ACT ON PREVENTION OF CHILD POVERTY AND SUPPORT OF CHILDREN
Act No. 10850, Jul. 14, 2011
Amended by Act No. 11002, Aug. 4, 2011
Act No. 11690, Mar. 23, 2013
Act No. 12844, Nov. 19, 2014
Act No. 14327, Dec. 2, 2016
Act No. 14839, Jul. 26, 2017
The purpose of this Act is to prepare an institutional basis on which impoverished children can grow into healthy members of society without being alienated or discriminated in the aspects of welfare, education, culture, etc.
| Article 2 (Basic Principle) |
The basic principle of this Act is to enable impoverished children to grow in balance and harmony and enjoy a healthy and happy life from the time they are born until they become capable of supporting themselves, irrespective of parents' social or economic status.
The terms used in this Act shall be defined as follows: <Amended by Act No. 11002, Aug. 4, 2011>
| 2. | The term "child poverty" means a state of poverty in which a child is disadvantaged socially, economically, and culturally due to inadequate daily living conditions and lack of resources; |
| 3. | The term "impoverished child" means a child who needs support to overcome gaps in welfare, education, culture, etc. due to inadequate living conditions and lack of resources, and detailed criteria for such children shall be prescribed by Ordinance of the Ministry for Health and Welfare. |
| Article 4 (Responsibilities of State and Local Governments) |
| (1) | The State and local governments shall endeavor to prepare legal and institutional devices necessary for policies on impoverished children, such as welfare, educational, cultural, etc., assistance and secure financial resources required for carrying out such affairs in a stable manner. |
| (2) | In order to promote the safety, health, and welfare of impoverished children, the State and local governments shall establish and execute policies to support impoverished children and their guardians and families. |
| (3) | The State and local governments shall formulate measures necessary to protect impoverished children from discrimination on any ground. |
| Article 5 (Relationship to other Acts) |
An Act enacted or amended with regard to prevention of child poverty, child support, etc. shall fully accord to the purpose and basic principle of this Act.
| Article 5-2 (Survey into Actual Conditions) |
| (1) | The Minister of Health and Welfare shall conduct a survey into the actual conditions of basic needs of impoverished children including welfare, education and culture every five years and make public the results thereof. |
| (2) | The Minister of Health and Welfare may request the Mayor of Special Metropolitan City, Mayor of Metropolitan City, Mayor of Special Self-Governing City, Do Governor, or Governor of Special Self-Governing Do (hereinafter referred to as the “Mayor/Do Governor”), or the head of the relevant agency, corporation, organization, or institution to provide materials necessary to find current state and conduct a survey into actual conditions. In such case, a person requested to provide materials shall cooperate with such request unless there is extenuating circumstances not to do so. |
| (3) | The survey into the actual conditions under paragraph (1) may be conducted concurrently with a comprehensive survey on actual conditions of children under Article 11 of the Child Welfare Act. |
| (4) | Details of and methods for the survey into the actual conditions under paragraph (1) including others shall be prescribed by the Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 14327, Dec. 2, 2016]
| Article 6 (Formulation of Master Plan) |
| (1) | The Minister for Health and Welfare shall survey the actual condition under Article 5-2 and shall formulate a master plan for assisting impoverished children in welfare, education, culture, etc., including the following matters (hereinafter referred to as "master plan") every five years. In such case, the master plan shall be referred to the Committee on Prevention of Child Poverty established under Article 8 for deliberation: <Amended by Act No. 14327, Dec. 2, 2016> |
| 1. | Basic direction of policies on assistance to impoverished children in welfare, education, culture, etc.; |
| 2. | Establishment of a distribution system relating to assistance to impoverished children and the improvement of systems therefor; |
| 3. | Matters regarding major measures and cooperation by each ministry and agency in connection with assistance to impoverished children; |
| 4. | Other matters specified by Presidential Decree for assistance to impoverished children. |
| (2) | Matters regarding the formulation and implementation of a master plan and other necessary matters shall be prescribed by Presidential Decree. |
| Article 7 (Formulation and Execution of Annual Implementation Plans) |
