ENFORCEMENT DECREE OF THE MULTICULTURAL FAMILIES SUPPORT ACT
Wholly Amended by Presidential Decree No. 23156, Sep. 22, 2011
Amended by Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 24004, Jul. 31, 2012
Presidential Decree No. 24317, Jan. 16, 2013
Presidential Decree No. 24446, Mar. 23, 2013
Presidential Decree No. 25049, Dec. 30, 2013
Presidential Decree No. 25431, Jun. 30, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28939, Jun. 5, 2018
Presidential Decree No. 29426, Dec. 24, 2018
Presidential Decree No. 30114, Oct. 8, 2019
| Article 2 (Formulation and Execution of Annual Implementation Plans) |
| (1) | To ensure that the heads of relevant central administrative agencies and a Special Metropolitan City Mayor, Metropolitan City Mayors, a Special Self-Governing City Mayor, Do Governors, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors") effectively formulate and execute annual implementation plans (hereinafter referred to as “implementation plan”) pursuant to Article 3-3 (1) of the Multicultural Families Support Act (hereinafter referred to as the “Act”), the Minister of Gender Equality and Family shall formulate guidelines for formulating the following year’s implementation plan and inform the heads of relevant central administrative agencies and the Mayors/Do Governors of the guideline by no later than October 31 of each year. <Amended on Jun. 5, 2018> |
| (2) | Among the matters in the guideline referred to in paragraph (1), the matters related to the policies on foreigners shall be determined in consultation with the Minister of Justice. |
| (3) | The heads of relevant central administrative agencies and the Mayors/Do Governors shall formulate the following year’s implementation plan in accordance with the guidelines for formulating the implementation plan under paragraph (1), and submit the implementation plan to the Minister of Gender Equality and Family by no later than December 31 of each year. |
| (4) | The Minister of Gender Equality and Family shall combine the implementation plan submitted by the heads of relevant central administrative agencies and the Mayors/Do Governors in accordance with paragraph (3) and the implementation plan under the jurisdiction of the Ministry of Gender Equality and Family, and shall submit the same to the Multicultural Family Policy Commission under Article 3-4 of the Act (hereinafter referred to as "Policy Commission"). |
| (5) | Where the implementation plan referred to in paragraph (3) becomes final after deliberation and coordination by the Policy Commission, the Minister of Gender Equality and Family shall, without delay, notify the same to the heads of relevant central administrative agencies and the Mayors/Do Governors. |
| Article 3 (Evaluation, etc. of Performance) |
| (1) | The Minister of Gender Equality and Family shall formulate guidelines for preparing a report on performance of the preceding year’s implementation plan pursuant to Article 3-3 (2) and (3) of the Act, and shall notify the same to the heads of relevant central administrative agencies and the Mayors/Do Governors. |
| (2) | Among the matters in the guideline referred to in paragraph (1), the matters related to the policies on foreigners shall be determined in consultation with the Minister of Justice. |
| (3) | The heads of relevant central administrative agencies and the Mayors/Do Governors shall prepare a report on the implementation performance of the preceding year in accordance with the guidelines for preparing reports on performance under paragraph (1) and submit the report to the Minister of Gender Equality and Family by no later than the end of February of each year. |
| (4) | The Minister of Gender Equality and Family shall comprehensively evaluate the performance reported by the heads of relevant central administrative agencies and the Mayors/Do Governors under paragraph (3) and the performance under the jurisdiction of the Ministry of Gender Equality and Family, and shall report the evaluation results to the Policy Commission. |
| (5) | Where necessary to conduct more efficient evaluations under paragraph (4), the Minister of Gender Equality and Family may consult relevant experts or request them to conduct an investigation or analysis, etc. In such cases, the Minister of Gender Equality and Family may pay allowance, and reimburse travel expenses and other necessary expenses, to relevant experts, within budgetary limits. |
| Article 4 (Cooperation in Formulation, etc. of Plan) |
| (1) | Where it is necessary to establish and implement an implementation plan and evaluate performance thereof, the Minister of Gender Equality and Family, the heads of relevant central administrative agencies, and the Mayors/Do Governors may request cooperation from the heads of State institutions, local governments, or the public institutions under Article 4 of the Act on the Management of Public Institutions. |
| (2) | A person in receipt of a request for cooperation under paragraph (1) shall comply therewith, except in extenuating circumstances. |
| Article 5 (Formation, etc. of the Policy Commission) |
