ACT ON THE USE OF SOCIAL SERVICES AND THE MANAGEMENT OF VOUCHERS
Act No. 10998, Aug. 4, 2011
Amended by Act No. 11998, Aug. 6, 2013
Act No. 13426, Jul. 24, 2015
Act No. 13997, Feb. 3, 2016
Act No. 14326, Dec. 2, 2016
Act No. 14559, Feb. 8, 2017
Act No. 15187, Dec. 12, 2017
Act No. 15445, Mar. 13, 2018
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the enhancement of people's welfare by providing for matters necessary to the use of social services and the management of vouchers to promote the use of social services and ensure beneficiaries’ availability of options.
The terms used in this Article shall be defined as follows:
| 2. | The term "social services voucher" means a voucher on which the quantity of specific social services that a beneficiary of such services may be provided with upon presenting it to social service providers, or an amount equivalent to such services, is stated (including records by electronic or magnetic means; the same shall apply hereinafter), in whatsoever name or form it exists; |
| 3. | The term "beneficiary of social services" (hereinafter referred to as "beneficiary") means a person authorized to use social services provided by social service providers by using social services vouchers; |
| 4. | The term "social service provider" (hereinafter referred to as "provider") means a person or institution registered pursuant to Article 16 and providing beneficiaries with social services in accordance with vouchers presented by beneficiaries. |
| Article 3 (Scope of Application, etc.) |
Except as otherwise provided for specifically in other Acts, this Act shall apply where social services are provided in connection with social services vouchers.
| Article 4 (Responsibilities of Central Government, etc.) |
| (1) | In order to promote use of social services and ensure beneficiaries’ availability of options, the central and local governments shall create the environment in which the use of social services vouchers is encouraged and shall procure financial resources necessary therefor. |
| (2) | Each local government shall develop and implement social services fit for its local conditions and the central government shall assist it in matters necessary therefor. |
| (3) | Each provider shall endeavor to facilitate the efficient use of social services by beneficiaries and protect related workers. |
| Article 5 (Social Services Plans) |
| (1) | In order to implement social service programs in an effective manner through social services vouchers, the Minister for Health and Welfare shall establish and implement an annual plan, which includes criteria for the issuance of vouchers and the allocation of expenses therefor (hereinafter referred to as "social services plan"), and shall announce the main contents thereof to the public. |
| (2) | If it is necessary to revise the social services plan due to changes in the demand for social services, the Minister for Health and Welfare may revise the social services plan. In such cases, he/she shall announce the revised plan to the public. |
| (3) | Matters necessary for the contents of the social services plan under paragraph (1), and the timing to establish the plan, and the procedure for the establishment of the plan shall be prescribed by Presidential Decree. |
| Article 6 (Beneficiaries’ Sharing of Expenses) |
| (1) | The central and local governments may require beneficiaries to share expenses for providing social services in accordance with the criteria for beneficiaries’ sharing of expenses prescribed in a social services plan referred to in Article 5. |
| (2) | Notwithstanding paragraph (1), any of the following persons may be exempted fully or partially from the sharing of expenses: |
| 1. | Where the income and property of a beneficiary and his/her statutory supporter are less than the amounts specified by Ordinance of the Ministry of Health and Welfare; |
| 2. | Where a person has difficulties in making a living due to a natural disaster or any other cause or event specified by Ordinance of the Ministry of Health and Welfare. |
| Article 7 (Differential Provision of Social Services) |
The central government or a local government may differentiate the level of services provided to each beneficiary by type of social service chosen by a beneficiary, considering his/her needs and status.
