YOUTH WELFARE SUPPORT ACT
Wholly Amended by Act No. 11290, Feb. 1, 2012
Amended by Act No. 12329, Jan. 21, 2014
Act No. 12700, May 28, 2014
Act No. 13181, Feb. 3, 2015
Act No. 14237, May 29, 2016
Act No. 14447, Dec. 20, 2016
Act No. 15210, Dec. 12, 2017
Act No. 15988, Dec. 18, 2018
CHAPTER I GENERAL PROVISIONS
The terms used in this Act shall be defined as follows:
| 3. | The term "guardian" means a person having parental authority, a legal representative, or a person who actually nurtures a youth; |
| 4. | The term "youth in crisis" means a youth who is not provided with conditions necessary for balanced and healthy growth and lead a normal life due to the grounds, such as family, academic performance, or social adaptation problems. |
| Article 2-2 (Fact-Finding Surveys) |
| (1) | For the formulation of policies for improving youth welfare, the Minister of Gender Equality and Family shall conduct a fact-finding survey on the consciousness, attitude, life, etc. of the youth and publish the results thereof every three years. |
| (2) | The Minister of Gender Equality and Family may, if necessary for conducting fact-finding surveys prescribed in paragraph (1), request the heads of the relevant central administrative agencies, the heads of local governments or the heads of public institutions prescribed by the Act on the Management of Public Institutions, and the heads of other relevant corporations and organizations to present necessary materials or make a statement of opinions. In such cases, any person who receives a request shall render cooperation therefor, except in extenuating circumstances. |
| (3) | Matters necessary for the objects, methods, procedures, publication of results, etc. of fact-finding surveys prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[Newly Inserted by Act No. 15988, Dec. 18, 2018]
CHAPTER II PREFERENTIAL TREATMENT, ETC. OF YOUTH
| Article 3 (Preferential Treatment of Youth) |
| (1) | The State or a local government may grant youth exemption from or a discount on charges for the use of transportation, cultural and leisure facilities that it operates. |
| (2) | Where any of the following persons operates a facility used by youth, the State or a local government may advise him/her to offer youth a discount on charges for the use of the relevant facility: |
| 1. | A person subsidized by the State or the local government; |
| 2. | A person who receives tax benefits pursuant to applicable statutes; |
| 3. | A person who perform the duties entrusted by the State or the local government. |
| (3) | Any youth who seeks for exemption from or discount on charges pursuant to paragraph (1) or (2) shall produce a certificate or document to verify his/her age, such as the resident registration certificate, student card, or youth card prescribed in Article 4 to a manager of the facility he/she intends to use. |
| (4) | Kinds of facilities and the age base of youth, etc., for which a discount of or exemption from use charges may apply pursuant to paragraph (1) or (2), shall be prescribed by Presidential Decree. |
| (1) | A Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may issue a youth card to a youth who is not younger than nine, but not older than 18 years of age. <Amended by Act No. 15988, Dec. 18, 2018> |
| (2) | No youth card prescribed in paragraph (1) shall be transferred or lent to a third party. |
| (3) | No one shall manufacture and/or use, except for a youth card prescribed in paragraph (1), any certificate with the same name or indication as a youth card prescribed in paragraph (1). |
| (4) | Matters necessary for issuing youth cards prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Gender Equality and Family. |
CHAPTER III GUARANTEE OF YOUTH HEALTH
| Article 5 (Support for Healthy Growth) |
| (1) | The State and local governments shall formulate policies on disease prevention and health education, etc. necessary to improve the health and physical fitness of youth, in consideration of gender characteristics, and guardians shall endeavor to improve the health and physical fitness of youth they nurture. <Amended by Act No. 14447, Dec. 20, 2016> |
| (2) | The State and local governments may establish and disseminate the health and physical fitness standards for youth, which reflect gender characteristics, through consultations with relevant agencies. <Amended by Act No. 14447, Dec. 20, 2016> |