| (1) | “The head of a central administrative agency prescribed by Presidential Decree” in Article 3-4 (3) 1 of the Act means the Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Justice, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Health and Welfare, the Minister of Employment and Labor, the Minister of Gender Equality and Family, and the Minister of the Office for Government Policy Coordination. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (2) | The chairperson of the Policy Commission (hereinafter referred to as “chairperson”) may appoint not more than seven commission members pursuant to Article 3-4 (3) 2 of the Act. |
| (3) | The term of office of the commission members referred to in paragraph (2) shall be two years. |
| (4) | If deemed necessary, the chairperson may require the heads of central administrative agencies and local governments related to the agenda to be deliberated by the Policy Commission, to participate in the meeting. |
| (5) | To handle the affairs of the Policy Commission, one administrative secretary shall be appointed within the Policy Commission, and the administrative secretary shall be the head of the Youth and Family Policy Office of the Ministry of Gender Equality and Family. |
| (1) | The chairperson shall represent the Policy Commission and supervise the affairs of the Policy Commission. |
| (2) | When the chairperson becomes unable to perform his/her duties due to any inevitable reasons, the Minister of Gender Equality and Family shall act on behalf of the chairperson. |
| Article 7 (Meetings of Policy Commission) |
| (1) | The chairperson shall convene and preside over meetings of the Policy Commission. |
| (2) | When the chairperson intends to convene a meeting of the Policy Commission, he/she shall notify the committee members of the Policy Commission and the persons to participate in the meeting under Article 5 (4), of the date, time, venue, and agenda of the meeting in writing, by no later than five days prior to the date: Provided, That this shall not apply where a meeting must be convened urgently and where other inevitable reasons exist. |
| (3) | A majority of the total members of the Policy Commission shall constitute a quorum of a meeting of the Policy Commission, and any resolution thereof shall require the concurring votes of at least a majority of those present. |
| Article 8 (Formation and Operation, etc. of Working Committee) |
| (1) | A working committee established within the Policy Commission pursuant to Article 3-4 (4) of the Act (hereinafter referred to as “Working Committee”) shall review each of the following: |
| 1. | Matters concerning the agenda to be deliberated upon by the Policy Commission; |
| 2. | Matters the review of which is instructed by the Policy Commission; |
| 3. | Other matters necessary for operation of the Working Committee. |
| (2) | The chairperson of the Working Committee shall be the Vice Minister of Gender Equality and Family, and the members of the Working Committee shall be appointed by the head of the relevant central administrative agency, from among the public officials in general service, belonging to the senior civil service corps of the central administrative agency to which the members of the Policy Commission under Article 5 (1) belong, or from among the public officials of Grades I through III not belonging to the senior civil service corps. |
| (3) | If deemed necessary, the chairperson of the Working Committee may require the public officials of the relevant central administrative agencies and local governments related to the agenda of the Working Committee to participate in the meetings of the Working Committee. |
| (4) | Where it is deemed necessary to professionally review any matter related to multicultural families, the chairperson of the Working Committee may establish and operate a working-level consultative body concerning the policy for multicultural families (hereinafter referred to as “working-level consultative body”) that consists of public officials at the level of chief of division of a central administrative agency to which the members of the Policy Commission under Article 5 (1) belong or at the level of chief of division of the relevant administrative agency. |
| (5) | Where necessary to perform official duties, the Working Committee may consult relevant public officials or experts, or request relevant institutions, organizations, etc. to submit data, opinions, etc. and provide other necessary cooperation. |
| (6) | Article 7 shall apply mutatis mutandis to the operation of the Working Committee. In such cases, the term “Policy Commission” shall be construed as “Working Committee”. |
| Article 9 (Allowances, etc.) |
Allowance and travel expenses may be paid, within the budgetary limits, to members of the Policy Commission and Working Committee, employees or experts of relevant institutions, organizations, etc. who participate in a meeting of the Policy Commission or the Working Committee: Provided, That this shall not apply where a public official participates in the said meeting in direct connection with duties under his/her jurisdiction.
| Article 10 (Detailed Rules) |
Except as otherwise expressly provided for in this Decree, the matters necessary for establishment and operation of the Policy Commission shall be determined by the chairperson through resolution by the Policy Commission, and the matters necessary for establishment and operation of the Working Committee and working-level consultative bodies, shall be determined by the chairperson through resolution by the Working Committee.
