CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to guarantee the welfare of children so that they can be born healthy and brought up happily and safely.
| (1) | Children shall grow up without experiencing any kind of discrimination on the grounds of gender, age, religion, social status, property, whether having handicaps or not, birthplace, race, etc. of themselves or their parents. |
| (2) | Children shall grow up happily in a stable family environment for the development of perfect and harmonious personality. |
| (3) | In all activities concerning children, the interest of children shall be considered preferentially. |
| (4) | Children shall have the rights to be protected and assisted under this Act for the sake of their rights and promotion of welfare. |
The terms used in this Act shall be defined as follows: <Amended by Act No. 12361, Jan. 28, 2014>
| 1. | The term "children" means those who are under 18 years of age; |
| 2. | The term "child welfare" means the economic, social and emotional support provided to children for the creation of basic conditions for children to enjoy happy life and to grow up and develop harmoniously; |
| 3. | The term "protector" means a person in parental power, a guardian, a person who protects, rears and educates a child or who is liable to do so, or a person who actually protects and supervises a child due to the relations of business, employment, etc.; |
| 4. | The term "child subject to protection" means a child who has no protector or is separated from a protector, or whose protector is unsuitable for, or incapable of, rearing them, such as in cases of child abuse by the protector; |
| 5. | The term "child subject to support" means a child who lacks basic conditions for harmonious and healthy growth and, thereby, needs social, economic and emotional support; |
| 6. | The term "foster home system" means a system through which children subject to protection are fostered for a specific period at homes meeting the standards prescribed by Ordinance of the Ministry of Health and Welfare for the protection of the children, no family member of which has any record of sexual assault, domestic violence, child abuse, mental disease, etc.; |
| 7. | The term "child abuse" means doing harm to a child’s health or welfare or committing physical, mental or sexual violence, or cruel acts that are likely to impede normal growth of a child by adults including the child’s protector, and abandoning or neglecting a child by his/her protector; |
| 7-2. | The term “child abuse-related crime” means any of the following: |
| 8. | The term “abused child" means a child victimized by child abuse; |
| 9. | The term "agency in exclusive charge of child welfare" means any of specialized child protection agencies under Article 45 (hereinafter referred to as "specialized child protection agency") and foster home supporting centers under Article 48 (hereinafter referred to as "foster home supporting center"); |
| 10. | The term "child welfare facilities" means facilities established under Article 50; |
| 11. | The term "persons engaged in child welfare facilities" means those who take charge of the affairs related to counsel, guidance, medical treatment, rearing of children, and other affairs related to child welfare at a child welfare facility. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | In order to promote the safety, health and welfare of children, the State and local governments shall establish and implement policies for supporting children, their protectors and their homes. |
| (2) | The State and local governments shall establish and implement policies for enhancing the rights and interests of children subject to protection and children subject to support. |
| (3) | The State and local governments shall devise policies necessary for protecting the rights and interests of disabled children. |
| (4) | The State and local governments shall devise policies necessary to protect children from experiencing any kind of discrimination on the grounds of gender, age, religion, social status, property, whether having handicaps or not, birthplace, race, etc. of themselves or their parents. |
| (5) | The State and local governments shall establish and implement policies necessary for the enhancement, etc. of rights and welfare of children prescribed by the Convention on the Rights of the Child, and shall provide education necessary therefor and publicize them. |
| (6) | The State and local governments shall provide educational support necessary for children’s protectors to bring up their children happily and safely. <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| Article 5 (Responsibilities of Protectors, etc.) |
| (1) | The protector of children shall rear the children healthy and safely within the family, according to the stage of their growth. |
| (2) | All citizens shall respect the rights, interests and safety of children and rear them healthy. |
| Article 6 (Children’s Day and Children’s Week) |
The fifth of May and the first to seventh of May, each year, shall be designated as the Children’s Day and the Children’s Week, respectively, for children to grow up to be honest, lovely, sensible and valiant, by enhancing the spirit of loving and protecting the children.
CHAPTER II ESTABLISHMENT, IMPLEMENTATION, ETC. OF CHILD WELFARE POLICIES
| Article 7 (Establishment of Master Plans for Child Policies) |
| (1) | For the efficient implementation of child policies, the Minister of Health and Welfare shall establish a master plan for child policies (hereinafter referred to as "master plan") every five years. |
| (2) | A master plan shall include the following matters: |
| 1. | Analysis and appraisal of the previous master plan; |
| 2. | Basic direction-setting and goals for propulsion of child policies; |
| 3. | Major tasks to be carried forward and the methods of implementation thereof; |
| 4. | Methods of securing financial resources; |
| 5. | Other matters deemed particularly necessary in promoting child policies. |
| (3) | In establishing a master plan, the Minister of Health and Welfare shall consult with the heads of the related central administrative agencies in advance. |
| (4) | A master plan shall be confirmed following the deliberation by the Child Policy Coordinating Committee established under Article 10. In such cases, the Minister of Health and Welfare shall notify the head of each related central administrative agency, and each of the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and the Governor of the related Special Self-Governing Province concerned (hereinafter referred to as "Mayor/Do Governor") of the confirmed master plan. |
| Article 8 (Establishment, Implementation, etc. of Annual Implementation Plans) |
| (1) | Each of the Minister of Health and Welfare, the heads of the related central administrative agencies and Mayors/Do Governors shall establish and implement an annual plan for the implementation of child policies (hereinafter referred to as "implementation plan") each year in accordance with the master plan. |
| (2) | The head of a related central administrative agency and a Mayor/Do Governor shall submit to the Minister of Health and Welfare an implementation plan for the next year and the performance results of implementation plan of the previous year each year, as prescribed by Presidential Decree, and the Minister of Health and Welfare shall appraise performance results of their implementation plans each year. |
| (3) | Matters necessary for the establishment, implementation, appraisal, etc. of the performance results of an implementation plan shall be prescribed by Presidential Decree. |
| Article 9 (Cooperation in Establishment of Plans) |
| (1) | If necessary for the establishment and implementation of master plans or implementation plans, the Minister of Health and Welfare, the heads of the related central administrative agencies and Mayors/Do Governors may request the cooperation of the heads of the related institutions, organizations or other private enterprises. |
| (2) | A person who receives a request pursuant to paragraph (1) shall comply with such request unless any justifiable ground exists. |
| Article 10 (Child Policy Coordinating Committee) |
| (1) | A Child Policy Coordinating Committee (hereinafter referred to as the "Committee") shall be established under the Prime Minister to formulate an overall policy for children, coordinate opinions on such policy among relevant ministries and agencies, and supervise and appraise the implementation thereof, thus promoting the rights, healthy birth and growth of children. |
| (2) | The Committee shall deliberate on and coordinate the following matters: |
| 1. | Matters relating to the establishment of maser plans; |
| 2. | Matters relating to the establishment of a basic direction for enhancement of rights, interests and welfare of children; |
| 3. | Matters relating to the improvement of child policy and budget support therefor; |
| 4. | Matters relating to the implementation of child-related international treaties, and the appraisal and coordination of the progress made in the implementation thereof; |
| 5. | Matters relating to mutual cooperation among relevant ministries concerning child policies; |
| 6. | Other matters referred by the Chairperson to the Committee. |
| (3) | The Committee shall be composed of not more than 25 members, including one Chairperson. The Prime Minister shall be the Chairperson, and the following persons shall become its members: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | The Minister of Strategy and Finance, the Minister of Education, the Minister of Justice, the Minister of Security and Public Administration, the Minister of Culture, Sports and Tourism, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Employment and Labor, and the Minister of Gender Equality and Family; |
| 2. | Not more than 15 members commissioned by the chairperson from among the heads of child-related organizations or the persons with much knowledge and experience in child-related fields. |