| Article 8 (Protection of Beneficiaries' Rights and Interests) |
The central and local governments shall take the following measures in order to protect beneficiaries' rights and interests:
| 1. | Management of information, promotional activities, education, and research for the protection of beneficiaries' rights and interests; |
| 2. | Prevention of hazards to the life, safety, and property of beneficiaries; |
| 3. | Speedy and fair remedial measures for beneficiaries' complaints and injuries; |
| 4. | Other matters related to the protection of beneficiaries. |
CHAPTER II USE OF SOCIAL SERVICES VOUCHERS
| Article 9 (Application for Issuance of Social Services Vouchers) |
| 1. | A person eligible for voucher issuance; |
| 2. | A blood-relative of a person eligible for voucher issuance; |
| 3. | The legal representative of a person eligible for voucher issuance. |
| (2) | A public official responsible for issuance of social services vouchers may ex officio apply for the issuance of social services vouchers to a person eligible for voucher issuance who resides in his/her jurisdiction, to ensure that no person in need of social services under this Act is left out from the social services. In such cases, the public official shall obtain consent of the person eligible for voucher issuance, and if such consent is obtained, it is deemed that the person eligible for voucher issuance has applied for the issuance. <Newly Inserted by Act No. 15187, Dec. 12, 2017> |
| (3) | Matters necessary for application for issuance of social services vouchers, consent of a person eligible for voucher issuance, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 15187, Dec. 12, 2017> |
| Article 10 (Investigation upon Application) |
| (1) | Upon receipt of an application for issuance under Article 9, the head of the competent Si/Gun/Gu may assign public officials under his/her supervision to investigate whether the application meets the criteria prescribed in a social services plan for the issuance or may require the applicant to submit data necessary for the investigation. |
| (2) | When the head of a Si/Gun/Gu intends to use a related electronic computer network or data with regard to national tax, local tax, land, buildings, national health insurance, national pension, or employment insurance in order to conduct an investigation pursuant to paragraph (1), he/she may request the head of the related agency to cooperate in the investigation. In such cases, the head of the related agency shall comply with such request, unless there is good cause to the contrary. |
| (3) | A public official who conducts an investigation pursuant to paragraph (1) shall carry with him/her an identification card indicating his/her authority and a document showing matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the period, scope and person in charge of investigation, relevant statutes, etc. and shall produce it to people concerned. <Amended by Act No. 13997, Feb. 3, 2016> |
| (4) | The head of the competent Si/Gun/Gu shall notify a person eligible for voucher issuance of the following matters with regard to data or information acquired through the investigation or provided pursuant to paragraph (1) or (2): |
| 1. | Legal grounds, purposes and the scope of use; |
| 3. | The holding period and the method of destruction thereof. |
| (5) | No head of a Si/Gun/Gu shall hold any information acquired through the investigation or provided pursuant to paragraph (1) or (2) about any person other than persons eligible for voucher issuance for more than five years. In such cases, the information shall be destroyed without delay when the predetermined holding period elapses. |
| (6) | No person who works or worked as a public official under the jurisdiction of the head of a Si/Gun/Gu shall use information or data acquired pursuant to paragraph (1) or (2) for any purpose other than those provided for in this Act or furnish any third party or other institution with such information. |
| (7) | The head of a Si/Gun/Gu shall prepare and keep a register of the results of investigations under paragraph (1) and (2): Provided, That such register may be substituted by electronic files, where such records are managed using an electronic information processing system. |
| (8) | Except as otherwise provided for in this Act, procedures, methods, etc. of investigation prescribed in paragraph (1) shall be governed by the Framework Act on Administrative Investigations. <Newly Inserted by Act No. 13997, Feb. 3, 2016> |
| Article 11 (Issuance of Social Services Vouchers) |
| (1) | Upon completing an investigation under Article 10, the head of a Si/Gun/Gu shall determine whether to issue a social services voucher to an applicant for voucher issuance and shall notify the applicant of his/her decision in writing or by an electronic document. |
| (2) | When the head of a Si/Gun/Gu gives notice of issuance pursuant to paragraph (1), he/she shall issue the social services voucher to the applicant for voucher issuance without delay: Provided, That if the applicant for voucher issuance holds a social services voucher already issued with data described therein by an electronic or magnetic means (hereinafter referred to as "electronic social services voucher"), the electronic social services voucher may be used by re-entering the descriptions under Article 13 therein. |
