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NATIONAL BASIC LIVING SECURITY ACT

Act No. 6024, Sep. 7, 1999

Amended by Act No. 7181, Mar. 5, 2004

Act No. 7738, Dec. 23, 2005

Act No. 7796, Dec. 29, 2005

Act No. 8112, Dec. 28, 2006

Act No. 8641, Oct. 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9617, Apr. 1, 2009

Act No. 9795, Oct. 9, 2009

Act No. 9932, Jan. 18, 2010

Act No. 10507, Mar. 30, 2011

Act No. 10782, jun. 7, 2011

Act No. 10854, Jul. 14, 2011

Act No. 10997, Aug. 4, 2011

Act No. 11248, Feb. 1, 2012

Act No. 12933, Dec. 30, 2014

Act No. 13987, Feb. 3, 2016

Act No. 14224, May 29, 2016

Act No. 14880, Sep. 19, 2017

Act No. 15185, Dec. 12, 2017

Act No. 15875, Dec. 11, 2018

Act No. 16239, Jan. 15, 2019

Act No. 16367, Apr. 23, 2019

Act No. 16734, Dec. 3, 2019

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to ensure a minimum standard of living for the deprived and help them support themselves by furnishing them with the required benefits.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 12933, Dec. 30, 2014>
1. The term "eligible recipient" means a person eligible for benefits under this Act;
2. The term "recipient" means a person who is paid benefits under this Act;
3. The term "receivable cash and goods" means cash or goods provided or lent to recipients pursuant to this Act;
4. The term "livelihood security agency" means the State or a local government which pays benefits under this Act;
5. The term "obligatory provider" means a person who is responsible for supporting an eligible recipient and who is a first-degree relative by blood or marriage: Provided, That the spouse of a decreased lineal blood relative of the first degree is excluded herefrom;
6. The term “minimum security level” means the amount or security level published for each type of benefits pursuant to Article 6 in consideration of the national income and expenditure levels as well as actual living conditions of the relevant eligible recipient, such as the household type thereof, and the inflation rate;
7. The term "minimum cost of living" means the amount required for people to lead a healthy and decent life as calculated by the Minister of Health and Welfare pursuant to Article 20-2 (4);
8. The term "individual household" means a household which consists of recipients or eligible recipients, which is the basic unit that is paid benefits under this Act or which is subject to an inquiry to verify whether or not to meet the requirements for eligibility under this Act. In such cases, such details as the scope of an individual household shall be prescribed by Presidential Decree;
9. The term "countable income" means the aggregate of the assessed amount of income and the amount of income converted from properties of any individual household, both of which are calculated by livelihood security agencies for the purpose of determining payment of benefits, etc.;
10. The term "second-lowest income bracket“ means a group of people who are not eligible recipients (excluding persons who are deemed eligible recipients pursuant to Article 14-2) and whose countable income is below the criteria prescribed by Presidential Decree;
11. The term “standard median income” means the median value of the national household income publicly notified by the Minister of Health and Welfare through deliberation and resolution by the Central Livelihood Security Committee under Article 20 (2) in order to utilize it as one of the criteria for benefits.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 3 (Principles for Benefits)
(1) In principle, benefits under this Act shall be provided on the premise that the recipients of benefits exert their utmost efforts to maintain and improve their living standards by making the most of their income, property, their ability to work, etc., and that the benefits serve only as a supplement to such efforts.
(2) The support by obligatory providers and the protections under other statutes and regulations shall prevail over the benefits provided under this Act: Provided, That where the level of protections under other statutes and regulations does not reach the level stipulated in this Act, the recipients shall not lose the right to receive the benefits under this Act for the remaining portion.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 4 (Criteria for Benefits)
(1) Benefits accorded under this Act shall be paid so as to ensure that recipients maintain a minimum level of a healthy and decent life.
(2) The criteria for benefits under this Act shall be determined for each type of benefits either by the Minister of Health and Welfare or by the heads of central administrative agencies which pay the benefits (hereinafter referred to as “competent central administrative agencies”), in consideration of the recipient’s age, household size, area of residence, living conditions, etc., after consulting the Minister of Health and Welfare. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Livelihood security agencies shall pay benefits accorded under this Act to individual households: Provided, That they may pay benefits to each person, where deemed particularly necessary.
(4) Livelihood security agencies which are local governments may pay benefits in excess of the scope and level accorded under this Act, as prescribed by ordinance of the relevant local government. In such cases, the relevant livelihood security agencies shall notify their decision to the Minister of Health and Welfare and the head of the competent central administrative agency. <Newly Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 4-2 (Relationship to Other Acts)
Except as otherwise provided in other Acts, the benefits under Articles 11 and 12-3 shall be governed by the provisions of this Act.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 5 Deleted. <by Act No. 12933, Dec. 30, 2014>
 Article 5-2 (Special Cases concerning Foreigners)
Where a person prescribed by Presidential Decree among foreigners staying in Korea who is pregnant while married to a national of the Republic of Korea (including cases where his or her spouse is pregnant), rears a minor child with Republic of Korea nationality, or earns livelihood or dwells together with his or her spouse's lineal ascendant(s) with Republic of Korea nationality, and is eligible to receive benefits under this Act, he or she shall become an eligible recipient. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 6 (Decision on Standards for Minimum Security Level)
(1) The Minister of Health and Welfare or the heads of the competent central administrative agencies shall decide on the criteria for selecting recipients for each type of benefits and the minimum security level. <Amended by Act No. 12933, Dec. 30, 2014>
(2) The Minister of Health and Welfare or the heads of the competent central administrative agencies shall publish the criteria for selecting recipients for each type of benefits and the minimum security level for the following year, by August 1 of each year, through deliberation and resolution by the Central Livelihood Security Committee under Article 20 (2). <Amended by Act No. 12933, Dec. 30, 2014>
(3) Deleted. <by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 6-2 (Calculation of Standard Median Income)
(1) The standard median income shall be calculated for different household sizes by reflecting the recent average increase rate of household income, differences in income level between households of different sizes, and other factors, in the median value of the ordinary household income (referring to an aggregate of earned income, business income, property income, and transfer income) revealed in the statistics data published by the Statistics Korea (KOSAT) pursuant to Article 27 of the Statistics Act.
(2) Other matters necessary for the calculation of the standard median income, such as the methods for reflecting income levels for households by size shall be determined by the Central Livelihood Security Committee under Article 20 (2).
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 6-3 (Calculation of Countable Income)
(1) Regardless of the actual income of an individual household, the income of an individual household assessed under subparagraph 9 of Article 2 shall be the amount calculated for making a decision on, payment, etc. of benefits, and shall be calculated by subtracting the amounts of expenditure incurred due to the characteristics of the household such as physical or mental conditions, diseases, child rearing, etc., expenditure related to work incentives, and other additional expenditures, from the actual income of a household as the aggregate of the following:
1. Earned income;
2. Business income;
3. Property income;
4. Transfer income.
(2) The amount of income converted from property under subparagraph 9 of Article 2 shall be calculated by multiplying the amount remaining after deducting the amount of fundamental property (referring to the amount of the property deemed necessary for maintaining a basic livelihood determined and publicly notified by the Minister of Health and Welfare) and liabilities of an individual household from the value of the property thereof, by the income conversion rate. In such cases, the scope of property subject to conversion into income shall be as follows:
1. General property (referring to property excluding financial property and motor vehicles);
2. Financial property;
3. Motor vehicles.
(3) Detailed scope of and standards for the calculation of the actual income, the assessed amount of income, and the amount of income converted from property shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
CHAPTER II TYPES OF BENEFITS AND PAYMENT METHODS
 Article 7 (Types of Benefits)
(1) The types of benefits accorded under this Act shall be as follows:
1. Livelihood benefits;
2. Housing benefits;
3. Medical benefits;
4. Education benefits;
5. Childbirth benefits;
6. Funeral benefits;
7. Self-sufficiency benefits.
(2) Any eligible recipient shall be paid all or some of the benefits prescribed in paragraph (1) 1 through 7, depending on his or her needs. <Amended by Act No. 12933, Dec. 30, 2014>
(3) With respect to benefits for persons who belong to the second-lowest income bracket (hereinafter referred to as "persons in the second-lowest income bracket"), livelihood security agencies may pay benefits under paragraph (1) 2 through 4, 6, and 7 within budgetary limits, in consideration of the living conditions of the households of relevant persons in the second-lowest income bracket. In such cases, matters necessary for the standards, payment procedures, etc. for benefits paid to persons in the second-lowest income bracket shall be prescribed by Presidential Decree.
(4) Deleted. <by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 8 (Details of Livelihood Benefits)
(1) Livelihood benefits shall be paid by providing clothing, food, fuel expenses, or other cash and goods essential to recipients’ daily lives, so that they may have a livelihood. <Amended by Act No. 12933, Dec. 30, 2014>
(2) An eligible recipient of livelihood benefits shall be a person who has no obligatory provider, or who has obligatory providers practically unable to render support, or unable to receive support by obligatory providers, and whose countable income is below the amount (hereinafter referred to as “livelihood benefit selection criteria”) determined through the deliberation and resolution of the Central Livelihood Security Committee under Article 20 (2). In such cases, the livelihood benefit selection standard shall be at least 30 percent of the standard median income. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
(3) With regard to the minimum security level of livelihood benefits, the sum of the livelihood benefits and the countable income shall not be lower than the livelihood benefit selection standard. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
(4) Where a social security facility under Article 32 is entrusted with the payment of livelihood benefits pursuant to the proviso of Article 10 (1), the livelihood benefit selection standard, etc. may be determined otherwise in accordance with a public notice of the Minister of Health and Welfare, notwithstanding paragraphs (2) and (3). <Newly Inserted by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 8-2 (Ability to Provide Support)
(1) Where an obligatory provider falls under any of the following cases, the obligatory provider shall be deemed unable to provide support under Articles 8 (2), 12 (3), and 12-3 (2):
1. Where an obligatory provider fails to meet the income and property criteria prescribed by Presidential Decree in consideration of the standard median income level;
2. A case determined and publicly notified by the Minister of Health and Welfare where an obligatory provider renders, in his or her residential place, support to a lineal ascendant, or a lineal descendant who is a severely disabled person under subparagraph 1 of Article 2 of the Act on Pensions for Persons with Disabilities;
3. A case determined by the Minister of Health and Welfare where an obligatory provider is practically unable to provide support due to his or her disease, education, household characteristics, etc.
(2) Where an obligatory provider falls under any of the following cases, his or her dependents shall be deemed unable to receive support under Articles 8 (2), 12 (3), and 12-3 (2):
1. Where an obligatory provider enlists in the army by conscription or call-up pursuant to the Military Service Act;
2. Where an obligatory provider is an emigrant overseas under Article 2 of the Emigration Act;
3. Where an obligatory provider is in a correctional institution, detention house, or medical treatment and custody facility under the Administration and Treatment of Correctional Institution Inmates Act, the Medical Treatment and Custody Act, etc.;
4. Where an obligatory provider is missing and proceedings for the declaration of his or her disappearance are pending;