| (4) | The Committee may entrust relevant specialized agencies or organizations with the affairs necessary for confirming the implementation of international treaties under paragraph (2) 4. |
| (5) | If deemed necessary, the Committee may request the employees of a relevant administrative agency to attend a Committee meeting and provide explanations and present necessary materials. |
| (6) | Except as provided in paragraphs (1) through (3), matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree. |
| Article 11 (Comprehensive Surveys on Actual Conditions of Children) |
| (1) | The Minister of Health and Welfare shall conduct a comprehensive survey on actual conditions of children every five years, including rearing, and living environment, of children, development of language and cognition, emotional and physical health, safety of children, and child abuse, publicly announce the results thereof, and reflect them in master plans and implementation plans: Provided, That the Minister of Health and Welfare may, if necessary, conduct fact-finding surveys by each field, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Matters necessary for the contents, method, etc. of comprehensive surveys on actual conditions of children prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 12 (Child Welfare Deliberation Committee) |
| (1) | For the purpose of deliberating the following matters, a Mayor/Do Governor and the head of a Si/Gun or Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall establish the Child Welfare Deliberation Committee (hereinafter referred to as "Deliberation Committee") under his/her jurisdiction: |
| 1. | Establishment and implementation of implementation plans pursuant to Article 8; |
| 2. | Matters concerning protective measures prescribed in Article 15; |
| 3. | Matters concerning the discharge of a child from facility pursuant to Article 16; |
| 4. | Matters concerning a claim for restricting the exercise of the parental power or sentencing the loss of the parental power pursuant to Article 18; |
| 5. | Matters concerning the request for selection or replacement of a guardian pursuant to Article 19; |
| 6. | Matters concerning the selection of a child subject to support, and the provision of support to him/her; |
| 7. | Other matters that a Mayor/Do Governor or the head of a Si/Gun/Gu deems necessary for protecting children and providing support services to them. |
| (2) | Matters necessary for the organization, composition, operation, etc. of the Deliberation Committee shall be prescribed by the municipal ordinance of the relevant local government. |
| Article 13 (Public Officials Dealing Exclusively with Child Welfare) |
| (1) | In order to perform the duties related to child welfare, public officials dealing exclusively with child welfare (hereinafter referred to as "exclusive public officials") may be assigned to each Special Metropolitan City, Metropolitan City, Do and Special Self-Governing Province (hereinafter referred to as "City/Do") and each Si/Gun and Gu (referring to an autonomous Gu; hereinafter the same shall apply). |
| (2) | Exclusive public officials shall be appointed from among persons who are qualified as social workers under Article 11 of the Social Welfare Services Act, and matters necessary for the appointment, etc. thereof shall be prescribed by the municipal ordinance of the relevant City/Do or Si/Gun/Gu. |
| (3) | Exclusive public officials shall perform the duties of promoting child welfare at the regional level, such as counselling for children, taking measures for protection of children, conducting surveys on their home environment, checking the scenes, and rendering guidance, supervision, etc. for the prevention of crimes against children. |
| (4) | If requested by an exclusive public official, a related administrative agency, agency in exclusive charge of child welfare, child welfare facility, or a person who establishes or operates a child welfare organization (referring to an institution or organization established for the purposes of guaranteeing the rights of children and promoting the child welfare; hereinafter the same shall apply) shall comply with such request unless any justifiable ground exists. |
| Article 14 (Child Commissioner) |
| (1) | Child commissioners shall be assigned to each Si/Gun/Gu. |
| (2) | Child commissioners shall always grasp in detail the living conditions and family environment of children within the competent area, render assistance and guidance necessary for child welfare, and cooperate with the exclusive public officials and related administrative agencies. |
| (3) | Child commissioners may undergo the pertinent education for the smooth performance of their duties. |
| (4) | Child commissioner shall be an honorary post, but he/she may receive an allowance. |
| (5) | Other matters necessary for child commissioners shall be prescribed by the municipal ordinance of the relevant Si/Gun/Gu. |
CHAPTER III CHILD PROTECTION SERVICES AND PRECAUTION AND PREVENTION AGAINST CHILD ABUSE
SECTION 1 Child Protection Services
| Article 15 (Protective Measures) |
| (1) | When a Mayor/Do Governor or the head of a Si/Gun/Gu finds a child subject to protection within his/her jurisdictional region, or has received a protector’s request, he/she shall take the following protective measures necessary for the best interests of the child, as prescribed by Presidential Decree: <Amended by Act No. 12361, Jan. 28, 2014> |
| 1. | Ordering a public official in charge or a child commissioner to provide counselling or guidance to a child subject to protection or his/her protector; |
| 2. | Taking necessary measures for a protector or a relative who is desirous of vicarious rearing to protect and rear the child at his/her home; |
| 3. | Putting the child in the foster home of a person desiring to protect the child; |
| 4. | Putting the child subject to protection into a child welfare facility suitable for the protective measures; |
| 5. | Hospitalizing or committing a child subject to protection, such as special medical care or recuperation, etc. due to a drug or alcohol addiction, emotional, behavioral or developmental disorder, sexual violence, child abuse, etc. in a specialized hospital or sanatorium; |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu may take protective measures prescribed in any subparagraph of paragraph (1) 3 through 6 for a child subject to protection to whom the protective measures under paragraph (1) 1 and 2 are unsuitable. In such cases, the head of a foster home supporting center or the head a child welfare center shall protect the relevant child subject to such protection by devising an individual plan for the protection and management of him/her, and may allow the protector of the relevant child subject to protection to take part in devising such plan. |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall, in taking protective measures under paragraph (1) 3 through 6, respect the opinion of the relevant child subject to protection, and hear his/her protector's opinion, if he/she has a protector: Provided, That the same shall not apply where the child’s protector is a child abuser under subparagraph 5 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse. <Amended by Act No. 12361, Jan. 28, 2014> |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu may, if deemed necessary until taking measures referred to in paragraph (1) 3 through 6, protect children subject to the protection by entrusting them to temporary protection facilities for children prescribed in Article 52 (1) 2 or temporarily to a person who is deemed suitable. |
| (5) | With respect to the family of children who are likely to have such problems as drug or alcohol addiction, emotional, behavioral or developmental disorder, etc. within his/her jurisdictional region, a Mayor/Do Governor or the head of a Si/Gun/Gu shall take adequate measures as a precaution. |
| (6) | No one shall commit an act of physically and mentally threatening persons engaged in child welfare facilities or agencies in exclusive charge of child welfare who are the subjects of taking protective measures prescribed in paragraph (1). |
| (7) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall check the criminal record of a person who is desirous of protecting a child by providing a foster home. In such cases, he/she shall inquire of the head of the related agency about the criminal record with the consent of the relevant person. |
| (8) | The head of a foster home supporting center may request the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu to provide cooperation regarding such measures as identification of an entrusted child, a person who intends to provide a foster home, parents of the entrusted child, etc., and the Mayor/Do Governor or the head of the Si/Gun/Gu who receives such request shall comply therewith, except in extenuating circumstances. |
| (9) | Matters necessary for the inquiry of criminal records under paragraph (7) and procedures for, and scope, etc. of, a request for identification under paragraph (8) shall be prescribed by Presidential Decree. |
| Article 16 (Discharge, etc. of Children Subject to Protection from Facilities) |
| (1) | Where a child subject to protection who is being protected under Article 15 (1) 3 through 5 reaches 18 years of age, or where the objective of the protection is deemed achieved, the Mayor/Do Governor, the head of the Si/Gun/Gu or the head of the child welfare facility concerned shall cease protective measures for the child under his/her protection or discharge him/her from the relevant facility. |
| (2) | Notwithstanding paragraph (1), if any child being protected under Article 15 falls under any of the following, the Mayor/Do Governor, the head of the Si/Gun/Gu or the head of the facility concerned may extend the protection period for such child: |