| (3) | If a beneficiary who has obtained a social services voucher loses or mutilates such voucher, he/she may file an application for re-issuance with the head of the competent Si/Gun/Gu. |
| (4) | Except as otherwise provided for in paragraphs (1) through (3), matters necessary for the issuance and re-issuance of social services vouchers shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (1) | Any person who has an objection against a decision made pursuant to Article 11 (1) may file the objection with the head of the competent Si/Gun/Gu within 60 days from the date on which he/she receives the notice of the decision: Provided, That the foregoing shall not apply where a person proves that he/she was unable to file an objection within the period due to a justifiable ground. |
| (2) | The head of a Si/Gun/Gu shall examine an objection within 15 days from the date on which the objection is filed pursuant to paragraph (1) and shall take corrective and other necessary measures therefor if he/she finds that the decision at issue is illegal or unfair. |
| (3) | Matters necessary for the methods and procedure for filing objections under paragraphs (1) and (2) and the management of such objections shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 13 (Matters to be Stated in Social Services Vouchers) |
A social services voucher shall state each of the following:
| 1. | The beneficiary's name; |
| 2. | The serial number of the social services voucher; |
| 3. | The types of services provided; |
| 4. | The quantity of social services provided or the amount equivalent to such services; |
| 5. | The validity period for the use of the social services voucher; |
| 6. | Other matters specified by Ordinance of the Ministry of Health and Welfare. |
| Article 14 (Use of Social Services Vouchers) |
| (1) | Any beneficiary may be provided with social services by presenting his/her social services voucher to a provider. |
| (2) | Matters necessary for the use of vouchers under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 15 (Duties of Beneficiaries, etc.) |
| (1) | No one shall sell or lend a social services voucher or transfer the rights therein to a person who is not properly authorized. |
| (2) | In using a social services voucher, no beneficiary shall accept money or other goods from a provider with the expectation of reciprocity in place of social services on the social services voucher. |
CHAPTER III REGISTRATION, ETC. OF PROVIDERS
| Article 16 (Registration of Providers) |
| (1) | A person who intends to provide social services through social services vouchers shall register each type of social service that he/she intends to provide with the head of the competent Si/Gun/Gu. The foregoing shall also apply where he/she intends to change any registered fact. |
| (2) | A person who intends to register his/her services pursuant to paragraph (1) shall be equipped with human resources and facilities or equipment in compliance with the standards prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | When the head of a Si/Gun/Gu finds it necessary to consider the local distribution of institutions providing social services and the appropriate scale of supply in applying the standards for registration under paragraph (2), he/she may place restrictions on registration or attach conditions thereto. |
| (4) | When a provider is registered pursuant to paragraph (1), the head of the competent Si/Gun/Gu shall issue a certificate of registration to the provider and shall notify beneficiaries thereof by the means specified by Ordinance of the Ministry of Health and Welfare so that such beneficiaries can verify the details thereof. |
| (5) | When a provider files a report on permanent business closure with the head of the competent tax office or the head of the competent tax office cancels the business registration of a provider pursuant to Article 8 of the Value-Added Tax Act, the head of the competent Si/Gun/Gu may cancel the registration of the provider ex officio. <Amended by Act No. 15187, Dec. 12, 2017> |
| (6) | The head of a Si/Gun/Gu may request the head of the competent tax office to provide information about whether a provider permanently closed his/her business, if necessary for cancelling official authority under paragraph (5). In such cases, the head of the competent tax office, upon receipt of the request, shall provide information about whether the provider permanently closed his/her business, pursuant to Article 36 (1) of the Electronic Government Act. <Newly Inserted by Act No. 15187, Dec. 12, 2017> |
| (7) | If a provider who has obtained a certificate of registration pursuant to paragraph (4) loses or mutilates such certificate, he/she may file an application for re-issuance with the head of the competent Si/Gun/Gu. |