5. Where an obligatory provider receives benefits while residing in a social security facility under Article 32;
6. Where one month has elapsed since a runaway or missing obligatory provider was reported to a police station or administrative agency or the abscondence or disappearance of an obligatory provider has been confirmed by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter referred to as “head of a Si/Gun/ Gu”);
7. Where an obligatory provider evades or refuses to provide support;
8. Other cases where, as determined by the Minster of Health and Welfare, the dependents of an obligatory provider are unable to receive support.
(3) Where a protective measure is taken on a child dependent pursuant to Article 15 (1) 2 through 4 of the Child Welfare Act (excluding a guardian with parental authority in the case of subparagraph 2), the child dependent shall be deemed ineligible for support under Article 8 (2), 12 (3), and 12-3 (2). <Newly Inserted by Act No. 16367, Apr. 23, 2019>
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 9 (Methods for Livelihood Benefits)
(1) Livelihood benefits shall be provided in cash: Provided, That where it is unavailable or deemed inadequate, such benefits may be provided in kind.
(2) The in-kind benefits under paragraph (1) shall be provided periodically on a monthly basis, as prescribed by Presidential Decree: Provided, That where extraordinary circumstances exist, they may be provided in a different manner.
(3) The in-kind benefits under paragraph (1) shall be provided directly to its recipient: Provided, That where cost-of-living benefits are provided pursuant to the proviso of Article 10 (1) by entrusting them to a livelihood security facility under Article 32 or to another family, such benefits may be provided to the relevant entrusted ones. In such cases, the livelihood security agency shall periodically verify whether a recipient has received such benefits, as determined by the Minister of Health and Welfare.
(4) The cost-of-living benefits may be provided in varying degrees in con- sideration of the countable income of recipients, as determined by the Minister of Health and Welfare.
(5) The livelihood security agency may provide the cost-of-living benefits to a recipient who has ability to work, as prescribed by Presidential Decree, on condition that he or she takes part in a project for self-support. In such cases, the livelihood security agency shall offer the conditions in consideration of the self-support benefits plans under Article 28.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 10 (Places for Providing Livelihood Benefits)
(1) The livelihood benefits shall be provided in the residence of a recipient : Provided, That, where he or she has no residence, where the purpose of benefits is unattainable therein even if he or she has residence, or where he or she so desires, the provision of benefits may be entrusted to the livelihood security facility under Article 32, or to another family.
(2) Where the provision of cost-of-living benefits is entrusted to another family pursuant to paragraph (1), the rent of a room for his or her living and other costs needed to maintain the room shall be paid in addition to the benefits. In such cases, the housing benefits under Article 7 (1) 2 shall be deemed provided.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 11 (Housing Benefits)
(1) Housing benefits shall consist of rent, maintenance and repair expenses, and other receivable cash and goods prescribed by presidential Decree which are necessary for residential stability. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Details regarding housing benefits shall be separately prescribed by Acts. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 12 (Education Benefits)
(1) Education benefits shall consist of school admission fees, school tuition fees, stationery expenses, and other receivable cash and goods, and details regarding the kinds, scope, etc. of the above-mentioned schools shall be prescribed by Presidential Decree.
(2) Education benefits shall be under the jurisdiction of the Minister of Education. <Amended by Act No. 12933, Dec. 30, 2014>
(3) An eligible recipient of education benefits shall be a person who has no obligatory provider, or who has obligatory providers practically unable to provide support, or who is unable to receive support by obligatory providers, and whose countable income is smaller than the amount (hereinafter referred to as “education benefit selection criteria”) determined through deliberation and resolution by the Central Livelihood Security Committee under Article 20 (2). In such cases, the education benefit selection criteria shall be at least 50/100 of the standard median income. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
(4) The procedures for subsidization of educational expenses under Articles 60-4 through 60-9 and 62 (3) of the Elementary and Secondary Education Act shall apply mutatis mutandis to applications for, payment, etc. of education benefits. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 12-2 (Special Cases concerning Application of Education Benefits)
In selecting eligible recipients of education benefits, a person whose countable income is below the education benefit selection criteria shall, notwithstanding Articles 3 (2) and 12 (3), be deemed an eligible recipient of education benefits in order to link and integrate education benefits under Article 12 (1) with the subsidization of educational expenses under Article 60-4 of the Elementary and Secondary Education Act.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 12-3 (Medical Benefits)
(1) Medical benefits shall consist of various tests and medical treatment, etc. necessary for assisting their recipients in leading a healthy life.
(2) An eligible recipient of medical benefits shall be a person who has no obligatory provider, or who has obligatory providers practically unable to provide support, or who is unable to receive support by obligatory providers, and whose countable income is smaller than the amount (hereinafter referred to as “medical benefit selection criteria”) determined through deliberation and resolution by the Central Livelihood Security Committee under Article 20 (2). In such cases, the medical benefit selection criteria shall be at least 40/100 of the standard median income.
(3) Details regarding medical benefits shall be separately prescribed by Acts.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 13 (Childbirth Benefits)
(1) Childbirth benefits shall be paid to recipients of at least one benefit under Article 7 (1) 1 through 3: <Amended by Act No. 12933, Dec. 30, 2014>
1. Maternity services;
2. Measures and protection necessary before and after childbirth.
(2) Childbirth benefits may be provided by a medical institution designated and entrusted by the relevant livelihood security agency, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Receivable cash and goods necessary for childbirth benefits shall be provided to a recipient, the head of a household (to which a recipient belongs) or a person equivalent thereto, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That where the payment of benefits is entrusted to a medical institution pursuant to paragraph (2), such receivable cash and goods may be delivered to the relevant medical institution.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 14 (Funeral Benefits)
(1) Where any recipient of at least one benefit under Article 7 (1) 1 through 3 has deceased, the funeral benefits shall be provided, which include postmortem examinations, transport of the corpse, and cremation or interment (including other funeral methods). <Amended by Act No. 12933, Dec. 30, 2014>
(2) Funeral benefits shall be provided to a person who actually holds a funeral, as determined by Ordinance of the Ministry of Health and Welfare: Provided, That where it is impracticable to, or is deemed inadequate to pay the expenses, funeral benefits may be paid in kind.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 14-2 (Special Cases concerning Benefits)
Even where a person does not qualify as a recipient under Articles 8, 11, 12, 12-3, 13, 14, and 15, a person who lives in poverty and is recognized by the Minister of Health and Welfare or the head of the competent central administrative agency to be in need of all or part of the benefits prescribed in this Act for a certain period shall be deemed an eligible recipient.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 15 (Self-Sufficiency Benefits)
(1) Self-sufficiency benefits means the following benefits to help the self-sufficiency of the recipients:
1. Payment or loan of money, or provision or lease of goods, required for self-sufficiency;
2. Support for the improvement of vocational ability and the acquisition of skills necessary for self-sufficiency;
3. Furnishing information for job placement, etc.;
4. Provision of employment opportunities for self-sufficiency;
5. Lease of facilities and equipment necessary for self-sufficiency;
6. Support for business start-ups, such as education on business start-ups, training on skills, technical and management guidance, etc.;
7. Benefits for gathering assets necessary for self-sufficiency;
8. Other diverse forms of benefits necessary for self-sufficiency prescribed by Presidential Decree.
(2) The self-sufficiency benefits under paragraph (1) may be provided by entrusting them to relevant public institutions, nonprofit corporations or establishments and other institutions prescribed by Presidential Decree. In such cases, the associated expenses shall be borne by the livelihood security agency.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER II-2 SUPPORT FOR SELF-SUFFICIENCY
 Article 15-2 (Korea Development Institute for Self-Sufficiency and Welfare)
(1) There is hereby constituted an institute to be known as the Korea Development Institute for Self-Sufficiency and Welfare (hereinafter referred to as “Development Institute for Self-Sufficiency and Welfare”) to perform the projects necessary for promoting self-sufficiency of recipients and persons in the second-lowest income bracket.
(2) The Development Institute for Self-Sufficiency and Welfare shall be incorporated as a legal entity.
(3) The Development Institute for Self-Sufficiency and Welfare shall come into existence by registering its establishment at the place of domicile of its main office.
(4) The Minister of Health and Welfare shall guide and supervise the Development Institute for Self-Sufficiency and Welfare, and may have it report necessary matters concerning its duties, accounting and property, or have public officials under his or her control enter the Development Institute for Self-Sufficiency and Welfare to inspect books of account, documents, and other articles.
(5) Except as prescribed in paragraphs (1) through (4), matters regarding the articles of incorporation, board of directors, accounting of the Development Institute for Self-Sufficiency and Welfare, and other matters necessary for the establishment and operation thereof shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 16239, Jan. 15, 2019]
 Article 15-3 (Duties of Development Institute for Self-Sufficiency and Welfare)
(1) The Development Institute for Self-Sufficiency and Welfare shall perform the following projects:
1. Development and evaluation of projects to support self-sufficiency (hereinafter referred to as “self-sufficiency support project”);
2. Inspection, research, and publicity to support self-sufficiency;
3. Guidance on technologies and management for metropolitan self-sufficiency centers under Article 15-10, regional self-sufficiency centers under Article 16, and self-support enterprises under Article 18, and evaluation thereof;
4. Construction and operation of a cooperative system among self-sufficiency-related organizations;
5. Construction and operation of an information network among self-sufficiency-related organizations;
6. Development of a program to stimulate self-sufficiency for employment and establishment of business, and support therefor;
7. Linkage with the employment benefits service, and management of persons eligible for social welfare service under Article 18-2 (2) and (3);
8. Education and training of recipients and persons in the second-lowest income bracket to enhance their self-sufficiency, education and training of persons engaged or participating in self-sufficiency-related organizations, such as metropolitan self-sufficiency centers under Article 15-10, and support therefor;
9. Self-sufficiency-related projects entrusted by the State or local governments;
10. Other projects necessary for the stimulation of self-sufficiency, which are determined by the Minister of Health and Welfare.
(2) The information system constructed and operated pursuant to paragraph (1) 5 and 7 may be linked with the information system under Article 6-2 (1) of the Social Welfare Services Act and the social security information system under Article 37 (2) of the Framework Act on Social Security.
(3) The president of the Development Institute for Self-Sufficiency and Welfare shall establish a center for training and education under paragraph (1) 8 in the Korea Self-Sufficiency Training Institute.
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
 Article 15-4 (Executive Officers)
(1) The Development Institute for Self-Sufficiency and Welfare shall have 11 or less directors including one president, and one auditor; the directors excluding the president and the auditor shall be part-time.
(2) The Minister of Health and Welfare shall appoint a president and an auditor from among several persons recommended by the executive officer recommendation committee constituted as specified by the articles of incorporation.
(3) The term of office of the president shall be three years, who may be reappointed on a yearly basis.