| (3) | The State and local governments may provide support for female youth with goods necessary for health and hygiene to ensure their healthy growth. <Newly Inserted by Act No. 15210, Dec. 12, 2017> |
| (4) | Matters necessary for the formulation of policies under paragraph (1), the establishment and dissemination of the health and physical fitness standards for youth under paragraph (2), and the standards for and scope of goods support under paragraph (3) shall be prescribed by Presidential Decree. <Amended by Act No. 15210, Dec. 12, 2017> |
| Article 6 (Physical Fitness Tests and Health Examinations) |
| (1) | The State and local governments may conduct physical fitness tests and health examinations for youth. |
| (2) | The State and local governments shall notify the relevant youth of the results of physical fitness tests and health examinations under paragraph (1). |
| (3) | The State and local governments may entrust a specialized institution or organization with conducting physical fitness tests and health examinations and notification of the results thereof under paragraphs (1) and (2). |
| (4) | Matters necessary for conducting physical fitness tests and health examinations and notifying the results thereof pursuant to paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Gender Equality and Family. |
| Article 7 (Analysis, etc. of Results of Health Examinations) |
| (1) | The State and local governments shall analyze the results of health examinations conducted under Article 6 and formulate and implement policies necessary for improving youth health. |
| (2) | The State and local governments may entrust analysis under paragraph (1) to a specialized institution. |
| Article 8 (Prohibition from Disclosure of Results of Health Examinations) |
Any person who has worked or works at a State agency, local government, specialized institution or organization that has conducted health examinations pursuant to Article 6 shall not disclose the results of health examinations unless inevitable to formulate or implement policies referred to in Article 7 (1).
CHAPTER IV COMMUNITY-BASED INTEGRATED YOUTH SUPPORT SYSTEM, ETC.
| Article 9 (Establishment and Operation of Community-Based Integrated Youth Support System) |
| (1) | The head of each local government shall establish and operate a community-based integrated youth support system (hereinafter referred to as "integrated support system") in order for the local government, public institutions, and youth organizations, etc. referred to in subparagraph 8 of Article 3 of the Framework Act on Youth to early detect and protect youth in crisis within his/her jurisdiction, and to efficiently carry out youth welfare and protection set forth in subparagraph 5 of Article 3 of the Framework Act on Youth through cooperation among them. |
| (2) | The State shall support the establishment and operation of an integrated support system. |
| (3) | Matters necessary for the composition, etc. of an integrated support system, including institutions, on organizations that shall be included therein, shall be prescribed by Presidential Decree. |
| Article 10 (Steering Committee) |
| (1) | Where deemed necessary for the smooth operation of an integrated support system, the head of each local government may establish a steering committee for the community-based youth integrated support system (hereinafter referred to as "steering committee") that deliberates on matters concerning youth support prescribed by Presidential Decree, including the selection of youth entitled to special support. |
| (2) | A steering committee shall be comprised of the heads or employees of institutions or organizations that consist of an integrated support system, and other persons who have abundant knowledge of and experience in youth welfare. |
| (3) | Except as otherwise provided for in paragraphs (1) and (2), the operation of the steering committee, including the composition and appointment of members of the steering committee and meeting procedures shall be determined by rules of the relevant local government. |
| Article 11 (Support for Community Voluntary Activities) |
Where local residents voluntarily form an organization to detect, protect and support youth in crisis, the State and local governments may provide support for the activities of such organization.
