Law Viewer

Back Home

ACT ON THE IMPROVEMENT OF TREATMENT AND STATUS OF SOCIAL WORKERS

Act No. 10511, Mar. 30, 2011

Amended by Act No. 11442, May 23, 2012

Act No. 15886, Dec. 11, 2018

 Article 1 (Purpose)
The purpose of this Act is to contribute to promoting social welfare by improving the status of social welfare workers by improving the treatment of social workers, etc. and strengthening the guarantee of status thereof.
 Article 2 (Definitions)
The term “social welfare worker, etc.” means a person engaged in social welfare programs at any of the following corporations, etc. (hereinafter referred to as “social welfare corporation, etc.”):
1. A social welfare corporation established to implement social welfare programs pursuant to Article 16 of the Social Welfare Services Act;
2. A social welfare facility established to implement social welfare programs pursuant to Article 2 of the Social Welfare Services Act;
3. Other social welfare organizations or institutions prescribed by Presidential Decree.
 Article 3 (Improvement of Treatment, and Guarantee of Status, of Social Welfare Workers, etc.)
(1) The State and local governments shall actively endeavor to improve the treatment of social welfare workers, etc., and promote their welfare as well as to improve their status.
(2) The State and local governments shall endeavor to raise the remunerations of social welfare workers, etc. to reach the level of those of public officials exclusively in charge of social welfare.
(3) The State shall establish standards for appropriate personnel costs for social welfare workers, etc., and local governments shall endeavor to meet the standards. <Newly Inserted by Act No. 15886, Dec. 11, 2018>
(4) Every three years, the Minister of Health and Welfare and the head of a local government shall investigate and publish the level and actual status of remuneration of social welfare workers, etc, and the rate of each local government’s compliance with the standards under paragraph (3). <Amended by Act No. 15886, Dec. 11, 2018>
(5) No social welfare workers, etc. shall incur any disadvantage to his/her position or any discrimination in his/her working conditions, such as an disciplinary action, due to his/her reporting to the relevant administrative agency or an investigative authority on the illegal and unjust acts or other irregularities related to the operation of a social welfare corporation, etc. <Amended by Act No. 15886, Dec. 11, 2018>
 Article 4 (The Korea Social Welfare Credit Union)
(1) Social welfare workers, etc. may establish the Korea Social Welfare Credit Union (hereinafter referred to as the “Credit Union”) with the authorization of the Minister of Health and Welfare to pursue the stabilization of their livelihood and the promotion of their welfare. <Amended by Act No. 11442, May 23, 2012>
(2) The Credit Union shall be a corporation; and its principal office shall be situated in Seoul.
(3) Matters to be entered in the articles of incorporation of the Credit Union shall be prescribed by Presidential Decree; and any amendment to the articles of incorporation shall be subject to the authorization of the Minister of Health and Welfare following a resolution of the board of representatives.
(4) Deleted. <by Act No. 11442, May 23, 2012>
 Article 4-2 (Prohibition of Use of Similar Name)
No person other than the Credit Union under this Act shall use the name “Korea Social Welfare Credit Union” or similar.
[This Article Newly Inserted by Act No. 11442, May 23, 2012]
 Article 4-3 (Qualification for Members)
(1) The members of the Credit Union shall be any of the following persons, who are engaged in social welfare programs:
1. A social welfare worker under Article 11 of the Social Welfare Services Act;
2. A person working at a corporation, facility, etc. under Article 2;
3. A person determined by Presidential Decree engaged in the affaires related to social welfare at a corporation, etc. established pursuant to the Civil Act or other statutes;
4. Other persons determined by the articles of incorporation of the Credit Union.
(2) A person who intends to be a member shall become a member of the Credit Union on the date he/she pays the first membership fee after submitting an application for admission.
[This Article Newly Inserted by Act No. 11442, May 23, 2012]
 Article 5 (Organization, etc.)
(1) The Credit Union shall have the board of representatives and the board of directors as decision-making organs, the chief director and directors as an executive organ, and auditors as an auditory organ.