(4) The Minister of Health and Welfare shall appoint directors from among the persons falling under any of the following; in cases of subparagraphs 1 and 2, he or she shall appoint the candidates upon recommendation of the executive officer recommendation committee:
1. Persons who have extensive knowledge of and experience in the field of self-sufficiency support projects and social welfare;
2. Persons who have extensive knowledge of and experience in one or more fields of information and communications, education and training, management, economy and finance;
3. Public officials of the Ministry of Health and Welfare or local governments, who are responsible for self-sufficiency support projects.
(5) The term of office of executive officers excluding the president and the directors under paragraph (4) 3 shall be two years, who may be reappointed on a yearly basis.
(6) Other matters necessary for the qualification, appointment, and duties of executive officers shall be specified by the articles of incorporation.
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
 Article 15-5 (Dispatch of Staff Members)
(1) Where needs arise for attaining purposes and enhancing expertise, the Development Institute for Self-Sufficiency and Welfare may request government agencies, local governments, research institutes, or public institutions to dispatch staff members to the Development Institute for Self-Sufficiency and Welfare via the Minister of Health and Welfare.
(2) The heads of government agencies, etc. may, upon receipt of a request, dispatch affiliated staff members to the Development Institute for Self-Sufficiency and Welfare.
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
 Article 15-6 (State Subsidies)
(1) The State may subsidize or contribute money to the Development Institute for Self-Sufficiency and Welfare to cover expenses, in full or in part, necessary for its establishment and operation.
(2) Should the need arise for the establishment and operation of the Development Institute for Self-Sufficiency and Welfare, the State may, without compensation, lend or transfer State property to the Development Institute for Self-Sufficiency and Welfare, or allow it to use or benefit from State property pursuant to the Act on Regulation of Special Cases of State Property.
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
 Article 15-7 (Application Mutatis Mutandis of the Civil Act)
Except as prescribed in this Act, the provisions concerning juristic foundation under the Civil Act shall apply mutatis mutandis to the Development Institute for Self-Sufficiency and Welfare.
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
 Article 15-8 (Duty to Maintain Confidentiality)
Those who are or have been executive officers or staff members of the Development Institute for Self-Sufficiency and Welfare shall not disclose classified information that they have learned in the course of performing duties, or use it for other purposes.
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
 Article 15-9 (Legal Fiction of Public Officials in Application of Penalty Provisions)
For the purposes of Articles 129 through 132 of the Criminal Act, the executive officers and staff members of the Development Institute for Self-Sufficiency and Welfare shall be deemed public officials.
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
 Article 15-10 (Metropolitan Self-Sufficiency Centers)
(1) Upon application of a non-profit corporation or organization, such as a social welfare corporation and social cooperative, (hereafter referred to as “corporation, etc.” in this Article), a livelihood security agency shall designate such corporation, etc. as a metropolitan self-sufficiency center covering the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do"), in order to let such center implement the following projects necessary for stimulating the self-sufficiency of recipients and persons in the second-lowest income bracket. In such cases, the livelihood security agency shall take into consideration the ability and experience of the corporation, etc. in performing regional social welfare projects and self-sufficiency support projects:
1. Support for the establishment of self-support enterprises for each City/Do;
2. Support and arrangement for the employment and business start-up of recipients and persons in the second-lowest income bracket for each City/Do;
3. Education and training of workers and participants in regional self-sufficiency centers under Article 16 and support therefor;
4. Development and distribution of specialized regional self-sufficiency programs and support for the development of relevant projects;
5. Guidance on technologies and management for regional self-sufficiency centers under Article 16 and self-support enterprises under Article 18;
6. Other projects determined by the Minister of Health and Welfare which are necessary for the promotion of self-sufficiency.
(2) Livelihood security agencies may fully or partially subsidize the establishment and operation of metropolitan self-sufficiency centers.
(3) Livelihood security agencies shall regularly evaluate the business performance and operation status of metropolitan self-sufficiency centers, and if a metropolitan self-sufficiency center fails to achieve the purpose of self-sufficiency of recipients, may revoke the designation of the metropolitan self-sufficiency center.
(4) Except as provided in paragraphs (1) through (3), procedures for the application, designation, and revocation of metropolitan self-sufficiency centers and evaluation thereof, and other matters necessary for the operation of metropolitan self-sufficiency centers shall be determined by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 16239, Jan. 15, 2019]
 Article 16 (Regional Self-Sufficiency Centers)
(1) Livelihood security agencies may receive applications from nonprofit corporations and organizations, such as social welfare corporations and social cooperatives (hereafter referred to as "corporations, etc." in this Article) and designate the corporations, etc. as regional self-sufficiency centers to perform the following projects necessary for promoting the self-sufficiency of recipients and persons in the next lowest income bracket. In such cases, livelihood security agencies shall take into consideration the ability and experience of the corporations, etc. in performing regional social welfare projects and self-sufficiency support projects: <Amended by Act No. 12933, Dec. 30, 2014>
1. Education for encouraging self-sufficiency;
2. Providing information, counseling, vocational training, and job placement for self-sufficiency;
3. Arranging financing for business operation;
4. Benefits for self-employed business startup, and guidance on technologies and management;
5. Benefits for the establishment and operation of self-support enterprises under Article 18;
6. Various other projects for self-sufficiency.
(2) Livelihood security agencies may render any of the following benefits to regional self-sufficiency centers designated pursuant to paragraph (1):
1. All or some of the expenses incurred in establishing or operating regional self-sufficiency centers, or in performing projects under paragraph (1);
2. Free lease of the State and public property;
3. Preferential entrustment of projects executed by livelihood security agencies.
(3) Livelihood security agencies shall regularly evaluate the business performance and operation status of regional self-sufficiency centers, and may revoke the relevant designation if any regional self-sufficiency center fails to promote self-sufficiency of recipients.
(4) Regional self-sufficiency centers may establish an association of regional self-sufficiency centers in order to make joint efforts to effectively support the self-sufficiency of recipients and persons in the next lowest-income bracket and the development of regional self-sufficiency centers.
(5) Except as provided in paragraphs (1) through (3), applications for and designation of regional self-sufficiency centers, procedures for revocation thereof, evaluation thereof, and other matters necessary for the operation, etc. of regional self-sufficiency centers shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 17 (Consultative Body of Self-Sufficiency Agencies)
(1) With a view to efficiently promoting self-sufficiency support projects, the head of a Si/Gun/Gu shall form a regular consultative body together with the heads of regional self-sufficiency centers under Article 16, the heads of employment security offices under subparagraph 1 of Article 2-2 of the Employment Security Act, and the heads of social welfare facilities under subparagraph 4 of Article 2 of the Social Welfare Services Act (hereinafter referred to as "consultative body of self-sufficiency agencies"). <Amended by Act No. 12933, Dec. 30, 2014>
(2) Matters necessary for the formation, operation, etc. of a consultative body of self-sufficiency agencies shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 18 (Self-Support Enterprise)
(1) Recipients and persons in the second-lowest income bracket may establish and operate a self-support enterprise through mutual cooperation.
(2) A self-support enterprise shall be either an association or a business entity under the Value-Added Tax Act.
(3) A livelihood security agency may render any of the following benefits to self-support enterprises directly or through the Development Institute for Self-Sufficiency and Welfare, metropolitan self-support centers under Article 15-10, and regional self-support centers under Article 16: <Amended by Act No. 16239, Jan. 15, 2019>
1. Loan of business funds for self-sufficiency;
2. Preferential lease of State or public land;
3. Preferential entrustment of projects of the State or local governments;
4. Preferential purchase of products of the self-support enterprises in the procurements by the State or local governments;
5. Other benefits for the promotion of self-sufficiency of recipients.
(4) Other matters necessary for the establishment and operation of and benefits to self-support enterprises shall be determined by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 18-2 (Promotion of Employment)
(1) Livelihood security agencies may render benefits under any subparagraph of Article 18 (3), as prescribed by Presidential Decree, to any enterprises employing at least a certain percentage of recipients and persons in the second-lowest income bracket as regular workers, in order to promote the employment of recipients and persons in the second-lowest income bracket. <Amended by Act No. 11248, Feb. 1, 2012; Act No. 12933, Dec. 30, 2014>
(2) The head of a Si/Gun/Gu may link recipients and persons in the second-lowest income bracket to the employment benefits service of the relevant agencies, in consideration of the characteristics of each household. <Newly Inserted by Act No. 10782, Jun. 7, 2011; Act No. 12933, Dec. 30, 2014>
(3) The head of a Si/Gun/Gu may provide social welfare services to children or senior citizens of households who require benefits due to job-seeking activities of recipients and persons in the second-lowest income bracket. <Newly Inserted by Act No. 10782, Jun. 7, 2011; Act No. 12933, Dec. 30, 2014>
[This Article Newly Inserted by Act No. 8112, Dec. 28, 2006]
 Article 18-3 (Accumulation of Self-Support Funds)
(1) A livelihood security agency may accumulate self-support funds to smoothly promote self-sufficiency support projects under this Act. <Amended by Act No. 16239, Jan. 15, 2019>
(2) If deemed necessary to efficiently promote self-sufficiency support projects, a livelihood security agency may entrust the management and operation of self-support funds to the Development Institute for Self-Sufficiency and Welfare or a nonprofit corporation implementing self-sufficiency support projects. In such cases, necessary expenses shall be borne by the livelihood security agency. <Amended by Act No. 16239, Jan. 15, 2019>
(3) Matters necessary for the accumulation of self-support funds under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 18-4 (Support for Accumulation of Assets)
(1) A livelihood security agency may financially support recipients and persons in the second-lowest income bracket so that they accumulate assets necessary for self-sufficiency. <Amended by Act No. 12933, Dec. 30, 2014>
(2) A livelihood security agency may educate recipients and persons in the second-lowest income bracket so that they accumulate assets necessary for self-sufficiency. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Assets created based on the subsidies under paragraph (1) shall not be included in the amount of income converted from property of recipients, as prescribed by Presidential Decree. <Amended by Act No. 12933, Dec. 30, 2014>
(4) A livelihood security agency may entrust, in full or in part, the duties concerning support for accumulation of assets and education thereon to corporations or organizations, such as the Development Institute for Self-Sufficiency and Welfare. <Amended by Act No. 16239, Jan. 15, 2019>
(5) The eligibility and criteria for support for asset formation under paragraph (1) and the details of education under paragraph (2) shall be prescribed by Presidential Decree, while matters necessary for the application for and methods of support for asset formation, the procedures for returning subsidies, and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 16239, Jan. 15, 2019>
[This Article Newly Inserted by Act No. 10782, Jun. 7, 2011]
 Article 18-5 (Education on Self-sufficiency)
(1) The Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), or the head of a Si/Gun/Gu may provide education for promoting self-sufficiency of recipients and persons in the second-lowest income bracket.
(2) The Minister of Health and Welfare may fully or partially entrust education under paragraph (1) to corporations, organizations, etc. <Amended by Act No. 16239, Jan. 15, 2019>
