ENFORCEMENT DECREE OF THE SOCIAL WELFARE SERVICES ACT
Wholly Amended by Presidential Decree No. 15839, Jul. 16, 1998
Amended by Presidential Decree No. 16589, Oct. 30, 1999
Presidential Decree No. 16903, Jul. 10, 2000
Presidential Decree No. 17814, Dec. 26, 2002
Presidential Decree No. 18501, Jul. 30, 2004
Presidential Decree No. 18553, Sep. 23, 2004
Presidential Decree No. 20356, Oct. 31, 2007
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 21093, Oct. 28, 2008
Presidential Decree No. 21864, Nov. 30, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22568, Dec. 29, 2010
Presidential Decree No. 22924, May 12, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 24020, Aug. 3, 2012
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25856, Dec. 16, 2014
Presidential Decree No. 25918, Dec. 30, 2014
Presidential Decree No. 26364, jun. 30, 2015
Presidential Decree No. 27437, Aug. 3, 2016
Presidential Decree No. 28074, May 29, 2017
Presidential Decree No. 28586, Jan. 16, 2018
Presidential Decree No. 28821, Apr. 24, 2018
Presidential Decree No. 29250, Oct. 23, 2018
The purpose of this Decree is to prescribe matters delegated by the Social Welfare Services Act and matters necessary for the enforcement thereof. <Amended by Presidential Decree No. 21093, Oct. 28, 2008>
| Article 1-2 (Statutes Relating to Social Welfare Services) |
[This Article Wholly Amended by Presidential Decree No. 28821, Apr. 24, 2018]
| Article 2 (Standards, Etc. for Qualification by Grade of Social Workers) |
| (1) | The standards for qualification by grade of social workers pursuant to Article 11 (2) of the Act shall be as prescribed in attached Table 1. <Amended by Presidential Decree No. 16589, Oct. 30, 1999> |
| (2) | Any person who intends to obtain a social worker certificate shall submit an application for issuance of social worker certificate to the Minister of Health and Welfare prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012> |
| Article 3 (Administration, etc. of State Examination) |
| (1) | The Minister of Health and Welfare shall administer the State examinations of social workers of grade 1 pursuant to Article 12 of the Act (hereinafter referred to as “examination”) at least once a year. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | The Minister of Health and Welfare shall designate the relevant specialized institution falling under any of the following as an institution for administration of examinations and entrust the administration of examinations: <Newly Inserted by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20356, Oct. 31, 2007; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | Non-profit corporations that have specialized ability regarding examination, through survey, research, etc. on examination; |
| 2. | Non-profit corporations that have specialized knowledge and skills in social welfare; |
| (3) | When the head of institutions for administration of examinations intends to administer the examination pursuant to paragraph (1), he/she shall obtain an approval from the Minister of Health and Welfare in advance and publicly announce the date, venue and subject of the examination, and the period for submitting an application form, standards of returning an application fee, and other necessary matters no later than 90 days before the examination day. In such cases, the standards for returning an application fee shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 21864, Nov. 30, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23759, May 1, 2012> |
| (4) | The examination shall be administered by a written examination and the subjects of examination shall be as listed in attached Table 2. |
| (5) | In determining pass of the examination, applicants who obtain more than 40 percent of points of every subject and more than 60 percent of total points of all subjects shall pass the examination. |
| Article 4 (Qualification for Application for Examination and Administration of Examination) |
| (1) | Qualifications for application for the examinations pursuant to Article 12 (4) of the Act shall be prescribed by the attached Table 3. |
| (2) | Any person who intends to apply for the examination shall submit a written application prescribed by the head of an institution for administration of examination to the head of an institution for administration of examination (including a submission by electronic documents). <Newly Inserted by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20506, Dec. 31, 2007> |
| (3) | Where the head of an institution for administration of examination administers the examination, he/she shall determine and announce the applicants who passed the examination and notify the Minister of Health and Welfare and the Korea Association of Social Workers under Article 46 of the Act (hereinafter referred to as “association”) of the following matters regarding the persons who passed the examination: <Newly Inserted by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| 2. | Passing number and date of examination. |
| (1) | Where the head of an institution for administration of examination intends to administer the examination, he/she shall appoint an examiner for each examination subject among persons with specialized knowledge. <Amended by Presidential Decree No. 17814, Dec. 26, 2002> |
| (2) | Benefits and travel expenses may be paid to the examiner pursuant to paragraph (1) within the budgetary limits. |
| Article 5-2 (Request for Cooperation of Relevant Institutions, etc.) |
Where necessary to facilitate administer examinations, the head of an institution for administration of examination may request of the State, local governments or relevant institutions or organizations for cooperation necessary for the examination place and support of supervision of examination, etc.
