ENFORCEMENT DECREE OF THE ACT ON THE USE AND PROVISION OF SOCIAL SECURITY BENEFITS AND SEARCH FOR ELIGIBLE BENEFICIARIES
Presidential Decree No. 26364, jun. 30, 2015
Amended by Presidential Decree No. 26651, Nov. 18, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27616, Nov. 29, 2016
Presidential Decree No. 27793, Jan. 17, 2017
Presidential Decree No. 28074, May 29, 2017
Presidential Decree No. 28238, Aug. 9, 2017
Presidential Decree No. 28318, Sep. 19, 2017
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29750, May 7, 2019
| Article 2 (Methods for Application and Notification of Social Security Benefits) |
| (2) | Where a person in charge of affairs in a livelihood security agency notifies the matters specified in Article 5 (3) of the Act, to an applicant or a person in need of support pursuant to the same paragraph, he/she shall make such notification in writing (including electronic documents): Provided, That when it is impractical to make a written notification (including electronic documents), such notification may be made by telephone, oral guidance, etc. |
| Article 3 (Investigation of Eligibility for Beneficiaries) |
| (1) | In any of the following cases, pursuant to the proviso to Article 7 (1) of the Act, an investigation need not be conducted on income, property, ability to work, and employment status prescribed in subparagraph 2 of the same paragraph: |
| 1. | Where a person in need of support is receiving social security benefits under other statutes, and thus, it is possible to determine the provision of social security benefits only by the proof of his/her eligibility; |
| 2. | Where it is possible to determine the provision of social security benefits only by verifying the health status of a person in need of support using a medical certificate, etc.; |
| 3. | Other cases where it is deemed unnecessary by the head of a livelihood security agency to conduct an investigation on income, property, ability to work and employment status. |
| (2) | “Networks or data prescribed by Presidential Decree, including resident registration electronic data; family relationship registration electronic data; finance, national tax, local tax; land, buildings, health insurance, national pension, employment insurance, industrial accident compensation insurance, entry into and departure from the Republic of Korea, military affairs, veterans' benefits, correctional affairs, etc.” referred to in the former part of Article 7 (4) of the Act means the networks or data in accordance with attached Table 1. <Amended by Presidential Decree No. 28238, Aug. 9, 2017> |
| Article 4 (Financial Information, Credit Information and Insurance Information) |
| (1) | “Average bank account balance and other data or information prescribed by Presidential Decree” referred to in Article 8 (1) 1 of the Act means the following data or information (hereinafter referred to as “financial information”): |
| 1. | Demand deposits, such as ordinary deposits, savings accounts, free savings accounts, and foreign currency deposits: The average balance within the past three months; |
| 2. | Savings deposits, such as term deposits, installment deposits, installment and savings: The account balance or the total amount deposited; |
| 3. | Shares, beneficiary certificates, investments, investment equities, and real estate (pension) trusts: Final quotations; |
| 4. | Bonds, notes, checks, certificates of debt, certificates of preemptive right to new stocks, and negotiable certificates of deposit: Face value amounts; |
| 5. | Pension savings: The amount paid regularly or final balance; |
| 6. | Amount of interest, dividends or discounts generated from any financial property prescribed in subparagraphs 1 through 5. |
| (2) | “Amount of debt and other data or information prescribed by Presidential Decree” referred to in Article 8 (1) 2 of the Act means the following data or information (hereinafter referred to as “credit information”): |
| 1. | Loans and details of arrearage; |
| 2. | Unsettled credit card balance. |
| (3) | “Insurance premiums ... and other data or information prescribed by Presidential Decree” referred to in Article 8 (1) 3 of the Act means the following data or information (hereinafter referred to as “insurance information”): <Amended by Presidential Decree No. 28238, Aug. 9, 2017> |
| 1. | Insurance policies: The amount refundable if the insurance policy is terminated, or the insurance money paid within the past one year; |
| 2. | Pension insurance: The amount refundable if the insurance policy is terminated, or the amount paid regularly; |
| 3. | Interest or dividends generated from each of the amounts specified under subparagraphs 1 and 2. |
| Article 5 (Provision, etc. of Financial Information) |
| 1. | The name and resident registration number of a person in need of support and his/her obligatory providers (referring to his/her spouse, and lineal blood relatives within the first degree of kinship and their spouses); |
| 2. | The scope of financial information, etc., that he/she requested, and the base date for and period of inquiry. |
| (2) | The head of a financial institution, etc., who is requested to provide financial information, etc. under paragraph (1), shall provide the Minister with the relevant financial information, etc., including the following matters: |
| 1. | The name and resident registration number of a person in need of support and his/her obligatory providers; |
| 2. | The name of a financial institution, etc., providing the financial information, etc.; |
| 3. | The name and account number of a financial product subject to information disclosure; |
| 4. | Details of the financial information, etc. |
| (3) | The Minister of Health and Welfare may request the head of a financial institution, etc. to provide financial information, etc., referred to in paragraphs (1) and (2) through the information and communications network of an association, federation, or national federation joined by the relevant financial institution, etc. |