| 1. | Where the child is studying at any school, the level of which is not higher than the universities and colleges provided for in Article 2 of the Higher Education Act (excluding graduate schools); |
| 3. | Where it is prescribed by Presidential Decree that the child needs to be continuously protected and raised at various types of child welfare facilities. |
| Article 17 (Prohibited Acts) |
No one shall commit any of the following acts: <Amended by Act No. 12361, Jan. 28, 2014>
| 2. | Having a child engage in lewd acts or arranging such acts, or committing sexual harassment or sexual abuse against a child that may make him/her feel sexually ashamed; |
| 3. | Committing physical abuse against a child that may hurt his/her body or injure his/her physical health and development; |
| 4. | Deleted; <by Act No. 12361, Jan. 28, 2014> |
| 5. | Committing emotional abuse against a child that may injure his/her mental health and development; |
| 6. | Abandoning a child under his/her protection and supervision, or neglecting the basic protection, rearing, medical treatment and education, including food, clothing and shelter; |
| 7. | Placing a disabled child to public viewing; |
| 8. | Having a child go begging, or asking for alms by utilizing a child; |
| 9. | Having a child do acrobatics that are harmful to the child’s health or safety for the purpose of public recreation or entertainment, or handing over a child to a third person to that end; |
| 10. | Mediating rearing of a child by any person who is not an intermediary agency having a legal competence, and thereby receiving, demanding, or promising to offer money or goods; |
| 11. | Using the money and goods donated or provided for children for purposes other than originally intended. |
| Article 18 (Requests, etc. for Sentencing Loss of Parental Power) |
| (1) | A Mayor/Do Governor, the head of a Si/Gun/Gu or a public prosecutor shall, if deemed necessary for a child’s welfare, request the court to restrict the exercise of the parental power or sentence the loss of the parental power, if he/she discovers that a person in parental power abuses such power or commits significant misconducts or child abuse or that any other serious problem has arisen making the parental power unexercisable. |
| (2) | In cases falling under paragraph (1), the head of an agency in exclusive charge of child welfare, the head of a child welfare facility, or the head of a school under the Elementary and Secondary Education Act (hereinafter referred to as “head of a school") may request the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu to file a claim with the court to restrict the exercise of the parental power or sentence the loss of the parental power. |
| (3) | Where a request for claiming the restriction of the exercise of the parental power or the sentence of the loss of the parental power is filed under paragraph (1) or (2), a Mayor/Do Governor, the head of a Si/Gun/Gu or a public prosecutor shall respect the opinion of the relevant child. |
| (4) | Upon receiving a request for claiming the restriction of the exercise of the parental power or the sentence of the loss of the parental power under paragraph (2), a Mayor/Do Governor, the head of a Si/Gun/Gu or a public prosecutor shall make a decision on whether to file such claim and inform the relevant requesting agency of the purport of, and reason for, the claim or nonclaim in writing within 30 days from the date of receiving such request. |
| (5) | If the head of an agency in exclusive charge of child welfare, the head of a child welfare facility, or the head of a school raises an objection to the outcomes of the disposition rendered under paragraph (4), he/she may file a claim for the restriction of the exercise of the parental power or the sentence of the loss of the parental power directly with the court within 30 days after receiving such outcomes. <Amended by Act No. 12361, Jan. 28, 2014> |
| Article 19 (Request, etc. for Selection of Child’s Guardian) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu, the head of an agency in exclusive charge of child welfare, the head of a child welfare facility, or the head of a school shall, if he/she finds a child without a person with parental power or a guardian, request the court to select a guardian, if deemed necessary for his/her welfare. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu, the head of an agency in exclusive charge of child welfare, the head of a child welfare facility, the head of a school, or a public prosecutor shall file a claim to the court to replace the guardian, if the guardian abuses the relevant child or commits any other significant misconduct to him/her. |
| (3) | In filing a claim for the selection of a guardian under paragraph (1) or replacement of a guardian under paragraph (2), the relevant child's opinion shall be respected. |
| Article 20 (Selection of Child's Guardian) |
| (1) | Where a guardian is to be selected or replaced under the claim filed pursuant to Article 19 (1) or (2), the court may select a person who is suitable for looking after the child as a guardian, notwithstanding Articles 932 and 935 of the Civil Act. |
| (2) | With respect to a child without a guardian, the court may assign the relevant Mayor/Do Governor, the head of the relevant Si/Gun/Gu or the head of an agency in exclusive charge of child welfare to act as a guardian temporarily until a guardian is selected pursuant to paragraph (1). In such cases, the child's opinion shall be respected. |
| Article 21 (Selection, etc. of Assistants) |
| (1) | In the process of a trial in the court, any of lawyers, legal representatives, lineal relatives, siblings and counselors of a specialized child protection agency may become an assistant in the inquiry into an abused child case: Provided, That a person other than lawyers shall obtain permission therefor from the court. |
| (2) | The court may, in the case of questioning an abused child as a witness, permit a person trusted by the abused child to sit with him/her, if any application for it is filed by a public prosecutor, the abused child and his/her protector, or a specialized child protection agency. |
| (3) | Paragraphs (1) and (2) shall also apply where a criminal investigation agency examines an abused child. |
SECTION 2 Precaution and Prevention against Child Abuse
| Article 22 (Precaution and Prevention against Child Abuse) |
| (1) | The State and local governments shall take the following measures for precaution and prevention against child abuse: |
| 1. | Establishment and implementation of diverse policies for precaution and prevention against child abuse; |
| 2. | Research, education, publicity for precaution and prevention against child abuse and fact-finding survey of child abuse; |
| 3. | Establishment and operation of a reporting system concerning child abuse; |
| 4. | Protection of, and medical treatment for, abused children, and support for the abused children's homes; |
| 5. | Other matters prescribed by Presidential Decree for precaution and prevention against child abuse. |
| (2) | Local governments shall install emergency telephones to prevent child abuse and receive reports at any time. In such cases, matters necessary for such installation and operation thereof shall be prescribed by Presidential Decree. <Amended by Act No. 12361, Jan. 28, 2014> |
| (3) | Where the head of a specialized child protection agency requests cooperation for necessary measures, such as inquiry into identification, etc. on an abused child, his/her guardian or a child abuser, etc. in the performance of duties of protection and medical treatment, etc. of an abused child, the State and local governments shall comply with such request, except in extenuating circumstances. |
| (4) | Matters regarding the procedures for requesting the inquiry into identification under paragraph (3), and the scope of such request, etc. shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| Article 23 (Child Abuse Precaution Day) |
| (1) | The nineteenth day of November, each year, shall be designated as the Child Abuse Precaution Day, and the one week period commencing from the Child Abuse Precaution Day shall be designated as the Child Abuse Precaution Week, in order to promote the healthy growth of children and to increase the nationwide interest in the precaution and prevention against child abuse. |
| (2) | The State and local governments shall endeavor to hold events and to conduct publicity activities, which fit for the purpose of the Child Abuse Precaution Day. |
| Article 24 (Production, Distribution and Transmission of Promotional Video Images) |
| (1) | The Minister of Health and Welfare shall produce promotional video images related to the precaution and prevention of child abuse, eduction for guiding wrongdoers, etc. and distribute them to persons in charge of broadcast programming defined in subparagraph 23 of Article 2 of the Broadcasting Act. |
| (2) | The Minister of Health and Welfare may request the terrestrial broadcasting business operators defined in subparagraph 3 (a) of Article 2 of the Broadcasting Act to transmit the promotional video images referred to in paragraph (1) through each channel within the programming ratio of the non-commercial public interest advertisements prescribed by Presidential Decree under Article 73 (4) of the same Act. |
| (3) | The terrestrial broadcasting business operators referred to in paragraph (2) may produce and transmit its own promotional video images in addition to those referred to in paragraph (1). In such cases, they may request the Minister of Health and Welfare to render necessary cooperation and assistance. |
| Article 25 Deleted. <By Act No. 12361, Jan. 28, 2014> |
| Article 26 (Education for Persons Who are Obliged to Report Child Abuse) |
| (2) | Matters necessary for the details, hours and methods, etc. of education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 27 Deleted. <By Act No. 12361, Jan. 28, 2014> |
| Article 27-2 (Notification of Child Abuse, etc.) |