[This Article Newly Inserted by Presidential Decree No. 17814, Dec. 26, 2002]
| Article 6 (Employment of Social Workers) |
| (1) | Any person who establishes and operates a social welfare foundation or social welfare facility under the main body of Article 13 (1) of the Act shall employ social workers and assign them to conduct the following affairs in the relevant foundation or facility: Provided, That in cases falling under each item of subparagraph 1 of Article 2 of the Act, this shall not apply: <Amended by Presidential Decree No. 16589, Oct. 30, 1999; Presidential Decree No. 21093, Oct. 28, 2008> |
| 1. | Developing and operating social welfare programs; |
| 2. | Providing guidance to facility residents; |
| 3. | Consulting persons in need of social welfare. |
| (2) | "Social welfare facilities determined by Presidential Decree” in the proviso to Article 13 (1) of the Act means the following facilities: <Amended by Presidential Decree No. 21093, Oct. 28, 2008; Presidential Decree No. 22568, Dec. 29, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 24020, Aug. 3, 2012; Presidential Decree No. 28074, May 29, 2017; Presidential Decree No. 28821, Apr. 24, 2018> |
| 2. | Sign language interpretation centers, Braille libraries and production facilities for Braille and talking books among the community rehabilitation facilities for persons with disabilities under the Act on Welfare of Persons with Disabilities; |
| Article 7 Deleted. <by Presidential Decree No. 28821, Apr. 24, 2018> |
| Articles 7-2 through 7-4 Deleted. <by Presidential Decree No. 26364, Jun. 30, 2015> |
| Article 8 (Application, etc. for Permission for Incorporation of Social Welfare Foundation) |
| (1) | Any person who intends to obtain permission for incorporation of a social welfare foundation pursuant to Article 16 of the Act shall, in writing or electronically, submit an application for incorporation of a foundation accompanied by the documents prescribed by Ordinance of the Ministry of Health and Welfare to the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor via the head of a Si (including the head of an administrative Si under Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) who has jurisdiction over the location of the main office of the social welfare foundation. <Amended by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012; Presidential Decree No. 28821, Apr. 24, 2018> |
| (2) | The head of a Si/Gun/Gu in receipt of the application for incorporation of foundation pursuant to paragraph (1) shall, in writing or electronically, forward it to the Mayor/Do Governor accompanied by the documents stating the outcomes of on-site survey on assets and examination review on the necessity of the social welfare foundation. <Amended by Presidential Decree No. 16589, Oct. 30, 1999; Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012> |
| Article 8-2 (Procedure, Etc. of Recommending Directors) |
| (1) | Where any social welfare foundation intends to receive a recommendation of directors pursuant to Article 18 (2) of the Act, it shall request the institutions falling under any of the following of the recommendation of directors in writing by attaching data regarding the purpose of incorporating foundation, contents of purpose business and conditions that should be fulfilled by directors, etc. within 15 days from the date when the reason for appointment of directors occurred: Provided, That where the reason for appointment is the expiration of the term of office of the director, it may request the recommendation from three months before the expiration of term of office. |
| (2) | The institutions requested to recommend directors pursuant to paragraph (1) shall recommend directors considering the incorporation purpose of the relevant foundation within 30 days from the day of the request in the absence of special circumstances, and when necessary, it may listen to the opinions of the persons who requested the recommendation of directors. |
| (3) | The institutions requested to recommend directors pursuant to paragraph (1) may request the Mayor/Do Governor or the head of Si/Gun/Gu to verify whether the person whom it intends to recommend as a director pursuant to paragraph (2) falls under the ground for disqualification pursuant to Article 19 of the Act. In such cases, it shall get an agreement from the person whom it intends to recommend. |
| (4) | Upon receipt of a request of verification pursuant to paragraph (3), the Mayor/Do Governor or the head of Si/Gun/Gu shall follow the request in the absence of special circumstances. |
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
| Article 9 (Scope of Persons in Special Relationship) |
| (1) | "Members in a special relationship prescribe by Presidential Decree” in Article 18 (3) of the Act means persons falling under each of the following: <Amended by Presidential Decree No. 24020, Aug. 3, 2012> |
| 2. | Any person whose relationship with the contributor or director falls under any of the following: |
| (a) | A blood relative of not more than six degrees of relationship; |
| (b) | A relative by marriage of not more than four degrees of relationship; |
| (c) | A spouse (including a person in relationship of de facto marriage); |
| (d) | One’s own child who was adopted by others, and the spouse and lineal descendant of the child; |