| Article 6 (Notification of Determination to Provide Social Security Benefits) |
| (1) | Where the head of a livelihood security agency notifies an applicant of his/her determination as to whether to provide social security benefits, the type of provision, the obligation to report changed matters, etc. under Article 9 (3) of the Act, he/she shall give notification within 30 days from the date the relevant application for social security benefits is filed, except as otherwise expressly provided for in other statutes. |
| (2) | Notwithstanding paragraph (1), where any special ground exists for requiring more time for an investigation to be conducted under Articles 6 and 7 of the Act, the head of a livelihood security agency may give notification, specifying the ground therefor within 60 days from the date of the relevant application for social security benefits is filed. |
| Article 6-2 (Standards for Search for Households in Critical Situations) |
| 1. | A household whose primary income earner committed suicide; |
| 2. | A household that consists of a suicide survivor who is likely to commit suicide; |
| 3. | A household that consists of a suicide attempt survivor who is likely to re-commit suicide; |
| 4. | Any other household that is deemed to be in financial hardship or deemed unable to engage in normal economic activities because any of whose members committed or attempted suicide. |
[This Article Newly Inserted by Presidential Decree No. 29750, May 7, 2019]
| Article 7 (Institutions, etc. to Cooperate, Such as Sharing of Information, etc. for Locating Persons in Need of Support) |
“Other institutions, corporations, organizations, and facilities prescribed by Presidential Decree” specified in subparagraph 8 of Article 11 of the Act means the following institutions, corporations, organizations, and facilities: | 4. | The Korea Electric Power Corporation specified in Article 2 of the Korea Electric Power Corporation Act; |
| 5. | Other institutions, corporations, organizations, and facilities which are determined by the head of a livelihood security agency for locating persons in need of support after consultation with the social security information council operated under Article 28 (2) of the Act (hereinafter referred to as “social security information council”). |
| Article 8 (Management, etc. of Data or Information) |
| (1) | “Information on defaults ... meeting the criteria prescribed by Presidential Decree” referred to in Article 12 (1) 6 of the Act means information on defaults where the accrued default amount is at least one million won and up to ten million won over two years from the date of a request for provision of the relevant information as of the date of such request. <Newly Inserted by Presidential Decree No. 28318, Sep. 19, 2017> |
| (2) | “Information prescribed by Presidential Decree” referred to in Article 12 (1) 7 of the Act means information specified in attached Table 2. <Amended by Presidential Decree No. 28238, Aug. 9, 2017; Presidential Decree No. 28318, Sep. 19, 2017> |
| (3) | “Corporations, organizations, or facilities prescribed by Presidential Decree” provided for in Article 12 (3) of the Act means the following corporations, organizations, or facilities: |
| 2. | Other corporations, organizations, or facilities determined by the Minister of Health and Welfare to eliminate social security blind spots through consultation with the social security information council. |
| Article 9 (Formulation, Implementation, etc. of Support Plans) |
| (1) | Where the head of a livelihood security agency formulates a plan for providing social security benefits by eligible beneficiary under Article 15 (1) of the Act (hereafter in this Article referred to as “support plan”), he/she shall comprehensively take into account the financial conditions, family conditions, health conditions, etc. of an eligible beneficiary. |
| (2) | The head of a livelihood security agency shall formulate a support plan in compliance with the form prescribed by Ordinance of the Ministry of Health and Welfare, and depending on the characteristics of an eligible beneficiary, his/her welfare needs, and the characteristics of social security benefits and the institution that provides them, the head of a livelihood security agency may add necessary contents. |
| (3) | “Corporations, organizations, or facilities prescribed by Presidential Decree” provided for in Article 15 (4) of the Act means the following corporations, organizations, or facilities: |
| 2. | Other corporations, organizations, or facilities determined by the head of a livelihood security agency, through consultation with the social security information council, to implement a support plan. |
| Article 10 (Methods for Raising Objections, Handling Procedures, etc.) |
| 1. | The name, address, and contact information of an applicant (when an applicant is a corporation or organization, it means the name of such corporation or organization, the name of its representative, and the address and contact information of its business office or place of business); |
| 2. | Details of the disposition against which the objection has been raised; |
| 3. | The purpose and ground for raising the objection; |
| 4. | The date the applicant is notified of the disposition. |
| (2) | Where the head of a livelihood security agency intends to notify the result of his/her determination regarding an objection raised under Article 17 (2) of the Act, he/she shall do so in writing, specifying the following matters in detail: |
| 1. | Result of his/her decision regarding the objection which has been raised; |
| 2. | Reasons for his/her decision regarding the objection which has been raised; |