| (1) | If a judicial police officer has a reason to believe that child abuse has been committed while performing his/her duties relating to a child death or injury case, a domestic violence case, etc., he/she shall give a notice thereof to a specialized child protection agency. |
| (3) | Upon receipt of a notice under any of paragraphs (1) and (2), any specialized child protection agency shall take measures to protect the abused child and other necessary measures. |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 27-3 (Prohibition against Refusing to Take Emergency Custody of Abused Children) |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 28 (Post Management, etc.) |
| (1) | The head of a specialized child protection agency shall confirm whether any child abuse recurs, by visiting the child's home, counseling by telephone or other means, even after the settlement of the child abuse. |
| (2) | If deemed necessary for the prevention of recurrence of any child abuse, the head of a specialized child protection agency may provide necessary support to the family members of an abused child, including the abused child and his/her protector, even after the settlement of the child abuse. |
| Article 28-2 (Child Abuse Information System) |
| (1) | The Minister of Health and Welfare shall build and operate a child abuse information system, as prescribed by Presidential Decree, in order to share information related to child abuse and prevent child abuse. |
| (2) | The Minister of Health and Welfare shall keep and manage a record of both information on abused children and their families and abusers and information on child abuse prevention activities by using the child abuse information system under paragraph (1). In such cases, the Minister of Health and Welfare may request the heads of related central administrative agencies, Mayors/Do Governors, the heads of Sis/Guns/Gus, specialized child protection agencies, etc. to provide necessary materials. |
| (3) | The Minister of Health and Welfare may entrust the National Child Protection Agency with the operation of the child abuse information system under paragraph (1). |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 29 (Support for Abused Children and Their Family Members, etc.) |
| (1) | The head of a specialized child protection agency shall provide necessary support to the family members of an abused child, including the abused child and his/her protector, such as counseling, education, medical treatment and psychological therapy, etc. in order to secure the safety of the child, prevent recurrence of child abuse, and to maintain sound household functions. etc. |
| (2) | The head of a specialized child protection agency may request cooperation of the relevant institutions in providing support referred to in paragraph (1). |
| (3) | The family members of an abused child, including his/her protector, shall participate in good faith in the support provided by a specialized child protection agency under paragraph (1). |
| (4) | The head of a specialized child protection agency shall give top priority consideration to the interests of an abused child in all process of making a decision on whether to provide support, providing the support, etc. under paragraph (1). |
| (5) | Whenever it is necessary for abused children and their family members enrolled in schools under each of the subparagraphs of Article 2 of the Elementary and Secondary Education Act to enter schools (including admission and re-admission to schools, change of schools, and transfer to other schools; hereinafter the same shall apply) outside the areas where they reside, the State and local governments shall provide support to help them enter those schools. <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| (6) | Matters necessary for entrance into schools under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| Article 29-2 (Recommendation to Child Abusers for Participation in Counseling, Education, etc.) |
The head of each specialized child protection agency may recommend that child abusers be provided with necessary support, such as counseling, education, and psychological therapy.
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 29-3 (Restrictions, etc. on Working for Child-Related Institutions) |
| (1) | A person who was finally and conclusively sentenced to a punishment or medical treatment and custody for committing a child abuse-related crime (hereinafter referred to as “child abuse-related crime ex-convict”) may not operate any of the following facilities or institutions (hereinafter referred to as “child-related institutions”) nor work for any child-related institution, nor have a de facto employment relationship with such institution for a period ranging from the time when the sentence became final and conclusive until ten years after the execution of the punishment or medical treatment and custody has been terminated (including cases where deemed terminated) or the non-execution thereof has become final and conclusive in whole or in part: |
| 1. | The implementing agencies of integrated service for children belonging to vulnerable social groups under Article 37, specialized child protection agencies under Article 45, foster home supporting centers under Article 48, and child welfare facilities under Article 52; |
| 12. | The management offices of collective housing (limited to persons engaged in the guard duty) under subparagraph 2 of Article 2 of the Housing Act; |
| (2) | The head of the local government, the superintendent of the office of education or the head of the district office of education who has jurisdiction over the establishment, or authorization for or report on establishment, of a child-related institution referred to in each subparagraph (excluding subparagraph 12) of paragraph (1) shall inquire of the head of the related agency about the child abuse-related crime record of the person who seeks to operate the child-related institution with the consent of the person himself/herself. |
| (3) | The head of a child-related institution shall check the child abuse-related crime record of a person who is working for or is in a de facto employment relationship with the institution or who seeks to work for or to have a de facto employment relationship with the institution. In such cases, the head of such institution shall inquire of the head of the related agency about the child abuse-related crime record of said person with the consent of the person himself/herself. |
| (4) | The head of the related agency, for whom an inquiry is made about the child abuse-related crime record under paragraphs (2) and (3), shall comply therewith, unless an extenuating circumstance exists. |
| (5) | Matters necessary for the procedures, scope, etc. of inquiries into the child abuse-related crime records under paragraphs (2) and (3) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 29-4 (Inspection and Ascertainment of Employment of Child Abuse-Related Crime Ex-Convicts) |
| (1) | The Minister of Health and Welfare or the head of a related central administrative agency shall directly inspect and ascertain, or make an inquiry of a related agency about, whether a child abuse-related crime ex-convict works for or has a de facto employment relationship with any of the following child-related institutions in violation of Article 29-3 (1): |
| 1. | The Minister of Education: Child-related institutions under Article 29-3 (1) 8, 18 and 19; |
| 2. | The Minister of Culture, Sports and Tourism: Child-related institutions under Article 29-3 (1) 17; |
| 3. | The Minister of Health and Welfare: Child-related institutions under Article 29-3 (1) 1, 7, 9, 10 and 11; |
| 4. | The Minister of Gender Equality and Family: Child-related institutions under Article 29-3 (1) 2, 3, 4, 5, 6, 13, 14, 15, 16 and 20; |
| 5. | The Minister of Land, Infrastructure and Transport: Child-related institutions under Article 29-3 (1) 12. |
| (2) | If necessary for the inspection and ascertainment under paragraph (1), the Minister of Health and Welfare or the head of the related central administrative agency may require the head of the child-related institution or the supervisory agency thereof to submit related materials. |
| (3) | The Minister of Health and Welfare or the head of the related central administrative agency shall make public the results of the inspection and check under paragraph (1) by using the Internet homepage, etc., as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 29-5 (Demand for Dismissal, etc. of Employed Workers) |
| (1) | The head of a central administrative agency referred to in each subparagraph of Article 29-4 (1) shall demand that the head of a child-related institution dismiss a person who is employed or in a de facto employment relationship in violation of Article 29-3 (1). |
| (2) | The head of a central administrative agency referred to in each subparagraph of Article 29-4 (1) shall demand that the head of a child-related institution close the child-related institution if it is in operation in violation of Article 29-3 (1). |
| (3) | The head of a central administrative agency referred to in each subparagraph of Article 29-4 (1) may close a child-related institution or revoke the registration, permission, etc. therefor, or require the head of the related administrative agency to take such measures, as prescribed by Presidential Decree, if the head of the child-related institution refuses the demand for closure under paragraph (2), or fails to meet the demand within one month, without justifiable grounds. |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
CHAPTER IV SUPPORT SERVICES FOR CHILDREN
SECTION 1 Safety of Children and Health Care Support
| Article 30 (Establishment of Safety Standards) |
The State shall establish the safety standards for child welfare facilities and goods for children as prescribed by Presidential Decree, and have the manufacturers, installers and managers of child’s goods observe them.
