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ENFORCEMENT DECREE OF THE ACT ON THE USE OF SOCIAL SERVICES AND THE MANAGEMENT OF VOUCHERS

Presidential Decree No. 23581, Feb. 1, 2012

Amended by Presidential Decree No. 26087, Feb. 3, 2015

Presidential Decree No. 26922, Jan. 22, 2016

Presidential Decree No. 27568, Nov. 1, 2016

Presidential Decree No. 28205, Jul. 24, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Use of Social Services and the Management of Vouchers, and matters necessary for the enforcement thereof.
 Article 2 (Social Services Plans)
(1) Social services plans prescribed in Article 5 (1) of the Act on the Use of Social Services and the Management of Vouchers (hereinafter referred to as “Act”) shall include the following matters:
1. Direction-setting for promoting social service programs;
2. Detailed implementation plans for each program, containing the following matters:
(a) Type and content of the programs;
(b) Criteria for issuing social services vouchers;
(c) Criteria for bearing expenses by beneficiaries of social services (hereinafter referred to as “beneficiary");
3. Detailed budgets for each program;
4. Methods of and procedures for providing social services;
5. Other matters necessary for promoting social service programs.
(2) By no later than December 31st of each year, the Minister of Health and Welfare shall establish and publish a social service plan for the subsequent year.
 Article 3 (Depository Institution for the Cost of Providing Social Services)
“Appropriate specialized institution or organization specified by Presidential Decree” in Article 20 (1) of the Act means the Social Security Information Institute prescribed in Article 29 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries (hereinafter referred to as the "Social Security Information Institute). <Amended by Presidential Decree No. 27568, Nov. 1, 2016>
 Article 4 (Recovery of Unjust Gains)
(1) Where the head of a Si (including the head of an administrative Si under Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; the same shall apply hereinafter), Gun or Gu (referring to the head of an autonomous Gu; the same shall apply hereinafter) intends to recover, from social service providers (hereinafter referred to as “provider”) or beneficiaries, the amount of money equivalent to the expenses incurred in providing social services in accordance with Article 21 of the Act, he/she shall, in writing, inform the providers or beneficiaries of matters such as the fact that a ground for recovery has arisen, amount to be recovered, deadline for payment, collecting agency and method of filing an objection. <Amended by Presidential Decree No. 26922, Jan. 22, 2016>
(2) The deadline for payment under paragraph (1) shall be at least thirty days from the date of a notice.
 Article 5 (Standard for Imposition of Penalty Surcharges)
The amount of penalty surcharges prescribed in Article 25 (1) of the Act shall be as shown in Attached Table 1.
 Article 6 (Imposition and Payment of Penalty Surcharges)
(1) Where the head of a Si/Gun/Gu intends to impose a penalty surcharge in accordance with Article 25 of the Act, he/she shall give a written notice of payment of a penalty surcharge, specifying the type of violation and the amount of the penalty surcharge.
(2) Any person who receives a notice pursuant to paragraph (1) shall pay, by no later than twenty days of receipt of the notice, the penalty surcharge to a collecting agency designated by the head of a Si/Gun/Gu: Provided, That where he/she is unable to pay the penalty surcharge due to an event of force majeure or on any other inevitable grounds, he/she shall pay it within seven days from the date such grounds cease to exist.
(3) The collecting agency that receives the penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer, and notify it to the head of a Si/Gun/Gu without delay.
(4) Penalty surcharges shall not be paid in installments.
(5) Detailed matters concerning the procedures for collecting penalty surcharges shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 7 (Entrustment of Affairs)
(1) the Minister of Health and Welfare shall, pursuant to Articles 27 (2), 28 (2), 29 (3) and 30 (2) of the Act, entrust the affairs prescribed in the following subparagraphs to the Social Security Information Institute: <Amended by Presidential Decree No. 27568, Nov. 1, 2016>
1. Affairs concerning standardization of social services vouchers as prescribed in Article 27 (1) of the Act;
2. Affairs concerning establishment and operation of the system for management of electronic social services vouchers as prescribed in Article 28 (1) of the Act;
3. Affairs concerning disclosure of information on the providers as prescribed in Article 29 (1) of the Act;
4. Affairs concerning quality management of social services as prescribed in Article 30 (1) of the Act.
(2) The head of a Si/Gun/Gu shall entrust the affairs prescribed in Article 34 (2) 1 and 2 of the Act to the Social Security Information Institute. <Amended by Presidential Decree No. 27568, Nov. 1, 2016>
 Article 8 (Report and Inspection, etc.)
(1) Where the Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu requires a relevant public official to conduct an inspection or ask any question pursuant to Article 32 (1) of the Act, he/she shall, in advance, inform the relevant provider or relevant persons of matters such as the date and time, subject matter and purpose of the inspection or question, and personal information of the public officials. <Amended by Presidential Decree No. 27568, Nov. 1, 2016>
(2) Where the Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu orders a provider to submit a report or data pursuant to Article 32 (1) of the Act, he/she shall inform the provider of the deadline, method, details, etc. of submission of the report or data.
(3) The notice prescribed in paragraphs (1) and (2) shall be given in writing (including by electronic documents): Provided, That this shall not apply in cases of urgency.
 Article 8-2 (Management of Sensitive or Personally Identifiable Information)
(1) The Minister of Health and Welfare (including the person who is entrusted with relevant affairs pursuant to Article 7 (1)) may, where it is inevitable to perform the affairs concerning establishment and operation of the system for the management of electronic social services vouchers under Article 28 of the Act, manage the data containing the resident or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(2) The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may, where it is inevitable to perform the affairs concerning the report and inspection under Article 32 of the Act, manage the data containing the resident or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(3) The head of a Si/Gun/Gu (including the person who is entrusted with relevant affairs pursuant to Article 7 (2)) may, where it is inevitable to perform any of the following affairs, manage the data containing the resident or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs concerning application for issuance of a social services voucher under Article 9 of the Act;
2. Affairs concerning inspection under Article 10 of the Act;
3. Affairs concerning issuance of a social services voucher pursuant to Article 11 of the Act;
4. Affairs concerning registration of providers under Article 16 of the Act;
5. Affairs concerning recovery of unjust gains under Article 21 of the Act;
6. Affairs concerning imposition or collection of penalty surcharges under Article 25 of the Act.
(4) The head of a Si/Gun/Gu may, where it is inevitable to perform any of the following affairs, manage data that constitute a criminal history record prescribed in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or the resident or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the same Decree:
1. Affairs concerning verification of provider’s disqualification grounds under Article 17 of the Act;
2. Affairs concerning succession to status of providers under Article 22 of the Act;
3. Affairs concerning cancellation of provider’s registration or suspension of his/her business under Article 23 of the Act;
4. Affairs concerning transfer of effects of administrative sanctions pursuant to Article 26 of the Act.
[This Article Newly Inserted by Decree No. 26087, Feb. 3, 2015]
 Article 9 (Standards for Imposition of Administrative Fine)
The standard for imposing administrative fines under Article 40 of the Act shall be as shown in Attached Table 2.
ADDENDUM
This Decree shall enter into force on Feb 5, 2012.
ADDENDUM <Presidential Decree No. 26087, Feb. 3, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27568, Nov. 1, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Surcharges)
Notwithstanding the amended provisions of subparagraph 2 of attached Table 1, the imposition of penalty surcharges against offenses committed before this Decree enters into force shall be governed by the former provisions.
ADDENDUM <Presidential Decree No. 28205, Jul. 24, 2017>
This Decree shall enter into force on August 9, 2017.