| (8) | Except as otherwise provided for in paragraphs (1) through (7), matters necessary for the registration of providers, registration of changes, and issuance and re-issuance of certificates of registration shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 15187, Dec. 12, 2017> |
| Article 17 (Disqualifications) |
None of the following persons shall serve as a provider. The foregoing shall also apply where a corporation has an executive officer who falls under any of the following: <Amended by Act No. 14559, Feb. 8, 2017; Act No. 15445, Mar. 13, 2018>
| 1. | A person under adult guardianship or limited guardianship; |
| 2. | A person declared bankrupt, but not yet reinstated; |
| 3. | A person in whose case two years have not passed since his/her imprisonment without labor or heavier punishment declared by a court was completely executed (including cases where the execution is deemed completed) or exempted; |
| 4. | A person who is under suspension of the execution of his/her imprisonment without labor or heavier punishment declared by a court; |
| 5. | A person who is under suspension of the sentence of his/her imprisonment without labor or heavier punishment declared by a court; |
| 6. | A person in whose case one year has not passed since a fine was imposed upon him/her by a sentence for violation of this Act; |
| 7. | A person in whose case two years have not passed since his/her registration as a provider was revoked pursuant to this Act (excluding where his/her registration as a provider is revoked because he/she falls under subparagraph 1 or 2). |
| Article 18 (Business Suspension or Closure of Providers) |
If a provider suspends or closes all or part of his/her business, he/she shall file a report thereon with the head of the competent Si/Gun/Gu with whom he/she is registered pursuant to Article 16, as prescribed by Ordinance of the Ministry of Health and Welfare.
| Article 19 (Providers’ Duties) |
| (1) | Each provider shall disclose social services provided by him/her, matters regarding human resources, facilities, and equipment, and other matters specified by Ordinance of the Ministry of Health and Welfare to beneficiaries. If there is a change or a discrepancy in any disclosed facts, he/she shall correct and disclose such correction without delay. |
| (2) | No provider shall refuse, without good cause, to provide a beneficiary with social services that he/she is expected to provide. |
| (3) | Each provider shall verify whether a social services voucher is legitimately used by a beneficiary him/herself. In such cases, a provider may request a beneficiary to produce an identification certificate or other document specified by Ordinance of the Ministry of Health and Welfare. |
| (4) | If a beneficiary refuses or avoids to present an identification certificate or other document under the latter part of paragraph (3), a provider shall not provide the beneficiary with social services. |
| (5) | When a provider files a claim to pay expenses for providing social services in connection with the settlement of an electronic social services voucher under Article 20 (2), he/she shall not require the beneficiary to reimburse any of the expenses imposed upon the provider. |
| (6) | In any of the following cases, no provider shall provide a beneficiary with social services: |
| 1. | Where the provider files a report on permanent closure of his/her business with the head of the competent tax office, his/her registration as a provider is cancelled, or his/her registered facts are cancelled ex officio pursuant to Article 16 (5); |
| 2. | Where the provider suspends or permanently closes his/her business in accordance with Article 18; |
| 3. | Where the provider's registration is revoked or the provider’s operation of business is suspended pursuant to Article 23. |
| (7) | No provider shall commit any of the following acts: |
| 1. | Filing a claim to reimburse expenses for providing social services without providing social services; |
| 2. | Filing a claim to reimburse expenses by fraud or other wrongful means or intentionally for social services exceeding the price for the social services actually provided; |
| 3. | Other wrongful acts specified by Ordinance of the Ministry of Health and Welfare as those that undermine the good order in the circulation of social services vouchers. |
| (8) | Every provider shall record and keep the fact of having provided social services and materials on the details thereof (hereinafter referred to as "materials on social services provided"). Matters necessary for recording and keeping materials on social services provided shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 14559, Feb. 8, 2017> |
| (9) | Where a provider falls under any of the following cases, he/she shall transfer materials on social services provided to the head of the Si/Gun/Gu. The period of business suspension during which materials on social services provided must be transferred and other matters necessary for transfer, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare: <Newly Inserted by Act No. 14559, Feb. 8, 2017> |
| 1. | Where the head of a Si/Gun/Gu eliminates the matters of registration of a provider by authority under Article 16 (5); |