(3) The Minister of Health and Welfare may subsidize the operation of corporations, organizations, etc. entrusted with education under paragraph (2). <Amended by Act No. 16239, Jan. 15, 2019>
(4) Details regarding education under paragraphs (1) through (3) and the organization, operation, etc. of educational institutions shall be prescribed by the Minister of Health and Welfare.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 18-6 (Construction and Operation of Integrated Information and Computer Network of Self-Sufficiency Support Projects)
(1) The Minister of Health and Welfare may construct and operate an integrated information and computer network of self-sufficiency support projects (hereinafter referred to as “integrated computer network”) that efficiently processes, records, and manages data and information, such as the records of benefits received by participants in the self-sufficiency support projects including recipients with the ability to work, their present working conditions, etc., which are necessary for the performance and management of self-sufficiency support projects, and analysis of the effects thereof.
(2) In order to construct and operate an integrated computer network, the Minister of Health and Welfare may request the heads of government agencies, such as the Minister of Employment and Labor, the Minister of Patriots and Veterans Affairs, or the Commissioner of the National Tax Service, the heads of local governments, and the heads of relevant institutions and organizations to submit the following data and to allow the use of relevant computer network. In such cases, the heads of agencies, institutions. etc. in receipt of a request for data shall comply with the request unless there are unavoidable circumstances:
1. Business register;
2. Whether the persons in question are insured by the National Health Insurance, National Pension Service, Employment Insurance, Industrial Damage Compensation Insurance, Veterans’ Benefit Program, Government Employee Pension Service, Military Pension Service, Pension Scheme for Private School Teachers and Staff or Special Post Office Pension Service, information on their income, types of subscription, premiums or contributions, and the amount of benefits;
3. History of social security benefits received by the persons in question;
4. Information on national technical qualifications acquired by the persons in question.
(3) In order to inspect data necessary for the construction and operation of an integrated computer network by using the data and relevant computer network under paragraph (2), the Minister of Health and Welfare may link to and use the social security information system under Article 37 (2) of the Framework Act on Social Security.
(4) Where the heads of central administrative agencies and local governments, the heads of entrusted institutions and organizations, and the president of the Development Institute for Self-Sufficiency and Welfare intend to use data referred to in the subparagraphs of paragraph (2) to perform and manage the self-sufficiency support projects and to analyze the effects thereof, they may request the Minister of Health and Welfare to use the integrated computer network.
(5) The Minister of Health and Welfare may entrust, in whole or in part, the duties concerning the construction and operation of the integrated computer network to the Development Institute for Self-Sufficiency and Welfare.
(6) Fees, use charges, etc. shall be exempt for the use or provision of the relevant computer network or data under paragraphs (2) through (4).
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
 Article 18-7 (Protection of Personal Information)
(1) Where a performing institution under Article 18-6 (4) requests the use of an integrated computer network, the Minister of Health and Welfare shall provide information under the subparagraphs of paragraph (2) of the same Article to the minimum extent necessary for duties.
(2) Where a performing institution requests the Minister of Health and Welfare to use the relevant integrated computer network under Article 18-6 (4), it shall prepare measures for the protection of information on participants in self-sufficiency support projects, such as security education.
(3) Where a performing institution intends to use data and relevant integrated computer network under Article 18-6 (2) through (4), it shall obtain prior consent from data subjects.
(4) Where a performing institution uses data and the relevant computer network under Article 18-6 (2) through (4) to perform and manage a self-sufficiency support project and analyze the effects thereof, the performing institution shall destroy information, such as the records of benefits received by participants or their present working conditions, immediately after achieving the purposes, except for the following personal information:
1. Characteristics of applicants for and participants in self-sufficiency support projects;
2. History of participation in self-sufficiency support projects of the participants;
3. History of employment of participants after completion of the self-sufficiency support projects.
(5) From among the persons in charge of self-sufficiency support projects in the performing institutions, only those who are authorized to handle personal information by the heads of their institutions shall be allowed to handle the personal information under the subparagraphs of Article 18-6 (2).
(6) Those who are or have been engaged in the duties of self-sufficiency support projects shall not disclose classified information on individuals, corporations, or organizations that they have learned in the course of performing the self-sufficiency support projects, or use it for other purposes.
(7) Detailed matters concerning measures for protecting personal information, methods of obtaining prior consent from data subjects, timing and methods of destruction of data after the purposes are attained, procedures for authorization of handling personal information, security education. etc. shall be determined by the Minister of Health and Welfare.
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
CHAPTER III LIVELIHOOD SECURITY AGENCY
 Article 19 (Livelihood Security Agencies)
(1) Benefits under this Act shall be provided by the Mayor/Do Governor and the head of a Si/Gun/Gu (in the case of education benefits under Article 7 (1) 4, referring to superintendents of education of the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, the Special Self-Governing Province (hereinafter referred to as “Si/Do superintendents of education”; hereinafter the same shall apply) who has jurisdiction over the place of residence of eligible recipients or recipients: Provided, That where the eligible recipients or recipients have no fixed abode, the benefits shall be paid by the heads of Sis/Guns/Gus who have jurisdiction over the area in which eligible recipients or recipients actually reside. <Amended by Act No. 12933, Dec. 30, 2014>
(2) In providing benefits, the Minister of Health and Welfare, the heads of the competent central administrative agencies, and Mayor/Do Governor may, notwithstanding paragraph (1), require any recipients to enter the livelihood security facilities operated respectively by the State or the relevant local governments, or may entrust other livelihood security facilities with the duty. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Measures to be taken when eligible recipients or recipients change their place of residence, cooperation among livelihood security agencies, and other matters necessary to handle the affairs of livelihood security agencies shall be determined by Ordinance of the Ministry of Health and Welfare.
(4) Livelihood security agencies shall appoint a public official exclusively in charge of social welfare under Article 14 of the Social Welfare Services Act (hereinafter referred to as "public official exclusively in charge of social welfare") in order to require him or her to perform duties relating to livelihood security under this Act, such as investigations of eligible recipients, recipients, and persons in the second-lowest income bracket, and the determination of recipients, the payment of benefits, etc. In such cases, a public official exclusively in charge of social welfare, who performs duties relating to self-sufficiency benefits under Article 15, shall be separately appointed.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 20 (Livelihood Security Committees)
(1) Livelihood security committees shall be established respectively under the jurisdiction of the Ministry of Health and Welfare, a City/Do, and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) in order to deliberate and resolve on the planning, investigation, and implementation of livelihood security projects under this Act: Provided, That where there exists another committee suitable for performing the relevant functions and its members have qualifications stipulated in paragraph (4), the committee may act on behalf of a livelihood security committee to be established in a City/Do or Si/Gun/Gu, as prescribed by ordinance of the relevant City/Do or Si/Gun/Gu.
(2) The livelihood security committee to be established under the jurisdiction of the Ministry of Health and Welfare (hereinafter referred as the "Central Livelihood Security Committee") shall deliberate and resolve on the following: <Amended by Act No. 12933, Dec. 30, 2014>
1. Formulation of a comprehensive plan for basic livelihood security under Article 20-2 (3);
2. Determinations on methods for calculating the countable income, and the standard median income;
3. Determinations on the recipients selection criteria and a minimum security level for each type of benefits;
4. Matters regarding evaluation of the appropriateness of the criteria for benefits, etc., and investigations of the current status under Article 20-2 (2) and (4);
5. Rectification of any omission or redundant offering of benefits by type, the coordination of projects for benefits to persons in the second-lowest income bracket, and others;
6. Formulation of guidelines on the accumulation, management, and use of self-sufficiency funds under Article 18-3;
7. Other matters referred to meetings of the Central Livelihood Security Committee by the chairperson.
(3) The Central Livelihood Security Committee shall consist of not more than 16 members, including one chairperson, who shall be commissioned or nominated by the Minister of Health and Welfare from among the following persons, and the Minister of Health and Welfare shall serve as the chairperson of the Committee: <Amended by Act No. 12933, Dec. 30, 2014>
1. Not more than five persons ranked as an assistant professor of a college or higher, or researchers serving at research institutes, who are all specialists majoring in public welfare or social services;
2. Not more than five persons who represent the public interest;
3. Not more than five public officials of Grade III in rank belonging to the relevant administrative agency or members of the Senior Executive Service.
(4) The members of a livelihood security committee in a City/Do and a Si/Gun/Gu under paragraph (1) shall be commissioned or nominated by the competent Mayor/Do Governor or the competent head of a Si/Gun/Gu from among the following persons, and the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall serve as a chairperson of the livelihood security committee in question: Provided, That where another committee acts on behalf of the livelihood security committee pursuant to the proviso of paragraph (1), its chairperson shall be determined by municipal ordinances:
1. A person who has knowledge of and experience in social services;
2. A person who represents the public interest;
3. A public official of the relevant administrative agency.
(5) Where it is necessary for deliberation and resolution, a livelihood security committee under paragraph (1) may request any livelihood security agency to have its public officials be present at the relevant livelihood security committee meeting or to submit the relevant materials. In such cases, the relevant livelihood security agency shall comply with such request, unless there is good cause.
(6) Details regarding the functions, composition, operation, etc. of the livelihood security committee in a City/Do or Si/Gun/Gu shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 20-2 (Formulation and Evaluation of Basic Livelihood Security Plans)
(1) The heads of the competent central administrative agencies shall formulate basic plans for basic livelihood security with respect to their respective jurisdictional affairs every three years and submit them to the Minister of Health and Welfare, to ensure a minimum standard of living for recipients.
(2) The Minister of Health and Welfare and the heads of the competent central administrative agencies may conduct an evaluation of the appropriateness, etc. of benefit levels based upon the findings of a fact-finding investigation under paragraph (4) and may entrust specialized investigation and research related thereto to a public institution under the Act on the Management of Public Institutions, a private corporation or organization, etc.
(3) The Minister of Health and Welfare shall formulate a comprehensive plan for basic livelihood security after compiling basic plans for basic livelihood security under paragraph (1) and the findings of the evaluation under paragraph (2), and have it deliberated on by the Central Livelihood Security Committee.
(4) In order to find out the number and living conditions of eligible recipients, recipients, persons in the second-lowest income bracket, etc. and calculate the minimum cost of living, the Minister of Health and Welfare shall conduct a fact-finding investigation and publish the findings thereof every three years.