| 3. | Methods and procedures for filing a complaint against the original disposition (limited to cases where an objection is rejected). |
| (3) | Where the head of a livelihood security agency intends to notify the extension of the period for making a decision regarding an objection under the proviso to Article 17 (2) of the Act, he/she shall describe in detail the reason for such extension, the extended period, etc. on the written notification. |
| Article 11 (Recovery of Social Security Benefits) |
| (1) | Where the head of a livelihood security agency intends to recover social security benefits under Article 22 of the Act, he/she shall recover the social security benefits actually provided, and in any of the following cases, the head of a livelihood security agency shall recover an equivalent value according to the following classification: <Amended by Presidential Decree No. 28318, Sep. 19, 2017> |
| 1. | When it is not possible to recover the object which has been provided as social security benefits due to damage, loss, destruction, or any other reason: the value equivalent to the object; |
| 2. | When the object which has been provided as social security benefits is intangible service or the right to use, such as service or facility use: the cost of providing such service or the right to use. |
| (2) | Where any ground for recovery arises, in accordance of Article 22 (3) of the Act, the head of a livelihood security agency shall give written notification, specifying the fact that the reason for redemption has arisen, the object of redemption, the due date of payment (if the object to be redeemed is goods, it shall refer to the due date for return; hereafter the same shall apply in this Article), the institution for payment (if the object to be redeemed is goods, it shall refer to the institution to which the return is to be made), the method for raising an objection, etc. In this case, the payment period shall be at least 30 days from the date of notification. |
| (3) | Where a person in receipt of notification under paragraph (2) fails to pay social security benefits prescribed in paragraph (1), the value equivalent thereto, or the cost of providing social security benefits within the payment period, the head of a livelihood security agency shall compel the payment, specifying a period of at least 30 days. |
| Article 12 (Social Security Information) |
“Other data or information prescribed by Presidential Decree” under Article 23 (1) 7 of the Act means the following data or information: <Amended by Presidential Decree No. 28318, Sep. 19, 2017> | 1. | Contact information including telephone number, and e-mail address necessary for locating a person in need of support under Article 12 of the Act and Article 8 (2) of this Decree; |
| 8. | Other information recognized as necessary and publicly notified by the Minister of Health and Welfare for the provision and management of social security benefits and the establishment and operation of the social security information system. |
| Article 13 (Methods and Procedures for Management of Social Security Information) |
| (1) | In order to manage social security information (referring to the social security information managed under Article 23 (1) of the Act; hereinafter the same shall apply) by using the social security information system referred to in Article 23 (1) of the Act, the Minister of Health and Welfare shall determine standardized business procedures concerning the following: |
| 1. | Matters related to information management according to the procedures for providing social security benefits, such as consultation, application, investigation, decision, benefits, and follow-up management; |
| 2. | Matters related to information linkage, such as linking the social security information system to the business operation system under the jurisdiction of the head of an information-holding institution, or the business operation system under the jurisdiction of the head of a livelihood security agency, which is necessary to manage social security information; |
| 3. | Matters related to managing the right to access the social security information system for the protection of personal information and the security of information. |
| (2) | Necessary detailed matters concerning the standardized business procedures provided for in paragraph (1) shall be determined by the Minister of Health and Welfare. |
| Article 14 (Scope, Methods, Procedures, etc. for Using Social Security Information System) |
| (1) | The head of a livelihood security agency who intends to use the social security information system or use it in conjunction with other business operation systems under his/her jurisdiction pursuant to Article 24 (1) of the Act shall submit an application to use the social security information system, which shall include the following matters, to the Minister of Health and Welfare: |
| 1. | The name of the agency; |
| 2. | The name and scope of social security information that he/she intends to use through the social security information system, and the information-holding institution which holds the information; |
| 3. | The name, purpose, and other details of a business affair that he/she intends to conduct through the social security information system; |
| 4. | The methods for using the social security information system and the plans for ensuring its safety; |
| 5. | Other matters that the Minister of Health and Welfare determines necessary for the use of the social security information system. |
| (2) | Where the Minister of Health and Welfare receives an application pursuant to paragraph (1), he/she shall consult with the head of a livelihood security agency, taking into account whether the business affair for which the application is filed, falls under any of the following: |
| 1. | Whether the business affair is related to social security benefits; |