| Article 12 (Counseling and Installation, etc. of Telephones) |
| (1) | The State and local governments shall ensure all youth receive professional counseling, if necessary. |
| (2) | The State and local governments shall install and operate a hotline or operate an information communications network for counseling prescribed in paragraph (1). |
| (3) | Matters necessary for installing and operating a hotline or operating an information communications network shall be prescribed by Presidential Decree. |
CHAPTER V SUPPORT FOR YOUTH IN CRISIS
| Article 13 (Counseling and Education) |
| (1) | The State and local governments may provide counseling and education for families and guardians of youth in crisis to provide efficient and appropriate support for youth. |
| (2) | If families and guardians of youth in crisis are advised by the State and local governments to receive counseling and education, they shall sincerely cooperate therewith and undergo such counseling and education. |
| (3) | Where families and guardians whose income is less than a specified amount determined by Ordinance of the Ministry of Gender Equality and Family receive counseling and education referred to in paragraph (1), the State and local governments may pay them actual expenses, including travel expenses, within budgetary limits. |
| Article 14 (Special Support for Youth in Crisis) |
| (1) | The State and local governments may provide youth in crisis with necessary social and economic support (hereinafter referred to as "special support"), as prescribed by Presidential Decree. |
| (2) | Special support shall be provided in the form of goods or services, including livelihood support, support for studies, medical support, vocational training support, youth activity support as prescribed by Presidential Decree: Provided, That if deemed essential for youth in crisis, such support may be provided in money. |
| (3) | Criteria for selection of youth entitled to special support, scope and period thereof, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 15 (Requests for Special Support and Selection thereof) |
| (1) | Any of the following persons may request the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu to select a youth in crisis as a youth entitled to special support. In such cases, a guardian referred to in subparagraph 1 and a person who falls under subparagraphs 2 through 5 shall obtain consent from the relevant youth: <Amended by Act No. 15988, Dec. 18, 2018> |
| 1. | The youth or his/her guardian; |
| 5. | Public officials of a local government, who are responsible for youth affairs. |
| (2) | Where a Special Self-Governing Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu receives a request pursuant to paragraph (1), he/she shall determine whether to make the relevant selection, and details and period of support by undergoing deliberation by the steering committee. <Amended by Act No. 15988, Dec. 18, 2018> |
| (3) | A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, if necessary for providing urgent support or there is no steering committee formed, determine the matters prescribed in paragraph (2) without undergoing deliberation by the steering committee. <Amended by Act No. 15988, Dec. 18, 2018> |
| Article 16 (Preventing Youth Runaways, and Protection of and Support for Runaway Youth) |
| (1) | The Minister of Gender Equality and Family or the head of a local government shall provide necessary support, including establishment, and operation of youth shelters prescribed in subparagraph 1 of Article 31, and follow-up support, etc. for youth discharged from youth shelters in order to prevent youth runaways, and help runaway youth return home and to society. |
| (2) | Guardians shall endeavor to prevent youth runaways and actively cooperate with the State, a local government, etc. in their efforts to help runaway youth return home and to society. |
| (3) | The Minister of Gender Equality and Family or the head of a local government may entrust the duties concerning preventing youth runways and protection of and support for runaway youth to a youth organization (hereinafter referred to as "youth organization") prescribed in subparagraph 8 of Article 3 of the Framework Act on Youth. |
| Article 17 Deleted. <by Act No. 12700, May 28, 2014> |
| Article 18 (Support for Youth with Immigrant Background) |
The State and local governments shall establish and implement necessary policies, including counseling and education, to help any of the following youth adapt to society and improve their academic capability:
| 2. | Other immigrant youth who experience difficulties in social adaptation and academic performance. |
CHAPTER VI PREVENTIVE AND REHABILITATIVE SUPPORT FOR PROTECTION
| Article 19 (Provision, etc. of Preventive and Rehabilitative Support for Protection) |