| 3. | An employee of or a contributor or director, or any person in an employment relationship with the contributor or director (including the employee of or other persons in an employment relationship with the foundation which is in fact controlled by investment of the contributor or director ); |
| 4. | A person who earns a living by money or other property of the contributor or director, and persons who reside with him/her; |
| 5. | A director of another foundation invested by the contributor or director. |
| (2) | "The foundation which is in fact controlled by investment” in paragraph (1) 3 means the foundation falling under any of the following case: |
| 1. | Where one investor, and persons in relationship defined in paragraph (1) 2 and 4 with him/her and an employee and other persons in an employment relationship with him/her (hereafter referred to as “dominant stockholder” in this paragraph) owns not less than 30 percent of the total amount of issued stocks or the total amount of investment of the foundation; |
| 2. | Where the foundation under subparagraph 1 and its dominant stockholder own not less than 50 percent of the total issued stocks or total amount of investment of the foundation; |
| 3. | Where the foundation under subparagraph 1, and its dominant stockholder, and the foundation under subparagraph 2 own at least 50 percent of the total issued stocks or total amount of investment of the foundation. |
[This Article Wholly Amended by Presidential Decree No. 18501, Jul. 30, 2004]
| Article 10 (Size of Social Welfare Foundation which Appoints Directors) |
"A foundation in excess of a certain size prescribed by Presidential Decree” in the proviso of Article 18 (7) of the Act means a foundation (including that of social welfare facilities established and operated by foundations) whose average tax revenue pursuant to the revenue settlement of the previous three fiscal years at the time of appointing directors is not les than three billion won. [This Article Wholly Amended by Presidential Decree No. 24020, Aug. 3, 2012]
| Article 10-2 (Grounds for Disqualification as Executive Officer) |
“Person prescribed by Presidential Decree" in Article 19 (1) 2-2 of the Act means a person who falls under any of the following at the time when a reason for the cancellation of establishment permission of a social welfare foundation (hereinafter referred to as "reason for cancellation") arises: | 1. | Representative director; |
| (a) | Where the auditor discovers a reason for cancellation and makes, without delay, a report to the Mayor/Do Governor; |
| (b) | Where the auditor requests the court to suspend the performance of duties of the director who has committed an act giving rise to the cancellation of permission; |
| 3. | Where a reason for cancellation is resulting from the resolution of the board of directors, the directors who have voted for the resolution. In such cases, the directors who are not recorded in the meeting minutes as having raised opposition to the resolution among those directors who have participated in the decision-making process shall be presumed to have voted for the resolution. |
[This Article Newly Inserted by Presidential Decree No. 29250, Oct. 23, 2018]
| Article 10-3 (Detailed Requirements for Issuing Order to Dismiss Executive Officer Without Request for Correction) |
In any of the following cases, a Mayor/Do Governor may order a social welfare foundation to dismiss an executive officer without a request for correction pursuant to the proviso to Article 22 (2) of the Act: | 1. | Where it is obvious that the correction is physically impossible by the requested date; |
| 2. | Where an executive officer commits accounting fraud, or embezzles or steals property or subsidy of the relevant social welfare foundation or social welfare facility operated by the social welfare foundation, or accepts any bribe or breaches his/her duties regarding the affairs thereof. |
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
| Article 10-4 (Period, etc. for Disclosure of Minutes) |
| (1) | A social welfare foundation shall post the minutes of the board of directors' meetings on the website of the social welfare foundation and the website designated by the competent Mayor/Do Governor for three months, by not later than 10 days from the date of meeting pursuant to the main sentence of Article 25 (4) of the Act. |
| (2) | Employees of a social welfare foundation, and employees, users, residents or guardians of residents of the facilities established and operated by a social welfare foundation may submit a request for disclosure of minutes of the board of directors’ meeting to the social welfare foundation, stating the following matters even after the period for disclosure pursuant to paragraph (1): <Amended by Presidential Decree No. 25532, Aug. 6, 2014> |
| 1. | Name, date of birth, address and contact information (referring to phone numbers, e-mail address, etc.) of a requester; |
| 2. | Content of the minutes requested to be disclosed and the method of disclosure. |