| Article 10-2 (Training Related to Education on Understanding Multiculture) |
| (2) | Each superintendent of education of the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province shall, in regard to conducting training under Article 5 (6) of the Act, formulate and implement an annual plan to provide teachers with training related to education on understanding multiculture, and such plan shall include the following: |
| 1. | The objectives and details of training; |
| 2. | Institutions establishing and operating training programs; |
| 4. | Persons to be trained and the number of such persons by training course; |
| 5. | Standards for the completion of training; |
| 6. | Other matters necessary to operate training programs and to pay the expenses incurred in training. |
[This Article Added on Jun. 5, 2018]
| Article 11 (Provision of Everyday Life Information and Educational Support) |
| (1) | The State or a local government shall issue and distribute a living guide book and other information booklets which contain information on policies related to multicultural families support, successful settlement cases of immigrants, agencies such as child care centers, introduction to Korean culture, etc. pursuant to Article 6 (1) of the Act. <Amended on Dec. 8, 2011> |
| (2) | The State or a local government may provide systematic and phased education for immigrants for marriage, etc. taking into account their nationality, learning ability, and other educational conditions, pursuant to Article 6 (1) of the Act. |
| (3) | The State or a local government may provide vocational education and training for immigrants for marriage, etc. to promote their employment and business start-up, taking into account their ability and aptitudes, pursuant to Article 6 (1) of the Act. |
| (4) | The State and local governments shall publish and distribute copies of information including the following, audio-visual materials, educational materials, etc. pursuant to Article 6 (2) of the Act: <Added on Oct. 8, 2019> |
| 1. | Matters concerning the history, tradition, culture, language, etc. of the country of the immigrants by marriage, etc.; |
| 2. | Matters concerning experiences, residing cases, etc. of marriage-based immigrants, etc. in their home countries; |
| 3. | Matters concerning basic knowledge for respect and understanding of diverse cultures; |
| 4. | Matters deemed necessary by the Minister of Gender Equality and Family or the head of a local government as matters similar to those specified in subparagraphs 1 through 3. |
| Article 11-2 (Entrustment of Establishment and Operation of the Information Call Center for Multicultural Families) |
The “institution or organization prescribed by Presidential Decree” in Article 11-2 (2) of the Act means each of the following institutions or organizations: | 3. | Other corporations or organizations designated and publicly notified by the Minister of Gender Equality and Family, from among the non-profit corporations or organizations equipped with multi-language counseling and interpretation facilities and professional personnel for multicultural families support. |
[This Article Wholly Amended on Jun. 30, 2014]
| Article 12 (Standards for Establishment and Operation of Multicultural Families Support Center) |
| (1) | The standards for establishment and operation of the multicultural families support center pursuant to Article 12 (1) of the Act (hereinafter referred to as "Support Center") shall be as referred to in the Attached Table 1. <Amended on Dec. 30, 2013> |
| (2) | Other detailed matters for establishment and operation of the Support Center shall be determined by the Minister of Gender Equality and Family. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 12-2 (Entities and Procedure, etc. for Entrusting Support Center) |
| (1) | Pursuant to Article 12 (2) of the Act, the State or a local government may entrust establishment and operation of the Support Center to any of the following corporations or organizations: |
| 6. | Other corporations and organizations deemed by the Minister of Gender Equality and Family to be equipped with the facilities and professional personnel for multicultural families support. |
| (2) | Where the State or a local government intends to entrust establishment and operation of the Support Center pursuant to Article 12 (2) of the Act, it shall publicly notify details and procedures of the entrustment, and upon receipt of applications of persons who intend to be entrusted with the establishment and operation of the Support Center, shall select a trustee after comprehensively considering factors such as the applicant’s business performance and financial capability, records of its activities, credibility, etc. and shall conclude a consignment agreement which includes the matters prescribed by Ministerial Decree of Gender Equality and Family. |
| (3) | The period for entrustment of establishment and operation of the Support Center shall be up to five years. <Amended on Oct. 8, 2019> |
[This Article Added on Jul. 31, 2012]
| Article 12-3 (Applications, etc. for Designation of Support Center) |
| (1) | A person who seeks designation of the Support Center pursuant to Article 12 (3) of the Act shall meet the prerequisites in the standards for establishment and operation of the Support Center set forth in the Attached Table 1, and attach the documents under each of the following subparagraphs, to a written application for designation prescribed by Ministerial Decree of Gender Equality and Family, and submit it to the Mayors/Do Governors or the heads of Si/Gun/Gu (referring to the head of autonomous Gu; hereinafter the same shall apply): <Amended on Dec. 30, 2013> |
| 2. | A document proving the fulfillment of requirements according to the standards for establishment and operation set forth in the Attached Table 1. |
