided in this Act, the Medical Service Act shall apply mutatis mutandis to the special hospitals for the aged, which shall, in their management and operation, be deemed to be the sanatoria from among the medical institutes under Article 3 (2) of the Medical Service Act. <Amended by Act No. 5851, Feb. 8, 1999> |
| 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 to the aged and furnish the conveniences necessary for the improvement of welfare for the aged such as promotion of health, cultivation and pastime, free of charge or at low charges; |
| 2. | Respect-for-age halls: the facilities that provide places whereat the aged in the district may enjoy the friendship, hobby activities, operation of a group workshop, information exchanges and other leisure activities; |
| 3. | Classrooms for the aged: the facilities that provide classes for sound hobby activities, health maintenance, income security and other study programs related to daily lives, in order to satisfy their desire for taking part in the social activities; and |
| 4. | Recreation centers for the aged: the facilities that provide, for a short period, the facilities for hygiene, leisure and other conveniences for the physical and mental relaxation of the aged. |
| (2) | Matters necessary for the users and the procedures for usage of leisure welfare facilities 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 the leisure welfare facilities for the aged. |
| (2) | In case where the persons other than the State or local governments intend to establish leisure welfare facilities for the aged, they shall make report on it to the head of Si/Gun/Ku. |
| (3) | Matters necessary for the criteria for the establishment, manpower and operation and the report on establishment of the leisure welfare facilities for the aged, etc. shall be determined by the Ministerial Decree of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999> |
| Article 38 (Commuting System Welfare Facility for the Aged) |
| (1) | Commuting system welfare facilities for the aged shall be as follows: |
| 1. | Facilities dispatching home service personnel: the facilities that dispatch the home service personnel to homes wherein the aged are under difficulties in passing their daily life due to physical and mental handicaps, and provide them with various conveniences necessary for daily life so that they may lead a sound and stable old age life in the local communities; |
| 2. | Daytime protection facilities: the facilities that have the physically or mentally feeble aged and the handicapped aged who are unable to get the family’s protection for inevitable reasons enter during the daytime into the relevant facilities, and provide them with various necessary conveniences to secure their stability of living and the maintenance and improvement of their mental and physical functions, and reduce the physical or mental burdens of the family; and |
| 3. | Short-term protection facilities: the facilities that have the physically or mentally feeble aged and the handicapped aged who are unable to get the family’s protection for inevitable reasons enter for a short term into the relevant facilities, and provide them with a protection in order to promote the improvement of welfare of the aged and their families. |
| (2) | Matters necessary for the users and the procedures for usage of commuting system welfare facilities for the aged under paragraph (1) shall be determined 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 where the persons other than the State or local governments intend to establish commuting system welfare facilities for the aged, they shall make report on it to the head of Si/Gun/Ku. |
| (3) | Matters necessary for the criteria for the establishment, manpower and operation and the report on establishment of the commuting system welfare facilities for the aged, etc. shall be determined by the Ministerial Decree of Health and Welfare. <Amended by Act No. 5851, Feb. 8, 1999> |
| Article 39-2 (Education of Home Service Personnel) |
The home service personnel working in the home service personnel dispatch facilities shall be educated pursuant to the Ministerial Decree of Health and Welfare.