| 4. | Whether an appropriate budget for the further development of the social security information system has been compiled; |
| 5. | Whether an appropriate development period required for the further development of the social security information system has been considered; |
| 6. | Whether measures have been prepared regarding the security and safety of the social security information system; |
| 7. | Whether the business affair complies with any other matters, including modification of a system of the livelihood security agency and the possibility of linkage, determined by the Minister of Health and Welfare as necessary for consultation on the use of the social security information system. |
| (3) | Where it is necessary for consultation on the use of the social security information system or use in conjunction with the social security information system under paragraph (2), the Minister of Health and Welfare shall include the following scope of use in the subject matter for consultation: |
| 1. | Restrictions on the scope of social security information to be used; |
| 2. | Restrictions on the scope and the access rights of users of the social security information system; |
| 3. | The methods of using the social security information system, the means of providing social security information, and the social security information delivery system; |
| 4. | Securing the budget, facilities and human resources necessary for using the social security information system; |
| 5. | The methods of configuring, and the details of, the information and communications network, information protection system, etc. of the social security information system; |
| 6. | The plans for protecting information in the social security information system; |
| 7. | The methods for paying fees, etc. when the payment of fees, etc. is required for using the social security information. |
| (4) | Where consultation on the use of the social security information system or use in conjunction with the social security information system is completed under paragraphs (2) and (3), the Minister of Health and Welfare shall notify the results of such consultation to the institution that has filed the relevant application and the institution that holds the relevant information, respectively. |
| (5) | Detailed matters concerning the procedures for consulting on the use of the social security information system, other than those prescribed in paragraphs (1) through (4), shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (6) | “Corporations, organizations, or facilities prescribed by Presidential Decree” provided for in Article 24 (2) of the Act means the following corporations, organizations, or facilities: |
| 2. | Other corporations, organizations, or facilities determined by the Minister of Health and Welfare to eliminate social security blind spots through consultation with the social security information council. |
| Article 15 (Establishment, etc. of Public Portal) |
| (1) | The Minister of Health and Welfare may investigate and analyze the following matters for the efficient operation and quality control of the online services provided through the Internet-based public portal established under Article 25 (1) of the Act: |
| 1. | Investigation and analysis regarding the current status of social security benefits, such as the name of social security benefits, statutes, budget, target and scale of support, examination of eligibility for beneficiaries and the criteria for selection, unit of security, and delivery system; |
| 2. | Investigation and analysis on the contents and quality of service, such as the analysis of the visit history, and search terms of the users of the public portal. |
| (2) | Where any change occurs with respect to the matters related to social security benefits, such as the new payment or discontinuation of social security benefits on which information is provided through the public portal, the head of a livelihood security agency shall notify such fact to the Minister of Health and Welfare without delay so that the Minister of Health and Welfare can establish and manage the public portal pursuant to Article 25 (1) of the Act. In such cases, the Minister of Health and Welfare shall reflect such notified change in the data or information of the public portal. |
| (3) | The head of a livelihood security agency shall ensure that the social security information provided by livelihood security agencies pursuant to Article 25 (2) of the Act is also available at the public portal. |
| (4) | Where it is necessary for the utilization of social security information through the public portal as provided for in Article 25 (2) of the Act, the application for social security benefits through the public portal filed under paragraph (3) of the same Article, or similar cases, the Minister of Health and Welfare may request provision of necessary information from the relevant central administrative agencies, local governments, and relevant institutions and organizations. |
| (5) | The head of a livelihood security agency who intends to require applications for social security benefits filed through the public portal in accordance with Article 25 (3) of the Act shall consult with the Minister of Health and Welfare in advance regarding the use of the public portal. |
| Article 16 (Social Security information Council) |
| (1) | The social security information council shall consult on and coordinate the following: <Amended by Presidential Decree No. 28318, Sep. 19, 2017> |
| 1. | Matters related to institutions for cooperation, such as the sharing of information for locating persons in need of support under Article 11 of the Act and Article 7 of this Decree; |
| 5. | Matters related to the use of the social security information system under Article 24 (1) of the Act, including the methods and procedures for using the social security information system and the scope of usable social security information; |
