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ENFORCEMENT DECREE OF THE CHILD BENEFITS ACT

Presidential Decree No. 28895, May 21, 2018

Amended by Presidential Decree No. 29180, Sep. 18, 2018

Presidential Decree No. 29661, Mar. 26, 2019

 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Child Benefits Act and matters necessary for the enforcement thereof.
 Articles 2 and 3 Deleted. <Presidential Decree No. 29661, Mar. 26, 2019>
 Article 4 (Methods and Procedures of Application for Child Benefits)
A person who intends to apply for child benefits pursuant to Article 6 (1) of the Child Benefits Act (hereinafter referred to as the “Act”) shall submit an application for child benefits (including an electronic application) prescribed by Ordinance of the Ministry of Health and Welfare with the following documents (including electronic documents) attached to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu having jurisdiction over a place of domicile of the person entitled to child benefits: <Amended by Presidential Decree No. 29661, Mar, 26, 2019>
1. Deleted; <by Presidential Decree No. 29661, Mar, 26, 2019>
2. Documents verifying personal data of a protector, as prescribed by Ordinance of the Ministry of Health and Welfare;
3. Letter of delegation and documents verifying personal data of an agent, as prescribed by Ordinance of the Ministry of Health and Welfare (limited to cases in which an agent files an application);
4. Other documents necessary to decide whether to pay child benefits, which are determined and publicly notified by the Ministry of Health and Welfare.
 Article 5 Deleted. <by Presidential Decree No. 29661, Mar, 26, 2019>
 Article 6 (Scope and Time of Inspection and Inquiry)
(1) Inspection and inquiry under Article 7 (1) of the Act shall be divided into an inspection of and inquiry into application, and an inspection of and inquiry into verification, and the scope of each shall be as follows:
1. Inspection of and inquiry into application: Inspection of and inquiry into application for child benefits under Article 6 (1) of the Act to decide whether to pay child benefits;
2. Inspection of and inquiry into verification: Inspection and inquiry falling under any of the following:
(a) Inspection and inquiry conducted to verify details of report under Article 15 (1) of the Act;
(b) Inspection and inquiry conducted by official authority to verify whether entitlement to child benefits of an eligible child is changed.
(2) Inspection and inquiry under paragraph (1) shall be conducted at the time specified as following:
1. Inspection of and inquiry into application: When an application for child benefits under Article 6 (1) of the Act is filed;
2. Inspection of and inquiry into verification: When applicable to any of the following:
(a) The time report pursuant to Article 15 (1) of the Act is received;
(b) The time set to inspect and inquire by a plan for inspection and inquiry under paragraphs (3) and (4).
(3) The Minister of Health and Welfare shall formulate a plan for inspection and inquiry every year to conduct inspection of and inquiry into verification under paragraph (1) 2 (b) including the following matters:
1. Basic direction of inspection and inquiry;
2. Scope, details, time and procedures of inspection and inquiry;
3. Measures to establish cooperation networks to conduct inspection and inquiry;
4 and 5. Deleted. <by Presidential Decree No. 29661, Mar. 26, 2019>
(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall formulate an annual plan for inspection of and inquiry into verification for their jurisdictions in accordance with the plan for inspection of and inquiry into verification under paragraph (3), and shall conduct inspection and inquiry in compliance therewith.
 Article 7 (Purpose)
“Data or information prescribed by Presidential Decree” in Article 7 (2) 8 of the Act means the following data or information: <Amended by Presidential Decree No. 29661, Mar. 26, 2019>
1. Measures against or information about domestic violence including ad hoc measures, home protection, or victim protective order under the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence;
2. Data or information of persons with multiple nationalities under the Nationality Act;
3. Data of military services under the Military Service Act;
4. Information to be stated in passports, and information necessary to perform passport operations under the Passport Act;
5. Data or information of reports of overseas Korean nationals, and reports on overseas stay and emigration under the Resident Registration Act;
6 through 18. Deleted. <by Presidential Decree No. 29661, Mar, 26, 2019>
 Article 8 Deleted. <by Presidential Decree No. 29661, Mar, 26, 2019>
 Article 9 (Timing, Methods, and Procedures for Paying Child Benefits)
(1) Child benefits shall be paid into an account of a financial company (referring to an account of a postal service office under the Postal Savings and Insurance Act, or of a bank under the Banking Act; hereinafter the same shall apply) in the name of the eligible child or his or her protector on the 25th (or the day before where it is a Saturday or holiday; hereinafter the same shall apply) of every month under the main clause of Article 10 (1) of the Act.