| (2) | The Mayors/Do Governors or the heads of Si/Gun/Gu in receipt of an application for designation pursuant to paragraph (1), they shall make decision on the designation, taking each of the following matters into account: |
| 1. | Experience in performing duties related to multicultural families support; |
| 2. | Accessibility, such as traffic conditions, geographical location; |
| 4. | Appropriateness of facilities; |
| 5. | Completeness and practicability of the business plan. |
| (3) | Where the Mayors/Do Governors or the heads of Si/Gun/Gu designate a Support Center pursuant to paragraph (2), they shall issue a letter of designation prescribed by Ministerial Decree of Gender Equality and Family. |
| (4) | The period of validity of designation of a support center shall be three years. |
[This Article Added on Jul. 31, 2012]
| Article 12-4 (Designation, etc. of Professional Personnel Training Agency) |
| (1) | Each person who seeks designation of the professional personnel training agency pursuant to Article 13-2 (2) of the Act shall attach each of the following documents to a written application for designation prescribed by Ministerial Decree of Gender Equality and Family, and then submit it to the Minister of Gender Equality and Family: |
| 2. | A document explaining the curriculum and content of the training; |
| 3. | Current status of training personnel; |
| 4. | Current status of educational environment such as training facilities and equipment. |
| (2) | Upon receipt of an application for designation under paragraph (1), the Minister of Gender Equality and Family shall make a determination on the designation, taking each of the following matters into account: |
| 1. | Organization of training curriculum and programs; |
| 2. | Expertise of training-related personnel and their capability to perform educational function; |
| 3. | Educational appropriateness of facilities and equipments, etc.; |
| 4. | Demand for education, such as the number of professionals, and geographical distribution of agencies training experts. |
| (3) | Where the Minister of Gender Equality and Family designates a professional personnel training agency pursuant to paragraph (2), he/she shall issue a letter of designation as prescribed by Ministerial Decree of Gender Equality and Family. |
[This Article Added on Jul. 31, 2012]
| Article 13 (Entrustment of Supplementary Education) |
| 2. | Non-profit corporations related to multi-cultural families support established pursuant to Article 32 of the Civil Act or special laws. |
[This Article Wholly Amended on Jul. 31, 2012]
| Article 14 (Scope of Provision of Information) |
| (1) | “Information prescribed by Presidential Decree” in the main sentence of Article 15-2 (1) of the Act refers to the following information: Provided, That the information in subparagraph 6 shall be limited to where the relevant person consents to provision of such information: <Amended on Jun. 30, 2014> |
| 5. | Domestic residence (limited to Si, Gun, or autonomous Gu); |
| 6. | Address and contact information (referring to telephone number, electronic mail address, etc.). |
| (2) | The Minister of Justice may request the Minister of Gender Equality and Family or the head of a local government in receipt of information pursuant to paragraph (1) (including a Support Center referred to in Article 12 (1) and (3) of the Act in receipt of the information from the said Minister or the head) to provide data necessary to manage such information, such as details of information use, provision and management status of the information, etc. |
[This Article Added on Jul. 31, 2012]
| Article 15 (Handling of Personally Identifiable Information) |
[This Article Added on Jan. 16, 2013]
| Article 15-2 (Re-Examination of Regulation) |
The Minister of Gender Equality and Family shall examine the appropriateness of standards for establishment and operation of the multicultural families support center specified in Article 12 and Appendix 1 every two years from the base date of January 1, 2017 (referring to the period that ends on the day before January 1 of every second year), and shall take measures such as improvement. [This Article Wholly Amended on Dec. 30, 2016]
| Article 16 (Standards for Imposition of Administrative Fines) |
[This Article Added on Dec. 30, 2013]
ADDENDA <Presidential Decree No. 23156, Sep. 22, 2011>
This Decree shall enter into force on October 5, 2011.
ADDENDUM <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24004, Jul. 31, 2012>
This Decree shall enter into force on August 2, 2012.
ADDENDUM <Presidential Decree No. 24317, Jan. 16, 2013>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24446, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25049, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014.
ADDENDUM <Presidential Decree No. 25431, Jun. 30, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the part that amends a Presidential Decree, which is promulgated before this Decree enters into force whose enforcement date has not yet arrived from among the Presidential Decrees amended pursuant to Article 5 of Addenda, shall enter into force on the enforcement date of the relevant Presidential Decree, respectively. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the part that amends a Presidential Decree, which is promulgated before this Decree enters into force whose enforcement date has not yet arrived from among the Presidential Decrees amended pursuant to Article 8 of Addenda, shall enter into force on the enforcement date of the relevant Presidential Decree, respectively. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28939, Jun. 5, 2018>
This Decree shall enter into force on June 13, 2018.
ADDENDUM <Presidential Decree No. 29426, Dec. 24, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30114, Oct. 8, 2019>
This Decree shall enter into force on the date of its promulgation.