(5) The Minister of Health and Welfare and the heads of the competent central administrative agencies may require any related administrative agencies, local governments, public institutions under the Act on the Managements of Public Institutions, and others to present their opinions on the evaluation and to submit materials. In such cases, the relevant administrative agencies, etc. shall comply with such request, unless there is a compelling reason not to do so.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
CHAPTER IV PROVISION OF BENEFITS
 Article 21 (Application for Benefits)
(1) An eligible recipient, his or her relative, and other interested persons may file an application for the payment of benefits to the eligible recipient with the head of a competent Si/Gun/Gu, and the same shall apply where persons in the second-lowest income bracket intends to apply for benefits. In such cases, with respect to methods and procedures for filing an application, investigation, etc., paragraphs (2) through (5) of this Article, and Articles 22, 23, and 23-2 shall apply mutatis mutandis. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Public officials exclusively in charge of social welfare may apply, ex officio, for benefits to be paid to an eligible recipient who resides in his or her competent area so that no individual in need of benefits under this Act is omitted. In such cases, he or she shall obtain consent of the relevant eligible recipient, and such consent may be deemed an application filed by the eligible recipient.
(3) When an application for benefits is filed pursuant to paragraph (1) or an eligible recipient consents to an application for benefits filed by a public official exclusively in charge of social welfare pursuant to paragraph (2), the eligible recipient and his or her obligatory provider shall submit a written consent to the provision of the following materials or information:
1. Average account balance out of data or information with respect to the details of financial assets and financial transactions under subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, and other data or information prescribed by Presidential Decree (hereinafter referred to as "financial information");
2. Amount of debt out of credit information under subparagraph 1 of Article 2 of the Credit Information Use and Protection Act, and other data or information prescribed by Presidential Decree (hereinafter referred to as "credit information");
3. Insurance premiums paid for an insurance policy falling under the subparagraphs of Article 4 (1) of the Insurance Business Act, and other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").
(4) Where an eligible recipient, etc. applies for the payment of benefits as prescribed in paragraph (1), a public official exclusively in charge of social welfare shall explain criteria for the selection of recipients, details of benefits, and methods of application for benefits, etc. to the applicant in a way easy to understand, in order to prevent the applicant from being placed at a disadvantage due to the lack of information, etc. <Newly Inserted by Act No. 13987, Feb. 3, 2016>
(5) The head of a Si/Gun/Gu shall not induce an applicant to withdraw or forgo the application for the payment of benefits. <Newly Inserted by Act No. 13987, Feb. 3, 2016>
(6) Details regarding the methods and procedures for filing applications for benefits under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Health and Welfare.
(7) Details regarding the methods, procedures, etc. for giving consent under paragraph (3) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 22 (Investigation upon Application)
(1) When an application for benefits is filed under Article 21, the head of a Si/Gun/Gu may require a public official exclusively in charge of social welfare to conduct an investigation of the following matters necessary for the determination and payment of the benefits, or require an eligible recipient to undergo a medical examination at a medical institution designated by the livelihood security agency: <Amended by Act No. 12933, Dec. 30, 2014>
1. Matters related to an obligatory provider, such as whether any obligatory provider exists, and, if any, his or her ability to support an eligible recipient;
2. Matters concerning the income and property of an eligible recipient and an obligatory provider;
3. Matters necessary for developing a self-sufficiency benefits plan referred to in Article 28, such as an eligible recipient’s work ability, employment status, and desire for self-sufficiency, etc.;
4. Other matters regarding living conditions of an eligible recipient, such as the health conditions and household characteristics.
(2) Where the head of a Si/Gun/Gu finds it impracticable to obtain the materials required for verifying the income, property, health conditions, etc. of an eligible recipient who has applied for the payment of benefits pursuant to paragraph (1), or an obligatory provider thereof, he or she may request the eligible recipient or the obligatory provider to submit the necessary materials, as determined by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 12933, Dec. 30, 2014>
(3) If necessary for determinations on benefits or the payment thereof, the head of a Si/Gun/Gu may entrust the relevant authorities with an investigation under the subparagraphs of paragraph (1), or request a person who employs an eligible recipient or his or her obligatory provider, or other interested persons, to submit the materials regarding such matters. <Amended by Act No. 12933, Dec. 30, 2014>
(4) Where a livelihood security agency intends to use computer networks or materials related to finance, national or local taxes, land, buildings, motor vehicles, health insurance, national pension, employment insurance, immigration, military affairs, reform, etc. in order to conduct an investigation under the subparagraphs of paragraph (1), it may request cooperation from the head of the relevant agency. In such cases, the head of the relevant agency shall comply therewith, unless there is good cause. <Amended by Act No. 15185, Dec. 12, 2017>
(5) Public officials exclusively in charge of social welfare who conduct the investigation pursuant to paragraph (1) shall carry a certificate verifying his or her authority and the documents stating matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the period, scope of investigation, investigators, and related statutes and regulations, and present them to interested persons. <Amended by Act No. 13987, Feb. 3, 2016>
(6) No incumbent or retired public official of the livelihood security agency shall use the information and materials which have been acquired pursuant to paragraphs (1) through (4) for any purposes other than the livelihood security purpose prescribed in this Act, or furnish them to other persons or agencies.
(7) Livelihood security agencies shall prepare and keep the findings of an investigation under paragraphs (1) through (4) in their registers, and other matters necessary for the investigation shall be determined by the Minister of Health and Welfare: Provided, That where such findings are managed by any electronic data processing organization, they may be substituted with such electronic files.
(8) Where an eligible recipient or his or her obligatory provider refuses, interferes with, or evades an investigation or a request for the submission of materials under paragraphs (1) and (2) on at least two occasions, or fails to comply with an order for a medical examination, the relevant livelihood security agency may reject an application for benefits. In such cases, Article 29 (2) shall apply mutatis mutandis.
(9) With respect to the details, procedures, methods, etc. of the investigation pursuant to paragraph (1), the Framework Act on Administrative Investigations shall apply, except as provided in this Act. <Newly Inserted by Act No. 13987, Feb. 3, 2016>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 23 (Investigations for Verification)
(1) The head of a Si/Gun/Gu shall develop an annual investigation plan in order to verify the eligibility of recipients and the appropriateness of benefits paid to them, and regularly investigate matters provided in the subparagraphs of Article 22 (1) with respect to the recipients in his or her competent district at least once a year, and may require them to undergo a medical examination at a medical institution designated by a livelihood security agency, if deemed particularly necessary: Provided, That the matters determined by the Minister of Health and Welfare shall be investigated on a quarterly basis. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Article 22 (2) through (7) shall apply mutatis mutandis to other matters necessary for an investigation for verification, such as the submission of data by recipients, the outsourcing of an investigation, and the use of computer networks.
(3) Where any recipient or his or her obligatory provider refuses, interferes with, or evades an investigation under paragraph (1) or a request for data submission under Article 22 (2) which is applied mutatis mutandis under paragraph (2) on at least two occasions, or fails to comply with an order for a medical examination, the livelihood security agency may revoke a decision on benefits for the relevant recipient or suspend or discontinue the payment of benefits to the relevant recipient. In such cases, Article 29 (2) shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 23-2 (Provision of Financial Information)
(1) Notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) of the Credit Information Use and Protection Act, the Minister of Health and Welfare may request the head of any financial institution, etc. (referring to financial companies, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and credit information collection agencies under Article 25 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to furnish financial information, credit information, or insurance information (hereinafter referred to as "financial information, etc.") by means of a consent document submitted by an eligible recipient and his or her obligatory provider pursuant to Article 21 (3) and transformed into an electronic form.
(2) Where deemed necessary to conduct an investigation for verification under Article 23, the Minister of Health and Welfare may request the head of any financial institution, etc. to furnish financial information, etc. of recipients and obligatory providers, by means of a document which includes their personal information or through information and communications networks as prescribed by Presidential Decree, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (1) of the Credit Information Use and Protection Act.
(3) Upon receipt of a request for financial information, etc. under paragraphs (1) and (2), the head of a financial institution, etc. shall furnish the financial information, etc. of title holders, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(4) The head of a financial institution, etc. who has furnished financial information, etc. pursuant to paragraph (3) shall notify the title holders of such fact: Provided, That where the holders consent to such provision, notification may be omitted, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 35 of the Credit Information Use and Protection Act.
(5) Any request for financial information, etc. and the provision thereof under paragraphs (1) through (3) shall be made via information and communications networks referred to in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection: Provided, That the same shall not apply where the information and communications network has been damaged or under any other unavoidable circumstances.
(6) No person who engages or has engaged in the business under para- graphs (1) through (3) shall use the financial information, etc. acquired while performing his or her duties for other purposes than those prescribed in this Act, or provide or divulge it to another person or institution.
(7) Matters necessary for making a request for financial information, etc. and providing such information under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 24 (Investigations of Second-Lowest Income Bracket)
(1) The head of a Si/Gun/Gu may conduct an investigation of the second-lowest income bracket, as determined by Ordinance of the Ministry of Health and Welfare, in order to conduct an investigation of the number of eligible recipients expected to require benefits under this Act in the following fiscal year as modification, etc. of the recipient selection criteria for each type of benefits has led to changes in the scope of eligible recipients. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Where the head of a Si/Gun/Gu intends to conduct an investigation under paragraph (1), he or she shall obtain the consent of the persons subject to such investigation. In such cases, such consent shall be deemed an application for benefits for the following fiscal year. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Article 22 (2) through (7) shall apply mutatis mutandis to the submission of data by persons subject to the investigation, outsourcing of the investigation, use of the related computer networks, and other matters necessary for the investigation of the second-lowest income bracket <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 25 (Reporting of Investigation Findings)
Where the head of a Si/Gun/Gu has conducted an investigation of eligible recipients, recipients, obligatory providers, and the second-lowest income bracket in accordance with Articles 22, 23, 23-2, and 24, he or she shall report the findings thereof to the competent Mayor/Do Governor, as determined by Ordinance of the Ministry of Health and Welfare, and the Mayor/Do Governor shall, upon receipt of such reports, report them to the Minister of Health and Welfare and the competent central administrative agency. The same shall apply where the Mayor/Do Governor has conducted such investigation. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 26 (Decision on Benefits)