| 6. | Matters related to the standardization of various standards, procedures, methods, formats, etc. related to social security information under Article 27 of the Act; |
| 7. | Matters related to support with human resources and subsidization of costs at the time of delegation or entrustment under Article 52 of the Act and the modification of the social security delivery system. |
| (2) | The chairperson of the social security information council shall be a public official holding the position of section chief of the Ministry of Health and Welfare, and its members shall be public officials holding the position of director of the central administrative agency or a local government that uses the social security information system or that is related to the standardization of various standards, procedures, methods, formats, etc. concerning social security information. |
| (3) | The social security information council may, if necessary for consultation, request the attendance of a person with professional knowledge and experience in order to hear his/her opinions. |
| (4) | The social security information council may have subcommittees for each area of its responsibility in order to efficiently conduct consultation and coordination under paragraph (1). |
| (5) | Detailed matters necessary for the composition and operation of the social security information council, other than those prescribed in paragraphs (1) through (4), shall be determined by the Minister of Health and Welfare. |
| Article 17 (Supervision over Social Security Information Institute) |
| (1) | The Minister of Health and Welfare may order the Social Security Information Institute to report regarding its projects or instruct or supervise the Social Security Information Institute by inspecting its projects or property conditions. |
| (2) | If illegality or unfairness is found as a result of the instruction or supervision under paragraph (1), the Minister of Health and Welfare may take necessary measures for supervision, such as demanding correction or ordering the amendment of the articles of association or related by-laws. |
| Article 18 (Designation of Persons in Charge of Information Protection, their Duties, etc.) |
| (2) | Where the head of a livelihood security agency designates, or changes the designation of, a person in charge of information protection under paragraph (1), he/she shall notify the Minister of Health and Welfare thereof without delay. |
| (3) | A person in charge of information protection designated under paragraph (1) shall conduct the following duties: |
| 1. | Designation and management of persons with the authority to access the social security information necessary to perform their duties which is processed using the social security information system; |
| 2. | Security inspection for preventing infringement, etc. of social security information during the use of the social security information system; |
| 3. | Notification to the Minister of Health and Welfare of unusual matters found as a result of inspection conducted under subparagraph 2 as well as the results of counter measures; |
| 4. | Instruction to the employees belonging to the relevant livelihood security agency regarding the use of the social security information system. |
| (4) | Matters necessary for the designation of persons in charge of information protection and their duties, other than those prescribed in paragraphs (1) through (3), shall be determined by the Minister of Health and Welfare. |
| Article 19 (Information Necessary for Protection of Persons in Need of Support) |
| (1) | “Social security information necessary to protect a person in need of support, who shall be prescribed by Presidential Decree” provided for in the proviso to Article 34 of the Act means the following information: |
| 1. | Information related to the beneficiary of social security benefits and his/her obligatory providers; |
| 2. | Information related to the history of receiving social security benefits which needs to be considered when social security benefits are to be paid again after the discontinuation of the payment; |
| 3. | Information related to the history of being admitted to a social welfare facility which needs to be considered when social security benefits are to be paid again after being discharged from a social welfare facility or at the time of the readmission to a social welfare facility; |
| 4. | Information on the workers and the representative of a social welfare facility; |
| 5. | Personal information registered with a livelihood security agency, including being a person with a disability, a person killed or wounded for a just cause, and a Sakhalin Korean, which is essential information for the provision of related social security benefits; |
| 6. | Information on persons who have received social security benefits for their family relationship with the persons specified under subparagraphs 1 through 5 whose information should be retained. |
| (2) | The detailed criteria for and types of information falling under the subparagraphs of paragraph (1) shall be determined and publicly notified by the Minister of Health and Welfare. |
| Article 20 (Procedures for Developing and Period for Submitting Regional Social Security Plans) |
| (1) | In accordance with Article 35 (1) of the Act, the Mayor of the Special Metropolitan City, the Mayor of a Metropolitan City, the Mayor of a Special Self-Governing City, the Governor of a Do, or the Governor of the Special Self-Governing Province (hereinafter referred to as “Mayor/Do Governor”), and the head of a Si (including the head of an administrative Si under Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall formulate a regional social security plan for the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as “City/ Do”), or Si (including an administrative Si established under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City)/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply), comprehensively taking into account the results of regional social security surveys conducted under Article 35 (7) of the Act and the details of projects required for the relevant region. <Amended by Presidential Decree No. 26922, Jan. 22, 2016; Presidential Decree No. 28318, Sep. 19, 2017> |
