CHILD CARE SUPPORT ACT
Act No. 11288, Feb. 1, 2012
Amended by Act No. 11833, May 28, 2013
Act No. 12531, Mar. 24, 2014
Act No. 13538, Dec. 1, 2015
Act No. 14064, Mar. 2, 2016
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to improve the quality of life of family members through the enhancement of the welfare of children and the reconciliation of work and family life of their guardians and to create a more child-rearing-friendly social environment by supporting the child care of each family.
The definitions of terms used in this Act shall be as follows:
| 1. | The term "child" means a juvenile of 12 years of age or below; |
| 2. | The term "guardian" means a person with parental authority, a custodian, or any other person, who actually protects a child; |
| 3. | The term "child care service" means the service that is individually provided for the protection, rearing, etc. of a child at his/her residence; |
| 4. | The term "child care provider" means a person who is qualified under Article 7 and provides child care service through a child care institute designated under Article 11. |
| Article 3 (Principle of Child Care Support) |
| (1) | The State and local governments shall support child care by putting the best interests of the children first. |
| (2) | The support for child care under paragraph (1) shall be provided so as to satisfy diverse demands of guardians. |
| Article 4 (Support from the State, etc.) |
The State and local governments shall support guardians to fulfill their responsibility for the child care.
CHAPTER II DUTIES, ETC. OF CHILD CARE PROVIDERS
| Article 5 (Duties of Child Care Providers) |
| (1) | A child care provider shall perform his/her duties to provide protection and care for children, in accordance with the standards prescribed by the Minister of Gender Equality and Family. |
| (2) | A child care provider shall perform the following duties: |
| 1. | Transport of a child to a medical institution, if any disease or accident occurs to a child; |
| 2. | Provision of safe and nutritionally balanced meals and snacks; |
| 3. | Maintenance of cleanliness and hygiene of a child; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (3) | The specific duties of a child care provider to exercise caution shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (4) | A child care provider shall respect a guardian’s child rearing philosophy, and consult with him/her for emergency measures, etc. |
| Article 6 (Disqualifications) |
None of the following persons shall be eligible to work as a child care provider: <Amended by Act No. 13538, Dec. 1, 2015; Act No. 14064, Mar. 2, 2016>
| 1. | A minor or an incompetent under the adult guardianship, or a quasi-incompetent under the limited guardianship; |
| 2. | A mentally ill person; |
| 3. | A narcotic, hemp, or psychotropic drug addict; |
| 4. | A bankrupt who has not been reinstated; |
| 5. | A person for whom three years have not passed since the execution of his/her imprisonment without labor or heavier punishment declared by a court was terminated (including cases where such execution is deemed terminated) or exempted; |
| 6. | A person who is subject to suspension of execution of imprisonment without labor or heavier punishment declared by a court; |
| 7-2. | A person who was sentenced to imprisonment without labor or greater punishment for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act and for whom 20 years have not passed since such punishment was completely executed or exempted; |
| 7-3. | A person who was sentenced to suspension of execution of imprisonment without labor or greater punishment for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act and for whom 20 years have not passed since such sentence became final; |
| 7-4. | A person who was sentenced to a fine and for whom ten years have not passed since such sentence became final; |
| 8. | A person who is subject to the suspension of his/her qualification pursuant to Article 32; |
| 9. | A person for whom one year has not passed since his/her qualification is revoked pursuant to Article 33. |
| Article 7 (Qualifications of Child Care Providers) |
| (1) | A person who intends to be a child care provider shall complete an education course at an educational agency prescribed in Article 9 or obtain the qualification prescribed by Presidential Decree. |
| (2) | Matters necessary for the curricula, contents, etc. of the education for child care providers shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 8 (Prohibition against Name Lending, etc.) |
| (1) | A child care provider shall neither permit another person to provide the child care service using his/her name nor lend his/her completion certificate to another. |
| (2) | A person who is not a child care provider shall be prohibited from using the words "child care provider" or any other similar words in his/her title. |
| Article 9 (Designation, etc. of Educational Agencies) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall, for the training of child care providers, designate facilities that satisfy designation standards prescribed by Ordinance of the Ministry of Gender Equality and Family as educational agencies. <Amended by Act No. 13538, Dec. 1, 2015> |
| (2) | If an educational agency falls under the following cases, the Mayor/Do Governor may order the suspension of its business or the revocation of its designation: Provided, That in cases falling under subparagraph 1, he/she shall revoke its designation: |
| 1. | Where it has been designated as an educational agency by fraud or other improper means; |