| (1) | In an effort to prevent youths from committing any misdeed and going astray, and help their return and adaptation to home, schools and social life, Special Self-Governing City Mayors, Special Self-Governing Province Governors and the heads of Sis/Guns/Gus may provide preventive and rehabilitative support for protection (hereinafter referred to as "protective support") to any of the following youths, when requested by the youth in question, the guardian of the relevant youth, or the principal of the school the youth attends. In such cases, where the guardian or the principal of the school of the relevant youth requests protective support, consent of the youth shall be obtained. <Amended by Act No. 15988, Dec. 18, 2018> |
| 1. | A youth who commits any misdeed or goes astray; |
| 2. | A youth who fails to adapt to daily lives and thus is in need of educational help from the outside of home or school. |
| (2) | Protective support shall be provided by methods prescribed by Presidential Decree to help the relevant youth with return and adaptation to normal home, school and social life, such as counselling, education, voluntary service, training, and athletic and group activities. <Amended by Act No. 15988, Dec. 18, 2018> |
| (3) | The period of protective support shall not exceed six months: Provided, That where a Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu deems that it is necessary to extend the period of protective support as a result of reviewing the results of protective support, he/she may extend the period only once by up to six months by obtaining the consent of the youth in question. <Amended by Act No. 15988, Dec. 18, 2018> |
| (4) | Matters necessary for the criteria and procedures for selecting youth entitled to protective support shall be determined by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 15988, Dec. 18, 2018> |
| Article 20 (Establishment, Operation, etc. of Facilities) |
The State and local governments shall endeavor to ensure the efficacy of protective support, including establishment and operation of facilities necessary for protective support, development and dissemination of protective support programs, support for protective support activities, and provision of training for leaders. <Amended by Act No. 15988, Dec. 18, 2018>
| Article 21 (Guardians for Protective Support) |
| (1) | The State and local governments (referring to youth organizations entrusted with protective support affairs, when protective support affairs are entrusted pursuant to Article 42 (2)) may designate guardians for protective support who provide guidance exclusively to an individual youth entitled to protective support. <Amended by Act No. 15988, Dec. 18, 2018> |
| (3) | Detailed matters, such as the duties of and criteria for designating guardians for protective support prescribed in paragraph (1), shall be determined by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 15988, Dec. 18, 2018> |
CHAPTER VII YOUTH WELFARE SUPPORT INSTITUTIONS
| Article 22 (Korea Youth Counseling and Welfare Development Institute) |
| (1) | A Korea Youth Counseling and Welfare Development Institute (hereinafter referred to as the "Youth Counseling Institute") shall be established to carry out the following projects: |
| 1. | Research on policies relating to youth counseling and welfare; |
| 2. | Development and operation of and support for youth counseling and welfare projects; |
| 3. | Development of counseling techniques for youth, and production and dissemination of counseling materials; |
| 4. | Fostering and training of youth counseling and welfare personnel; |
| 5. | Liaison with and support for institutions related to youth counseling and welfare; |
| 6. | Provision of guidance and support for youth welfare support institutions of local governments regarding youth counseling and welfare; |
| 7. | Provision of counseling and education for family members of youth; |
| 8. | Establishment and operation of a youth counseling and welfare information system; |
| 9. | Other incidental projects necessary for achieving the objectives of the Youth Counseling Institute. |
| (2) | The Youth Counseling Institute shall be a corporation. |
| (3) | The Youth Counseling Institute may have branches, as prescribed by its articles of incorporation. |
| (4) | The Youth Counseling Institute shall be duly formed when the registration for its incorporation is completed at the seat of its principal office. |
| Article 23 (Articles of Incorporation) |
| (1) | The articles of incorporation of the Youth Counseling Institute shall include the following: |
| 3. | Location of its principal office; |
| 4. | Matters concerning business; |
| 5. | Matters concerning executives and employees; |
| 6. | Matters concerning the board of directors; |
| 7. | Matters concerning property and accounting; |
| 8. | Matters concerning affairs and their execution; |
| 9. | Matters concerning modifications of the articles of incorporation. |
| (2) | Where the Youth Counseling Institute intends to modify its articles of incorporation, it shall obtain authorization from the Minister of Gender Equality and Family. |
| Article 24 (Submission, etc. of Business Plans) |
| (1) | The Youth Counseling Institute shall prepare its business plans and a budgetary document, as prescribed by Presidential Decree, and submit them to the Minister of Gender Equality and Family for approval by no later than the commencement of the relevant business year. |