(2) Matters necessary for the appointment of representatives of the Credit Union; the composition and powers of the board of representatives; the composition and powers of the board of directors; the fixed number of executive officers; election and terms of office of executive officers; duties of executive officers; and appointment and dismissal of employees shall be prescribed by Presidential Decree.
 Article 6 (Business)
(1) The Credit Union shall conduct the following businesses to achieve its objectives:
1. Payment of mutual-aid benefits to members;
2. Mutual-aid business regarding the safety, fire, etc. of social welfare facilities;
3. Fund-raising business;
4. Business for welfare of members;
5. Businesses determined by the articles of incorporation, which are incidental to those referred to in subparagraphs 1 through 4.
(2) The Credit Union may conduct profit-making business within the extent necessary for achieving its objectives.
(3) The Insurance Business Act shall not apply to the business of the Credit Union under this Act.
 Article 7 (Financial Resources)
The fund necessary for mutual aid business shall be created from any of the following financial resources: Provided, That the Minister of Health and Welfare may partially subsidize expenses to be incurred in establishing and operating the principal office of the Credit Union: <Amended by Act No. 11442, May 23, 2012>
1. Membership fees of members;
2. Contributions of persons other than the Government or local governments;
3. Revenue accrued from operating mutual-aid business;
4. Other incomes.
 Article 8 (Budget and Settlement of Accounts, Accumulation of Reserves. etc.)
(1) The Credit Union shall compile a budget for the total revenue and total expenditure of the next fiscal year; and shall obtain approval from the Minister of Health and Welfare following a resolution by the board of representatives one month before the next fiscal year commences.
(2) The Credit Union shall prepare a statement of accounts, a list of property, a balance sheet and a statement of profits and losses; and submit them to the Minister of Health and Welfare after obtaining approval from the board of representatives within three months after each fiscal year.
(3) Matters concerning reserves as well as net profit in settlement of accounts to be appropriated for the payment by the Credit Union of the future benefits shall be prescribed by Presidential Decree.
 Article 9 (Administrative Measures, etc.)
(1) When the Credit Union is operated as follows, the Minister of Health and Welfare may order the Credit Union to rectify its operation and its business practices or take other necessary measures within a specified period:
1. Where it violates any statutes or regulations, or its articles of incorporation or other regulations, with respect to accounting or performing business;
2. Where it is operated significantly unjustifiably;
3. Where it wholly or partially suspends mutual-aid business without any justifiable ground.
(2) Except as provided in this Act, the provisions of the Civil Act on incorporated associations shall apply mutatis mutandis to the Credit Union.
 Article 10 (Administrative Fines)
(1) A person who violates Article 4-2 shall be subject to an administrative fine not exceeding three million won.
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11442, May 23, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2012.
Article 2 (Preparation for Incorporation of Credit Union)
(1) The Minister of Health and Welfare shall commission not more than nine incorporators within three months from the date this Act enters into force to handle affairs concerning establishing the Credit Union.
(2) The incorporators shall prepare the articles of incorporation of the Credit Union within six months from the date they are entrusted with the affairs concerning incorporation; and shall file for registration for incorporation of the Credit Union under their joint signatures after obtaining authorizing the Minister of Health and Welfare.
(3) Notwithstanding the provisions of Article 5, the first executive officers of the Credit Union to be appointed after this Act enters into force shall be appointed by the Minister of Science and Technology, from among the incorporators.
(4) When the chief director of the Credit Union is appointed pursuant to paragraph (3), the incorporators shall transfer administrative affairs to the chief director without delay.
(5) The incorporators shall be deemed dismissed upon completing transfer of administrative affairs referred to in paragraph (4).
ADDENDA <Act No. 11442, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 15886, Dec. 11, 2018>
This Act shall enter into force one year after the date of its promulgation.