| Article 31 (Education for Safety of Children) |
| (1) | The head of a child welfare facility, the head of a day care center under the Infant Care Act, the head of a kindergarten under the Early Childhood Education Act, and the head of a school under the Elementary and Secondary Education Act shall draw up an education plan and conduct education of the following matters each year in consideration of the ages of children subject to eduction, as prescribed by Presidential Decree: |
| 1. | Prevention of sexual violence and child abuse; |
| 2. | Precaution and prevention of disappearance and abduction; |
| 3. | Prevention of drug abuse; |
| 4. | Safety measures against disasters; |
| (2) | The head of a child welfare facility and the head of a day care center under the Infant Care Act shall report an education plan drawn up and the result of education conducted under paragraph (1) to the head of the competent City/Gun/Gu once a year. |
| Article 32 (Installation, etc. of Image Data Processing Equipment in Child Protection Zones) |
| (1) | The State and local governments may, if deemed necessary to protect children from the danger of crime, such as abduction, designate surrounding areas of any of the following facilities as child protection zone and take necessary measure, including patrolling for prevention of a crime and providing guidance to children: <Amended Act No. 11520, Oct. 22, 2012> |
| (2) | Matters necessary for the standards and procedures, etc. for the designation of a child protection zone under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The State and local governments shall install image data processing equipment defined in subparagraph 7 of Article 2 of the Personal Information Protection Act in the child protection zones designated under paragraph (1). <Newly Inserted by Act No. 11520, Oct. 22, 2012> |
| (4) | Except as otherwise provided for in this Act, matters concerning the installation, etc. of image data processing equipment shall be governed by the Personal Information Protection Act. <Amended Act No. 11520, Oct. 22, 2012> |
| Article 33 (Placement of Manpower for Protection of Safety of Children) |
| (1) | The State and local governments may place and utilize manpower for the protection of safety of children that conducts patrols and provides guidance, etc. to children in order to prevent crimes against children, such as disappearance and abduction. |
| (2) | Any person who conducts patrols and provides guidance, etc. to children under paragraph (1) shall carry a certificate indicating his/her authority and produce it to the related persons. |
| (3) | The State and local governments shall check the criminal records of persons who intend to be placed as the manpower for the protection of safety of children, after obtaining their consent. |
| (4) | Matters necessary for the scope of duties and utilization of the manpower for the protection of safety of children under paragraph (1) and the procedure, scope, etc. of the checking of criminal records under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 34 (Designation and Operation of Children's Emergency Shelters) |
| (1) | The Commissioner of the National Police Agency may designate and operate children's emergency shelters to protect children who are in danger of abduction, etc. |
| (2) | The Commissioner of the National Police Agency shall check the criminal record of each person who intends to be designated as a children's emergency shelter under paragraph (1). |
| (3) | Matters necessary for the designation and operation of a children's emergency shelter under paragraph (1), and the procedures for, scope, etc. of, confirmation of criminal record under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 35 (Preservation of Healthy Body and Soul) |
| (1) | A child protector shall pay due attention and make utmost efforts to maintain and improve a child's health. |
| (2) | In order to enhance children's health and improving their physical strength, the State and local governments shall provide support for the following matters: |
| 1. | Matters concerning the enhancement of physical health; |
| 2. | Matters concerning the enhancement of mental health, such as prevention of suicide and diverse addictions; |
| 3. | Matters concerning the prevention of skipping meals and improvement of nourishment through subsidized meals; |
| 4. | Matters concerning the enhancement of physical strength and increase leisure time, such as prevention of obesity. |
| (3) | The State and local governments shall prepare a base for children to receive counseling and medical treatment in a timely manner by finding out their physical or mental problem in advance. |
| (4) | The detailed contents of support services under paragraphs (2) and (3) shall be prescribed by Presidential Decree: Provided, That matters necessary for the standards for, method of, and procedure, etc., for, subsidizing meals under subparagraph (2) 3 shall be prescribed by the municipal ordinance of each relevant local government based on the standards prescribed by Presidential Decree. |
| Article 36 (Public Health Centers) |
A public health center shall take charge of the following affairs in accordance with this Act:
| 1. | Preventative measures for children against contagious diseases; |
| 2. | Health counselling and physical examinations of children and guidance on their health and sanitation; |
| 3. | Improvement of children’s nutrition. |
SECTION 2 Support, etc. for Integrated Service for, and Self-Reliance of, Children Belonging to Vulnerable Social Group
| Article 37 (Support for Integrated Service for Children Belonging to Vulnerable Social Group) |
| (1) | In order to promote children's healthy growth and development, the State and local governments shall select households, the growth of children and welfare conditions of which are vulnerable, and shall implement an integrated service which provides comprehensive support for the health, welfare, protection, education, medical treatment, etc. of the children and other family members of such households. |
| (2) | Matters necessary for the selection of persons eligible for the support for integrated service, contents of the integrated service, implementing agency of, and human resources for implementing, such service under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare may entrust affairs related to the support for the operation of integrated service program to a corporation, organization, etc. |
| Article 38 (Support for Self-Reliance) |
| (1) | In order to support the preparation for the termination of protection of children subject to protection by foster homes and their self-reliance after being discharged from child welfare facilities, the State and local governments shall take the following measures: |
| 1. | Support for the residence, living, education, finding employment, etc. required for self-reliance; |
| 2. | Support for the formation and management of assets required for self-reliance (hereinafter referred to as "asset formation support"); |
| 3. | Fact-finding survey and research on self-reliance; |
| 4. | Establishment and operation of a post management system; |
| 5. | Other matters prescribed by Presidential Decree as necessary for self-reliance. |
| (2) | Matters necessary for the procedure for, and method of, the support for self reliance under paragraph (1), and the scope, etc. of children requiring the support shall be prescribed by Presidential Decree. |
| Article 39 (Establishment, etc. of Self-Reliance Support Plans) |
| (1) | The head of a foster home supporting center and the head of a child welfare facilities shall establish an annual self-reliance support plan for each child aged 15 or older who is under protection and conduct education for the persons who implement such plan on the support for self-reliance. |
| (2) | Matters necessary for the establishment, implementation, etc. of self-reliance support plans under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 40 (Establishment, Operation, etc. of Organ Exclusively Responsible for Support for Self-Reliance) |
The State and each local government may establish and operate an organ exclusively responsible for such affairs as the establishment and operation of a database related to support for self-reliance, development and dissemination of self-reliance support programs, management of cases, etc. or entrust all or part of the operation thereof to a corporation, organization, etc.