| (2) | The Youth Counseling Institute shall prepare a settlement of accounts for the relevant fiscal year, without delay, at the end of the fiscal year, have it audited by a certified public accountant or accounting firm selected as prescribed by the Rules of the Board of Audit and Inspection, submit it to the Minister of Gender Equality and Family by no later than the last day of February of the following fiscal year, and finalize it after obtaining approval by no later than the last day of March. <Amended by Act No. 13181, Feb. 3, 2015> |
| Article 25 (Subsidies, Contributions, etc.) |
| (1) | The Government may fully or partially contribute or subsidize costs incurred in the business and operation of the Youth Counseling Institute within budgetary limits. <Amended by Act No. 12536, Mar. 24, 2014> |
| (2) | Any individual, corporation or organization may contribute or donate money or other property to support the operation, business, etc. of the Youth Counseling Institute. |
| Article 26 (Executive Officers) |
| (1) | The Youth Counseling Institute shall have up to fifteen directors, including one chief director, and one auditor. <Amended by Act No. 14447, Dec. 20, 2016> |
| (2) | The positions of director (excluding the position of chief director; hereafter the same shall apply in this Article) and auditor shall be non-standing. <Amended by Act No. 14447, Dec. 20, 2016> |
| (3) | Directors shall be appointed and dismissed by the Minister of Gender Equality and Family, and their term of office shall be two years. |
| (4) | The auditor shall be appointed and dismissed by the Minister of Strategy and Finance from among several persons recommended by the Executive Officers Recommendation Committee (hereinafter referred to as "Executive Officers Recommendation Committee") under Article 29 of the Act on the Management of Public Institutions, and his/her term of office shall be two years. |
| Article 27 (Chief Director) |
| (1) | The chief director of the Youth Counseling Institute shall be appointed and dismissed by the Minister of Gender Equality and Family from among persons recommended by the Executive Officers Recommendation Committee, and his/her term of office shall be three years. <Amended by Act No. 14447, Dec. 20, 2016> |
| (2) | The chief director shall represent the Youth Counseling Institute and exercise overall control over its affairs. <Amended by Act No. 14447, Dec. 20, 2016> |
| Article 28 (Application Mutatis Mutandis of the Civil Act) |
| Article 29 (Youth Counseling and Welfare Center) |
| (1) | A Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu may establish and operate a youth counseling and welfare center to perform duties, such as counseling, emergency relief, self-support and medical support for youth. <Amended by Act No. 15988, Dec. 18, 2018> |
| (2) | A youth counseling and welfare center established in Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces pursuant to paragraph (1) shall provide guidance and support for a youth counseling and welfare center established in a Si/Gun/Gu. <Amended by Act No. 15988, Dec. 18, 2018> |
| (3) | The head of a Si/Gun/Gu may operate the youth counseling and welfare center established in the Si/Gun/Gu pursuant to paragraph (1) on an integrated basis with a district youth work center established in the Si/Gun/Gu pursuant to Article 7 (1) of the Youth Activity Promotion Act. <Amended by Act No. 12329, Jan. 21, 2014> |
| (4) | A Mayor/Do Governor and the head of a Si/Gun/Gu may entrust the operation of a youth counseling and welfare center to a youth organization. |
| (5) | A Mayor/Do Governor and the head of a Si/Gun/Gu may establish a youth counseling and welfare center as a corporation. |
| (6) | Matters necessary for the specifics of the duties set forth in paragraph (1) and the standards for establishment and operation of, and qualifications for employees of a youth counseling and welfare center shall be prescribed by Presidential Decree. |
| Article 30 (Support Center for Youth with Immigrant Background) |
| (1) | The Minister of Gender Equality and Family may establish and operate a Support Center for Youth with Immigrant Background to support youth with Immigrant Background prescribed in Article 18. |
| (2) | Matters necessary for the establishment and operation of the Support Centers for Youth with Immigrant Background shall be prescribed by Presidential Decree. |
CHAPTER VIII YOUTH WELFARE FACILITIES
| Article 31 (Types of Youth Welfare Facilities) |
The types of youth welfare facilities prescribed in Article 17 of the Framework Act on Youth (hereinafter referred to as "youth welfare facilities") shall be as follows: <Amended by Act No. 14237, May 29, 2016> | 1. | Youth shelter: A facility that protects runaway youth for a certain period and provides them with counseling, shelter, academic support and self-support assistance to enable their return to home, school and society; |