| 2. | Where it does not conform to the designation standards referred to in paragraph (1) any longer; |
| 3. | Where it fails to operate the curricula for at least one year. |
| (3) | The procedures for the designation of educational agencies under paragraph (1) and the specific standards, procedures for the dispositions, etc. under paragraph (2) shall be prescribed by Ordinance of the Minister of Gender Equality and Family. |
| Article 10 (Continuing Education) |
| (1) | The Minister of Gender Equality and Family shall provide continuing education to enhance the quality of child care service and the expertise of child care providers. |
| (2) | Specialized agencies may be entrusted to provide the continuing education referred to in paragraph (1). |
| (3) | Matters necessary for the contents, period, method, etc. of continuing education referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
CHAPTER III AGENCIES PROVIDING CHILD CARE SERVICE
| Article 11 (Designation, etc. of Service-Providing Agencies) |
| (1) | A person who intends to establish and operate an agency that provides child care service (hereinafter referred to as "service agency") shall obtain the designation therefor from the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the location of the agency after meeting the standards for facilities, human resources, operation, etc. prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall designate the optimum number of service agencies, taking into consideration the regional distribution and the optimum size of supply, the number of children eligible for the service, etc. |
| (3) | The procedures for the designation of service agencies related to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (4) | Where any important matter is to be changed, the head of a service agency shall obtain the approval therefor from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. He/she shall file a report if any insignificant change is made. |
| (5) | Contents, procedures, etc. related to paragraph (4) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 12 (Submission, etc. of Information on Service Agencies) |
| (1) | The Mayor/Do Governor shall, in order to ensure the service quality, receive reports on the contents of service, present status of facilities and human resources, and other data from the heads of service agencies and provide them to the guardians of children. |
| (2) | The contents of service that are to be informed to guardians under paragraph (1), the method and procedures for providing the information, and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 13 (Duties, etc. of Service Agencies) |
| (1) | A service agency shall have child care providers. |
| (2) | No service agency shall reject any request from a guardian to provide its service: Provided, That the same shall not apply where any justifiable ground, such as abnormal supply and demand of child care providers, exists. |
| (3) | A service agency shall, in providing its child care service, conduct health and hygiene control and other matters prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (4) | A service agency shall take necessary safety measures, such as taking out indemnity insurance, etc. in order to compensate for the damage to the lives and bodies of child care providers and children due to safety accidents that may occur during the provision of service. |
| (5) | A service agency may employ a person who holds a certificate of qualification as an infant-care teacher under Article 21 (2) of the Infant Care Act to provide child care services to families with an infant of not more than 24 months of age. <Newly Inserted by Act No. 11833, May 28, 2013> |
| (6) | Upon consultation with the guardian of a child, a service agency may instruct a child care provider to provide child care services that include additional household chores for the child. <Newly Inserted by Act No. 11833, May 28, 2013> |
| Article 13-2 (Preferential Provision of Child Care Services) |
The State or a local government and a service agency shall ensure that child care services are preferentially provided to the following persons: Provided, That the foregoing shall not apply where any reasonable ground exists, such as a budgetary shortfall or insufficient supply of child care providers:
| 6. | Children of a double-income family unable to nurture children appropriately due to employment or activities of both parents for living; |
| 7. | Children of any other person specified by Ordinance of the Ministry of Gender Equality and Family in consideration of the level of income, etc. |
[This Article Newly Inserted by Act No. 11833, May 28, 2013]
| Article 14 (Entering into Standard Form Contracts) |
| (1) | A service agency shall enter into standard form contracts with the child care providers under its control. |
| (2) | Detailed matters of the standard form contract shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 15 (Matters to be Observed by Guardians) |
A guardian who intends to use the child care service shall agree to and comply with the terms and conditions of a service contract, including the measures to prevent safety accidents.
| Article 16 (Recommendation, etc. on Service Agencies) |
Where a service agency intends to close or suspend its business and any inconvenience is likely to occur due to the absence of a substitutable service agency nearby, the Mayor/Do Governor or the head of a Si/Gun/Gu shall recommend the relevant service agency to continue its business or take any other necessary measures.