| (3) | Where the content requested to be disclosed pursuant to paragraph (2) is not subject to non-disclosure pursuant to the proviso of Article 25 (4) of the Act, the social welfare foundation shall disclose it within ten days. In such cases, where the minutes containing both the content subject to non-disclosure and the content subject to disclosure can be separated to the extent that does not impede the purpose of the request for disclosure, they shall be separated and only the content subject to disclosure shall be disclosed. |
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
| Article 10-5 (Content of Minutes Subject to Non-Disclosure) |
| (2) | Where the necessity of non-disclosure of the content falling under paragraph (1) disappears due to the expiration, etc. of the period, the foundation shall designate the relevant content as subject to disclosure. |
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
| Article 10-6 (Scope of Persons in Special Relationship with Director) |
"A person in a special relationship determined by Presidential Decree” in the proviso to Article 27 (2) of the Act means a person who has a relationship falling under any of Article 9 (1) 2 through 5 with a director of a dissolved foundation. [This Article Wholly Amended by Presidential Decree No. 24020, Aug. 3, 2012]
| Article 11 (Mergers of Social Welfare Foundation) |
| (1) | When a foundation intends to get an approval for merger pursuant to Article 30 of the Act, it shall submit an application for approval of merger of foundation by attaching the articles of association of a social welfare foundation surviving the merger or of a social welfare foundation newly incorporated in the course of the merger and the documents prescribed by Ordinance of the Ministry of Health and Welfare (including a submission by electronic documents) to the Mayor/Do Governor (referring to the Minister of Health and Welfare in case of a merger pursuant to the proviso of Article 30 (1) of the Act). <Amended by Presidential Decree No. 16589, Oct. 30, 1999; Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20506, Dec. 31, 2007; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012> |
| (2) | Where a foundation intends to establish a new social welfare foundation in the course of merger, the establishment members designated by the relevant social welfare foundations, five members for each, shall jointly conduct affairs regarding the establishment of the social welfare foundation, including preparation of the articles of association. <Amended by Presidential Decree No. 18501, Jul. 30, 2004> |
| Article 12 (Affairs of Korea National Council, Etc. on Social Welfare) |
"Social welfare programs prescribed by Presidential Decree” in Article 33 (1) 4 of the Act means the programs and affairs falling under the following: | 1. | Education and training regarding social welfare; |
| 2. | Collection of data and publication regarding social welfare; |
| 3. | Enlightenment and public relations regarding social welfare; |
| 4. | Promotion of volunteer activities; |
| 5. | Creation of culture of donation for social welfare programs; |
| 6. | Education and training, and enhancement of welfare of persons engaged in social welfare programs; |
| 7. | Introduction of scholarship regarding social welfare and interchange with international social welfare groups; |
| 8. | Affairs regarding social welfare entrusted by the Minister of Health and Welfare [only referring to the Central Council pursuant to Article 33 (1) of the Act (hereinafter referred to as “Central Council”)]; |
| 9. | Affairs regarding social welfare entrusted by the Mayor/Do Governor and the Central Council [only referring to City/Do Council pursuant to Article 33 (1) of the Act (hereinafter referred to as “City/Do Council”)]; |
| 10. | Affairs regarding social welfare entrusted by the Mayor/Do Governor, the head of Si/Gun/Gu, the Central Council and City/Do Council [only referring to Si/Gun/Gu Council pursuant to Article 33 (1) of the Act (hereinafter referred to as “Si/Gun/Gu Council”)]; |
| 11. | Other matters prescribed in the articles of incorporation of the Central Council, City/Do Council and Si/Gun/Gu Council for the attainment of its purpose. |
[This Article Wholly Amended by Presidential Decree No. 24020, Aug. 3, 2012]
| Article 13 (Members of Central Council, Etc.) |
| (1) | Any of the persons falling under any of the following may be the member of the Central Council: <Amended by Presidential Decree No. 18501, Jul. 30, 2004> |
| 1. | The head of City/Do Council; |
| 2. | A representative of non-profit foundation related to social welfare foundations and social welfare programs; |
| 3. | Any person who represents the economic, media, religious, judicial, cultural, educational and health and medical circles, etc.; |
| 4. | Other persons recommended by the head of the Central Council and deemed necessary for carrying out the social welfare program. |
| (2) | Any person falling under any of the following may be the member of City/Do Council: <Amended by Presidential Decree No. 18501, Jul. 30, 2004> |
| 1. | The head of Si/Gun/Gu Council; |
| 2. | A representative of non-profit foundation related to social welfare foundations and social welfare programs, whose main office locates in the relevant area; |
| 3. | Any person who represents the economic, media, religious, judicial, cultural, educational and health and medical circles, etc. of the relevant area; |
| 4. | Other persons recommended by the head of City/Do Council for the development of welfare of local community. |