| 2. | Where a provider reports the business suspension or closure under Article 18: Provided, That where the provider obtains approval from the head of the Si/Gun/Gu by the date preceding the date the suspension of business commences, he/she may keep the materials on social services provided directly; |
| 3. | Where the head of a Si/Gun/Gu revokes the registration of a provider under Article 23. |
| Article 20 (Deposit and Payment of Expenses for Providing Social Services) |
| (1) | The head of each Si/Gun/Gu shall deposit expenses necessary for providing social services in the appropriate specialized institution or organization specified by Presidential Decree. |
| (2) | When a provider provides social services based on a social services voucher presented by a beneficiary, the provider may settle expenses for providing the social services with an electronic social services voucher or may file a claim to reimburse such expenses with the competent head of a Si/Gun/Gu. |
| (3) | Upon receipt of a claim to reimburse expenses pursuant to paragraph (2), the head of the competent Si/Gun/Gu shall reimburse the expenses to the provider, unless there is any exceptional ground to the contrary. |
| (4) | If the head of a Si/Gun/Gu discovers that there is an excess or a deficiency in expenses reimbursed pursuant to paragraph (3) or an error in the calculation of such expenses, he/she shall require the provider to pay back the excess or shall pay the deficiency additionally to the provider. |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the deposit, reimbursement, etc. of expenses shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 21 (Recoupment, etc. of Gains Obtained through Unjust Enrichment) |
| (1) | If it is discovered that a provider received expenses for providing social services by fraud or other wrongful means, the head of the competent Si/Gun/Gu shall collect a charge fully or partially equivalent to such expenses. |
| (2) | If it is discovered that a beneficiary made a false report or certificate in the case of paragraph (1), the head of the competent Si/Gun/Gu may require the beneficiary to pay the charge recoupable pursuant to paragraph (1) jointly with the provider. |
| (3) | If a provider or a beneficiary fails to pay the charge recoupable pursuant to paragraph (1) or (2), the charge shall be collected in the same manner as delinquent national or local taxes are collected. |
| Article 22 (Succession to Status of Provider) |
| (1) | If a provider transfers his/her business or is dead, or a corporation that is a provider is merged with another corporation, the transferee, heir, or corporation surviving the merger or the corporation established as a consequence of the merger shall succeed to the status of the preceding provider. |
| (2) | A person who acquires all business facilities and equipment through any of the following procedures shall succeed to the preceding provider's status under this Act: |
| 4. | Other procedures similar to the those under any of the provisions of subparagraphs 1 through 3. |
| (3) | A person who succeeds to the status of a preceding provider pursuant to paragraph (1) or (2) shall file a report with the head of the Si/Gun/Gu with whom the succession has been registered pursuant to Article 16, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) | As to the status succession under paragraphs (1) and (2), Article 17 shall apply mutatis mutandis: Provided, That the foregoing shall not apply to cases falling under any subparagraph of Article 17 for three months from the date of inheritance. |
| Article 23 (Revocation, etc. of Registration of Providers) |
| (1) | If a provider falls under any of the following subparagraphs, the head of the competent Si/Gun/Gu may revoke his/her registration or suspend his/her operation of business for a specified period not exceeding six months: Provided, That such registration shall be revoked if a provider falls under subparagraph 1, 2, 4, or 7: |
| 1. | If it is discovered that the provider registered his/her business by fraud or other wrongful means; |
| 2. | If the provider fails to commence his/her business within one year or suspends his/her business for not less than one year without good cause; |
| 3. | If the provider no longer meets the standards for registration under Article 16 (2); |
| 4. | If the provider falls under any subparagraph of Article 17: Provided, That the foregoing shall not apply where a corporation had an executive officer who falls under any subparagraph of the said Article, but has dismissed or replaced such executive officer; |
| 6. | If any employee of the provider commits violence, inflicts any bodily harm, or commits an act that constitutes sexual harassment or sexual violation, causing the sense of shame, against a beneficiary to whom social services are provided; |
| 7. | If a provider continues its operation of business during a business suspension period. |
| (2) | Matters regarding the guidelines for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
When the head of a Si/Gun/Gu intends to revoke a provider's registration pursuant to Article 23, he/she shall hold a hearing.