| 2. | Youth self-support assistance center: A facility that helps youth unable to return home, to school, and society even after being provided with assistance from a youth shelter, have capabilities and qualifications to support themselves; |
| 3. | Youth treatment and rehabilitation center: A residential facility that provides youth who have academic, emotional behavioral disorders, with comprehensive support, such as treatment, education and rehabilitation services so that they can grow properly and live a normal life; |
| 4. | Youth Recovery Support Center: A facility in which persons who are able to provide protection for youth instead of their guardians offer counseling, residence, education, self-support, and other relevant services to youth who are under a protective detention order under Article 32 (1) 1 of the Juvenile Act. |
| Article 32 (Establishment of Youth Welfare Facilities) |
| (2) | Any person, other than the State or local governments, who intends to establish and operate a youth welfare facility shall file a report with the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu having jurisdiction over the place of the facility. <Amended by Act No. 15988, Dec. 18, 2018> |
| (3) | A Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall notify a person who files a report on acceptance or non-acceptance of the report within the period prescribed by Ordinance of the Ministry of Gender Equality and Family from the date when the report is filed pursuant to paragraph (2). <Inserted by Act No. 15988, dec. 18, 2018> |
| (4) | Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu fails to notify a person who files a report on acceptance or non-acceptance of the report or the extension of period of handling civil petitions prescribed by Acts and subordinate statutes pertaining to handling civil petitions, within the period prescribed in paragraph (3), he/she shall be deemed accepted the report on the date following the date when such period (where the period of handling civil petitions is extended or re-extended by Acts and subordinate statutes pertaining to handling civil petitions, referring to the relevant period of handling) ends. <Inserted by Act No. 15988, dec. 18, 2018> |
| (5) | Any person who has established and operates a youth welfare facility shall purchase insurance to pay compensation for any death or bodily injury inflicted on youth who use the youth welfare facility, as prescribed by Presidential Decree. <Amended by Act No. 15988, Dec. 18, 2018> |
| (6) | Matters necessary for the establishment and operation of a youth welfare facility prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree, and matters necessary for the methods and procedures of reporting under paragraph (2) shall be determined by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 15988, Dec. 18, 2018> |
| Article 32-2 (Continuous Use of Youth Shelters by Runaway Youth) |
A person who establishes and operates a youth shelter (excluding youth shelters providing runaway youth with temporarily protection for a period not exceeding seven days) may not discharge a runaway youth against his/her will, where the youth who has been admitted to the youth shelter concerned stays away from home due to domestic violence, sexual violence by his/her relatives, or any other reasons for which he/she finds it difficult to return home and which are prescribed by Presidential Decree: Provided, That the foregoing shall not apply where the runaway youth falls under either of the following cases:
| 1. | Where he/she has been admitted to the youth shelter by fraud or other improper means; |
| 2. | Where he/she commits any act significantly disturbing order in the youth shelter. |
[This Article Newly Inserted by Act No. 14447, Dec. 20, 2016]
| Article 33 (Reporting on Suspension, Closure of Business, etc.) |
A person, other than the State or a local government, who intends to suspend, close or reopen a youth welfare facility reported under Article 32 (2) shall report it to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over the place of the facility, as prescribed by Ordinance of the Ministry of Gender Equality and Family. In such cases, the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu who receives a report on the suspension of business or a report on the closure of business shall review the details thereof and accept the report if it complies with this Act. <Amended by Act No. 15988, Dec. 18, 2018>
| Article 34 (Employees of Youth Welfare Facilities) |
| (1) | A youth welfare facility shall have employees necessary for the implementation of its business and operation. |
| (2) | The Minister of Gender Equality and Family or the head of local governments shall provide education and training programs to foster employees of youth welfare facilities and their professional competency. |
| (3) | Matters necessary for qualifications of employees of youth welfare facilities, criteria for assignment, and education and training under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Gender Equality and Family. |
| Article 35 (Facility Improvement, Business Suspension, Closure, etc.) |