| (3) | Any person falling under any of the following may be the member of Si/Gun/Gu Council: <Newly Inserted by Presidential Decree No. 18501, Jul. 30, 2004> |
| 1. | Executive officers and staff of non-profit foundation, related to social welfare foundations and social welfare programs, whose main office locates in the relevant area; |
| 2. | An employee of the social welfare facility whose main office locates in the relevant area; |
| 3. | Any person who represents the economic, media, religious, judicial, cultural, educational and health and medical circles, etc. of the relevant area; |
| 4. | Other persons recommended by the head of Si/Gun/Gu Council for the development of welfare of local community. |
| Article 14 (Executive Officers) |
| (1) | The Central Council, City/Do Councils, and Si/Gun/Gu Councils (hereinafter referred to as the "Council”) shall have at least 15 and not more than 30 directors, including one representative director and two auditors, as its executive officers. <Amended by Presidential Decree No. 18501, Jul. 30, 2004> |
| (2) | The term of office of the directors and auditors shall be three years, which may be renewed respectively. |
| (3) | Necessary matters concerning the method of appointing executive officers and the qualification requirements therefor shall be prescribed by the articles of incorporation. |
| Article 15 (Board of Directors) |
| (1) | Each council shall have a board of directors comprising directors. |
| (2) | The board of directors shall deliberate or resolve on important matters regarding affairs of each council as prescribed by articles of incorporation. |
| (3) | The representative director shall call a meeting of the board of directors and become the chairperson thereof. |
| (4) | An auditor may attend the meeting of the board of directors and state his/her opinions. |
| (5) | Necessary matters concerning the operation of the board of directors shall be prescribed by the articles of association. |
| Article 16 Deleted. <by Presidential Decree No. 16589, Oct. 30, 1999> |
| Article 17 (Operation Expenses of Each Council) |
The operating expenses of each council shall be covered by the membership fees of the members, subsidies of the State and a local government, business income and other incomes.
| Article 18 (Mutual Cooperation) |
Each Council shall mutually cooperate to facilitate of its affairs.
| Article 18-2 Deleted. <by Presidential Decree No. 28821, Apr. 24, 2018> |
| Article 18-3 (Obligation to Purchase Insurance) |
The scope of social welfare facilities which shall purchase liability insurance or enter into a liability mutual aid agreement pursuant to Article 34-3 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 24020, Aug. 3, 2012> | 2. | Social welfare centers; |
| 3. | Nursing facilities for tuberculosis and leprosy. |
[This Article Newly Inserted by Presidential Decree No. 16903, Jul. 10, 2000]
| Article 18-4 (Safety Inspection, etc. of Facilities) |
| (1) | The scope of social welfare facilities subject to safety inspections pursuant to Article 34-2 of the Act shall be as follows: <Amended by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 24020, Aug. 3, 2012> |
| 2. | Social welfare centers; |
| 3. | Nursing facilities for tuberculosis and leprosy. |
| (2) | The head of the social welfare facility pursuant to paragraph (1) (hereafter referred to as “facility” in this Article) shall conduct a regular safety inspection every six months as prescribed by the Minister of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (3) | Where the structure and equipment safety of the relevant facility is weak, as a result of the regular safety inspection pursuant to paragraph (2), which raises concerns about harms therefrom, the head of the facility shall have a safety inspection institution, falling under any of the following, conduct a frequent safety inspection, according to the guidelines on safety inspection, etc. prescribed in Article 21 of the Special Act on the Safety Control and Maintenance of Establishments: <Amended by Presidential Decree No. 21093, Oct. 28, 2008; Presidential Decree No. 28586, Jan. 16, 2018> |
[This Article Newly Inserted by Presidential Decree No. 16903, Jul. 10, 2000]
| Article 19 (Facilities Accommodating More Than Three Hundred Residents) |
Social welfare facilities which are allowed to accommodate more than three hundred residents pursuant to the proviso to Article 41 of the Act shall be facilities falling under any of the following: <Amended by Presidential Decree No. 25856, Dec. 16, 2014> | 3. | Social welfare facilities deemed as appropriate to the standards determined and announced by the Minister of Health and Welfare by considering the type of social welfare facility by the head of Si/Gun/Gu, number of social welfare facilities by area, demand for social welfare service by area and by type, and number of persons that engage in social welfare program, etc. |
[This Article Wholly Amended by Presidential Decree No. 21093, Oct. 28, 2008]
| Article 20 (Subsidies, etc.) |
"Persons prescribed by Presidential Decree” in Article 42 (1) of the Act means persons falling under any of the following: <Amended by Presidential Decree No. 24020, Aug. 3, 2012> | 1. | Social welfare foundations; |
| 2. | Non-profit foundations conducting social welfare program; |
