ENFORCEMENT DECREE OF THE NATIONAL BASIC LIVING SECURITY ACT
Presidential Decree No. 16924, Jul. 27, 2000
Amended by Presidential Decree No. 17759, Oct. 14, 2002
Presidential Decree No. 17877, Jan. 2, 2003
Presidential Decree No. 19351, Feb. 22, 2006
Presidential Decree No. 19768, Dec. 21, 2006
Presidential Decree No. 20131, jun. 28, 2007
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 20870, jun. 25, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21573, jun. 26, 2009
Presidential Decree No. 21640, Jul. 24, 2009
Presidential Decree No. 21765, Oct. 1, 2009
Presidential Decree No. 21926, Dec. 30, 2009
Presidential Decree No. 21928, Dec. 30, 2009
Presidential Decree No. 21962, Dec. 31, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 23128, Sep. 8, 2011
Presidential Decree No. 23461, Dec. 30, 2011
Presidential Decree No. 23734, Apr. 17, 2012
Presidential Decree No. 23842, jun. 7, 2012
Presidential Decree No. 23850, jun. 12, 2012
Presidential Decree No. 24018, Aug. 3, 2012
Presidential Decree No. 24247, Dec. 21, 2012
Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 24638, jun. 28, 2013
Presidential Decree No. 24890, Dec. 4, 2013
Presidential Decree No. 25427, jun. 30, 2014
Presidential Decree No. 25659, Oct. 15, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 26206, Apr. 20, 2015
Presidential Decree No. 26843, Dec. 31, 2015
Presidential Decree No. 27240, jun. 21, 2016
Presidential Decree No. 27252, jun. 21, 2016
Presidential Decree No. 27616, Nov. 29, 2016
Presidential Decree No. 28074, May 29, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28497, Dec. 26, 2017
Presidential Decree No. 28627, Feb. 9, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29986, Jul. 16, 2019
Presidential Decree No. 30124, Oct. 15, 2019
Presidential Decree No. 30258, Dec. 24, 2019
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 2 (Individual Household) |
| (1) | An individual household defined in subparagraph 8 of Article 2 of the National Basic Living Security Act (hereinafter referred to as the "Act"), shall be comprised of any of the following persons: <Amended by Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 26843, Dec. 31, 2015> |
| 2. | Any of the following persons not specified in subparagraph 1: |
| (a) | The spouse of a person falling under subparagraph 1 (including a person in a de facto marital relationship therewith; hereinafter the same shall apply); |
| (b) | A person under 30 years of age, among unmarried children of a person falling under subparagraph 1; |
| (c) | A person who shares livelihood or dwells with a person falling under subparagraph 1 (limited to where a person responsible for livelihood, among persons falling under subparagraph 1, is his or her obligatory provider). |
| (2) | Notwithstanding paragraph (1), any of the following persons shall be excluded from an individual household: <Amended by Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 27616, Nov. 29, 2016> |
| 1. | A person whose livelihood is guaranteed in connection with performing duties, while living in other place to perform his or her legal duties, such as a soldier in active duty; |
| 2. | A person who resides abroad for more than 90 days in total, during the last six months; |
| 4. | A person who is paid benefits by any livelihood security facility referred to in Article 32 of the Act; |
| 5. | A person for whom the procedures for declaring disappearance are pending; |
| 6. | A person for whom one month has elapsed since he or she was reported to a police station or any other administrative agency as absconding or missing; or who has been confirmed as absconding or missing by a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu); |
| 7. | Any other person confirmed by the head of a Si/Gun/Gu to earn livelihood or dwell separately from a person falling under paragraph (1) 1. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 3 (Second-Lowest Income Bracket) |
"Class ... whose recognized income is below the criteria prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Act means persons whose recognized income is below 50/100 of the standard median income. [This Article Wholly Amended by Presidential Decree No. 26206, Apr. 20, 2015]
| Article 3-2 Moved to Article 3 |
| Article 4 (Scope of Foreigners who Qualify as Eligible Recipients) |
| 1. | A person married to a national of the Republic of Korea, who falls under any of the following: |
| (a) | Where the person in question or the person's spouse who is a national of the Republic of Korea, is pregnant; |
| (b) | Where the person rears any minor child who is a national of the Republic of Korea (including a person in a stepfather-stepchild relationship; stepmother-stepchild relationship; or adoptive relationship; hereafter in this Article, the same shall apply); |
| (c) | Where the person shares livelihood or dwells with his or her spouse's lineal ascendant who is a national of the Republic of Korea; |
| 2. | A person who has been divorced from or bereaved of his or her spouse, who is a national of the Republic of Korea; and either rears any minor child who is a national of the Republic of Korea, or is pregnant with a child of the deceased spouse. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 5 (Scope of Income) |
| (1) | "Actual income" in Article 6-3 (1) of the Act, with the exception of its subparagraphs, means the aggregate of the following income: <Amended by Presidential Decree No. 23734, Apr. 17, 2012; Presidential Decree No. 24247, Dec. 21, 2012; Presidential Decree No. 25427, Jun. 30, 2014; Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 26843, Dec. 31, 2015; Presidential Decree No. 27252, Jun. 21, 2016; Presidential Decree No. 29180, Sep. 18, 2018; Presidential Decree No. 30124, Oct. 15, 2019> |
| 1. | Earned income: Income earned in exchange for labor: Provided, That earned income not taxable under the Income Tax Act shall be excluded herefrom, and any of the following salaries shall be included herein: |
| (a) | Agricultural income: Income earned from seed cultivation business; fruit growing or horticulture business; sericulture business; seed and seedling growing business; special crop-producing business; livestock farming business; breeding stock business; or incubation business; as well as from business incidental thereto; |
| (b) | Forestry income: Income earned from forest management business; forestry product-producing business; or wild bird and animal breeding business; as well as from business incidental thereto; |
| (c) | Fishery income: Income earned from fishery as well as from business incidental thereto; |