(1) The head of a Si/Gun/Gu who has conducted an investigation pursuant to Article 22 shall make, without delay, a decision on whether benefits are to be paid and the details thereof. <Amended by Act No. 12933, Dec. 30, 2014>
(2) The head of a Si/Gun/Gu who has investigated the second-lowest income bracket pursuant to Article 24 shall make a decision on whether benefits are to be paid in the month in which the benefits under the proviso of Article 27 (1) commence, and the details thereof. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Where the head of a Si/Gun/Gu makes a decision on whether benefits are to be paid and the details thereof pursuant to paragraphs (1) and (2), he or she shall notify in writing the relevant eligible recipients or the applicants of the gist (including the grounds for calculation of the benefits) of such decision, the type of benefits, payment method, the date of commencement, etc. <Amended by Act No. 12933, Dec. 30, 2014; Act No. 16734, Dec. 3, 2019>
(4) An applicant shall be notified under paragraph (3) within 30 days from the filing of an application under Article 21: Provided, That in any of the following cases, an applicant may be notified within 60 days from the date of filing an application. In such cases, the grounds therefor shall be specified in the notice: <Amended by Act No. 12933, Dec. 30, 2014>
1. Where it takes some time to investigate the income, assets, etc. of an obligatory provider due to any extraordinary circumstance;
2. Where an eligible recipient or an obligatory provider refuses to submit to, interferes with, or evades an investigation or a request for data under Article 22 (1) and (2) or related statutes.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 27 (Payment of Benefits)
(1) Any recipient for whom the payment of any benefits and the details thereof are determined pursuant to Article 26 (1) shall be paid such benefits on or after the date an application is filed for the benefits under Article 21: Provided, That with respect to the persons who newly become recipients in January every year due to the modification of the recipient selection criteria for each type of benefits determined and published each year by the Minister of Health and Welfare or a competent central administrative agency pursuant to Article 6, January 1 of the corresponding year shall be the date payment of the relevant benefits commences. <Amended by Act No. 12933, Dec. 30, 2014>
(2) The head of a Si/Gun/Gu may provide some of the benefits referred to in under the subparagraphs of Article 7 (1), where he or she deems that urgency exists which requires payment of the benefits to eligible recipients even prior to a decision on whether the benefits are to be provided pursuant to Article 26 (1). <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 27-2 (Methods of Providing Benefits)
(1) Where the livelihood security agency provides monetary benefits, it shall deposit the benefits into a designated account in the relevant recipient's name after receiving an application from the recipient (hereinafter referred to as "account for receiving benefits"): Provided, That where it is impracticable to transfer the benefits into the account for receiving benefits due to information and communications failures or other inevitable grounds determined by Presidential Decree, benefits may be provided in a manner prescribed by Presidential Decree.
(2) Relevant financial institutions in charge of accounts for receiving benefits shall manage the accounts to make sure that only the benefits under this Act and the benefits paid by local governments under Article 4 (4) are deposited into the accounts for receiving benefits. <Amended by Act No. 15875, Dec. 11, 2018>
(3) The methods and procedures for depositing benefits into accounts or for providing money, etc. referred to in paragraph (1) and necessary matters for managing the accounts for receiving benefits referred to in paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10782, Jun. 7, 2011]
 Article 27-3 (Receipt of Benefits by Agents)
(1) Where a recipient falls under any of the following, the livelihood security agency may deposit the benefit in an account in the name of the spouse, a lineal relative, or a collateral relative within three degrees of kinship (hereinafter referred to as “spouse, etc.”) with the consent of the recipient or guardian, notwithstanding the main clause of Article 27-2 (1):
1. Where he or she is under adult guardianship;
2. Where his or her monetary claim is seized due to default;
3. Where it is difficult to open an account in his or her name due to a reason prescribed by Presidential Decree.
(2) A livelihood security agency that intends to deposit a benefit in an account in the name of a spouse, etc. pursuant to paragraph (1) shall explain to the spouse, etc. reason for, purpose of the use of the benefit that it intends to pay, prohibition of use of the benefit for other purposes, etc.
(3) A spouse, etc. who are paid a benefit pursuant to paragraph (1) shall not use the benefit for a purpose other than the prescribed purpose.
(4) Matters necessary for the procedures for paying benefits under paragraph (1) to a spouse, etc., methods thereof, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 16367, Apr. 23, 2019]
 Article 28 (Formulation of Self-Sufficiency Benefits Plans)
(1) In order to provide systematic support for recipients in terms of self-sufficiency, the head of a Si/Gun/Gu shall formulate a self-sufficiency benefits plan for each household of the recipients, as determined by the Minister of Health and Welfare, in consideration of the findings of an investigation conducted under Articles 22, 23, 23-2, and 24, and shall pay the benefits accorded under this Act. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Where it is necessary for the self-sufficiency of any recipients, livelihood security agencies may, if there are any other benefits that may be paid by the livelihood security agencies pursuant to other Acts, such as the Social Welfare Services Act, or if any support may be provided by private institutions, etc., pay such benefits, or link the recipients to such support, according to the self-sufficiency benefits plan under paragraph (1).
(3) The head of a Si/Gun/Gu may regularly evaluate changes in the conditions of the self-sufficiency of the relevant recipients and the results of the payment of benefits, and then make changes to the self-sufficiency benefits plan, if necessary. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 29 (Modification of Benefits)
(1) Where the income, property, ability to work, etc. of a recipient has been changed, a livelihood security agency may modify the types, methods, etc. of the benefits to the recipient, ex officio or upon request from the recipient, his or her relative, or other interested parties.
(2) Any modification of the benefits under paragraph (1) shall be notified in writing to the recipient, specifying in detail the reasons, such as grounds for calculation. <Amended by Act No. 16734, Dec. 3, 2019>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 30 (Suspension of Benefits)
(1) A livelihood security agency shall suspend all or some of the benefits, if a recipient falls under any of the following cases:
1. Where no further need exists to provide all or some of the benefits to a recipient;
2. Where a recipient refuses all or some of the benefits.
(2) Where a recipient with ability to work fails to comply with the conditions under Article 9 (5), all or some of the livelihood benefits to the recipient may not be provided until the conditions are met, notwithstanding Article 7 (2).
(3) Article 29 (2) shall apply mutatis mutandis to the suspension, etc. of benefits referred to in paragraphs (1) and (2).
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 31 (Hearings)
Where a livelihood security agency intends to revoke the designation of any regional self-support center pursuant to Article 16 (3) or to cancel a decision on benefits pursuant to Article 23 (3), it shall hold hearings.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER V LIVELIHOOD SECURITY FACILITY
 Article 32 (Livelihood Security Facilities)
"Livelihood security facilities" in this Act means social welfare facilities under the Social Welfare Services Act, which pay benefits under Article 7, and which are prescribed by Ordinance of the Ministry of Health and Welfare from among the following facilities: <Amended by Act No. 12933, Dec. 30, 2014; Act No. 14224, May 29, 2016>
1. Residential facilities for persons with disabilities under Article 58 (1) 1 of the Act on Welfare of Persons with Disabilities;
2. Residential and welfare facilities for senior citizens under Article 32 (1) of the Welfare of Senior Citizens Act and medical welfare facilities under Article 34 (1) of the same Act;
3. Child welfare facilities and integrated facilities under Article 52 (1) and (2) of the Child Welfare Act;
5. Rehabilitation facilities for homeless persons, and sanatoriums for homeless persons under Article 16 (1) 3 and 4 of the Act on Support for Welfare and Self-Reliance of the Homeless, Etc.;
6. Facilities for protecting the victims of domestic violence under Article 7 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims;
7. Facilities for supporting the victims of commercial sex, etc. under Article 9 (1) of the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims;
8. Facilities for protecting the victims of sexual violence under Article 12 of the Sexual Violence Prevention and Victims Protection Act;
9. Welfare facilities for single-parent families under Article 19 (1) of the Single-Parent Family Support Act;
10. Tuberculosis and Hansen's Disease sanatoriums, from among social welfare facilities under subparagraph 4 of Article 2 of the Social Welfare Services Act;
11. Other facilities prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 33 (Duties of Heads of Livelihood Security Facilities)
(1) Where the heads of livelihood security facilities are entrusted with the payment of benefits to recipients by livelihood security agencies, they shall not refuse such entrustment without justifiable grounds.
(2) The heads of livelihood security facilities shall pay at least the minimum level of benefits determined by the Minister of Health and Welfare to the recipients, the payment of whose benefits is entrusted thereto. <Amended by Act No. 12933, Dec. 30, 2014>
(3) When paying benefits to the recipients, the heads of livelihood security facilities shall not discriminate against the recipients on the grounds of their gender, religion, social status, etc.
(4) When paying benefits to any recipients, the heads of livelihood security facilities shall ensure that the recipients are able to lead an independent life.
(5) The head of a livelihood security facility shall not compel the recipients to engage in any religious activities.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER VI RECIPIENTS’ RIGHTS AND DUTIES
 Article 34 (Prohibition on Change of Benefits)
Benefits to a recipient shall not be changed in a way unfavorable to him or her, without any justifiable grounds.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 35 (Prohibition on Seizure)
(1) Any receivable cash and goods (including the benefits paid by local governments under Article 4 (4)) to a recipient and the right to receive them shall not be seized. <Amended by Act No. 10782, Jun. 7, 2011; Act No. 15875, Dec. 11, 2018>
(2) The claim for the savings in the accounts for receiving benefits designated pursuant to Article 27-2 (1) shall not be seized. <Newly Inserted by Act No. 10782, Jun. 7, 2011>
 Article 36 (Prohibition on Transfer)
A recipient of benefits shall not transfer his or her right to receive the benefits to any other persons.
 Article 37 (Duty to Report)
Where any change has occurred in the area of residence, the composition of a household, or the terms and conditions of a lease contract, or where any significant change has occurred in the matters falling under the subparagraphs of Article 22 (1), the recipient shall report such fact to the competent livelihood security agency without delay. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER VII FILING OBJECTIONS
 Article 38 (Filing Objections with Mayors/Do Governors)
(1) Where a recipient of benefits, or an applicant for benefits, or an applicant for any modification thereto is dissatisfied with a disposition by the head of a Si/Gun/Gu (referring to Si/Do superintendents of education, in cases of education benefits under Article 7 (1) 4), he or she may file a written or oral objection with the relevant Mayor/Do Governor (referring to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and Si/Do superintendents of education, where he or she is dissatisfied with a disposition by such Mayor, Governor and superintendents of education) via the relevant livelihood security agency within 90 days from the date he or she is notified of such disposition. In such cases, the public official of any livelihood security agency who has received an oral objection shall help the applicant prepare a written objection. <Amended by Act No. 12933, Dec. 30, 2014; Act No. 15185, Dec. 12, 2017>
(2) The head of a Si/Gun/Gu who has received an objection under paragraph (1) shall forward such objection to the Mayor/Do Governor within 10 days, along with his or her written opinion and relevant documents.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 39 (Disposition by Mayor/Do Governor)