| 3. | Individuals establishing and operating a social welfare facility to accommodate individuals in need of protection of social welfare facilities or for child care, consulting or support for self-reliance. |
| Article 21 (Recovery of Expenses) |
| (1) | When the expenses are recovered pursuant to Article 44 of the Act, a basis for the calculation shall be specified and notified in writing: Provided, That where the individual in receipt of benefits is a recipient of assistances under the National Basic Living Security Act, the expenses shall not be recovered. <Amended by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 21093, Oct. 28, 2008; Presidential Decree No. 24020, Aug. 3, 2012> |
| (2) | Necessary matters concerning the method and procedure of recovering expenses pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 22 (Affairs of Korea Association of Social Workers) |
The association shall conduct affairs falling under each of the following: <Amended by Presidential Decree No. 17814, Dec. 26, 2002; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010>
| 1. | Development and distribution of specialized knowledge and skill regarding social workers; |
| 2. | Education and training to enhance the professionalism of social workers; |
| 3. | Investigation and research, holding symposiums and public relations and publication business regarding social workers system; |
| 4. | Exchange and cooperation with international social workers organization; |
| 5. | Affairs regarding social welfare program entrusted by the Minister of Health and Welfare; |
| 6. | Other matters necessary for achieving the objectives of the association. |
| Article 23 (Members of Association) |
The members of the association shall be persons to whom social worker certificate was issued. <Amended by Presidential Decree No. 24020, Aug. 3, 2012>
| Article 24 (Provisions Applicable Mutatis Mutandis) |
Articles 14, 15 and 17 shall apply mutatis mutandis to the members, board of directors and operation expenses of the association. In such cases, “each council” shall be construed as “association.” <Amended by Presidential Decree No. 24020, Aug. 3, 2012>
| Article 24-2 (Publishing Information Relevant to Disposition) |
| (1) | Where the Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu takes any of the following dispositions pursuant to Article 51 (5) of the Act, he/she may publish information relevant to the disposition considering the causes, degree, frequencies and consequences of the disposition: <Amended by Presidential Decree No. 28821, Apr. 24, 2018> |
| (2) | In order to publish information relevant to the disposition pursuant to paragraph (1), the Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu shall publish information relevant to the disposition pursuant to paragraph (1) by posting the following matters on the website of the relevant administrative office for not more than six months, and if necessary, by putting such matters in the newspaper referred to in subparagraph 1 of Article 2 of the Act on the Promotion of Newspapers, Etc.: <Amended by Presidential Decree No. 28821, Apr. 24, 2018> |
| 1. | Title stating the publication of the administrative disposition on the social welfare foundation or social welfare facility; |
| 2. | Name and location of the social welfare foundation or social welfare facility; |
| 3. | Statutory grounds for the disposition and relevant statutes; |
| 4. | Details and date of the disposition. |
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
| Article 24-3 (Scope of Affairs and Authority of Persons Entrusted) |
| 1. | Provision of specialized knowledge regarding the inspection of matters reported to or the relevant documents, etc. submitted to the organization providing guidance and supervision pursuant to Article 51 (1) of the Act; |
| 2. | Consultation on inspection or inquiry of the public officials belonging to the organization that provides guidance and supervision pursuant to Article 51 (1) of the Act. |
| (2) | The person entrusted with the affairs pursuant to paragraph (1) may enter the office of social welfare foundation or social welfare facility accompanied by the relevant public official. In such cases, he/she shall carry a certificate indicating the authority and show it to the relevant persons. |
[This Article Newly Inserted by Presidential Decree No. 24020, Aug. 3, 2012]
| Article 25 (Entrustment of Authority) |
| (1) | Deleted. <by Presidential Decree No. 24020, Aug. 3, 2012> |
| (2) | Pursuant to Article 52 (2) of the Act, the Minister of Health and Welfare may entrust the duties of collecting, managing and keeping data and of filing a request for data with relevant institutions and organizations under Article 6-2 (2) of the Act to an exclusive organization under paragraph (5) of the same Article (hereinafter referred to as "exclusive organization"): <Newly Inserted by Presidential Decree No. 21864, Nov. 30, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 28821, Apr. 24, 2018> |
| 1. | and 2. Deleted. <by Presidential Decree No. 28821, Apr. 24, 2018> |