| (d) | Other business income: Income earned from wholesale business; retail business; manufacturing business; or any other business; |
| (a) | Rental income: Income generated from renting any real estate, movable property, right, or any other property; |
| (b) | Interest income: Income at least equal to the amount prescribed by the Minister of Health and Welfare, among income generated from interest, dividends or discounts derived from deposits, stocks or bonds; |
| 4. | Transfer income (The scope of any of the following transfer income may be determined otherwise, for persons in the second-lowest income bracket (hereinafter referred to as "persons in the second-lowest income bracket") based upon their living conditions, etc., as prescribed and publicly notified by the Minister of Health and Welfare): |
| (a) | Money and goods received regularly from relatives, supporters, etc., with the value at least equal to the amount prescribed by the Minister of Health and Welfare; |
| (b) | The amount prescribed by the Minister of Health and Welfare pursuant to Article 5-6 (1) 4 (c); |
| (2) | Notwithstanding paragraph (1), none of the following money and goods shall be deemed income: <Amended by Presidential Decree No. 26843, Dec. 31, 2015> |
| 2. | Money for nursery expenses; money for school expenses; or similar money and goods which the relevant person receives for using nursing or educational services or similar services; |
| 3. | Money and goods prescribed by the Minister of Health and Welfare, paid or provided by a local government pursuant to Article 43 (5) of the Act. |
| (3) | A livelihood security agency may add the income verified by examining the living conditions, etc. of each individual household, to the actual income calculated pursuant to paragraph (1) or (2), in any of the following circumstances; and in such cases, the detailed standards for verifying and calculating such actual income shall be prescribed by the Minister of Health and Welfare: <Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Where income-related data of a recipient or eligible recipient are nonexistent or unclear; |
| 2. | Where income-related data are deemed unreliable by a livelihood security agency, considering the minimum wage, etc. referred to in Article 5 of the Minimum Wage Act. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 5-2 (Scope of Assessed Amount of Income, and Criteria for Assessing Said Amount) |
The assessed amount of income referred to in Article 6-3 (1) of the Act, shall be the remainder after deducting an amount specified in subparagraphs 1 through 12, from the actual income referred to in Article 5: <Amended by Presidential Decree No. 27252, Jun. 21, 2016; Presidential Decree No. 28074, May 29, 2017; Presidential Decree No. 28497, Dec. 26, 2017; Presidential Decree No. 29986, Jul. 16, 2019; Presidential Decree No. 30124, Oct. 15, 2019; Presidential Decree No. 30258, Dec. 24, 2019> | 7. | Medical expenses incurred continuously due to treatment of chronic diseases, etc., medical care, or rehabilitation; |
| 8. | An amount equivalent to 50/100 of the income earned by a person with a disability, by participating in any vocational rehabilitation activity performed by any of the following facilities: |
| (a) | Community rehabilitation facilities for persons with disabilities (limited to welfare centers for persons with disabilities) and vocational rehabilitation facilities for persons with disabilities, among the welfare facilities for persons with disabilities referred to in Article 58 of the Act on Welfare of Persons with Disabilities; |
| 9. | An amount equivalent to 30/100 of the income that a recipient earns as he or she participates in any of the following projects: |
| (b) | A project determined by the Minister of Health and Welfare from among the projects qualified to provide self-support labor under Article 20 (1); |
| 10. | An amount equivalent to 30/100 of the income referred to in Article 5 (1) 1 or 2 earned by students, persons with disabilities, the aged, and persons between the ages of 18 and 24 years; |
| 11. | An amount obtained by multiplying the income under Article 5 (1) 1 or 2, which does not fall under subparagraphs 8 through 10, by a rate determined by the Minister of Health and Welfare within the range of 30/100; |
| 12. | An amount of other money and goods prescribed by the Minister of Health and Welfare, as he or she deems that additional expenditure is necessary given the nature of individual households. |
[This Article Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015]
| Article 5-3 (Scope of Property and Criteria for Property Valuation) |
| (1) | The scope of property subject to conversion into income in the latter part of Article 6-3 (2) of the Act, shall include the following property: <Amended by Presidential Decree No. 26843, Dec. 31, 2015> |
| (a) | Land, buildings, and housing defined in subparagraphs 1 through 3 of Article 104 of the Local Tax Act: Provided, That property owned by a clan; communal property of a village; or similar property used for common purposes, shall be excluded herefrom; |
| (c) | A deposit for lease of housing, a commercial building, etc. (including a security deposit for lease on a deposit basis); |
| (d) | Movables worth at least one million won, such as livestock, seeds, and seedlings (excluding movable property prescribed by the Minister of Health and Welfare, such as assistive rehabilitation devices for persons with disabilities), and standing timber referred to in subparagraph 11 of Article 6 of the Local Tax Act; |
| (h) | Right to acquire a building and appertinent land upon completion of construction of such building (excluding the right to acquire a house as a housing association member referred to in item (g)); |
| 3. | Automobiles referred to in Article 124 of the Local Tax Act: Provided, That automobiles prescribed and publicly notified by the Minister of Health and Welfare, such as an automobile used by a person with a disability, shall be excluded herefrom; |
| 4. | Property sold to other persons, within the past five years from the date an investigation is conducted pursuant to Article 22, 23, or 24 of the Act (hereinafter referred to as "date of investigation"), among property referred to in subparagraphs 1 through 3: Provided, That where the amount of property sold has already been calculated; or where it has been verified that such amount was spent for any household member, such as purchasing other property, repaying debts, or paying medical expenses, the relevant property shall be excluded herefrom. |