(2) Upon request of the protector of an eligible child, where he or she falls under any of the following, child benefits shall be paid into an account of a financial company in the name of the eligible child: Provided, That where there exist compelling reasons that payment into an account of a financial company is impossible and the protector of an eligible child makes a request, the child benefits may be paid into an account of a financial company in the name of lineal blood relatives or third-degree or closer collateral blood relatives (hereinafter referred to as “person receiving on behalf of an eligible child”) after deliberation of child welfare deliberation committee under Article 12 of the Child Welfare Act (hereinafter referred to as “Child Welfare Deliberation Committee”):
1. Where adjudication of commencement of adult guardianship, limited guardianship, or specific guardianship is final and conclusive;
2. Where monetary claim is seized due to default of obligations;
3. Where it is impractical to open or use an account of a financial company in the name of a protector due to mental or physical disorders determined by the Minister of Health and Welfare;
4. In other cases equivalent to subparagraphs 1 through 3, as determined by the Minister of Health and Welfare.
(3) A protector of aneligible child, or a person receiving on behalf of an eligible child who intends to get paid by deposit into an account of a financial company in the name of an eligible child, or a person receiving on behalf of an eligible child (limited to the case referred to in the proviso to paragraph (2)) shall submit documents prescribed by Ordinance of the Ministry of Health and Welfare to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
(4) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who intends to pay child benefits into an account of a financial company in the name of a person receiving on behalf of eligible child under the proviso to paragraph (2) shall, in advance, inform the person of the reasons, purpose of use of child benefits, and prohibition of using for other purposes including others, as determined by the Minister of Health and Welfare.
(5) Notwithstanding paragraphs (1) and (2), where a protector of an eligible child, or person receiving on behalf of eligible child has compelling reasons including living in an area without a postal service office or bank, the relevant child benefits may be paid directly to the protector or person receiving on behalf of an eligible child.
(6) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has jurisdiction over a place of domicile of an eligible child shall pay child benefits, but where his or her domicile in the resident registration changes, the child benefits shall be paid by the authority as follows:
1. Where the date of moving-in is the 15th or earlier of the month: The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the current domicile;
2. Where the date of moving-in is the 16th or later of the month: The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu of the former domicile.
 Article 10 (Payment of Child Benefits with Vouchers)
(1) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may pay child benefits with vouchers issued by a local government under the proviso to Article 10 (3) of the Act: Provided, That where the Minister of Health and Welfare deems necessary and determines, in cases where eligible children are put under protection of child rearing facilities or communal homes referred to in Article 52 (1) 1 or 4 of the Child Welfare Act, child benefits shall be paid in cash.
(2) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to pay child benefits with the vouchers under the main clause of paragraph (1), he or she shall submit the following data to the Minister of Health and Welfare by six months before the date the vouchers are to be given:
1. Results of gathering opinions of residents living in the jurisdiction;
2. Specific plans for the method and amount of payment with vouchers, how to secure budget and others;
3. Establishment and management of the system necessary for payment of child benefits;
4. Others deemed and determined necessary by the Minister of Health and Welfare to pay child benefits with vouchers.
(3) “vouchers” referred to in paragraphs (1) and (2) means, regardless of its name or form, certificates which an issuing authority issues and sells by stating (including recording in electronic or magnetic methods; hereinafter the same shall apply) a certain amount of money, or volumes of goods or services, and which a holder delivers or presents to the issuing authority or a person the issuing authority designates (hereinafter referred to as “issuer, etc.”) or uses in other ways to be provided with goods or services by issuer, etc. in accordance with the statement written on it.