| (3) | Pursuant to Article 52 (2) of the Act, the Minister of Health and Welfare shall entrust the affairs of supporting and promoting voluntary activities under Article 9 of the Act to the Central Council, and the affairs of issuing certificates of social workers under Article 11 of the Act to the Association. <Amended by Presidential Decree No. 16589, Oct. 30, 1999; Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (4) | Pursuant to Article 52 (2) of the Act, the Minister of Health and Welfare may entrust the following affairs to the non-profit corporation specialized in social welfare guidance and training or facility evaluation, to which the Government has partially contributed establishment and operation funds: <Newly Inserted by Presidential Decree No. 18501, Jul. 30, 2004; Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24020, Aug. 3, 2012> |
| Article 25-2 (Management of Sensitive Information and Personally Identifiable Information) |
| 2. | Support for and promotion of voluntary activities for social welfare programs pursuant to Article 9 of the Act; |
| 6. | Administration of national qualification examinations for social workers pursuant to Article 12 of the Act; |
| 11. | Deleted. <by Presidential Decree No. 28821, Apr. 24, 2018> |
| (2) | The Minister of Health and Welfare (including persons entrusted with the affairs of the Minister of Health and Welfare pursuant to Article 25), the head of a local government (including persons delegated or entrusted with the authority, if delegated or entrusted) or persons providing services to any individual in need of protection pursuant to Article 5-2 of the Act, may process health information pursuant to Article 23 of the Personal Information Protection Act, criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, or information containing resident registration numbers, passport numbers or alien registration numbers pursuant to subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the same Act, if it is inevitable to conduct the following affairs: <Amended by Presidential Decree No. 24020, Aug. 3, 2012; Presidential Decree No. 28821, Apr. 24, 2018> |
| 3. | through 7. Deleted. <by Presidential Decree No. 28821, Apr. 24, 2018> |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 25-3 (Review of Regulations) |
The Minister of Health and Welfare shall review the validity of the standards for qualification of social workers by grade pursuant to Article 2 (1) and attached Table 1 on a three-yearly basis (referring to a period until January 1 of the base date of the year which becomes every three years) based on January 1, 2014, and take measures, such as improvements. [This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 26 (Imposition and Collection of Fines for Negligence) |
Standards for imposing fines for negligence pursuant to Article 58 of the Act shall be as provided in attached Table 4. [This Article Wholly Amended by Presidential Decree No. 21093, Oct. 28, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 through 5, and attached Tables 2 and 3 shall enter into force on January 1, 2013. Article 2 (Special Cases, etc. concerning Qualification Standard of Social Welfare Workers)
| (1) | Notwithstanding the amended provision of Article 2 (1) and attached Table 1, the qualification standard for social welfare workers by grade until December 31, 2002 shall be as provided for in attached Table 1. |
| (2) | Notwithstanding the proviso to item (a) of the Grade 1 social welfare worker column of attached Table 1-2, the former proviso shall apply to any person who majors in social welfare studies or social work studies in graduate schools under the Higher Education Act at the time this Decree enters into force, until December 31, 2002. <Amended by Presidential Decree No. 16589, Oct. 30, 1999> |
| (3) | Any person who falls under subparagraph 1 of the Grade 2 social welfare worker column of attached Table and under subparagraph 1 of the Grade 3 social welfare worker column of the same attached Table shall be deemed falling under item (c) of the Grade 1 social welfare worker column of attached Table 1-2 and under item (a) of the Grade 2 social welfare worker column of the same attached Table, until December 31, 2002. <Amended by Presidential Decree No. 16589, Oct. 30, 1999> |
Article 3 (Transitional Measures concerning Employment of Social Welfare Workers)
Where any person who established and operated social welfare foundation or social welfare facility have a person, other than a social welfare worker, engaged in the affairs falling under each subparagraph of Article 6 (1) at the time this Decree enters into force, he/she shall within three years from the date of promulgation of this Decree employ a social welfare worker and have the worker that engage in the relevant affairs. Article 4 (Special Cases on Issuance of Certificate of Social Workers)
Notwithstanding the amended provision of Article 25 (2), the Central council shall issue certificates of social workers until December 31, 1998. Article 5 (Transitional Measures Concerning Term of Office of Executive Officers of Korea National Council on Social Welfare)
Notwithstanding the former provisions, the terms of office of executive officers of Korea National Council on Social Welfare at the time this Decree enters into force shall be until the date of registration of the executive officers appointed at the general meeting formed in accordance with the articles of incorporation which was authorized to be amended pursuant to Article 5 of the Addendum of the Act.