| Article 25 (Imposition of Penalty) |
| (1) | Where the head of a Si/Gun/Gu issues an order to suspend operation of business pursuant to Article 23, but such business suspension is likely to cause severe inconvenience to beneficiaries or others or undermine the public interest, he/she may impose a penalty not exceeding 30 million won in lieu of the disposition of business suspension, as prescribed by Presidential Decree. <Amended by Act No. 15445, Mar. 13, 2018> |
| (2) | Matters necessary for the amount of penalty for each type of violation subject to the imposition of penalty prescribed in paragraph (1) and the degree of violation shall be prescribed by Presidential Decree. |
| (3) | If a person upon whom a penalty is imposed pursuant to paragraph (1) fails to pay such penalty by the deadline, the penalty shall be collected in the same manner as delinquent national taxes are collected, or in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013> |
| Article 26 (Transfer of Effects of Administrative Sanctions) |
Where a person succeeds to the status of a provider pursuant to Article 22, the effects of an administrative disposition made to the preceding provider shall be transferred to the transferee, heir, or corporation surviving the merger or the corporation established as a consequence of the merger, and if proceedings of an administrative disposition are in progress, the proceedings of the administrative sanction may continue against the transferee, heir, or corporation surviving the merger or the corporation established as a consequence of the merger: Provided, That the foregoing shall not apply where the new provider (excluding a person who succeeds to the status by inheritance) was unaware of the disposition or the relevant violation when he/she succeeds to the business.
CHAPTER IV LAYING FOUNDATION FOR SOCIAL SERVICES VOUCHERS
| Article 27 (Standardization of Social Services Vouchers) |
| (1) | The Minister of Health and Welfare shall prepare a scheme for the standardization of social services vouchers so that social services vouchers can be used and managed in an efficient and uniform manner. |
| (2) | The Minister of Health and Welfare may entrust an appropriate specialized institution or organization specified by Presidential Decree with works for the standardization of social services vouchers under paragraph (1). |
| Article 28 (Establishment of System for Management of Social Services Vouchers) |
| (1) | The Minister of Health and Welfare may establish and operate a system for the management of social services vouchers. |
| (2) | The Minister of Health and Welfare may entrust a specialized institution or organization specified by Presidential Decree with business affairs for the establishment and operation of the system to manage social services vouchers under paragraph (1). |
| Article 29 (Disclosure of Information about Providers) |
| (1) | The Minister of Health and Welfare shall disclose the following matters, as prescribed by Ordinance of the Ministry of Health and Welfare, in order to ensure beneficiaries’ availability of options for social services and improve the quality of social services: |
| 1. | The current status of each provider; |
| 2. | Performance and quality of social services provided by each provider; |
| 3. | Other matters specified by Ordinance of the Ministry of Health and Welfare. |
| (2) | The Special 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 each Si/Gun/Gu shall notify the Minister of Health and Welfare of information about each provider under paragraph (1) within his/her jurisdiction, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | The Minister of Health and Welfare may entrust an appropriate specialized institution or organization specified by Presidential Decree with business affairs for the disclosure of information about providers under paragraph (1). In such cases, the Minister of Health and Welfare may furnish such an appropriate specialized institution or organization with information about providers. |
| (4) | Necessary matters regarding the details of, and the methods and procedures for, disclosure under paragraph (1) and the modification of disclosed facts shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 30 (Quality Control of Social Services) |
| (1) | In order to protect beneficiaries and improve the quality of social services, the Minister of Health and Welfare shall establish standards to ensure the quality of social services, evaluate the quality of social services provided by each provider in accordance with the standards for social services, and carry out the quality control of social services. |
| (2) | The Minister of Health and Welfare may entrust an appropriate specialized institution or organization specified by Presidential Decree with business affairs regarding the quality control of social services under paragraph (1). |
| (3) | Necessary matters regarding the details of, and the methods and procedures for, the quality control of social services under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 31 (Education and Training) |
| (1) | The Minister of Health and Welfare or a Mayor/Do Governor may conduct educational or training programs for providers and relevant workers in regard to the provision of social services. |
| (2) | The Minister of Health and Welfare or a Mayor/Do Governor may entrust an appropriate specialized institution or organization specified by Presidential Decree with business affairs relating to education and training under paragraph (1). In such cases, budgets necessary for such education and training may be subsidized. |