[This Article Added by Act No. 5851, Feb. 8, 1999]
| Article 39-3 (Establishment of Educational Institution for Home Service Personnel) |
| (1) | A person who intends to establish an institution for the education of home service personnel (hereinafter referred to as the “educational institution for home service personnel”) shall make report to the Mayor/ Do governor. |
| (2) | Matters necessary for the criteria for the establishment, manpower and operation of the educational institution for home service personnel and the report of its establishment, etc. shall be determined by the Ministerial Decree of Health and Welfare. |
[This Article Added by Act No. 5851, Feb. 8, 1999]
| Article 40 (Modification or Closure, etc.) |
| (1) | In case a person who has established the residential welfare facilities for the aged under Article 33 (2) or the medical welfare facilities for the aged (excluding the special hospitals for the aged) under Article 35 (2) intends to modify such establishment report matters as prescribed by the Ministerial Decree of Health and Welfare or to close down or suspend such facilities, he shall make report in advance to the Mayor/Do governor in accordance with the Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999> |
| (2) | In case a person who has established a special hospital for the aged intends to modify such establishment permission matters as prescribed by the Ministerial Decree of Health and Welfare, he shall obtain the permission of such modification from the Mayor/Do governor in accordance with the Medical Service Act, and if intending to close down or suspend its facilities, make report in advance to the Mayor/Do governor in accordance with the said Act. <Added by Act No. 5851, Feb. 8, 1999> |
| (3) | In case a person who has established the leisure welfare facilities for the aged under Article 37 (2) or the commuting system welfare facilities for the aged under Article 39 (2) intends to modify such establishment report matters as prescribed by the Ministerial Decree of Health and Welfare or to close down or suspend such facilities, he shall make report in advance to the head of a Si/Gun/Gu in accordance with the Presidential Decree. <Amended by Act No. 5851, Feb. 8, 1999> |
| (4) | In case a person who has established the educational institution for home service personnel under Article 39-3 (1) intends to modify such establishment report matters as prescribed by the Ministerial Decree of Health and Welfare or to close down or suspend its facilities, he shall make report in advance to the Mayor/Do governor in accordance with the Presidential Decree. <Added by Act No. 5851, Feb. 8, 1999> |
| Article 41 (Obligation of Entrustment) |
If a person who establishes and operates a general care facility for the aged, care facility for the aged at cost, or welfare housings for the aged at cost under Article 32 (1) or a sanatorium for the aged, sanatorium for the aged at 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 the aged into the facility or a funeral of the aged under Article 28 (1) 2 and 3, or paragraph (2) or (3) of the said Article, he shall not refuse it without any justifiable reason.
| (1) | Welfare administration agencies may have a person who establishes and operates the welfare facilities for the aged under Article 31 or the educational institution for home service personnel under Article 39-3 (1) make any necessary report on such facilities or the services concerned, and have a related public official investigate the operational situation thereof or inspect books and other relevant documents. <Amended by Act No. 5851, Feb. 8, 1999> |
| (2) | A person who establishes and operates the welfare facilities for the aged under Article 31 shall submit the data on the annual current status of inmates or users thereof to welfare administration agencies in accordance with the Ministerial Decree of Health and Welfare. <Added by Act No. 5851, Feb. 8, 1999> |
| (3) | A public official conducting the investigation and inspection under paragraph (1) shall carry a certificate indicating his powers and produce it to the related persons. |
| Article 43 (Suspension, etc. of Services) |
| (1) | In case the residential welfare facilities for the aged, medical welfare facilities for the aged or educational institutions for home service personnel fall under any of the following subparagraphs, the Mayor/Do governor may order the suspension or closure of their services: <Amended by Act No. 5851, Feb. 8, 1999> |
| 1. | In case they fail to satisfy such criteria as prescribed in Article 33 (3), 35 (3) or 39-3 (2); |
| 2. | In case they refuse the entrustment in violation of the provisions of Article 41; |
| 3. | In case they fail to make report or submit the data under Article 42, do so falsely, or refuse, hinder or evade the investigation or inspection, without any justifiable reason; |
| 4. | In case they violate the provisions of Article 46 (5); and |
| 5. | In case they violate this Act or any order issued under this Act. |
| (2) | In case the leisure welfare facilities for the aged or commuting system welfare facilities for the aged fall under any of the following subparagraphs, the head of a Si/Gun/Gu may order the suspension or closure of their services: <Amended by Act No. 5851, Feb. 8, 1999> |
| 1. | In case they fail to satisfy such criteria as prescribed in Article 37 (3) or 39 (3); |
| 2. | In case they (limited to the commuting system welfare facilities for the aged) refuse the entrustment in violation of the provisions of Article 41; |
| 3. | In case they fail to make report or submit the data under Article 42, do so falsely, or refuse, hinder or evade the investigation or inspection, without any justifiable reason; |