[This Article Wholly Amended by Act No. 13538, Dec. 1, 2015]
| Article 17 (Revocation, etc. of Designation of Service Agencies) |
| (1) | If any service agency falls under any of the following cases, the Mayor/Do Governor or the head of a Si/Gun/Gu may revoke the designation thereof: Provided, That in cases falling under subparagraph 1 or 5, the designation shall be revoked: |
| 1. | Where the designation has been obtained by fraud or other improper means; |
| 2. | Where it has failed to meet the designation standards for facilities, human resources, etc. referred to in Article 11 (1); |
| 3. | Where it has refused to provide its service, in violation of Article 13 (2); |
| 4. | Where it has refused, interfered with, or evaded the submission of data, inquiries or inspections referred to in Article 29, has filed a false report, or has submitted false data; |
| 5. | Where it has claimed expenses incurred in providing child care service by fraud or other improper means; |
| 6. | Where it has neglected the management of child care providers under its control. |
| (2) | An agency, the designation of which is revoked under paragraph (1), shall be prohibited from being re-designated as a service agency for a period prescribed by Ordinance of the Ministry of Gender Equality and Family within three years. |
| (3) | The procedures, etc. for revocation of designation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 18 (Management and Assessment of Service Agencies) |
| (1) | The Minister of Gender Equality and Family may take such measures as disclosing the results of the assessment on whether service agencies have been operated adequately in accordance with the standards for operation, etc. referred to in Article 11 (1) or any other necessary measures. |
| (2) | The Minister of Gender Equality and Family shall strive to improve the level of the services provided by service agencies by continuously managing and assessing the contents of such services. |
| (3) | The Minister of Gender Equality and Family may entrust part of the affairs related to the management and assessment prescribed in paragraphs (1) and (2) to corporations, organizations, or any other specialized agencies. |
| (4) | Method of assessing the contents of the services provided, method of disclosing the assessment results under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
CHAPTER IV CREATION OF NURTURE-FRIENDLY SOCIAL ENVIRONMENT
| Article 19 (Child Care Sharing Center) |
| (1) | The State and local governments may establish and operate child care sharing centers for the exchange of information related to child rearing, education of parents, etc. |
| (2) | The State or a local government may entrust the operation of child care sharing centers to corporations, organizations, or any other specialized agencies. |
| (3) | Matters necessary for the entrustment, etc. of child care sharing centers under paragraph (2) shall be prescribed by the Ordinance of the Ministry of Gender Equality and Family. |
CHAPTER V SUPPORT, ETC. FOR EXPENSES FOR CHILD CARE SERVICE
| Article 20 (Support, etc. for Expenses) |
| (1) | The State and a local government may render support for all or part of the expenses incurred in providing child care service to households, the respective income of which is not more than the amount prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (2) | The expenses referred to in paragraph (1) may be subsidized differentially by taking into consideration the income level of each household, residential area, employment status of parents, etc. |
| (3) | The expenses incurred in providing child care service shall be prescribed and publicly notified by the Minister of Gender Equality and Family, taking into consideration the type of service, circumstances of the relevant region, etc. |
| Article 21 (Child Care Vouchers) |
| (1) | The State and local governments may provide child care vouchers so as to subsidize expenses referred to in Article 20 (1). |
| (2) | The Minister of Gender Equality and Family and the head of a local government may entrust the affairs related to the vouchers prescribed in paragraph (1) to public agencies or civil agencies or organizations. |
| (3) | Mattes necessary for the application for and issuance of the vouchers shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 22 (Application for Support for Expenses) |
| (1) | A guardian may apply for support for expenses incurred in providing child care service under Article 20 (1). |
| (2) | In filing an application under paragraph (1), a guardian shall submit written consent of himself/herself and the household members to the provision of the following data or information: |
| 3. | Insurance premiums paid after taking out the insurance prescribed in subparagraphs of Article 4 (1) of the Insurance Business Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information"). |