| (2) | Where any member of an individual household uses, or profits from, any property specified in the subparagraphs of paragraph (1) of a person falling under Article 2 (2) 1 through 6, the relevant property shall be included in property of such individual household. |
| (3) | The value of property referred to in paragraph (1) or (2), shall be calculated as of the date of investigation according to the following classifications: Provided, That where it is impracticable to calculate the value of property, the value thereof shall be calculated as prescribed by the Minister of Health and Welfare based upon the type, transaction situation, etc. of such property. <Amended by Presidential Decree No. 26843, Dec. 31, 2015; Presidential Decree No. 28627, Feb. 9, 2018> |
| 1. | Land, buildings, and housing referred to in paragraph (1) 1 (a): The value determined by the Minister of Health and Welfare, based upon the standard market prices, etc. referred to in Article 4 (1) and (2) of the Local Tax Act; |
| 2. | Aircraft and ships referred to in paragraph (1) 1 (b): The value determined by the Minister of Health and Welfare, based upon the standard market prices, etc. referred to in Article 4 (2) of the Local Tax Act; |
| 3. | A deposit for lease referred to in paragraph (1) 1 (c): The deposit or security deposit for lease on a deposit basis, specified in the relevant lease contract; |
| 4. | Movable property and standing timber referred to in paragraph (1) 1 (d): The value classified as follows: |
| (a) | Movables: The relevant market price as of the date of investigation; |
| 7. | Right to acquire a house as a housing association member referred to in paragraph (1) 1 (g): An amount classified as follows: |
| (b) | Where the relevant person has received liquidation money: The remainder after deducting the liquidation money received, from the assessed value of the previous building; |
| 8. | The right referred to in paragraph (1) 1 (h): The amount paid as of the date of investigation; |
| 9. | Monetary assets referred to in paragraph (1) 2: The value for each monetary asset referred to in subparagraphs 1 and 3 of Article 36; |
| 10. | An automobile referred to in paragraph (1) 3: The value determined by the Minister of Health and Welfare, based upon the vehicle type, its capacity, loading quantity, wholesale price (the import price if the automobile is imported), market price, etc.; |
| 11. | Property referred to in paragraph (1) 4: The remainder after deducting an amount equivalent to the standard prescribed and publicly notified by the Minister of Health and Welfare, such as an amount equivalent to living expenses and an amount incurred for special purposes, from the value calculated as at the disposal date of such property pursuant to subparagraphs 1 through 10 of this paragraph. |
[This Article Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015]
| Article 5-4 (Amount of Income Converted from Property) |
| (1) | The amount of income converted from property referred to in Article 6-3 (2) of the Act, shall be the aggregate of the following amounts: |
| 1. | An amount calculated by multiplying the remainder after deducting the following amounts (hereafter in this paragraph, referred to as "amount of fundamental property, etc.") from the property value referred to in Article 5-3 (1) 1 and the value of automobiles prescribed and publicly notified by the Minister of Health and Welfare, such as trucks, among automobiles referred to in Article 5-3 (1) 3 (hereinafter in this paragraph, referred to as "general property equivalent"), by the income conversion rate referred to in paragraph (2) (hereafter in this paragraph, referred to as "income conversion rate"); and in such cases, the general property equivalent shall be 0, if the remainder after deducting the amount of fundamental property, etc. from the general property equivalent is less than 0; and a difference of less than 0 shall be deducted from the property value referred to in Article 5-3 (1) 2: |
| (a) | The amount of fundamental property prescribed and publicly notified by the Minister of Health and Welfare, as deemed necessary for guaranteeing a basic livelihood; |
| 2. | An amount calculated by multiplying the remainder after deducting the amount saved for any purpose specified in Article 21-2 (3) and deposited into an account opened to use only for such purpose pursuant to a contract with a financial company, etc. (excluding where the relevant savings are terminated before the expiration of the contract) from the property value referred to in Article 5-3 (1) 2, by the income conversion rate: Provided, That where the amount deducted under the latter part of subparagraph 1, with the exception of its items, is less than 0, the value of monetary assets shall be 0; |
| 3. | An amount calculated by multiplying the property value referred to in Article 5-3 (1) 3 (excluding the value of automobiles prescribed and publicly notified by the Minister of Health and Welfare, such as trucks, among automobiles referred to in Article 5-3 (1) 3), by the income conversion rate. |
| (2) | The income conversion rate referred to in Article 6-3 (2) of the Act, shall be prescribed and publicly notified by the Minister of Health and Welfare based upon the interest rate, inflation rate, and rate of increase of real property and security deposit for lease on a deposit basis. |
| (3) | Where the Minister of Health and Welfare publicly notifies the amount of fundamental property and the income conversion rate pursuant to item (a) of paragraph (1) and paragraph (2), he or she may differentiate such amount and rate for persons in the second-lowest income bracket from those for recipients, based upon the living conditions, etc. of the persons in the second-lowest income bracket. <Newly Inserted by Presidential Decree No. 26843, Dec. 31, 2015> |
[This Article Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015]
| Article 5-5 (Standards for Benefits Paid to Persons in Second-Lowest Income Bracket) |
| (1) | Benefits paid to persons in the second-lowest income bracket pursuant to Article 7 (3) of the Act, shall be self-support benefits. <Amended by Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 26843, Dec. 31, 2015> |
| (2) | Self-support benefits referred to in paragraph (1) shall be paid pursuant to Articles 17 through 21 and 21-2 in consideration of the ability to work, employment status, household conditions, etc., of persons in the second-lowest income bracket. |
| (3) | Procedures for applying for, and paying, self-support benefits under paragraph (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 5-6 (Persons Incapable of Providing Support) |