(4) Where data referred to in paragraph (2) are omitted or in need of supplementation, the Minister of Health and Welfare may request the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to submit, revise or supplement necessary data with time limit set.
(5) The Minister of Health and Welfare may request opinions from the head of a relevant central administrative agency about any of the paragraph (2).
(6) Except as provided for in paragraphs (1) through (5), matters necessary to pay child benefits with vouchers shall be determined by the Minister of Health and Welfare.
 Article 11 (Procedures and Methods for Request of Unpaid Child Benefits)
(1) A protector who intends to claim unpaid child benefits under Article 11 (1) of the Act shall submit a written claim for unpaid child benefits (including a written claim in electronic form) with attaching the following documents to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over domicile of an eligible child who is dead:
1. Document verifying the death of the eligible child:
2. Document verifying that he or she was a protector at the time of death of the eligible child;
3. Document verifying personal data of a person intending to claim unpaid child benefits, which is determined by Ordinance of the Ministry of Health and Welfare;
4. Letter of delegation or document ascertaining information of an agent, as prescribed by Ordinance of the Ministry of Health and Welfare (applicable only to where an agent claims).
(2) When receiving a written claim for unpaid child benefits under paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall review a family relation register by sharing administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where failing to obtain agreement on the review from a person who intends to receive unpaid child benefits, he or she shall have the person attach the relevant document.
(3) When receiving a written claim for unpaid child benefits under paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify the claimant of whether to pay unpaid child benefits within 14 days from the date the written claim is received.
(4) Where there are two or more protectors eligible to claim unpaid child benefits under paragraph (1), the protectors shall claim to pay the amount equally divided between or among them.
(5) Notwithstanding paragraph (4), where protectors eligible to claim unpaid child benefits choose their representative, he or she may claim to pay all of the unpaid child benefits.
 Article 12 (Grounds for Change of Protector)
“Cases prescribed by Presidential Decree” in Article 12 (1) 3 of the Act means any of the following cases:
1. Where the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as “Governor or Mayor”) or the head of Si/Gun/Gu takes protective measures for an eligible child under Article 15 (1) 2 through 4 and 6 of the Child Welfare Act;
2. Where the Governor or Mayor or the head of a Si/Gun/Gu takes temporary protective measures for an eligible child under Article 15 (1) of the Child Welfare Act;
3. Where an eligible child is admitted to a social welfare facility determined by the Minister of Health and Welfare, from among the facilities under Article 34 of the Social Welfare Services Act;
4. Where ad hoc measures under Article 29 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, protective orders under Article 40 of the same Act, or victim protective orders under Article 55-2 of the same Act are taken against a protector who receives or manages child benefits for committing criminal domestic violence under subparagraph 3 of Article 2 of the same Act;
5. Where it is deemed highly inappropriate to allow a protector receiving or managing child benefits to do so because the protector is ill-natured or ill-behaved, addicted to narcotics or toxins, or falling under other grounds determined by the Minister of Health and Welfare after deliberation by the Child Welfare Deliberation Committee;
6. Where it is certain, as determined by the Minister of Health and Welfare, that a protector receiving and managing child benefits does not care or raise an eligible child because of various grounds such as death or declaration of death in absentia of the protector.
 Article 13 (For Whom Child Benefits is Suspended)
(1) Where it is not certain whether an eligible child is alive or dead within a period of 30 days from the date the child is reported lost or missing to the relevant administrative agency such as police stations under Article 13 (1) 2 of the Act, the child is presumed dead when the period ends. <Amended by Presidential Decree No. 29661, Mar, 26, 2019>
(2) “Cases prescribed by Presidential Decree” in Article 13 (1) 3 of the Act means cases an eligible child is registered as domiciles unknown under Article 20 (6) of the Resident Registration Act: Provided, That the same shall not apply where the actual domicile of an eligible child may be known.