| (3) | Matters necessary for the method and procedure for the application for support for expenses under paragraph (1) and those for the consent under paragraph (2) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 23 (Provision of Financial Information, etc.) |
| (5) | No person who engages in or has engaged in the affairs referred to in paragraph (1) or (2) shall use the financial information, etc. acquired while performing his/her duties for any purpose other than that prescribed in this Act, or furnish or divulge it to any other person or agency. |
| (6) | Matters necessary for requests for, or the provision, etc. of financial information, etc. under paragraphs (1), (2), and (4) shall be prescribed by Presidential Decree. |
| Article 24 (Examinations and Inquiries, etc.) |
| (1) | The Minister of Gender Equality and Family or the head of a local government may request an applicant for support for expenses and a person who is to receive support, to submit documents necessary to confirm the eligibility for such support or other data related to the income, property, etc., and may allow public officials under his/her control to have access to residence of the applicant for such support and the person who is to receive support and other necessary places and to inspect documents, etc. or make necessary inquiries to the related persons. |
| (2) | The Minister of Gender Equality and Family or the head of a local government may request the heads of related agencies to provide data on national taxes, local taxes, land, building, health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. necessary for the examinations referred to in paragraph (1) or support for expenses. In such cases, the head of an agency in receipt of such request shall comply therewith, except in extenuating circumstances. |
| (3) | Where an applicant for support for expenses or a person who is to receive support refuses to submit documents or data or refuses, interferes with, or evades any examination or inquiry conducted under paragraph (1), the Minister of Gender Equality and Family or the head of a local government may reject the application for support for expenses or may revoke, suspend or alter the decision for the support. |
| (4) | Matters necessary for the scope, timing, and contents of the examinations and inquiries to be conducted under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 25 (Digitalization of Affairs Related to Support for Expenses) |
| (1) | The Minister of Gender Equality and Family and the head of a local government may establish and operate an electronic system for efficiency in dealing with the affairs prescribed in Article 20 (1). |
| Article 26 (Subsidization of Expenses) |
The State or a local government may subsidize all or part of expenses incurred in carrying out the affairs under this Act or operating service agencies provided for by this Act. <Amended by Act No. 14064, Mar. 2, 2016>
| Article 27 (Order to Return Expenses or Subsidies) |
Where the founder or operator of a service agency, or the head of an agency entrusted with the affairs under this Act, etc. falls under any of the following cases, the State or a local government may order him/her to return all or part of the expenses or the subsidy already paid:
| 1. | Where the subsidy has been used for the purpose other than the business purpose; |
| 2. | Where the subsidy has been received by fraud or other improper means; |
| 3. | Where he/she has violated this Act or an order issued under this Act. |
CHAPTER VI GUIDANCE, SUPERVISION, ETC.
| Article 28 (Guidance and Order) |
The Minister of Gender Equality and Family, the Mayor/Do Governor, or the head of a Si/Gun/Gu may, for the smooth support for child care service, provide child care providers and service agencies with guidance and issue orders to them as necessary.
| Article 29 (Inquiries and Examinations) |
| (1) | The Minister of Gender Equality and Family, the Mayor/Do Governor, or the head of a Si/Gun/Gu may request a child care provider or a service agent to submit data related to the provision of their services or have public officials under his/her control inquire of related persons or examine the related documents. |
| (2) | When performing the duties under paragraph (1), a public official shall carry with him/her a certificate indicating his/her authority and present it to the related persons. |
| Article 30 (Prohibition against Divulging Confidential Information) |
A person who engages in or has engaged in a service agency or an agency entrusted with the affairs under Article 18 (3), 19 (2), or 21 (2) or a child care provider shall not divulge any confidential information which he/she has learned while performing his/her duties.
If the Mayor/Do Governor or the head of a Si/Gun/Gu intends to revoke the designation of an educational agency or a service agency under Article 9 (2) or 17 (1), he/she shall hold a hearing.