| (1) | Where a youth welfare facility reported by a person, other than the State or a local government, falls under any of the following subparagraphs, the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu may order improvement of the facility, suspension of business of the facility for less than one month, replacement of the head of the facility, or closure of the facility: <Amended by Act No. 15988, Dec. 18, 2018> |
| 1. | Where the facility fails to satisfy the criteria for its establishment; |
| 2. | Where permission for incorporation of a social welfare foundation or non-profit corporation, which has established and operated the relevant facility, is revoked; |
| 3. | Where the facility's unlawful conduct, such as illegal accounting and infringement on human rights of users, have been verified; |
| 4. | Where the facility conducts its business during the suspension period; |
| 5. | Where the facility violates this Act or any order issued under this Act. |
| (2) | The standards for disposition for each type of violation prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Gender Equality and Family. |
A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall hold a hearing, if he/she intends to issue an order for facility improvement, business suspension, replacement of the head of the facility, or closure of the facility prescribed in Article 35 (1). <Amended by Act No. 15988, Dec. 18, 2018>
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 37 (Prohibition of Disclosure of Confidential Information) |
No person who engages or has engaged in youth welfare affairs at the Youth Counseling Institute, a youth counseling and welfare center, and the Support Center for Youth with Immigrant Background (hereinafter referred to as "youth welfare support institutions") or youth welfare facilities shall disclose any confidential information he/she has obtained in the course of performing his/her duties.
| Article 38 (Prohibition of Use of Same Names) |
No person, other than youth welfare support institutions or youth welfare facilities, shall use such names as Korea Youth Counseling and Welfare Development Institute, Youth Counseling and Welfare Center, Support Center for Youth with Immigrant Background, or Youth Shelter, Youth Self-Support Assistance Center, or Youth Treatment and Rehabilitation Center.
| (1) | If deemed necessary, the State or a local government may order youth welfare support institutions or youth welfare facilities to report their affairs, accounting, and property or submit data in relation thereto, or may require its public officials to enter the relevant place to inspect ledgers or other documents or to make inquiries of the employees thereof. |
| (2) | A public official who enters a relevant place and conducts an inspection under paragraph (1) shall carry a certificate indicating his/her authority and produce it to relevant persons. |
| Article 40 (Budgetary Subsidies) |
The State and a local government may wholly or partially subsidize budgets necessary for the operation of youth welfare support institutions, youth welfare facilities, and related organizations within budgetary limits.
| Article 41 (Evaluation of Institutions, Facilities, etc.) |
| (1) | The Minister of Gender Equality and Family and a Mayor/Do Governor may periodically evaluate the performance of youth welfare support institutions and youth welfare facilities, or institutions or organizations entrusted with youth welfare affairs under this Act, as prescribed by Ordinance of the Ministry of Gender Equality and Family: Provided, That this shall not apply where performance or management evaluation thereon is conducted pursuant to other statutes. |
| (2) | The Minister of Gender Equality and Family may take measures, such as reflecting the outcomes of evaluation conducted under paragraph (1) in supervision of and support for youth welfare support institutions and youth welfare facilities. |
| Article 42 (Delegation and Entrustment of Authority, etc.) |
| (1) | Part of the authority of the Minister of Gender Equality and Family or a Mayor/Do Governor under this Act may be delegated to a Mayor/Do Governor or the head of a Si/Gun/Gu, respectively, as prescribed by Presidential Decree. |
| (2) | Part of the duties of the State or local governments under this Act may be entrusted to youth organizations, as prescribed by Presidential Decree. |
| Article 42-2 (Entrustment of Operation of Youth Welfare Support Institutions, etc.) |
| (1) | The operation of youth welfare support institutions or youth welfare facilities established by the State and a local government in accordance with this Act may be entrusted to youth organizations, if necessary. |
| (2) | Matters necessary for the criteria, methods, etc. for entrustment of operation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted by Act No. 11836, May 28, 2013]
CHAPTER X PENALTY PROVISIONS
| Article 43 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: |
| 1. | A person who discloses the results of health examinations, in violation of Article 8; |