| (2) | The Mayor of a Special Self-Governing City and the head of a Si/Gun/Gu shall publicly announce the main contents of the draft of a regional social security plan for at least 20 days, and formulate a regional social security plan respectively for the Special Self-Governing City and the Si/Gun/Gu after hearing the opinions of interested persons, including local residents. <Amended by Presidential Decree No. 28318, Sep. 19, 2017> |
| (3) | The head of a Si/Gun/Gu shall submit a Si/Gun/Gu regional social security plan, which has been determined after undergoing deliberation by a regional social security consultative body established under Article 41 (1) of the Act and reporting to the council of the relevant Si/Gun/Gu (in cases of reporting, excluding the head of an administrative Si established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City), to the relevant Mayor/Do Governor by September 30 of the year preceding the year the relevant plan is implemented, and its annual implementation plan by November 30 of the year preceding the year the annual implementation plan is implemented. |
| (4) | A Mayor/Do Governor shall submit a City/Do regional social security plan, determined after undergoing deliberation by the City/Do Social Security Committee established under Article 40 (1) of the Act (hereinafter referred to as the “City/Do Social Security Committee”) and reporting to the council of the relevant City/Do, to the Minister of Health and Welfare by November 30 of the year preceding the year the plan is implemented and its annual implementation plan by January 31 of the year preceding the year the annual implementation plan is implemented. |
| Article 21 (Timing, Methods, etc. of Regional Social Security Surveys) |
| (1) | A regional social security survey specified in Article 35 (7) of the Act (hereinafter referred to as “regional social security survey”) shall be conducted every four years: Provided, That it may be conducted at any time necessary. <Amended by Presidential Decree No. 28318, Sep. 19, 2017> |
| (2) | A regional social security survey shall fully or partially include the following matters: |
| 1. | Matters related to the general characteristics of local residents or households, such as sex, age, and family matters; |
| 2. | Matters related to the economic activities and conditions of local residents or households, such as income, property, and employment; |
| 3. | Matters related to the living conditions of local residents or households such as housing, education, health, and care, and the status of their receipt of social security benefits; |
| 4. | Matters related to the perception and needs that local residents have regarding the use and provision of social security benefits; |
| 5. | Matters related to the experience of using, awareness of, and satisfaction with social security benefits of persons in need of social security benefits including children, women, older persons, persons with disabilities; |
| 6. | Other matters the Minister of Health and Welfare deems necessary for enhancing social security of local residents. |
| (3) | A regional social security survey shall be performed by sampling methods and other methods while statistical data surveys, literature surveys, and similar surveys etc. may be conducted in parallel. |
| (4) | The head of a livelihood security agency may request an institution, corporation, organization, or facility equipped with the expertise, human resources, and equipment related to social security to conduct a regional social security survey. |
| (5) | Necessary matters concerning a regional social security survey, other than those prescribed in paragraphs (1) through (4), shall be prescribed by the Minister of Health and Welfare. |
| Article 22 (Recommendations for Amendment of Regional Social Security Plans) |
“Where ... constitute any of the grounds prescribed Presidential Decree” provided for in the former part of Article 35 (8) of the Act means the following cases: <Amended by Presidential Decree No. 28318, Sep. 19, 2017> | 1. | Where contents of a regional social security plan specified in the former part of Article 35 (1) of the Act (hereinafter referred to as “regional social security plan”) are likely to violate a statute; |
| 3. | Where contents of a regional social security plan fails to reflect the difference between the administrative districts of a relevant local government and the actual living zones of the residents; |
| 4. | Where contents of a regional social security plan extends over at least two local governments, but when no consultation between the relevant local governments has been made; |
| 5. | Where there is a significant imbalance in the contents of the regional social security plans among different local governments; |
| 6. | Other cases recognized as necessary by the Minister of Health and Welfare for the coordination of regional social security plans. |
| Article 23 (Appointment of Public Officials Exclusively in Charge of Social Welfare) |
The Decree on the Appointment of Local Public Officials shall apply to the appointment, etc. of a public official exclusively in charge of social welfare referred to in Article 43 of the Act: Provided, That the appointment, etc. of officials in extraordinary civil service, from among the public officials exclusively in charge of social welfare shall be made in accordance with ordinance of the relevant local government.