(1) The Mayor/Do Governor, in receipt of a written objection from the head of a Si/Gun/Gu pursuant to Article 38 (2) (referring to cases where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or City/Do superintendents of education have received a written objection in person), he or she shall conduct a necessary review of the objection within 30 days to reject or dismiss the objection, modify or cancel the relevant disposition, or order the payment of necessary benefits. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Where the Mayor/Do Governor renders a disposition, etc. pursuant to paragraph (1), he or she shall, without delay, give a written notice to an applicant and the head of the relevant Si/Gun/Gu.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 40 (Filing Objections with Minister of Health and Welfare)
(1) Any person dissatisfied with any disposition, etc. under Article 39 may file a written or oral objection with the Minister of Health and Welfare (referring to the head of the competent cental administrative agency, in cases of housing benefits or education benefits under Article 7 (1) 2 or 4; and an objection filed with the Minister of Health and Welfare shall be deemed filed with the head of the competent central administrative agency) via the relevant Mayor/Do Governor within 90 days from the date he or she is notified of such disposition, etc. In such cases, a public official of any livelihood security agency in receipt of an oral objection shall help the applicant prepare a written objection. <Amended by Act No. 12933, Dec. 30, 2014; Act No. 15185, Dec. 12, 2017>
(2) The Mayor/Do Governor in receipt of an objection under paragraph (1) shall forward such objection to the Minister of Health and Welfare, or to the head of the competent central administrative agency (limited to objections regarding housing benefits or education benefits under Article 7 (1) 2 or 4) within 10 days, along with his or her written opinion and relevant documents. <Amended by Act No. 12933, Dec. 30, 2014>
(3) Methods, etc. for filing objections, other than the matters provided in paragraphs (1) and (2), shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 41 (Decisions on Objections and Notification)
(1) Where the Minister of Health and Welfare or the head of the competent central administrative agency has received a written objection pursuant to Article 40 (2), he or she shall conduct a necessary review of the objection within 30 days, and either reject or dismiss the objection, or make a decision to modify or revoke the relevant disposition. <Amended by Act No. 12933, Dec. 30, 2014>
(2) Where the Minister of Health and Welfare or the head of the competent central administrative agency has made a decision under paragraph (1), he or she shall, without delay, give written notice of the details thereof to the relevant Mayor/Do Governor and the applicant. In such cases, where the head of the competent central administrative agency gives notice of the details of the decision, he or she shall notify the Minister of Health and Welfare of such fact. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER VIII COST OF BENEFITS
 Article 42 (Expenses for Livelihood Security)
"Expenses for livelihood security" in this Act means the following expenses: <Amended by Act No. 12933, Dec. 30, 2014; Act No. 16239, Jan. 15, 2019>
1. Personnel and office expenses associated with livelihood security duties under this Act;
2. Expenses incurred in operating the livelihood security committees under Article 20;
3. Expenses incurred in paying benefits under Articles 8, 11, 12, 12-3, 13, 14, 15, 15-2, 15-3, 15-10, and 16 through 18;
4. Other expenses incurred in performing livelihood security duties under this Act.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 43 (Classification of Expenses for Livelihood Security)
(1) The expenses for livelihood security shall be borne as follows: <Amended by Act No. 12933, Dec. 30, 2014>
1. Expenses incurred in relation to livelihood security duties performed by the State or a City/Do shall be borne by the State or the relevant City/Do;
2. Expenses incurred in the payment of benefits under Article 19 (2) shall be borne by the State or the relevant City/Do;
3. Expenses incurred under subparagraphs 1 and 2 of Article 42, out of those required for the livelihood security duties performed by a Si/Gun/Gu, shall be borne by the relevant Si/Gun/Gu;
4. Expenses referred to in subparagraphs 3 and 4 of Article 42, out of those required for the livelihood security duties performed by a Si/Gun/Gu (hereafter referred to as "Si/Gun/Gu’s expenses for livelihood security" in this subparagraph), shall be borne by the State, City/Do, and Si/Gun/Gu, as classified below differently based on the financial conditions, disbursement of social security expenses, etc. of the relevant Si/Gun/Gu:
(a) The State shall bear at least 40/100 but not more than 90/100 of the total amount of Si/Gun/Gu’s expenses for livelihood security;
(b) The City/Do shall bear at least 30/100 but not more than 70/100 of the amount obtained by deducting the portion borne by the State as referred to in item (a) from the total amount of Si/Gun/Gu’s expenses for livelihood security, while the Si/Gun/Gu shall bear the amount obtained by deducting the amount borne by the State and City/Do from the total amount of Si/Gun/Gu’s expenses for livelihood security: Provided, That the Special Self-Governing City and the Special Self-Governing Province shall bear the amount obtained by deducting the amount borne by the State from the total amount of Si/Gun/Gu’s expenses for livelihood security.
(2) Of the expenses for livelihood security incurred under this Act, the State shall render the estimated sum of its shares to each local government in the form of subsidy each year, and any excess or deficit shall be settled by adjustment of either a return or an additional subsidy.
(3) The City/Do shall render its subsidy to the Si/Gun/Gu each year after aggregating the subsidy of the State under paragraph (2) and the estimated sum of its shares under paragraph (1) 4, and any surplus or deficit shall be settled by the adjustment of either a return or an additional subsidy.
(4) Matters necessary for the calculation of subsidies and adjustment method under paragraphs (2) and (3) shall be prescribed by Presidential Decree.
(5) Where benefits are paid pursuant to ordinances of local governments in excess of their scope and level under this Act, such excess expenses for livelihood security shall be borne by the relevant local governments.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 43-2 (Special Cases concerning Burden of Security Expenses for Education Benefits)
Notwithstanding Article 43 (1), expenses incurred in relation to the livelihood security duties performed by City/Do superintendents of education pursuant to Articles 12 and 12-2 shall be shared on a differential basis, as specified in the following subparagraphs:
1. Subsidization of admission fees and tuition fees for recipients whose countable income is at least 40% of the standard median income shall be governed by Article 60-4 of the Elementary and Secondary Education Act;
2. The stationery expenses and other receivable cash and goods of the recipients whose countable income is at least 40% of the standard median income shall be borne by the State, City/Do, or Si/Gun/Gu, and the detailed apportionment ratios shall be governed by the items of Article 43 (1) 4;
3. The expenses for livelihood security for the recipients whose countable income is less than 40% of the standard median income shall be borne by the State, City/Do, or Si/Gun/Gu pursuant to the items of Article 43 (1) 4, but the subsidization of admission fees and tuition fees for recipients under the criteria which additionally apply pursuant to Article 12-2 shall be governed by Article 60-4 of the Elementary and Secondary Education Act.
[This Article Newly Inserted by Act No. 12933, Dec. 30, 2014]
 Article 44 Deleted. <by Act No. 8112, Dec. 28, 2006>
 Article 45 (Disposal of Money and Goods Remaining After Death)
In paying funeral benefits under Article 14, if the decreased has no obligatory provider, the head of a Si/Gun/Gu may appropriate the money or securities left behind by the decreased for the funeral costs, and any deficit thereof may be covered by the proceeds from the sale of the goods remaining. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 46 (Collection of Costs)
(1) Where it has been verified that the recipient has an obligatory provider, a livelihood security agency that has paid expenses for livelihood security may collect full or some of such expenses from the obligatory provider within the limit of support obligations, after deliberation and resolution by the Livelihood Security Committee referred to in Article 20.
(2) Where a person has received benefits or let others do so by fraud or other wrongful means, the livelihood security agency which has paid the expenses for livelihood security may collect full or some of such expenses from the person who has received the benefits or who has let others do so (hereinafter referred to as "unlawful recipients").
(3) The amount to be collected pursuant to paragraph (1) or (2) shall be collected after notifying an obligatory provider or an unlawful recipient thereof, and if the obligatory provider or the unlawful recipient fails to comply therewith, the livelihood security agency shall collect the amount in the same manner as delinquent national or local taxes are collected.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 47 (Order to Return)
(1) Where modification, suspension, or discontinuation of benefits results in overpayment of receivable cash and goods already paid to a recipient, the livelihood security agency shall, without delay, order the recipient to return all or some of the overpaid portion: Provided, That where the overpaid portion has already been spent or the recipient has any inevitable grounds, such return may be exempted.
(2) Where the head of a Si/Gun/Gu has paid urgent benefits pursuant to Article 27 (2), but decides otherwise after investigation, he or she may order the recipient to return such benefits. <Amended by Act No. 12933, Dec. 30, 2014>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
CHAPTER IX PENALTY PROVISIONS
 Article 48 (Penalty Provisions)
(1) Any person who has used, furnished, or divulged financial information, etc. in violation of Article 23-2 (6) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.
(2) Any person who has used or provided information or data in violation of Article 22 (6) (including cases where Article 22 (6) applies mutatis mutandis to Article 23 (2)) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 14880, Sep. 19, 2017>
1. and 2. Deleted. <by Act No. 14880, Sep. 19, 2017>
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 49 (Penalty Provisions)
Any person who falls under any of the following shall be punished by imprisonment with labor for not more than one year, by a fine not exceeding 10 million won, by imprisonment for misdemeanor or by a minor fine: <Amended by Act No. 12933, Dec. 30, 2014; Act No. 16367, Apr. 23, 2019>
1. A person who receives or lets another person receive benefits by fraud or other improper means;
2. A person who uses the benefits received for a purpose other than the prescribed purpose, in violation of Article 27-3 (3).
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 49-2 (Penalty Provision)
Any person who discloses information that he or she has learned in the course of performing duties, or uses it for other purposes in violation of Article 15-8 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
[This Article Newly Inserted by Act No. 16239, Jan. 15, 2019]
 Article 50 (Penalty Provisions)
Any person who has, without any justifiable grounds, refused the entrustment of providing benefits to a recipient or has compelled him or her to engage in any religious activities in violation of Article 33 (1) or (5) shall be punished by a fine not exceeding three million won, by imprisonment for misdemeanor or by a minor fine.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
 Article 51 (Joint Penalty Provisions)
Where the representative of a corporation, or an agent, employee or worker employed by a corporation or individual commits any of the offenses specified in Article 48 or 49 in connection with the businesses of said corporation or individual, the corporation or individual, in addition to the offender concerned, shall also be punished by a fine or a minor fine under each relevant Article: Provided, That the same shall not apply where the corporation or individual has not been negligent in exercising reasonable caution and supervision toward such businesses to prevent such offense.
[This Article Wholly Amended by Act No. 11248, Feb. 1, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2000: Provided, That the provisions of Article 5 (1) shall enter into force on January 1, 2003.
Article 2 (Repeal of Other Statutes)
The Protection of the Minimum Living Standards Act shall be repealed.
Article 3 Omitted.
Article 4 (Special Case of Model Projects)
Notwithstanding the proviso of Article 1 of the Addenda, the Minister of Health and Welfare may, from the date of enforcement of this Act until December 31, 2002, carry out a model project in such areas as he publicly notifies in order to ensure the propriety of the scope of eligible recipients under Article 5 (1). In this case, the provisions of Articles 5 and 6 of the Addenda shall not be applicable.
Article 5 (Special Case concerning Application with Respect to Scope of Eligible Recipients)
Eligible recipients, from the date of the enforcement of this Act until December 31, 2002, shall be those who have no obligatory provider or, if any, a person unable to do so or unreliable for such a support, and who fall under the criteria for selecting eligible recipients set forth by the Minister of Health and Welfare every year on the basis of the evaluated amount of income and property of individual households, in consideration of the minimum cost of living.
Article 6 (Special Case concerning Application with Respect to Countable Income)