 Article 14 (Who to Lose Entitlement to Child Benefits)
“Where any other cause occurs for losing the entitlement to child benefits prescribed by Presidential Decree” in subparagraph 3 of Article 14 of the Act means where a person recognized as a refugee under subparagraph 2 of Article 2 of the Refugee Act loses the refugee status because of the cancellation or withdrawal of refugee status under Article 22 (1) or (2), respectively, of the same Act.
 Article 15 (Methods of Reports)
When a protector receiving or managing child benefits (referring to a person responsible for filing reports under Article 85 of the Act on Registration of Family Relations in the case of proviso to Article 15 (1) of the Act, with the exception of its subparagraphs) intends to report under Article 15 (1) of the Act, the protector shall submit a written report prescribed by Ordinance of the Ministry of Health and Welfare (including a report in electronic form) ,with any of the following documents (including electronic documents) attached, to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu:
1. Documents verifying details referred to in any subparagraph of Article 15 (1) of the Act;
2. Documents verifying personal data of a protector who intends to report, which is determined by Ordinance of the Ministry of Health and Welfare;
3. Letter of delegation or document verifying personal data of an agent, as prescribed by Ordinance of the Ministry of Health and Welfare (applicable only to where an agent claims).
[This Article Wholly Amended by Presidential Decree No. 29661, Mar. 26, 2019]
 Article 16 Deleted. <by Presidential Decree No. 29661, Mar. 26, 2019>
 Article 17 ( Determination of Recovery of Child Benefits and Payment Thereof)
(1) Where recovering child benefits under Article 16 (1) of the Act, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall recover it in a lump sum: Provided, That the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may allow to pay back in installments in consideration of financial or other conditions of a person responsible for repayment, as prescribed by Ordinance of the Ministry of Health and Welfare.
(2) “Interest prescribed by Presidential Decree” in the latter part of the Article 16 (1) of the Act, with the exception of its subparagraphs, means interest calculated by applying interest rate of time deposit with three-year maturity (referring to an average interest rate that banks established under the Bank Act which run business nationwide apply as of January 1 of a given year). In such cases, the interest shall be compounded annually, and the interest accrual period shall be the number of months, from the month in which the day child benefits are given by fraud or other improper means is to the month in which the day child benefits recovery is notified under Article 17 (1) of the Act is.
(3) “Amount prescribed by Presidential Decree” in Article 16 (4) 1 of the Act means 3, 000 won.
(4) “Deemed significantly difficult to recover child benefits due to any ground determined by Presidential Decree” in Article 16 (4) 2 of the Act means any of the following cases which recovery of child benefits considerably is deemed to threaten the well-being of the children:
1. Where there is no protector of an eligible child because of death or declaration of death in absentia of the protector;
2. Where grounds for recovery under Article 16 (1) 2 or 3 of the Act occur and where the Child Welfare Deliberation Committee deems recovery of child benefits is highly impracticable because the protector is underage, in financial difficulties or diseased.
 Article 18 (Notice of and Demand for Recovery)
(1) Notice of recovery of child benefits under Article 17 (1) of the Act shall include any of the following. In such cases, where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu notifies the payment of child benefits to be recovered under Article 17 (1) of the Act, the deadline of the payment shall be 30 days or more from the date of payment notice:
1. The fact that child benefits are to be recovered;
2. The amount of child benefits to be recovered;
3. The deadline of recovery of child benefits;
4. An agency which recovers child benefits;
5. How to appeal;
6. Other matters necessary to recover child benefits.
(2) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu demands recovery under Article 17 (1) of the Act, the deadline shall be at least 30 days from the date the demand is made.