| (1) | "Where an obligatory provider fails to meet the income and property criteria prescribed by Presidential Decree" in Article 8-2 (1) 1 of the Act means any of the following obligatory providers: <Amended by Presidential Decree No. 23461, Dec. 30, 2011; Presidential Decree No. 26206, Apr. 20, 2015> |
| 2. | Deleted; <by Presidential Decree No. 26206, Apr. 20, 2015> |
| 3. | Any of the following persons for whom the amount of income converted from property is less than the amount prescribed and publicly notified by the Minister of Health and Welfare: |
| (a) | A person for whom the remainder after deducting, from the actual income referred to in Article 5, the amount prescribed and publicly notified by the Minister of Health and Welfare based upon diseases, education, and household characteristics (hereinafter referred to as "income remaining after deduction") is less than the standard median income; |
| (b) | A person engaged in daily work, etc.; and in such cases, daily work means work the remuneration for which is paid on a daily or hourly basis during which labor is provided, and the employment contract term for which is less than one month; |
| 4. | A person satisfying all of the following requirements, who is not specified in subparagraphs 1 through 3: |
| (a) | The income remaining after deduction shall be less than the amount calculated by aggregating 40/100 of the standard median income of eligible recipients and the standard median income of the relevant obligatory provider; |
| (b) | The amount of income converted from property must be less than the amount prescribed and publicly notified by the Minister of Health and Welfare; |
| (c) | The relevant person must regularly pay the relevant eligible recipient an amount determined by the Minister of Health and Welfare within the amount equivalent to the standard median income of obligatory providers of the relevant household deducted from the relevant provider’s income remaining after deduction; |
| 5. | Deleted. <by Presidential Decree No. 26206, Apr. 20, 2015> |
| (2) | Notwithstanding paragraph (1), the Minister of Health and Welfare may relax the criteria for recognizing the ability to provide support, in any of the following cases: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Where an obligatory provider is a married daughter, or a lineal ascendant of a married daughter; |
| 3. | Cases prescribed by the Minister of Health and Welfare, where the relevant household lacks means to make a living due to the nature of the relevant eligible recipient's household, such as the aged, a person with a disability, and a single parent. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 6 (Methods of Paying Livelihood Benefits) |
| (1) | Where an amount of money is prepaid monthly as livelihood benefits under the main sentence of Article 9 (2) of the Act and Article 27-2 of the Act, such amount shall be deposited into a designated account of a financial company, etc. in the relevant recipient's name, on the 20th day of each month (the preceding day, if it falls on Saturday or public holiday). <Amended by Presidential Decree No. 25659, Oct. 15, 2014; Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 30124, Oct. 15, 2019> |
| 1. | through 3 Deleted. <by Presidential Decree No. 30124, Oct. 15, 2019> |
| (2) | and (3) Deleted. <by Presidential Decree No. 30124, Oct. 15, 2019> |
| (4) | Where a recipient lives in an area where no financial company, etc. are found, or there are unavoidable circumstances, such as computer network disruptions, etc., the amount may be paid directly to such recipient, notwithstanding paragraph (1). <Amended by Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 30124, Oct. 15, 2019> |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 7 (Recipients Able to Work) |
| (1) | A recipient who has ability to work as prescribed in the former part of Article 9 (5) of the Act, shall be a recipient between the ages of 18 and 64 years: Provided, That any of the following persons shall be excluded herefrom: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 2. | A person determined by the head of a Si/Gun/Gu as being unable to work based on a work ability assessment, among persons in need of medical treatment or care due to diseases, injuries, or aftereffects thereof; |
3 and 4 Deleted; <by Presidential Decree No. 23461, Dec. 30, 2011>
| 5. | Any other person prescribed by the Minister of Health and Welfare as being unable to work. |
| (2) | The head of a Si/Gun/Gu may request the National Pension Service established under Article 24 of the National Pension Act to assess ability to work referred to in paragraph (1) 2. <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015> |
| (3) | Any person dissatisfied with the determination referred to in paragraph (1) 2, may file an application for appeal with the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015> |
| (4) | The standards, methods and procedures for assessing ability to work under paragraph (1) 2, and other necessary matters, shall be prescribed and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 23850, Jun. 12, 2012> |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 8 (Conditional Recipients) |
| (1) | A person who receives livelihood benefits on condition that he or she participate in a project required for self-support (hereinafter referred to as "self-support project") pursuant to Article 9 (5) of the Act (hereinafter referred to as "conditional recipient"), shall be deemed a recipient able to work referred to in Article 7. |
| (2) | Notwithstanding paragraph (1), the head of a Si/Gun/Gu may defer imposing the condition referred to in paragraph (1), for any of the following persons among recipients able to work referred to in Article 7: Provided, That the period of deferment shall not exceed three months for persons specified in subparagraph 3: <Amended by Presidential Decree No. 27616, Nov. 29, 2016> |
| 1. | Any of the following persons who have difficulty participating in a self-support project due to individual household conditions, personal circumstances, etc.: |
| (a) | A recipient who raises, nurses, or protects any preschool child, a household member unable to move due to a disease, injury, disability, etc., or a household member in need of special protection due to dementia, etc. (limited to one person per household; and excluding where another household member can raise, nurse, or protect such child or household member or where such child or household member receives child care, nursing, or protection services at social welfare facilities, etc.); |