| Article 24 (Selection, etc. of Social Security Special Support Zones) |
| (1) | In accordance with Article 48 (1) of the Act, the head of a central administrative agency or a Mayor/Do Governor may select a social security special support zone after taking into account either the level of regional social security indicators, in a specific area, for each field, such as healthcare and social welfare, or the results of the evaluation of a relevant regional social security plan, and after undergoing deliberation by the Social Security Committee established under Article 20 of the Framework Act on Social Security (hereinafter referred to as “Social Security Committee”) or a City/Do Social Security Committee. |
| (2) | The Minister of Health and Welfare may determine regional social security indicators described in paragraph (1), in consultation with the heads of relevant central administrative agencies by June 30 of the year preceding the year a regional social security plan is implemented. |
| (3) | The head of a central administrative agency or a Mayor/Do Governor may establish detailed standards and requirements for the selection of a social security special support zone. |
| (4) | The head of a central administrative agency or a Mayor/Do Governor may conduct a basic investigation on the actual conditions of social security, etc. in the relevant region or request a specialized agency to conduct such investigation, if necessary, to select a social security special support zone. In such cases, the head of a central administrative agency or a Mayor/Do Governor may request that the head of the relevant local government submit data necessary for the basic investigation. |
| (5) | Where the head of a central administrative agency or a Mayor/Do Governor selects a social security special support zone, he/she shall notify the Mayor/Do Governor, and the head of the Si/Gun/Gu, who have jurisdiction over the relevant region of the result of such selection. |
| Article 25 (Support for Social Security Special Support Zones) |
In accordance with Article 48 (1) of the Act, the head of a central administrative agency or a Mayor/Do Governor may provide the following administrative or financial support to a social security special support zone by undergoing deliberation by the Social Security Committee or a City/Do Social Security Committee: | 1. | Subsidization of expenses incurred in conducting a project for strengthening social security; |
| 2. | Support for the establishment of infrastructure for expanding the provision of social security benefits, such as human resources and service providing institutions; |
| 3. | Support for the enhancement of living conditions of local residents and the improvement of regional social security indicators; |
| 4. | Other support the head of a central administrative agency or a Mayor/Do Governor deems necessary to strengthen social security in a social security special support zone. |
| Article 26 (Entrustment of Duties) |
In accordance with Article 51 (2) of the Act, the Minister of Health and Welfare shall entrust the following duties to the Social Security Information Institute: | 4. | Request for the provision of data or information from the heads of relevant central administrative agencies, the heads of local governments, or the heads of related institutions, corporations, organizations, or facilities provided for in the former part of Article 23 (2) of the Act; |
| Article 27 (Standards, Procedures, and Methods for Payment of Monetary Rewards for Reports) |
| (1) | The head of a livelihood security agency that received a report on any of the persons described in the subparagraphs of Article 53-2 (1) of the Act shall determine whether or not to pay a monetary reward after verifying the reported details, and shall notify the person who filed the report (hereinafter referred to as “informant”) of his or her determination. In this case, the head of the livelihood security agency shall give a notification to an informant after ordering a social security benefit to be recovered under Article 22 (1) of the Act. |
| (2) | The head of a livelihood security agency shall pay a monetary reward to an informant within 60 days of the date on which he or she gives the informant a notification about his or her determination on a monetary reward. |
| (3) | The head of a livelihood security agency shall pay an amount not to exceed 30/100 of an amount ordered to be recovered under Article 22 (1) of the Act to an informant. In this case, the maximum amount of a monetary reward payable to one informant per year (which means a period beginning on January 1 and ending on December 31) shall be 50 million won. |
| (4) | If two persons or more files a report jointly, informants shall designate their representative among themselves and the representative is entitled to receive a monetary reward. |