| Article 41 (Council for Promotion of Support for Children's Self-Reliance) |
| (1) | For the efficient implementation of policies for supporting self-reliance of children subject to support, the Minister of Health and Welfare may establish the Council for Promotion of Support for Children's Self-Reliance which consists of public officials belonging to related administrative agencies. |
| (2) | Matters necessary for the detailed composition, operation, etc. of the Council for Promotion of Support for Children's Self-Reliance referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 42 (Asset Formation Support Programs) |
| (1) | The State and local governments may implement asset formation support programs for children to grow up and develop as sound members of society. |
| (2) | Matters necessary for the scope of children subject to asset formation support programs under paragraph (1), selection and management, etc. of the relevant children shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 43 (Affairs Related to Asset Formation Support Programs) |
| (1) | For the efficient implementation of asset formation support programs prescribed in Article 42, the Minister of Health and Welfare shall be responsible for the affairs related to operation of asset formation support programs and management of financial assets. |
| (2) | Affairs related to the operation of asset formation support programs referred to in paragraph (1) shall be as follows: |
| 1. | Management of children subject to asset formation support programs; |
| 2. | Finding and management of patrons of asset formation support programs; |
| 3. | Education on, and publicity of, asset formation support programs; |
| 4. | Surveys, research and appraisal concerning asset formation support programs; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare with respect to asset formation support programs. |
| (3) | Affairs related to the management of financial assets referred to in paragraph (1) shall be as follows: |
| 1. | Development and management of financial instruments for asset formation support programs; |
| 2. | Matters concerning the operation of financial instruments for asset formation support programs. |
| Article 44 (Entrustment of Affairs Related to Asset Formation Support Programs) |
| (1) | The Minister of Health and Welfare may entrust the affairs related to the operation of asset formation support programs prescribed in Article 43 (2) to corporations or organizations prescribed by Presidential Decree, such as social welfare foundations under the Social Welfare Services Act. |
CHAPTER V AGENCIES IN EXCLUSIVE CHARGE OF CHILD WELFARE AND CHILD WELFARE FACILITIES
SECTION 1 Agencies in Exclusive Charge of Child Welfare
| Article 45 (Establishment, etc. of Specialized Child Protection Agencies) |
| (1) | The State shall establish the National Child Protection Agency to vitalize child abuse prevention activities and establish a mutual linking system among regions. |
| (2) | Each local government shall establish in a City/Do or a Si/Gun/Gu at least one regional specialized child protection agency to take charge of prompt services for finding and protecting abused children and providing medical treatment to them and of the prevention of child abuse: Provided, That a Mayor/Do Governor may establish and operate a combined regional specialized child protection agency for at least two Sis/Guns/Gus in consideration of the number of children in the areas under his/her jurisdiction and the geographical conditions of those areas, as prescribed by the ordinance thereof. <Amended by Act No. 12361, Jan. 28, 2014> |
| (3) | Where a regional specialized child protection agency is established and operated by integration under the proviso to paragraph (2), the relevant Mayor/Do Governor may have the heads of the relevant Sis/Guns/Gus jointly bear the expenses incurred in relation to establishment and operation of the regional specialized child protection agency in consideration of the number of children within the regions under their respective jurisdiction. |
| (4) | The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may designate non-profit corporations established for child abuse prevention and entrust them with the operation of the National Child Protection Agency under paragraph (1) or the regional specialized child protection agencies under paragraph (2). |
| (5) | Matters necessary for the standards for the establishment and operation of specialized child protection agencies, qualifications for counselors and other employees thereof, and the standards for their placement, requirements for designation, etc. under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 46 (Duties of Specialized Child Protection Agencies) |
| (1) | The National Child Protection Agency shall perform the following duties: <Amended by Act No. 12361, Jan. 28, 2014> |
| 1. | Support for regional specialized child protection agencies; |
| 2. | Research and publication of materials related to child abuse prevention activities; |
| 3. | Establishment of a linking system for effective child abuse prevention activities; |
| 4. | Development and evaluation of programs for child abuse prevention activities; |
| 5. | On-the-job training for counselors, education and publicity related to the prevention of child abuse; |
| 6. | Establishment and operation of a computerized system for specialized child protection agencies; |
| 6-2. | Operation of a child abuse information system entrusted pursuant to Article 28-2 (3); |
| 7. | Other duties prescribed by Presidential Decree with respect to child abuse prevention activities. |
| (2) | Regional specialized child protection agencies shall perform the following duties: <Amended by Act No. 12361, Jan. 28, 2014> |
| 1. | Receipt of reports on child abuse, conducting on-the-spot investigations and emergency protection; |
| 2. | Counseling, medical treatment, and education for abused children and their families and child abusers; |
| 3. | Education and publicity for prevention of child abuse; |
| 4. | Post management of the abused child's home; |
| 5. | Establishment and operation of the Expert Committee on Child Abuse Cases and operation of its case conference; |
| 6. | Other duties related to child abuse prevention activities prescribed by Presidential Decree. |
| Article 47 (Performance Evaluation, etc. of Specialized Child Protection Agencies) |
| (1) | The Minister of Health and Welfare shall conduct performance evaluation of specialized child protection agencies once every three years. |
| (2) | Matters necessary for performance evaluation and utilization, etc. of the results of evaluation shall be prescribed by Presidential Decree. |
| Article 48 (Establishment, etc. of Foster Home Supporting Centers) |
| (1) | The State shall establish the central foster home supporting center in order to activate the foster home system and to establish the mutual linking system among regions. |
| (2) | In order to activate the foster home system for children subject to protection, each local governments shall establish a regional foster home supporting center in a City/Do and a Si/Gun/Gu: Provided, That a Mayor/Do Governor may establish and operate one foster home supporting center by combining two or more Sis/Guns/Gus, as prescribed by the relevant municipal ordinance. |
| (3) | Where a regional foster home supporting center is established and operated by integration under the proviso to paragraph (2), the relevant Mayor/Do Governor may have the heads of the Sis/Guns/Gus concerned jointly bear expenses required for the establishment and operation of the regional foster home supporting center in consideration of the number of children within the regions under their respective jurisdiction. |
| (4) | The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may designate non-profit corporations established for support for regional foster homes and entrust them with the operation of the central foster home supporting center or the regional foster home supporting centers prescribed in paragraphs (1) and (2). |
| (5) | Matters necessary for the standards for the establishment and operation of foster home supporting centers, qualifications for counselors and other employees thereof, and the standards for their placement, requirements for designation, etc. under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 49 (Duties of Foster Home Supporting Centers) |
| (1) | The central foster home supporting center shall perform the following duties: |
| 1. | Supports to local foster home supporting centers; |
| 2. | Establishment of the linking systems for effective foster home business; |
| 3. | Research and data publication related to foster home business; |
| 4. | Development and evaluation of the programs for foster home business; |
| 5. | Education and publicity related to foster home business, such as education of counselors; |
| 6. | Establishment of an information basis of foster home business, and the provision of information; |
| 7. | Other duties prescribed by Presidential Decree with respect to foster home business. |
| (2) | Local foster home supporting centers shall perform the following duties: |
| 1. | Publicity of foster home business, and finding families intending to provide foster homes; |
| 2. | Survey of the families intending to provide foster homes and counseling for the children to be commissioned in foster homes; |
| 3. | Education of persons intending to provide foster homes and education of foster parents; |
| 4. | Case management of foster homes; |
| 5. | Support for returning to real parents' homes; |
| 6. | Management of self-reliance plans and case management of children in care of foster homes; |
| 7. | Provision of information concerning foster home system within the district under jurisdiction; |
| 8. | Matters prescribed by Presidential Decree with respect to foster home business. |
SECTION 2 Child Welfare Facilities
| Article 50 (Installation of Child Welfare Facilities) |
| (1) | The State and local governments may install child welfare facilities. |
| (2) | Persons, other than the State and local governments, may install child welfare facilities after filing a report with the head of a competent Si/Gun/Gu. |
| (3) | Matters necessary for the standards for and installation of the facilities, etc. of child welfare facilities shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 51 (Report on Suspension, Closure, etc. of Operation) |
A person who intends to suspend, close or resume the operation of a child welfare facility reported under Article 50 (2) shall file a report thereon in advance with the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare.