ADDENDUM <Presidential Decree No. 16589, Oct. 30, 1999>
This Decree shall enter into force on November 1, 1999.
ADDENDUM <Presidential Decree No. 16903, Jul. 10, 2000>
This Decree shall enter into force on July 13, 2000: Provided, That the
amended provisions of Article 18-2 and subparagraph 4 of attached Table 4 shall enter into force on January 13, 2003.
ADDENDUM <Presidential Decree No. 17814, Dec. 26, 2002>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of attached Tables 1 and 3 shall enter into force on January 1, 2003.
ADDENDA <Presidential Decree No. 18501, Jul. 30, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2004: Provided, That the amended provisions of Article 7-2 through 7-4 shall enter into force on July 31, 2005. Article 2 (Transitional Measures concerning Persons in Special Relationship)
Notwithstanding the amended provision of Article 9, the former provisions shall apply to the board of directors of the social welfare foundation formed pursuant to the former provision as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Delegation and Entrustment of Authority)
| (1) | The permission and authorization by the Minister of Health and Welfare to social welfare foundation pursuant to the former provisions at the time this Decree enters into force shall be deemed that by a Mayor/Do Governor pursuant to the amended provision. |
| (2) | Any application, etc. for the permission of incorporation of social welfare foundation and application for the authorization of amendment of articles of incorporation, which is on application with the Minister of Health and Welfare at the time this Decree enters into force, shall be deemed an application with a Mayor/Do Governor pursuant to the amended provision. |
| (3) | Any person who was entrusted with the affairs of guidance and training of workers of social welfare program pursuant to the former provision at the time this Decree enters into force shall be deemed being entrusted thereof pursuant to the former provision of Article 25 (3) pursuant to the amended provision. |
Article 4 (Transitional Measures concerning Fines for Negligence)
The former provision shall apply to the application of the fines for negligence against the acts committed before this Decree enters into force.
Article 5 (Special Cases concerning Standards for Qualification and Qualifications for Examination of Social Welfare Workers)
Notwithstanding the amended provision of attached Tables 1 and 3, the former provision shall apply to any person who majors in social welfare study or social work study in graduate schools under the Higher Education Act at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 18553, Sep. 23, 2004>
| (1) | (Enforcement Date) This Decree shall enter into force on September 23, 2004. |
ADDENDUM <Presidential Decree No. 20356, Oct. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 21093, Oct. 28, 2008>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 and attached Table 4 shall enter into force on January 1, 2009.
ADDENDUM <Presidential Decree No. 21864, Nov. 30, 2009>
This Decree shall enter into force on December 1, 2009.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22568, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22924, May 12, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 (Applicability concerning Public Announcement of Examination)
Matters of amending the period of public announcement of examination, etc. among this Decree shall begin applying to the examination conducted after January 1, 2013.
ADDENDA <Presidential Decree No. 24020, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012: Provided, That the amended provisions of Articles 8-2 and 10 shall enter into force on January 27, 2013. Article 2 (Transitional Measures concerning Scope of Persons in Special Relationship)
Notwithstanding the amended provision of Article 9 (1) 2, the former provision shall apply to the special relationship on directors (including auditors) of social welfare foundation appointed pursuant to the former provision at the time this Decree enters into force. Article 3 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 25856, Dec. 16, 2014>
This Decree shall enter into force on the date of its promulgation
ADDENDA <Presidential Decree No. 25918, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26364, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015.
Articles 2 through 3 Omitted.
ADDENDUM <Presidential Decree No. 27437, Aug. 3, 2016>
This Decree shall enter into force on August 4, 2016.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. <Proviso Omitted>
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28821, Apr. 24, 2018>
This Decree shall enter into force on April 25, 2018: Provided, That the amended provisions of attached Table 1 shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29250, Oct. 23, 2018>
This Decree shall enter into force on October 25, 2018.