The Minister for Health and Welfare, the head of each related central administrative agency, Mayor/Do Governor, and each Superintendent of a City/Do Office of Education shall formulate and execute an annual implementation plan, respectively, in accordance with the relevant master plan. <Amended by Act No. 14327, Dec. 2, 2016>
| Article 8 (Establishment of Committee on Prevention of Child Poverty) |
| (1) | The Committee on Prevention of Child Poverty (hereinafter referred to as the "Committee") shall be established as a subcommittee of the Child Policy Coordinating Committee under Article 10 (1) of the Child Welfare Act for the establishment of comprehensive policies on impoverished children and the liaison, coordination, and mutual cooperation between related agencies. <Amended by Act No. 11002, Aug. 4, 2011> |
| (2) | The Committee shall deliberate on and coordinate the following: |
| 1. | Basic direction-setting for policies on impoverished children; |
| 2. | Improvement of systems relating to policies on impoverished children and subsidization from government budget; |
| 3. | Policies on impoverished children, which shall be implemented with cooperation from ministries and agencies; |
| 4. | Performance, evaluation, and moderation of international treaties relating to impoverished children; |
| 5. | Other matters the chairperson deems necessary. |
| (3) | The formation and organization of the Committee and other matters necessary for the operation of the Committee shall be prescribed by Presidential Decree. |
| Article 9 (Composition, etc. of Committee) |
| (1) | The Committee shall be comprised of not more than 15 members, including one Chairperson, and the Minister for Health and Welfare shall serve as the Chairperson. |
| (2) | Committee members shall be the following persons: <Amended by Act No. 11002, Aug. 4, 2011; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | The Minister of Strategy and Finance, the Minister of Education, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, and the Minister of Gender Equality and Family; |
| 2. | Ministers appointed by the Prime Minister with regard to matters subject to deliberation by the Committee; |
| (3) | The term of office of each committee member shall be two years: Provided, That the term of office of a member who is a public official shall coincide with his/her term of office as public official. |
| Article 10 (Local Committees on Prevention of Child Poverty) |
| (1) | A local committee on prevention of child poverty (hereinafter referred to as "local committee") shall be established in the Special Metropolitan City and each Metropolitan City, Do, Special Self-Governing Province (hereinafter referred to as "City/Do") and each Si/Gun/Gu (Gu means an autonomous Gu; the same shall apply hereinafter) in order to deliberate on important matters regarding prevention of child poverty and assistance to impoverished children: Provided, That if a committee suitable for performing functions of a local committee exists in a City/Do or a Si/Gun/Gu, such committee may carry out business affairs of the local committee, as prescribed by Municipal Ordinance of the relevant City/Do or Si/Gun/Gu. |
| (2) | Members of a local committee under paragraph (1) shall be commissioned by the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu (the head of Gu means the head of an autonomous Gu) from among those who fall under any of the following subparagraphs: |
| 1. | Persons who have abundant knowledge and experience in the welfare of, and assistance to, impoverished children; |
| 2. | Persons recommended by the operator of a facility supporting impoverished children, a school parents' organization, a children's or youth's organization, or a nonprofit non-governmental organization. |
| (3) | Other matters necessary for the formation and operation of a local committee shall be prescribed by Municipal Ordinance of each local government. |
| Article 11 (Request to Related Agencies, etc. for Cooperation) |
If the Committee or a local committee deems it necessary, it may hear opinions from relevant experts or may request a related administrative agency or other institution to dispatch an employee to make an appearance and provide explanations before the Committee or local committee or to submit data.
ADDENDUM
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 11002, Aug, 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 6 of the Addenda, amended provisions of the Acts which are promulgated before this Act enters into force, but of which the enforcement dates have yet to arrive shall take effect on the respective enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 14327, Dec. 2, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among the Acts amended under Article 5 of the Addenda, the amended provisions of the Acts which are promulgated before this Act enters into force, but of which the enforcement dates have yet to arrive shall take effect on the respective enforcement date of the relevant Act.
Articles 2 through 6 Omitted.