| Article 52 (Kinds of Child Welfare Facilities) |
| (1) | The kinds of child welfare facilities are as follows: |
| 1. | Child rearing facilities: Facilities, the purpose of which is to protect and rear children subject to protection, and provide them with training for employment, self-reliance support service, etc. by committing them therein; |
| 2. | Temporary protection facilities for children: Facilities, the purpose of which is to temporarily protect children subject to protection, and devise a plan for future rearing and take protective measures for such children; |
| 3. | Protection and treatment facilities for children: Following facilities that protect children and provide medical treatment to them: |
| (a) | Facilities, the purpose of which is to commit those children who indulge in delinquent acts or are likely to commit such acts, and who are without any protector, or for whom a person with parental power or a protector has applied for his/her being committed therein, or who, being a person under the age of 19, are entrusted for protection by the Court of Family Affairs, a district court and a juvenile branch court, and foster them to sound members of society through provision of medical treatment and guidance into the right path; |
| (b) | Facilities, the purpose of which is to protect, and provide medical treatment to children having a hard time due to emotional or behavioral disorder or the children requiring medical treatment by being temporarily isolated from their parents because of abuse; |
| 4. | Communal homes: Facilities, the purpose of which is to provide children subject to protection with a family-like residential condition, protection, rearing and self-reliance support service; |
| 5. | Facilities supporting for self-reliance: Facilities, the purpose of which is to support the self-reliance of those who are discharged from a child welfare facility by protecting them for a certain period during their employment preparation or after employment; |
| 6. | Child counsel centers: Facilities, the purpose of which is to provide counseling, medical treatment and research, etc. concerning the problems of children and their families; |
| 7. | Exclusive Facilities for children: Facilities, the purpose of which is to provide services necessary for maintaining physical and mental health and improving welfare by providing sound play, recreations and various conveniences, such as children’s parks, children’s playground, children’s hall, facilities for sports, drama, cinema, scientific experiment display, children’s resting and lodging places, campground, etc.; |
| 8. | Regional centers for children: Facilities, the purpose of which is to provide comprehensive child welfare services to foster children in a healthy condition, such as protection and education of children in the community, provision of sound play and recreations for them, and establishment of a linkage between their protectors and the community. |
| (2) | A child welfare facility under paragraph (1) may be established as a general facility. |
| (3) | A child welfare facility under paragraph (1) may implement the following services additionally in so far as they do not impair its own services and meet the standards for installation and operation of each facility: |
| 1. | Services to support children’s families: Services to provide children, families and community residents with counsel, advice and information for the sound development of children in the community; |
| 2. | Services for daytime child protection: Services to ensure sound growth of children through individual protection and education for those who are unable to obtain any protection at home during daytime due to inevitable grounds; |
| 3. | Specialized counsel service for children: Services to provide children unsuited to school, etc. with a counsel and medical treatment for creating sound personality, and to take measures for prevention of school violences; |
| 4. | Protection services for abused children: Services to find, protect and treat abused children and to prevent child abuse in a specialized way; |
| 5. | Services of communal homes: Services, the purpose of which is to provide children subject to protection with a family-like residential condition and protection; |
| 6. | After-school guidance service for children: Services, the purpose of which is to create sound personality of children from low-income families through individual protection and education after school. |
| Article 53 (Installation of Facilities for Children’s Exclusive Use) |
| (1) | The State and local governments shall endeavor to establish facilities to be exclusively used by children at any time. |
| (2) | Any person who installs and operates the cultural and recreational facilities, transportation and other service facilities, etc. which children may use, may furnish a convenience facility, taking the convenience for children’s use into consideration, as prescribed by Presidential Decree, and exempt or reduce the entrance fee and use charges, etc. for the children. |
| (3) | Matters necessary for the standards, etc. for installation of the facilities for children’s exclusive use shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 54 (Persons Engaged in Child Welfare Facilities) |
| (1) | Child welfare facilities shall employ the required professional manpower. |
| (2) | Type and number, qualifications and employment standards of persons engaged in child welfare facilities shall be prescribed by Presidential Decree. |
| Article 55 (Education and Training of Persons Engaged in Child Welfare Facilities) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall conduct education and training for fostering and quality improvement of persons engaged in child welfare facilities. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu may conduct education and training referred to in paragraph (1) by entrusting it to universities and colleges (including junior colleges), child welfare organizations, or other educational and training facilities (hereinafter referred to as "educational and training facilities"). |
| Article 56 (Improvement of Facilities, Suspension of Services, and Closure of Facilities, etc.) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may, if any child welfare facility, agency in exclusive charge of child welfare, or educational and training facility (excluding universities, colleges and junior colleges) falls under any of the following, issue an order for improvement of the facility, not more than six-month service suspension, revocation of entrustment, replacement of the head of the facility, or closure of the facility, depending on the jurisdiction: <Amended by Act No. 12361, Jan. 28, 2014> |
| 1. | Where the relevant facility no longer meets the installation standards; |
| 2. | Where the permission for the establishment of the facility established and operated by a social welfare corporation or non-profit corporation is revoked; |
| 3. | Where it is deemed unnecessary to continue the operation of the relevant facility due to the achievement of its installation objectives or on any other grounds; |
| 4. | Where an act of child abuse is confirmed to have been committed in the relevant facility against a child subject to protection; |
| 5. | Where the subsidy for expenses is received in a false or other unjust manner; |
| 6. | Where the relevant facility has been operated during the period of suspension of services; |
| 7. | Where the relevant facility violates this Act or any orders issued under this Act. |
| (2) | Standards for the dispositions for improvement of facilities, suspension of services, revocation of entrustment, replacement of the heads of the relevant facilities, or closure of the facilities under paragraph (1) shall be prescribed by Presidential Decree, in consideration of the types, causes and gravity of the violations. |
SECTION 3 Management of, Dispositions, etc. against Agencies in Exclusive Charge of Child Welfare and Child Welfare Facilities
| Article 57 (Obligation of Heads of Agencies in Exclusive Charge of Child Welfare and Child Welfare Facilities) |
The heads of agencies in exclusive charge of child welfare and child welfare facilities shall guarantee the rights and interests of protected children to the maximum extent, and provide adequate counselling and guidance at the same time to ensure the protected children’s safe returning home if the person in parental power exists.
| Article 58 (Fosterage of Child Welfare Organizations) |
The State and local governments may guide and foster a child welfare organization.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 59 (Subsidization of Expenses) |
The State and local governments may subsidize all or some of the expenses falling under any of the following, as prescribed by Presidential Decree:
| 1. | Expenses incurred in installing and operating child welfare facilities and for operating their programs, or in rearing, protecting and managing the fostered children; |
| 2. | Expenses incurred in rearing by proxy a child subject to protection or in the protection by a foster home; |
| 3. | Expenses incurred in the guidance, supervision, enlightenment and publicity of child welfare services; |
| 4. | Expenses incurred in installing and operating agencies in exclusive charge of child welfare; |
| 5. | Expenses incurred in support for the integrated service for children belonging to a vulnerable social group under Article 37; |
| 6. | Expenses incurred in support for self-reliance of children subject to protection under Article 38; |
| 7. | Expenses incurred in implementing asset formation support programs under Article 42; |
| 8. | Expenses incurred in guiding and fostering child welfare organizations under Article 58. |
| Article 60 (Collection of Expenses) |
A Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a child welfare facility may collect all or some of the expenses required for the protective measures under Article 15 (1) 3 through 5 and Article 15 (4) and (5), respectively, from a person liable for supporting a child, as prescribed by Presidential Decree.
| Article 61 (Order to Refund Subsidy) |
Where a person entrusted with protection, such as the head of a child welfare facility, the head of foster home supporting center, a surrogate rearer or the head of a child welfare organization, falls under any of the following, the State or local government may order him/her to refund all or some of the subsidies already granted:
| 1. | Where he/she violates the conditions on granting the subsidy; |
| 2. | Where he/she receives the subsidy in a false or other unjust manner; |
| 3. | Where he/she commits an act for gaining private profits in connection with the operation of an agency in exclusive charge of child welfare or a child welfare facility; |
| 4. | Where any balance of subsidies exists; |
| 5. | Where he/she violates this Act or an order issued under this Act. |
| Article 62 (Lease, etc. of National or Public Property Owned by the State or Public) |
| (1) | Where deemed necessary for the installation and operation of child welfare facilities, the State or local governments may lease the property owned by the State or public, or allow to use them and earn profit therefrom, without compensation, notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
| (2) | The contents of, and conditions for, the lease and use of the property owned by the State or public and earning benefit therefrom under paragraph (1) shall be governed by the contract between a person who intends to use them and earn profit therefrom and the head of a central administrative agency or local government having jurisdiction over the relevant property. |
| Article 63 (Tax Exemption) |
The building and land used by child welfare facilities for protection of children, and expenses incurred in installing and operating such facilities may be exempted from taxes and other public charges, as prescribed by the Restriction of Special Taxation Act and other related Acts and subordinate statutes.
| Article 64 (Prohibition of Seizure) |
No money or goods received and no right to receive such money or goods under this Act shall be seized.