| (d) | A woman who is pregnant or for whom less than six months have passed since child delivery; |
| (e) | A person who performs legal duties, such as military alternative service workers; |
| 2. | Any of the following persons, who earns income exceeding the standard prescribed and publicly notified by the Minister of Health and Welfare in return for engaging in any work or business: |
| (a) | A person who works for an average of at least three days a week (limited to where the relevant person works for at least six hours a day), or for at least 22 hours during an average of at least four days a week; |
| 3. | Any of the following persons deemed to require an adaptation period due to a change of circumstance: |
| (a) | A person to be enlisted for military service, or a person discharged from military service pursuant to the Military Service Act; |
| (e) | A person who is recovering from a disease, injury, etc. after medical treatment of at least two months; |
| 4. | Any other person prescribed by the Minister of Health and Welfare, for whom it is deemed impracticable to pay livelihood benefits on condition that he or she participate in a self-support project. |
| (3) | No person for whom the imposition of the relevant condition has been deferred pursuant to paragraph (2), shall be deemed a conditional recipient during the period of deferment. |
[This Article Wholly Amended by Presidential Decree No. 27240, Jun. 21, 2016]
| Article 9 (Preferential Use of Social Welfare Facilities) |
In order for recipients specified in Article 8 (2) 1 (a) to participate in work or self-support projects, a livelihood security agency shall take measures necessary to enable them to preferentially use child care, nursing, or protection services provided by social welfare facilities, etc. <Amended by Presidential Decree No. 27240, Jun. 21, 2016> [This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 10 (Self-Support Projects) |
| (1) | A self-support project means any of the following projects: <Amended by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015> |
| 2. | Job placement services, etc. referred to in Article 19; |
| 4. | Employment by a place of business offered by the head of an employment security office defined in subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as "employment security office"); |
| 6. | Projects implemented by regional self-sufficiency centers referred to in Article 16 of the Act (hereinafter referred to as "regional self-sufficiency centers"); |
| 7. | Projects implemented by self-support companies referred to in Article 18 of the Act (hereinafter referred to as "self-support companies"); |
| 8. | Business start-ups by individuals, or joint business start-ups; |
| 9. | Volunteer services to increase the relevant recipient's motivation to work and maintain his or her ability to work; |
| 10. | Other projects prescribed and publicly notified by the Minister of Health and Welfare, as deemed necessary for self-sufficiency of recipients. |
| (2) | Where a conditional recipient who receives livelihood benefits on condition that he or she participate in volunteer services pursuant to paragraph (1) 9 intends to engage in any other volunteer service, the head of the competent Si/Gun/Gu may recognize such volunteer service as meeting a condition for livelihood benefits, based upon the details and period of the volunteer service, verifier of the provision of the volunteer service, etc.; and may recognize the volunteer service by changing the details, etc. thereof, if necessary. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 11 (Method of Offering Conditions for Livelihood Benefits and Notification of Results) |
| (1) | The head of a Si/Gun/Gu shall offer the relevant conditional recipient the opportunity to participate in a self-support project according to a self-sufficiency benefits plan formulated pursuant to Article 28 of the Act (hereinafter referred to as "self-sufficiency benefits plan for each household"), as a condition for livelihood benefits, within one month from the date he or she has been determined as a conditional recipient, pursuant to Article 9 (5) of the Act. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (2) | Notwithstanding paragraph (1), where a conditional recipient's ability to work, desire for self-sufficiency, household conditions, etc. are appropriate for employment, the head of a Si/Gun/Gu shall offer such conditional recipient (hereinafter referred to as "person eligible for employment") the opportunity to participate in a self-support project designated by the head of an employment security office having jurisdiction over the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply) as a condition for livelihood benefits, in order to facilitate his or her employment. In such cases, the head of a Si/Gun/Gu shall notify, without delay, the head of an employment security office of such person's participation in a self-support project in writing (including by electronic documents). <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (3) | Upon receipt of notification under the latter part of paragraph (2), the head of an employment security office shall designate a self-support project to be participated in by the relevant person eligible for employment according to an employment support plan for each individual referred to in Article 13 (1); and shall notify, without delay, the person eligible for employment and the head of the competent Si/Gun/Gu thereof in writing (including by electronic documents). <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (4) | The head of an employment security office shall notify the head of the competent Si/Gun/Gu of the results of participation in a self-support project, including his or her opinions, etc. on the relevant person eligible for employment referred to in paragraph (3) fulfilling the condition, in writing (including by electronic documents) every three months: Provided, That where a person eligible for employment withdraws from fulfilling, or refuses to fulfill, the condition midway, or any other ground arises, the head of an employment security office shall notify, without delay, the head of the competent Si/Gun/Gu of the results of the incident in writing (including by electronic documents). <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (5) | The criteria for classifying conditional recipients under paragraph (2); the types and details of a self-support project to be offered to each conditional recipient; the method of offering conditions for livelihood benefits; and other necessary matters, shall be prescribed by the Minister of Health and Welfare by consulting with the heads of relevant central administrative agencies. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 12 (Entrustment of Self-Support Projects) |