The countable income under Articles 7 (2) and 9 (4) from the date of the enforcement of this Act until December 31, 2002 shall refer to the assessed amount of income earned by individual households under subparagraph 8 of Article 2.
Article 7 (Preparation for Enforcement of Act)
(1) The Minister of Health and Welfare may, where deemed necessary for the enforcement of this Act, request the State, local governments, public organizations, and other related persons to provide cooperation, such as the submission of data which are necessary to prepare for the enforcement of this Act, before this Act enters into force.
(2) The State, local governments, public organizations, and other related persons in receipt of a request for the cooperation under paragraph (1) shall faithfully comply therewith.
Article 8 (Transitional Measures concerning Self-Support Guardian Institutes)
The self-support guardian institutes and the self-support communities that were designated or established under the previous Protection of Minimum Living Standards Act at the time of the enforcement of this Act shall be deemed to have been designated or established under this Act, respectively.
Article 9 (Transitional Measures concerning Filing Objections)
With respect to the objections filed under the previous Protection of Minimum Living Standards Act prior to the enforcement of this Act, the previous Act shall apply.
Article 10 (Transitional Measures concerning Protection Funds)
The protection funds under the previous Protection of Minimum Living Standards Act at the time of the enforcement of this Act shall be regarded as the livelihood security funds under this Act.
Article 11 (Transitional Measures concerning Administrative Dispositions)
Dispositions and other actions that were taken by, or applications, etc. that were filed with, the protection agency under the previous Protection of Minimum Living Standards Act prior to the enforcement of this Act shall be regarded as dispositions and other actions that have been taken by, or applications, etc. that have been filed with, the livelihood security agency under this Act.
Article 12 (Transitional Measures concerning Penalty Provisions)
In the application of penalty provisions for the offences committed in violation of the previous Protection of Minimum Living Standards Act prior to the enforcement of this Act, the previous Act shall apply.
Article 13 (Relationship to Other Statutes and Regulations)
Any reference that has been made to the previous Protection of Minimum Living Standards Act by other statutes and regulations at the time of the enforcement of this Act shall, if there exists any corresponding provisions in this Act, be regarded as a reference that has been made to the provisions corresponding thereto in this Act, in lieu of the previous provisions.
ADDENDUM <Act No. 7181, Mar. 5, 2004>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 6 (2) shall enter into force on January 1, 2005, and the amended provisions of subparagraph 5 of Article 2 shall enter into force on July 1, 2005.
ADDENDUM <Act No. 7738, Dec. 23, 2005>
This Act shall enter into force on January 1, 2007.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8112, Dec. 28, 2006>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 2007.
(2) (Transitional Measures concerning Provisions of Funeral Benefits to Persons in Second-Lowest Income Bracket Receiving Existing Medical Benefits) From among the eligible recipients under Article 3 (1) 9 of the Medical Care Assistance Act before this Act enters into force, any patient suffering from rare and incurable illness or chronic illness or any person in the second-lowest income bracket who is a child under 18 years of age receiving medical benefits since January 1, 2004 shall be eligible for funeral benefits under Article 7 (1) 6.
(3) (Transitional Measures concerning Self-Support Guardian Institutes) Any corporation, etc. which was designated as a self-support guardian institute under the previous provisions as at the time this Act enters into force shall be deemed designated as a regional self-support center under the amended provisions of Article 16.
(4) (Transitional Measures with Regard to Livelihood Security Funds) The livelihood security funds under the previous provisions of Article 44 as at the time this Act enters into force shall be deemed a self-support fund under the amended provisions of Article 18-3.
ADDENDUM <Act No. 8641, Oct. 17, 2007>
This Act shall enter into force on July 1, 2008: Provided, That the amended provisions of Article 43 (1) 4 shall enter into force on January 1, 2008.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9617, Apr. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Articles 2 through 13 Omitted.
ADDENDA <Act No. 9795, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9932. Jan. 18, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10507, Mar. 30, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 10782, Jun. 7, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10997, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 11248, Feb. 1, 2012>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 15-2 (1) 3, 15-2 (1) 5, 15-3, and 18 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12933, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 20 shall enter into force on the date of its promulgation.
Article 2 (Preparation for Enforcement of Act)
The Minister of Health and Welfare and the heads of the competent central administrative agencies may perform preparatory acts necessary for the enforcement of this Act from the date this Act is promulgated.
Article 3 (Applicability to Publication of Minimum Security Level)
Notwithstanding the amended provisions of Article 6 (2), the recipient selection criteria and minimum security level for each type of benefits under the amended provisions of Article 6 shall be made public before this Act enters into force.
Article 4 (Applicability to Payment of Benefits)
The amended provisions concerning the payment of benefits shall begin to apply from the month in which the enforcement date of this Act falls.
Article 5 (Transitional Measures concerning Previous Recipients)
(1) Where any recipient under the previous provisions as at the time this Act enters into force meets the recipient selection criteria for each type of benefit under the amended provisions of Articles 8, 11, 12, or 12-3, he or she shall be deemed a recipient selected respectively pursuant to the relevant amended provisions.
(2) Where a decrease occurs in cash benefits (referring to the aggregate of the amount of livelihood benefits under the previous Article 8 and the amount of housing benefits under previous Article 11) for any recipient under the previous provisions as at the time this Act enters into force, the relevant livelihood security agency shall disburse the decreased amount (hereinafter referred to as “amount of compensation”) to the relevant recipient: Provided, That where the countable income of the relevant recipient has increased, or the minimum security level has been raised, the respective increases incurring therefrom shall be subtracted from the amount of compensation and the payment period shall expire when the amount of compensation becomes zero.
(3) The livelihood benefit selection criteria under the amended provisions of Article 8 (2) after this Act enters into force shall be set higher than the livelihood benefit level under the previous provisions, and shall be gradually adjusted upward to reach at least 30/100 of the standard median income until 2017.
Article 6 (General Transitional Measures concerning Dispositions)
(1) Acts committed by, or against, livelihood security agencies under the previous provisions as at the time this Act enters into force shall be deemed acts by, or against, the livelihood security agencies under the amended provisions corresponding thereto.
(2) The Minister of Health and Welfare, etc. shall formulate a basic plan for basic livelihood security and a comprehensive plan for basic livelihood security, under the amended provisions of Article 20-2 and conduct an investigation of the current status, within two years after this Act enters into force.
(3) Citation of any statutes and regulations concerning eligible recipients under subparagraph 1 of Article 2, recipients under subparagraph 2 of Article 2, the minimum cost of living under subparagraph 6 of Article 2, the second-lowest income bracket under subparagraph 11 of Article 2 and the eligible recipient under Article 5 as at the time this Act enters into force shall, until Dec. 31, 2015, be deemed citation of the previous provisions. In such cases, eligible recipients of medical benefits under the amended provisions of Article 12-3 shall be deemed eligible recipients governed by the previous provisions.
Article 7 Omitted.
Article 8 (Relationship to Other Statutes and Regulations)
A citation of the previous provisions by other statutes and regulations in force as at the time this Act enters into force shall be deemed a citation of the relevant amended provisions of this Act in lieu of the previous provisions, if such relevant provisions exist in this Act.
ADDENDUM <Act No. 13987, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDUM <Act No. 14880, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15185, Dec. 12, 2017>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 38 (1) and 40 (1) shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 15875, Dec. 11, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16239, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparations for Establishment of Development Institute for Self-Sufficiency and Welfare)
(1) The Minister of Health and Welfare shall form a committee to establish the Korea Development Institute for Self-Sufficiency and Welfare by entrusting the establishment thereof to 10 or less persons to serve as establishing members including a chairperson within 30 days from the enforcement date of this Act in order to have the committee handle matters concerning the establishment of the Development Institute for Self-Sufficiency and Welfare.
(2) The establishment committee shall write articles of incorporation and obtain approval from the Minister of Health and Welfare.
(3) Notwithstanding Article 15-4 (2) and (4), the Minister of Health and Welfare shall appoint directors, an auditor, and a president at the time the Development Institute for Self-Sufficiency and Welfare is established.
(4) Where the establishment committee obtains approval under paragraph (2), it shall, without delay, register the establishment of the Development Institute for Self-Sufficiency and Welfare and transfer the business to the president.
(5) The establishment committee shall be deemed to be dissolved and the entrustment agreement with the members to be terminated when the transfer of business under paragraph (4) is completed.
(6) The State may support the Development Institute for Self-Sufficiency and Welfare with expenses necessary for establishment within budget subsidies paid to the Central Self-Sufficiency Center pursuant to the previous Article 15-2 (3).
Article 3 (Transitional Measures Following Establishment of Development Institute for Self-Sufficiency and Welfare)
(1) The Central Self-Sufficiency Center established pursuant to the previous Article 15-2 as at the time this Act enters into force shall be deemed dissolved when registration of the establishment of the Development Institute for Self-Sufficiency and Welfare is completed pursuant to Article 2 (4) of the Addenda, notwithstanding the provisions concerning dissolution and liquidation of legal entities under the Civil Act.
(2) The Development Institute for Self-Sufficiency and Welfare shall comprehensively succeed to all property, rights and liabilities of the Central Self-Sufficiency Center simultaneously with the establishment of the Development Institute for Self-Sufficiency and Welfare.
(3) The value of the property on the book on the day before the day on which succession takes place shall be the value of the property succeeded by the Development Institute for Self-Sufficiency and Welfare pursuant to paragraph (2).
(4) The name of the Central Self-Sufficiency Center registered on the register or other public books shall be deemed the name of the Development Institute for Self-Sufficiency and Welfare.
(5) The acts performed by the Central Self-Sufficiency Center and by the educational institutions entrusted with duties pursuant to the previous Article 18-5 (2), or the acts performed toward the Central Self-Sufficiency Center and toward the educational institutions entrusted with duties pursuant to the previous Article 18-5 (2) before the Development Institute for Self-Sufficiency and Welfare is established shall be deemed acts performed by the Development Institute for Self-Sufficiency and Welfare or acts performed toward the Development Institute for Self-Sufficiency and Welfare.
(6) The staff members of the Central Self-Sufficiency Center and the educational institutions entrusted with duties pursuant to the previous Article 18-5 (2) shall be deemed to be employed as staff members by the Development Institute for Self-Sufficiency and Welfare on the day the establishment of the Development Institute for Self-Sufficiency and Welfare is registered.
Article 4 (Transitional Measures concerning Designated Metropolitan Self-Sufficiency Centers)
The legal entities, etc. designated as metropolitan self-sufficiency centers by the livelihood security agencies pursuant to the previous Article 15-3 as at the time this Act enters into force shall be deemed metropolitan self-sufficiency centers under the amended provision of Article 15-10 until the designation expires.
ADDENDUM <Act No. 16367, Apr. 23, 2019>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16734, Dec. 3, 2019>
This Act shall enter into force six months after the date of its promulgation.