| Article 65 (Obligation to Preserve Confidentiality) |
Those who have been or are engaged in the child welfare services or the child welfare affairs, including agencies in exclusive charge of child welfare, shall not divulge any confidential information which they have learned in the course of carrying out their duties.
| Article 66 (Investigation, etc.) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may, if deemed necessary, have a related public official or exclusive public official enter child welfare facilities, a domicile or residence of a child, a place where a child is employed, or a place where the acts prohibited under Article 17 are likely to be committed, and conduct a necessary investigation on the child or a related person, or ask him/her questions. |
| (2) | In cases falling under paragraph (1), the related public official or exclusive public official shall carry a certificate indicating his/her authority and produce it to the related persons. |
The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu shall hold a hearing, where he/she intends to revoke the entrustment or to issue an order for closure of facilities under Article 56.
| Article 68 (Delegation of Authority) |
The authority of the Minister of Health and Welfare under this Act may be delegated in part to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree; and the authority of a Mayor/Do Governor under this Act to the head of a Si/Gun/Gu, as prescribed by Presidential Decree: Provided, That the authority of the Minister of Education, the Minister of Culture, Sports and Tourism, the Minister of Gender Equality and Family, and the Minister of Land, Infrastructure and Transport under Articles 29-4, 29-5, and 75 may be delegated in part to a Mayor/Do Governor, the head of a Si/Gun/Gu, or the superintendent of an office of education or the head of a district office of education, as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 12361, Jan. 28, 2014]
| Article 69 (Prohibition of Similar Names) |
A person who is not an agency in exclusive charge of child welfare or a child welfare facility shall be prohibited from using any name that refers to an agency in exclusive charge of child welfare or a child welfare facility.
| Article 70 (Legal Fiction of Public Officials in Application of Penalty Provisions) |
The head of an agency in exclusive charge of child welfare or the head of a child welfare facility and any person engaged therein shall be deemed a public official in the application of Articles 129 through 132 of the Criminal Act.
CHAPTER VII PENALTY PROVISIONS
| Article 71 (Penal Provisions) |
| (1) | Any person who violates Article 17 shall be punished according to the following classifications: <Amended by Act No. 11572, Dec. 18, 2012; Act No. 12361, Jan. 28, 2014> |
| 1-2. | A person who commits an act falling under subparagraph 2 shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 50 million won; |
| 2. | A person who commits an act falling under any of subparagraphs 3 through 8 shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 30 million won; |
| 3. | A person who commits an act falling under subparagraph 10 or 11 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 20 million won; |
| 4. | A person who commits an act falling under subparagraph 9 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding five million won: |
| 1. | and 2. Deleted; <by Act No. 12361, Jan. 28, 2014> |
| 3. | A person who installs a child welfare facility without filing a report under Article 50 (2); |
| 4. | A person who becomes qualified as a child welfare facility personnel referred to in Article 54 (1) by drawing up a false document; |
| 5. | A person who continues to operate a facility or to provide services after receiving an order to suspend business, revoke entrustment or close the facility under Article 56; |
| 6. | A person who divulges confidential information, in violation of Article 65; |
| 7. | A person who refuses, obstructs or evades the investigation referred to in Article 66 (1), or refuses to answer or avoid answering the questions or give false answers, or causes a child to refuse to answer or to evade the questions or to answer falsely or obstructs him/her answering the questions. |
| Article 72 (Habitual Offenders) |
Any person who habitually commits any crime stipulated in subparagraphs of Article 71 (1) shall be subject to aggravated punishment up to 1/2 of the amount of punishment for such crime.
| Article 73 (Persons who have Attempted Crimes) |
Any person who has attempted a crime falling under Article 71 (1) 1 shall be punished.
| Article 74 (Joint Penalty Provisions) |
If the representative of a juristic person, or an agent, employee or any other person working for a juristic person or an individual has committed any act which violates Articles 71 with respect to duties of the said juristic person or individual, not only shall such violator be punished accordingly, but the juristic person or individual shall be punished by a fine prescribed in the relevant Articles: Provided, That the same shall not apply where the juristic person or the individual has paid careful attention to and has not negligently supervised the relevant business in order to prevent the violation.
| Article 75 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding ten million won: <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| 1. | The head of a protection facility for abused children who refuses to take custody of an abused child, in violation of Article 27-3; |
| 2. | The head of a child-related institution who refuses the demand for dismissal under Article 29-5 (1), or fails to meet such demand within one month, without justifiable grounds. |
| (2) | If the head of a child-related institution fails to ascertain a child abuse-related crime record in violation of Article 29-3 (3), he/she shall be subject to an administrative fine not exceeding five million won. <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 11520, Oct. 22, 2012; Act No. 12361, Jan. 28, 2014> |
| 1. | Deleted; <by Act No. 12361, Jan. 28, 2014> |
| 2. | A person who fails to provide education, in violation of Article 31; |
| 3. | A person who fails to report on suspension, closure, or resumption of the operation, of a child welfare facility, in violation of Article 51; |
| 4. | A person who uses a name that refers to an agency in exclusive charge of child welfare or a child welfare facility, in violation of Article 69. |
| (4) | Administrative fines under paragraphs (1) through (3) shall be imposed and collected by the Minister of Education, the Minister of Culture, Sports and Tourism, the Minister of Health and Welfare, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, the superintendent of the office of education of a Special Metropolitan City, Metropolitan City, Special Self-Governing Province or Do, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 11520, Oct. 22, 2012; Act No. 12361, Jan. 28, 2014> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any administrative disposition, act done by or against an administrative agency under the former Child Welfare At as at the time this Act enters into force shall be deemed an act done by or against an administrative agency corresponding thereto under this Act.
Article 3 (Transitional Measures concerning Specialized Child Protection Agencies)
The National Child Protection Agency and regional specialized child protection agencies established under former Article 24 of the Child Welfare Act as at the time this Act enters into force shall be deemed the National Child Protection Agency and regional specialized child protection agencies established under the amended Article 45. Article 4 (Transitional Measures concerning Child Welfare Facilities and Employees, etc. Thereof)
| (1) | Employees of vocational training facilities for children (including the heads of such agencies) under the former Child Welfare Act as at the time this Act enters into force shall be deemed employees of child rearing facilities (including the head of such agencies) under the amended provisions of Article 52 (1) 1. |
| (2) | Children committed in vocational training facilities for children under the former Child Welfare Act as at the time this Act enters into force shall be deemed children committed in the child rearing facilities under the amended provisions of Article 52 (1) 1. |
Article 5 (Transitional Measures concerning Penalty Provisions)
Application of the penalty provisions to any act committed before this Act enters into force shall be governed by the former Child Welfare Act.
Article 6 Omitted.
Article 7 (Relationship with other Acts and Subordinate Statutes)
Where any other Acts and subordinate statutes cite the former Chid Welfare Act or the provisions thereof as at the time this Act enters into force, it shall be deemed to have cited the relevant provisions of this Act in lieu of the former provisions, if there exist provisions corresponding thereto in this Act.
ADDENDA <Act No. 11520, Oct. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Image Data Processing Equipment in Child Protection Zones)
The State and local governments shall install image data processing equipment in child protection zones which have no image data processing equipment installed as at the time this Act enters into force pursuant to Article 32 (3) by no later than June 30, 2017.
ADDENDA <Act No. 11572, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12361, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation.
Article 2 (Applicability concerning Restrictions on Working for Social Welfare Facilities among Child-Related Institutions)
The amended provisions of Articles 29-3 through 29-5 shall not apply to any person who is finally and conclusively sentenced to a punishment or medical treatment and custody for the commission of an act falling under Article 71 (1) of this Act before this Act enters into force, if the amended provisions are related to any social welfare facility under Article 2 of the Social Welfare Services Act among the child-related institutions under the amended provisions of Article 29-3. Article 3 Omitted.