| (1) | The head of a Si/Gun/Gu and the head of an employment security office may entrust the implementation of self-support projects for conditional recipients to a public institution, private institution, public organization, or private organization that implements self-support projects specified in the subparagraphs of Article 10 (1) (hereinafter referred to as "self-support project implementing agency"). In such cases, the head of a Si/Gun/Gu and the head of an employment security office shall first consult with the head of a self-support project implementing agency in relation to conditional recipients' capabilities, etc. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (2) | The head of a self-support project implementing agency shall notify the head of the competent Si/Gun/Gu or the head of the relevant employment security office of the results of conditional recipients’ participation in self-support projects, including his or her opinions, etc. on the relevant conditional recipients fulfilling the condition, to whom the implementation of self-support projects has been entrusted pursuant to paragraph (1), in writing (including by electronic documents) every three months: Provided, That where any conditional recipient withdraws from fulfilling, or refuses to fulfill, the condition midway, or any other ground arises, the head of a self-support project implementing agency shall notify, without delay, the head of the competent Si/Gun/Gu or the head of the relevant employment security office of the results of the incident in writing (including by electronic documents). <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 13 (Employment Support Plans) |
| (1) | The head of an employment security office shall formulate an employment support plan for each person eligible for employment who has received notification under the latter part of Article 11 (2); and shall notify the head of the competent Si/Gun/Gu of such plan. In such cases, the head of the competent Si/Gun/Gu so notified shall record details thereof in a self-sufficiency benefits plan for each household of persons eligible for employment manage it. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (2) | In order to seamlessly conduct employment support business for persons eligible for employment, the Minister of Employment and Labor shall formulate a comprehensive employment support plan by December 31 each year. |
| (3) | Where the head of an employment security office or the Minister of Employment and Labor formulates an employment support plan for each individual under paragraph (1) or a comprehensive employment support plan under paragraph (2), he or she may request the head of a Si/Gun/Gu to provide necessary data. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 14 Deleted. <by Presidential Decree No. 20131, Jun. 28, 2007> |
| Article 15 (Determination as to Whether Livelihood Benefits are paid to Conditional Recipients) |
| (1) | The head of a Si/Gun/Gu shall determine whether livelihood benefits are to be paid and the amount of the benefits, every three months from the month following the month during which the relevant conditional recipient has participated in a project, pursuant to Article 9 (5) of the Act, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That the head of a Si/Gun/Gu shall determine whether livelihood benefits are to be paid to the relevant conditional recipient and the amount of the benefits without delay, in any of the following cases: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Where the relevant conditional recipient clearly fails to fulfill the condition; |
| 2. | Where it is notified by the head of an employment security office or the head of a self-support project implementing agency that the relevant conditional recipient fails to fulfill the condition, under the proviso of Article 11 (4) or the proviso of Article 12 (2). |
| (2) | Where the head of a Si/Gun/Gu has determined suspension of payment of livelihood benefits or the amount of benefits to be suspended, pursuant to paragraph (1), he or she shall notify the relevant conditional recipient of suspension of the payment and the amount of benefits to be suspended in writing (including by electronic documents), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (3) | The period for suspending livelihood benefits; the amount of benefits to be suspended; resumption of the benefits; and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 16 (Education Benefits) |
| (1) | Education benefits referred to in Article 12 of the Act, which are paid to persons entering or attending any of the following schools or establishments, shall consist of school admission fees, school tuition fees (referring to learning expenses, in cases of subparagraph 6), stationery expenses, and other receivable cash and goods (hereinafter referred to as "school expenses"): <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (2) | Where a recipient referred to in paragraph (1) receives compulsory education or is granted reduction of, or exemption from, school expenses or subsidies therefor under the Enforcement Decree of the Elementary and Secondary Education Act or other statutes or regulations, no school expenses corresponding thereto shall be subsidized for such recipient: Provided, That school expenses may be fully subsidized for a person who needs the expenses for encouraging learning prescribed by the Minister of Education, even when such person is granted reduction of, or exemption from, school expenses or subsidies therefor under other statutes. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (3) | Deleted. <by Presidential Decree No. 26206, Apr. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 17 (Lending of Funds) |
| (1) | A livelihood security agency may lend recipients any of the following funds required for their self-sufficiency, pursuant to Article 15 (1) 1 of the Act: |
| 1. | Funds to start or operate a business; |
| 2. | Vocational skill training expenses; |
| 3. | Any other expenses the Minister of Health and Welfare deems necessary for self-sufficiency of recipients. |
| (2) | Funds referred to in paragraph (1) shall be lent from the Public Capital Management Fund prescribed in the Public Capital Management Fund Act or from a general account. |