| 4. | In case they violate the provisions of Article 46 (7); and |
| 5. | In case they 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 in consideration of the degree of violations, etc. |
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 governments: 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 for the establishment and operation of welfare facilities for the aged 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 (Collecting and Requesting Expenses) |
| (1) | Welfare administration agency that defrayed expenses for welfare measures prescribed in Articles 27 and 28 may collect or request the whole or part of the expenses defrayed by it, as determined by the Presidential Decree, from the aged or a person responsible for supporting him. |
| (2) | In case a person, who is not responsible for supporting, conducts protection corresponding to welfare measures prescribed in Article 28, he shall inform without delay the relevant fact to the person responsible for supporting or the welfare administration agency. |
| (3) | A person who conducted protections under paragraph (2) may request the whole or part of the expenses for the protection to a person responsible for supporting. |
| (4) | Matters necessary for the request, etc. of expenses defrayed under paragraph (1) or (3) shall be determined by the Ministerial Decree of Health and Welfare. |
| (5) | If a person, who has established the general care facilities for the aged, the care facilities for the aged at cost, or the welfare housings for the aged at cost under Article 32 (1) or a sanatorium for the aged, sanatorium for the aged at cost, or special sanatorium for the aged under Article 34 (1), intends to collect expenses from persons other than those persons subject to the protection of minimum living standards who are admitted to or uses the facilities, he shall make report to the Mayor/Do governor: Provided, That in case he collects expenses within the limit of collection determined by the Minister of Health and Welfare, this shall not apply. <Amended by Act No. 5851, Feb. 8, 1999> |
| (6) | Deleted. <by Act No. 5851, Feb. 8, 1999> |
| (7) | If a person, who has established leisure welfare facility for the aged under Article 36 (1) or commuting system welfare facility for the aged under Article 38 (1) or who provides conveniences thereof, intends to collect expenses for it from the person who uses the facility, he shall report in advance to the head of Si/Gun/Ku. |
| Article 47 (Subsidy for Expenses) |
The State or local governments may subsidize the 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), apply the currency or securities left by the departed to the expenses for a funeral and in case of deficiency of expenses, may dispose of articles left and apply the money to it.
| Article 49 (Reduction and Exemption of Tax) |
With regard to the pension paid to the receiving right holder under Article 11 and the buildings and lands, etc. used for the aged by welfare facilities under Article 31, the reduction and exemption in taxes and other public imposts may be done pursuant to the provisions of the relevant Acts and subordinate statutes such as the Tax Reduction and Exemption Act, etc.
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 50 (Request for Review) |
| (1) | If the aged or a person responsible for supporting him has an objection against any welfare measure under this Act, he may request a review to the welfare administration agencies concerned. |
| (2) | The welfare administration agency shall, upon receiving a request for review under paragraph (1), make a review and decision on the matter and notify it to the requesting person within 30 days. |
| (3) | Any person who is dissatisfied with the review and decision under paragraph (2), may raise an administrative appeal within 90 days after he receives such notification. <Amended by Act No. 5851, Feb. 8, 1999> |
| (4) | In case an agreement is not reached between a person who conducted protection and a person responsible for supporting with respect to protection expenses to be borne by a person responsible for supporting under Article 46 (3), the person who conducted protection or the person responsible for supporting 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 under paragraph (4), he may request the person responsible for supporting to submit the data on income and property. |
| Article 51 (Honorary Adviser for Welfare for the Aged) |
| (1) | The welfare administration agencies may commission honorary advisers 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 commissioning and the scope of activities of the honorary advisers for the aged welfare and other necessary matters shall be determined by the Presidential Decree. |
| Article 52 Deleted.<by Act No. 5851, Feb. 8, 1999> |
| Article 53 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Health and Welfare or Mayor/Do governor may delegate parts of his authority under this Act to the Mayor/Do governor or the head of the Si/Gun/Gu respectively pursuant to the Presidential Decree. |
| (2) | The Minister of Health and Welfare, Mayor/Do governor, or the head of Si/Gun/Gu may entrust a juristic person or corporation respectively with parts of his authority under this Act pursuant to the Presidential Decree. |
| Article 54 (Lending, etc. of State-Owned or Public-Owned Properties) |
The State or local government may, in case where deemed necessary for
the fostering of research facilities or projects related to the health and welfare of the aged, have the State-owned or public-owned properties to be lent, used, or benefitted gratuitously, notwithstanding the provisions of the State Properties Act or the Local Finance Act.