| Article 32 (Suspension of Qualification of Child Care Providers) |
Where a child care provider falls under any of the following cases, the Minister of Gender Equality and Family may suspend his/her qualification by up to one year as prescribed by Ordinance of the Ministry of Gender Equality and Family: Provided, That in cases falling under subparagraph 1, his/her qualification shall be suspended:
| 1. | Where he/she has committed at least one of the following acts: |
| (a) | Use of violence toward, or infliction of an injury on, a child's body; |
| (b) | Abandonment of a child or negligence in the basic protection of a child, including food, clothing, and shelter; |
| (c) | Commitment of an unlawful act, such as a theft at a child's residence; |
| 2. | Where he/she has caused any damage to the body or property of a child or guardian willfully or by gross negligence during the performance of his/her duties; |
| 3. | Where he/she has failed to receive continuing education prescribed in Article 10 for three consecutive times; |
| 4. | Where he/she has recommended, induced, or promoted unnecessary services against a guardian for the purpose of making profits. |
| Article 33 (Revocation of Qualification of Child Care Providers) |
If a child care provider falls under any of the following cases, the Minister of Gender Equality and Family shall revoke his/her qualification: <Amended by Act No. 13538, Dec. 1, 2015; Act No. 14064, Mar. 2, 2016>
| 1. | Where he/she has obtained his/her qualification by fraud or other improper means; |
| 2. | Where he/she has been sentenced to imprisonment without labor or heavier punishment for causing damage to the body or property of a child or guardian willfully or by gross negligence during the performance of his/her duties; |
| 4. | Where his/her qualification has been suspended at least three times under Article 32. |
| Article 34 (Delegation and Entrustment of Authority, etc.) |
| (1) | The Minister of Gender Equality and Family or the Mayor/Do Governor may delegate part of his/her authority prescribed in this Act to the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Gender Equality and Family may entrust part of his/her duties under this Act to corporations or organizations, as prescribed by Presidential Decree. |
CHAPTER VII PENAL PROVISIONS
| Article 35 (Penal Provisions) |
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 12531, Mar. 24, 2014>
| 1. | A person who is designated as an educational agency by fraud or other improper means, in violation of the designation standards under Article 9 (1); |
| 2. | A person who is designated as a service agent by fraud or other improper means, in violation of the designation standards under Article 11 (1); |
| 3. | A person who is re-designated as a service agent, in violation of Article 17 (2); |
| 4. | A person who receives support for expenses under Article 20 by fraud or other improper means or helps another to receive such support; |
| 5. | A person who divulges any confidential information which he/she has learned while performing his/her duties, in violation of Article 30. |
| Article 36 (Joint Penalty Provisions) |
Where a representative of a corporation, or an agent, employee, or other person working for a corporation or individual commits a violation under Article 35 with respect to the duties of the corporation or individual, not only shall such violator be punished accordingly, but also the corporation or individual shall be punished by a fine prescribed in the relevant provisions: Provided, That this shall not apply where such corporation or individual has not neglected to take due care and supervision concerning the relevant duties in order to prevent such violation.
| Article 37 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by administrative fines not exceeding three million won: <Amended by Act No. 11833, May 28, 2013; Act No. 13538, Dec. 1, 2015> |
| 2. | A person who fails to obtain approval for, or to file a report on, the changed matter, in violation of Article 11 (4); |
| 3. | A person who refuses to provide child care services without good cause, in violation of Article 13 (2); |
| 4. | A person who fails to provide child care services preferentially without good cause, in violation of Article 13-2; |
| 5. | A person who fails to submit data or submits false data or a person who refuses, interferes with, or evades an inquiry or examination or gives a false answer thereto, in violation of Article 29 (1). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Gender Equality, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Child Care Providers)
A person who has completed a former education course as at the time this Act enters into force shall be deemed to have completed an education course under this Act.
Article 3 (Transitional Measures concerning Educational Agencies for Child Care Providers and Service Agencies)
An educational agency or service agency designated under the former guidelines as at the time this Act enters into force shall be deemed to have been designated under Article 9 or 11: Provided, That it shall meet the designation standards prescribed by Ordinance of the Minister of Gender Equality and Family within three months from the date this Act enters into force. Article 4 (Transitional Measures concerning Disqualifications and Revocation of Qualification of Child Care Providers)
"Article 17 of the same Act" and "Article 71 (1) of the Child Welfare Act" in subparagraph 7 of Article 6 and subparagraph 3 of Article 33 shall be deemed "Article 29 of the same Act" and "Article 40 of the Child Welfare Act" until August 4, 2012.
ADDENDUM <Act No. 11833, May 28, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12531, Mar. 24, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 13538, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent, etc.)
An incompetent under the adult guardianship or a quasi-incompetent under the limited guardianship under the amended provisions of subparagraph 1 of Article 6 of the Act shall be construed to include those for whom the sentence on incompetence or quasi-incompetence remains valid, as prescribed by Article 2 of Addenda to the partial amendment to the Civil Act (Act No. 10429). Article 3 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of Article 37 (1) 2 of the Act, the former provisions shall be applied to the imposition of administrative fines on the violations committed before this Act enters into force.
ADDENDA <Act No. 14064, Mar. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Cases of Application regarding Grounds for Disqualification)
The amended Article 6 shall begin to apply from the first person for whom a sentence is finalized after this Act enters into force. Article 3 (Transitional Measures regarding Administrative Measures)
Former provisions apply to any administrative measure imposed on a violation committed before this Act enters into force.