| (3) | Matters necessary for education and training under paragraphs (1) and (2), such as the contents of, and the methods, procedures and expenses for, the education and training, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 32 (Reporting, Inspection, etc.) |
| (1) | In any of the following cases, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may assign relevant public officials to enter a provider's office or place of business, or any other place as may be necessary to inspect account books, documents, and other goods or ask questions to people concerned and may require the relevant provider to report on his/her business or to submit relevant documents and data, as prescribed by Presidential Decree: |
| 1. | Where it is necessary for the disclosure of information about the provider under Article 29; |
| 2. | Where it is necessary for evaluation of the provider, verification of the details of social services provided by the provider, or management of the provider. |
| (2) | A public official who enters a place to conduct an inspection pursuant to paragraph (1) shall carry with him/her an identification card indicating his/her authority and a document showing the period, scope and person in charge of inspection, relevant statutes, etc. and shall produce it to people concerned. <Amended by Act No. 13997, Feb. 3, 2016> |
| (3) | Except as otherwise provided for in this Act, access for, and methods, procedures, etc. of inspection prescribed in paragraph (1) shall be governed by the Framework Act on Administrative Investigations. <Newly Inserted by Act No. 13997, Feb. 3, 2016> |
| Article 32-2 (Monetary Award) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may pay a monetary award within budgetary limits to anyone for reporting on a person who is issued social services vouchers by fraud or other improper means, who helps another person be issued social services vouchers, or who violates Article 15 or 19 (7) to a relevant administrative agency or an investigative agency. |
| (2) | Matters necessary for criteria, methods, procedures, etc. for monetary awards under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 15445, Mar. 13, 2018]
| Article 33 (Prohibition of Divulgence of Secret) |
None of the following persons shall divulge confidential information he/she learned in the course of performing duties under this Act:
| 1. | A present or former provider; |
| 2. | A present or former employee of a provider; |
| 3. | A present or former worker at a specialized institution or organization entrusted pursuant to Article 27 (2), 28 (2), 29 (3), 30 (2), 31 (2), or 34 (2). |
| Article 34 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Health and Welfare may delegate part of his/her authority over social services vouchers under this Act to each Mayor/Do Governor or the head of each Si/Gun/Gu. |
| (2) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust an appropriate specialized institution or organization with the following business affairs with regard to social services vouchers, as prescribed by Presidential Decree: |
| 1. | Affairs regarding the issuance and re-issuance of social services vouchers under Article 11 (excluding decision-making on whether to issue a social services voucher); |
| 2. | Affairs regarding receipt of claims for reimbursement of expenses for providing social services vouchers under Article 20 and the payment and settlement of such expenses; |
| 3. | Affairs regarding the recoupment of gains obtained through unjust enrichment under Article 21 (1) and (2). |
| (3) | The central government may subsidize an institution or organization entrusted pursuant to paragraph (2) for expenses incurred in performing business affairs entrusted to it. |
CHAPTER VI PENALTY PROVISIONS
| Article 35 (Penalty Provisions) |
| (1) | Any person who holds information about a social services voucher acquired by fraud or other wrongful means or uses a social services voucher by using such information shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 14326, Dec. 2, 2016> |
| Article 36 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 14326, Dec. 2, 2016>
| 1. | A person who uses or provides information or data in violation of Article 10 (6); |
| 2. | A person who provides social services without having registered as a provider or in violation of Article 19 (6); |
| 3. | A person who commits, aids, or abets an act under Article 19 (7) 1 or 2. |
| Article 37 (Penalty Provisions) |
Any person who divulges confidential information in violation of Article 33 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended by Act No. 14326, Dec. 2, 2016>
| Article 38 (Penalty Provisions) |
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: <Amended by Act No. 14326, Dec. 2, 2016>
| 1. | A person who obtains a social services voucher by fraud or other wrongful means or who aids or abets another person to obtain a social services voucher by fraud or other wrongful means; |
| 2. | A person who sells or lends a social services voucher to a person who has no lawful right or who transfers the right under social services voucher to such a person, in violation of Article 15 (1); |
| 3. | A person who receives money or goods with the expectation of reciprocity in place of social services on a social services voucher, in violation of Article 15 (2). |
| Article 39 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or other persons employed by, a corporation or an individual commits a violation under Articles 35 through 38 regarding the business affairs of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine prescribed in the relevant Article: Provided, That the foregoing shall not apply to where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.