| Article 55 (Special Case on Building Act) |
| (1) | 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. |
| (2) | Such buildings as welfare housings for the aged at cost and feecharging welfare housings for the aged under this Act shall, in their usage, be deemed to be the facilities for the aged and infants, notwithstanding the provisions of other relevant Acts and subordinate statutes. <Added by Act No. 5851, Feb. 8, 1999> |
CHAPTER Ⅶ 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 2 years, or by a fine not exceeding 10 million won.
| Article 57 (Penal Provisions) |
Any person who establishes or operates general care facilities for the aged, care facilities for the aged at cost, welfare housings for the aged at cost, sanatoria for the aged, sanatoria for the aged at cost, special sanatoria for the aged, leisure welfare facilities for the aged, commuting system welfare facilities for the aged, or educational institutions for home service personnel without making such report as prescribed in Article 33 (2), 35 (2), 37 (2), 39 (2) or 39-3 (1) shall be punished by imprisonment for not more than 1 year or by a fine not exceeding 3 million won. <Amended by Act No. 5851, Feb. 8, 1999>
| Article 58 (Penal Provisions) |
Any person who has received pension by falsity and other illegal means shall be punished by imprisonment for not more than 1 year or by a fine not exceeding 1 million won.
| Article 59 (Penal Provisions) |
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding 500 thousand won:
| 1. | A person who has closed down or suspended welfare facilities for the aged without submitting report, in violation of the provisions of Article 40; and |
| 2. | A person who has refused 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 has committed an offense as prescribed in Article 56, 57 or 59 in connection with the affairs of the relevant juristic person or individual, the fine as prescribed in respective Articles shall be imposed on the relevant juristic person or individual, in addition to punishment to the offender.
| Article 61 (Fine for Negligence) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding 100 thousand won: |
| 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 data regarding income and property, etc. prescribed in Article 22 without justifiable reasons, who submitted false data, who refused, avoided, or interfered with 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 has received the notification of disposition, to the Minister of Health and Welfare, Mayor/Do governor or the head of Si/Gun/Gu. |
| (4) | In case a person who has received a disposition of fine for negligence under paragraph (2) has raised 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 so notified shall make adjudication on the fine for negligence under the Non-Contentious Case Litigation Procedure Act. |
| (5) | In case a fine for negligence has not been paid without raising objection within the period prescribed in paragraph (3), it shall be collected pursuant to the example of the disposition on default of national tax or local tax. |
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 2 (Articles 9 through 22) shall enter into force on July 1, 1998. |
| (3) | (Transitional Measures on Welfare Facilities for the Aged) Welfare facilities established by the previous provisions at the time when this Act enters into force shall be regarded as established by this Act. |
| (4) | (Relations with Other Acts and Subordinate Statutes) In case other Acts and subordinate statutes cite the provisions of the Welfare of the Aged Act at the time when this Act enters into force, the relevant provisions of this Act shall be regarded as cited when there are the provisions related with them in this Act. |
ADDENDA<Act No. 5851, Feb. 8, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 39-2, 39-3, 40, 42 and 43 and the proviso of Article 46 (5), and Articles 52 and 57 shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures on Recognition of Receiving Right Holder of Old-age Pension) With respect to a person who is determined as a receiving right holder under previous provisions at the time when this Act enters into force, the previous provisions shall apply notwithstanding the amended provisions of Article 9 (1) 2. |
| (3) | (Transitional Measures on Educational Institution for Home Service Personnel) The educational institution for home service personnel which is designated under previous provisions at the time when this Act enters into force shall be deemed to be that as reported under the amended provisions of Article 39-3 (1). |
| (4) | (Transitional Measures on Approval of Collection of Expenses for Welfare Facilities for the Aged) An approval of collection of the expenses which is granted by the Mayor/Do governor under previous provisions at the time when this Act enters into force, shall be deemed to be a report on the collection of expenses under the amended provisions of Article 46 (5). |
ADDENDA<Act No. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.