| (3) | Where the amount of funds to be borrowed by a person pursuant to paragraph (1), a plan for using the same, or other matters, meet the criteria prescribed by the Minister of Health and Welfare, a livelihood security agency may lend him or her the funds as microcredit (referring to lending funds without guarantee, while providing education, training, management support, etc. required for self-sufficiency). |
| (4) | Where a recipient who has borrowed funds does not use the funds for the original purpose stated in the application for lending, the relevant livelihood security agency may require rectification, and may recover the funds from the recipient if he or she fails to comply with the request for rectification without just cause. |
| (5) | Application for lending funds, selection of persons eligible for lending, repayment of the funds lent, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 18 (Vocational Training) |
| (1) | Support for acquiring skills referred to in Article 15 (1) 2 of the Act means entrusting a vocational training institution with vocational training for persons capable of undergoing vocational training among recipients; and subsidizing preparatory expenses, allowances, food expenses, etc. incurred in such training. |
| (2) | Each year, the Minister of Health and Welfare shall formulate a plan to support vocational training, which includes the number of persons eligible for vocational training referred to in paragraph (1); types of occupation subject to training; criteria for selecting persons eligible for vocational training, etc. In such cases, the Minister of Health and Welfare shall consult with the heads of relevant central administrative agencies in relation to selection, etc. of types of occupation subject to training in order to enhance the effectiveness of employment. |
| (3) | Matters necessary for vocational training institutions, for paying vocational training expenses, for managing trainers, and others shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 19 (Provision of Job Placement Services) |
A livelihood security agency may provide recipients with appropriate vocational guidance, such as vocational counseling and vocational aptitude tests, as well as job placement services, etc., directly or by outsourcing such services to an employment security office, so that they can find jobs matching their capabilities and aptitudes, pursuant to Article 15 (1) 3 of the Act. [This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 20 (Self-Support Labor) |
| (1) | In order to provide support for acquiring and improving vocational skills necessary for self-support under Article 15 (1) 2 of the Act; and to provide employment opportunities under Article 15 (1) 4 of the Act, a livelihood security agency may give recipients opportunities to engage in paid labor (hereinafter referred to as "self-support labor"), for a project highly beneficial to public interests or a project necessary to improve the welfare of local residents. |
| (2) | Matters necessary for the projects for self-support labor referred to in paragraph (1), the methods of selecting persons eligible for self-support labor, etc., shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 21 (Support for Business Start-Ups) |
In order to assist recipients in starting a business pursuant to Article 15 (1) 6 of the Act, a livelihood security agency may provide support for the following: <Amended by Presidential Decree No. 23850, Jun. 12, 2012> | 1. | Selecting types of business start-ups, and guiding the formulation of business plans; |
| 2. | Providing guidance, such as training on skills and development of products; |
| 3. | Providing education related to management, such as tax affairs, accounting, and legislation; |
| 4. | Connecting and arranging public and private business start-up support services; |
| 5. | Any other matters prescribed by the Minister of Health and Welfare, which relate to support for business start-ups and management improvement. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 21-2 (Persons Eligible for Subsidization for Accumulation of Assets) |
| (1) | Persons eligible for subsidization for accumulation of assets referred to in Articles 15 (1) 7 and 18-4 of the Act, shall be selected from among persons whose household business income or earned income at least equals to a certain percentage of the standard median income, based upon the household conditions and employment status of recipients and persons in the second-lowest income bracket. In such cases, the criteria for the percentage of the standard median income shall be prescribed and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015> |
| (2) | An amount subsidized (hereafter in this Article, referred to as "subsidy") to recipients and persons in the second-lowest income bracket, selected as eligible for subsidization for accumulation of assets pursuant to paragraph (1) (hereafter in this Article, referred to as "subsidy recipient"), shall be prescribed and publicly notified by the Minister of Health and Welfare, differentiating subsidies according to earned income, etc. of subsidy recipients. <Amended by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015> |
| (3) | Subsidy recipients shall deposit money in an institution engaging in financial business referred to in subparagraph 1 of Article 21-3, for any of the following purposes: <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012> |
| 1. | Cost of purchasing housing or rent; |
| 2. | Expenses for higher education or technical training for the relevant person or his or her children; |
| 3. | Funds for starting or operating a business; |
| 4. | Any other purposes prescribed and publicly notified by the Minister of Health and Welfare. |
| (4) | To subsidize accumulation of assets for subsidy recipients who deposit money pursuant to paragraph (3), a livelihood security agency shall set aside subsidies, as prescribed and publicly notified by the Minister of Health and Welfare. <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012> |
| (5) | Where a subsidy recipient falls under any of the following cases, a livelihood security agency may pay him or her subsidies set aside pursuant to paragraph (4); and in such cases, the relevant subsidy recipient shall use the subsidies received, for the purposes specified in the subparagraphs of paragraph (3): <Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Where the relevant person's recognized income exceeds a specified percentage of the standard median income prescribed and publicly notified by the Minister of Health and Welfare, due to an increase, etc. in business income or earned income; |