 Article 19 (Establishment and Operation of Information System for Child Benefits)
(1) The Minister of Health and Welfare shall establish and operate the child benefits information system under Article 21 of the Act (hereinafter referred to as “child benefits information system”) by integrating with the social security information system referred to in Article 37 (2) of the Framework Act on Social Security to conduct the following:
1. Computerizing record and management of data and information under Articles 5 through 17, 19 and 26 of the Act;
2. Collecting, managing and manufacturing data or information related to child benefits, and providing them to a local government under Article 7 (2) of the Act;
3. Deleted; <by Presidential Decree No. 29661, Mar. 26, 2019>
4. Implementing projects related to establishment of computer networks necessary to conduct affairs entrusted with business affairs under Article 21;
5. Supporting policies such as production, analysis and provision of statistics necessary to implement the child benefits system;
6. Others determined by the Minister of Health and Welfare to implement efficiently the child benefits system.
(2) Data or information in the child benefits information system shall be conveyed via the information and communication network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection: Provided, That it may be conveyed in other means where compelling reasons such as damage to the information and communication network exist.
(3) Data or information in the child benefits information system shall be recorded, managed and reported in the manner of exchange of electronic documents or via computer medium: Provided, That other means may be used where there exist compelling reasons electronic documents or computer medium is unavailable to use.
 Article 20 (Management of Sensitive Information and Personally Identifiable Information)
(1) Where it is necessary to perform the following affairs, the Minister of Health and Welfare, or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu (including a person entrusted with affairs of the Minister of Health and Welfare, or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu under Article 21) may manage information on health under Article 23 of the Personal Information Protection Act, information on criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, driver’s license numbers or alien registration numbers under the subparagraph 1, 2 or 4 of Article 19 of the same Decree:
1. Affairs concerning provision of information related to child benefits under Article 5 of the Act;
2. Affairs concerning application for and payment of child benefits under Article 6, 9, or 10 of the Act;
3. Affairs concerning inspection and inquiry under Article 7 of the Act;
4. Deleted; <by Presidential Decree No. 29661, Mar. 26, 2019>
5. Affairs concerning payment of child benefits unpaid under Article 11 of the Act;
6. Affairs concerning change of a protector of an eligible child under Article 12 of the Act;
7. Affairs concerning suspension of child benefits payment under Article 13 of the Act;
8. Affairs concerning loss of entitlement to child benefits under Article 14 of the Act;
9. Affairs concerning report under Article 15 of the Act;
10. Affairs concerning recovery of child benefits and notice of, demand for and collection of the amount recoverable under Articles 16 and 17;
11. Affairs concerning raising an objection under Article 19 of the Act;
12. Affairs concerning establishment and operation of child benefits information system under Article 19.
 Article 21 (Entrustment of Affairs)
Pursuant to Article 23 (2) of the Act, the Minister of Health and Welfare, or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall entrust following affairs to the Social Security Information Service under Article 29 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries;
1. Affairs concerning request to provide data or information under Article 7 (2) of the Act;
2. Deleted; <by Presidential Decree No. 29661, Mar. 26, 2019>
3. Affairs concerning establishment and operation of child benefits information system under subparagraphs of Article 19 (1).
 Article 22 (Standards for imposition of Administrative Fines)
Standards to impose administrative fines under Article 26 (1) and (2) of the Act shall be specified in the attached Table.
ADDENDA
Article 1 (Enforcement date)
This Decree shall enter into force on September 1, 2018.
Article 2 (Preparation to Implement Child Benefits System)
(1) For paying child benefits with vouchers under the main clause of Article 10 (1), the Minister of Health and Welfare, or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall submit data referred to in any subparagraph of Article 10 (2) to the Minister of Health and Welfare by 60 days before the enforcement date of this Decree.
(2) Where it is essential to conduct affairs related to applying for child benefits, the Minister of Health and Welfare, or the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu may manage sensitive information and personally identifiable information under Article 20 even before this Decree enters into force.
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 Deleted.
ADDENDUM <Presidential Decree No. 29661, Mar. 26, 2019>
This Decree shall enter into force on April 1, 2019