| Article 40 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended by Act No. 14559, Feb. 8, 2017> |
| 1. | A person who fails to report on the suspension or permanent closure of his/her business, in violation of Article 18; |
| 1-2. | A person who fails to record and keep materials on social services provided, in violation of Article 19 (8); |
| 1-3. | A person who fails to transfer materials on social services provided, in violation of Article 19 (9); |
| 2. | A person who rejects, interferes with, or evades entrance and inspection under Article 32 without good cause, a person who refuses to answer a question or makes a false statement, or a person who fails to submit data or submits a false report or data. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 16 shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measure concerning Social Services Vouchers)
Social services vouchers issued to protected persons pursuant to Article 33-7 (2) of the previous Social Welfare Services Act before this Act enters into force and currently in use shall be deemed social services vouchers issued upon an application for issuance pursuant to Article 9. Article 3 (Transitional Measures concerning Protecting Institutions)
| (1) | A protecting institution selected and publicly notified as an institution that provides protection upon receipt of a social services voucher pursuant to statutes regarding social welfare services before this Act enters into force shall be deemed a provider under this Act: Provided, That such institution shall meet the requirements set forth in Article 16 (2), shall register itself as a provider within three months from the enforcement date of Article 16, and shall not fall under any subparagraph of Article 17. |
| (2) | A protecting institution that fails to register itself as a provider within the period mentioned in the proviso to paragraph (1) shall not provide any social service based on a social services voucher (including a social welfare service voucher that shall be deemed a social services voucher pursuant to Article 2 of Addenda). |
Article 4 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDUM <Act No. 13997, Feb. 3, 2016>
This Act shall enter into force six months after its promulgation.
ADDENDUM <Act No. 14326, Dec. 2, 2016>
This Act shall enter into on the date of its promulgation.
ADDENDA <Act No. 14559, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 17 shall enter into force on the date of its promulgation. Article 2 (Applicability to Recording and Keeping of Materials on Social Services Provided)
The amended provisions of Article 19 (8) shall apply starting from the first social service provided after this Act enters into force. Article 3 (Transitional Measures concerning Grounds for Disqualification of Incompetents, etc.)
Any person who has been already sentenced to be an incompetent or quasi-incompetent at the time the amended provisions of subparagraph 1 of Article 17 enters into force and for whom the effect of the sentence is maintained under Article 2 of Addenda of the partially amended Civil Act (Act No. 10429) shall be governed by the former provisions, notwithstanding the same amended provisions.
ADDENDUM <Act No. 15187, Dec. 12, 2017>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 9 shall enter into force three months after the date of promulgation.
ADDENDA <Act No. 15445, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 7 of Article 17 shall enter into force on the date of its promulgation. Article 2 (Applicability to Grounds for Disqualification)
The amended provisions of subparagraph 7 of Article 17 shall also apply where the registration as a provider of any person who has been sentenced to be a person under adult guardianship or limited guardianship, any person sentenced to be an incompetent or quasi-incompetent and for whom the effect of the sentence is maintained under Article 2 of the Addenda of the Civil Act (Act No. 10429), or any person declared bankrupt, but not yet reinstated is revoked for falling under any of the aforesaid cases as at the time this Act enters into force.