| (5) | If two or more reports that contain the same details on the same individual are filed, a monetary reward shall be paid to the first informant only. |
| (6) | No monetary rewards shall be paid if any of the following is applicable: |
If the details of a report is already published in the press, etc.;
| 2. | If an inquiry or investigation into the details of a report is underway or a criminal case is pending; |
| 3. | If a monetary reward, etc. was paid for filing a report that contain the same details about the same individual under other statute or regulation; |
| 4. | If the head of a livelihood security agency finds that there is probable cause for not paying a monetary reward. |
| (7) | The head of a livelihood security agency shall recover a monetary reward if he or she finds out any of the following circumstances after paying a monetary reward to an informant: |
If the informant received the payment of a monetary reward by improper means, such as by collecting evidence illegally or fraudulently, filing a false report, making a false statement, or falsifying evidence;
| 2. | If a monetary reward was paid erroneously due to such reasons as mistake. |
| (8) | The head of a livelihood security agency shall publicize the matters related to unlawful receipt and the system for monetary rewards for reports by such means as posting on the website of the livelihood security agency under Article 53-2 (2) of the Act. In this case, the head of the livelihood security agency may request cooperation in publicizing the matters related to unlawful receipt and the system for monetary rewards for reports from the heads of related agencies, cooperations, associations, and establishments. |
| (9) | A public official of a livelihood security agency that is involved in the payment of monetary rewards shall not provide or divulge to any other person details about reports, including the identity of an informant. |
| (10) | Except as provided in paragraphs (1) through (9), detailed standards, methods, and procedures for the payment of monetary rewards, and other necessary matters shall be determined by the head of each livelihood security agency. |
[This Article Newly Inserted by Presidential Decree No. 29750, May 7, 2019]
| Article 28 (Management of Sensitive Information and Personally Identifiable Information) |
| 2. | Business affairs related to investigation on the demand for social security under Article 6 of the Act; |
| 3. | Business affairs related to investigation of eligibility for social security benefits under Article 7 of the Act; |
| 4. | Business affairs related to request for the provision of financial information, etc. under Article 8 of the Act; |
| 5. | Business affairs related to determination to provide social security benefits under Article 9 of the Act; |
| 7. | Business affairs related to formulation and implementation of a support plan under Article 15 of the Act; |
| 8. | Business affairs related to consultation, guidance, or requests provided or made for eligible beneficiaries under Article 16 of the Act; |
| 10. | Business affairs related to investigations to verify the appropriateness of social security benefits under Article 19 of the Act; |
| 11. | Business affairs related to reporting on changed matters made by a beneficiary under Article 20 of the Act; |
| 12. | Business affairs related to modification or suspension of social security benefits under Article 21 of the Act; |
| 15. | Business affairs related to using the social security information system under Article 24 of the Act; |
| 17. | Business affairs related to maintaining accuracy in social security information under Article 26 of the Act. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015.
Article 2 Omitted.
Article 3 (Relationship to Other Statutes)
Where the provisions of the Enforcement Decree of the Social Welfare Services Act are cited in other statutes as at the time this Decree enters into force, if this Decree includes corresponding provisions, such corresponding provisions shall be deemed cited in lieu of the former provisions.
ADDENDA <Presidential Decree No. 26651, Nov. 18, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 19, 2015
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27793, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 20, 2017.
Articles 2 through 5 Omitted.
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.
ADDENDUM <Presidential Decree No. 28238, Aug. 9, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28318, Sep. 19, 2017>
This Decree shall enter into force on September 22, 2017.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDA <Presidential Decree No. 29750, May 7, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 12, 2019: Provided, That the amended provisions of attached Tables 1 and 2 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Article 44 (1) 5 of the Enforcement Decree of the Broadcasting Act)