| 2. | A person who divulges confidential information, in violation of Article 37. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won: |
| 1. | A person who establishes and operates youth welfare facilities without filing a report under Article 32 (2); |
| 2. | A person who conducts business or operates a youth welfare facility despite an order for business suspension or facility closure under Article 35 (1). |
| Article 44 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits a violation under Article 43 in connection with the business of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
| Article 45 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: |
| 1. | A person who uses the same name, in violation of Article 38; |
| 2. | A person who fails to file a report or submit data, or refuses, interferes with or evades an inspection prescribed in Article 39 (1). |
| (2) | Any person who fails to report suspension, closure or resumption of business, in violation of Article 33, shall be subject to an administrative fine not exceeding three million won. |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five hundred thousand won: |
| 1. | A person who transfers or lends, or acquires or borrows a youth card, in violation of Article 4 (2); |
| 2. | A person who manufactures or uses a certificate with the same name or indication as a youth card, in violation of Article 4 (3). |
| (4) | Special Self-Governing City Mayors, Special Self-Governing Province Governors, or the heads of Sis/Guns/Gus shall impose and collect administrative fines referred to in paragraphs (1) through (3), as prescribed by Presidential Decree. <Amended by Act No. 15988, Dec. 18, 2018> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Selection of Youth Entitled to Special Support)
Any youth selected as a youth entitled to special support in accordance with the previous provisions as at the time this Act enters into force shall be deemed selected as a youth entitled to special support.
Article 3 (Transitional Measures concerning Korea Youth Counseling Institute)
The Korea Youth Counseling Institute established and operated pursuant to Article 42 of the previous Framework Act on Youth as at the time this Act enters into force shall be deemed the Korea Youth Counseling and Welfare Development Institute established and operated under this Act. Article 4 (Transitional Measures concerning Institutions for Youth Counseling, Emergency Rescue, etc. of Cities/Dos)
Any institution established and operated for youth counseling, emergency rescue, etc. in a City/Do pursuant to Article 46 of the previous Framework Act on Youth or any institution established and operated for youth support, etc. in a Si/Gun/Gu pursuant to Article 46-2 of the same Act as at the time this Act enters into force shall be deemed a youth counseling and welfare center established under Article 29 of this Act. Article 5 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions to and imposition of administrative fines on any acts committed before this Act enters into force shall be governed by the previous provisions.
Article 6 Omitted.
Article 7 (Relationship with other Statutes)
Where other statutes cite provisions of the previous Youth Welfare Support Act as at the time this Act enters into force, the corresponding provisions of this Act shall be deemed cited in lieu of the previous provisions, if such corresponding provision exist in this Act.
ADDENDA <Act No. 11836, May 28, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 (Applicability to Criteria, etc. for Entrustment)
The criteria and methods for entrustment under the amended provisions of Article 42 (2) shall apply from the first entrusted youth welfare support institution or youth welfare facility after this Act enters into force.
ADDENDA <Act No. 12329, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 12536, Mar. 24, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12700, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 13181, Feb. 3, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14237, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14447, Dec. 20, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 26 and 27 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning President of Korea Youth Counseling and Welfare Development Institute)
The President of the Korea Youth Counseling and Welfare Development Institute as at the time the amended provisions of Articles 26 and 27 enter into force, shall be deemed the chief director under the same amended provisions.
ADDENDUM <Act No. 15210, Dec. 12, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15988, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 2-2 and the latter part of Article 33 shall enter into force on the date of its promulgation. Article 2 (Applicability to Reports on Establishment and Operation of Youth Welfare Facilities)
The amended provisions of Article 32 (3) and (4) shall apply, beginning with cases where a report on the establishment and operation of youth welfare facilities is filed after this Act enters into force.