| 2. | Where the relevant person is employed by an enterprise, etc. or starts a business solely or jointly, thereby generating income exceeding the amount prescribed and publicly notified by the Minister of Health and Welfare; |
| 3. | Any other cases satisfying the requirements prescribed and publicly notified by the Minister of Health and Welfare. |
| (6) | A livelihood security agency may conduct education on debt management, asset management, credit management, financial planning, etc. for subsidy recipients. <Amended by Presidential Decree No. 23850, Jun. 12, 2012> |
| (7) | Where a subsidy recipient uses subsidies received pursuant to paragraph (5) for other than the purposes specified in paragraph (3), or fails to undergo education under paragraph (6), the relevant livelihood security agency may recover the subsidies. <Amended by Presidential Decree No. 23850, Jun. 12, 2012> |
| (8) | Pursuant to Article 18-4 (4) of the Act, a livelihood security agency shall entrust the Korea Development Institute for Self-Sufficiency and Welfare under Article 15-2 (1) of the Act (hereinafter referred to as “Development Institute for Self-Sufficiency and Welfare”) with duties concerning support for accumulating assets and education thereon under Article 18-4 (1) and (2) of the Act. <Newly Inserted by Presidential Decree No. 29986, Jul. 16, 2019> |
| (9) | In addition to the matters prescribed in paragraphs (1) through (8), matters necessary for application for subsidization, selection of subsidy recipients, the payment and recovery of subsidies, etc., shall be prescribed and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 29986, Jul. 16, 2019> |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 21-3 (Entrustment of Self-Sufficiency Benefits) |
"Institutions prescribed by Presidential Decree" in the former part of Article 15 (2) of the Act means the following institutions: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> | 1. | A financial company, etc. prescribed by the Minister of Health and Welfare; |
| 2. | A business entity that employs, as interns, recipients or persons in the second-lowest income bracket pursuant to Article 15 (1) 4 of the Act; |
| 3. | An institution recognized by the Minister of Health and Welfare as capable of providing self-sufficiency benefits, in consideration of the past performance of self-support projects, etc. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 21-4 (Articles of Incorporation of Development Institute for Self-Sufficiency and Welfare) |
The articles of incorporation of the Development Institute for Self-Sufficiency and Welfare shall contain the following matters:
| 3. | Place of domicile of main office; |
| 4. | Appointment and dismissal of executive officers and staff members; |
| 5. | Operation of the board of directors; |
| 6. | Scope, details, and implementation of business; |
| 8. | Amendment of the articles of incorporation; |
| 9. | Enactment, amendment, and repeal of bylaws. |
[This Article Wholly Amended by Presidential Decree No. 29986, Jul. 16, 2019]
| Article 21-5 (Board of Directors of Development Institute for Self-Sufficiency and Welfare) |
| (1) | The Development Institute for Self-Sufficiency and Welfare shall have a board of directors to deliberate and make decisions on the following matters; |
| 1. | Business plan, budget, and settlement of accounts; |
| 2. | Acquisition, management, and disposal of main property; |
| 3. | Appointment and dismissal of executive officers and staff; |
| 4. | Amendment of the articles of incorporation; |
| 5. | Enactment, amendment, and repeal of bylaws; |
| 6. | Other matters for which deliberation and decision-making are deemed necessary with regard to the operation of the Development Institute for Self-Sufficiency and Welfare. |
| (2) | The board of directors shall consist of directors including the president. |
| (3) | The chairperson of the board of directors shall be elected by mutual vote from among directors excluding the president. |
| (4) | The chairperson shall call meetings of the board of directors and chair the meetings. |
| (5) | The auditor may attend the meeting of the board of directors and present opinion. |
[This Article Wholly Amended by Presidential Decree No. 29986, Jul. 16, 2019]
| Article 21-6 (Accounting of Development Institute for Self-Sufficiency and Welfare) |
The fiscal year of the Development Institute for Self-Sufficiency and Welfare shall be the same as that of the Government.
[This Article Newly Inserted by Presidential Decree No. 29986, Jul. 16, 2019]
| Article 21-7 (Gratuitous Loan of State Property) |
Where the State, without compensation, lends or transfers State property to the Development Institute for Self-Sufficiency and Welfare, or let it use or profit therefrom pursuant to Article 15-6 (2) of the Act, the details of support, conditions and procedures therefor, and others shall be set in a contract between the management agency of the State property and the Development Institute for Self-Sufficiency and Welfare. [This Article Newly Inserted by Presidential Decree No. 29986, Jul. 16, 2019]
| Article 22 (Projects of Regional Self-Sufficiency Centers) |
| (1) | "Various other projects for self-sufficiency" in Article 16 (1) 6 of the Act means the following: <Amended by Presidential Decree No. 23850, Jun. 12, 2012> |
| 1. | A project to establish and operate places of side business to increase secondary income of recipients or persons in the second-lowest income bracket; |
| 2. | An arrangement project to secure work and explore markets for self-support companies or places of side business; |
| 3. | An arrangement project to support the operation of self-support companies or places of side business; |
| 4. | A project to establish and operate self-sufficiency centers, for education and child care of children of recipients or persons in the second-lowest income bracket; |
| 5. | Any other projects prescribed by Ordinance of the Ministry of Health and Welfare, which are implemented for self-sufficiency. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Articles 23 through 25 Deleted. <by Presidential Decree No. 20131, Jun. 28, 2007> |
| Article 26 (Benefits for Enterprises Employing Recipients) |
| (1) | An enterprises eligible for benefits pursuant to Article 18-2 of the Act, shall be an enterprise which employs recipients or persons in the second-lowest income bracket, for at least 20/100 of its full-time workers. In such cases, any person who was a recipient or person in the second-lowest income bracket at the time of employment but ceases to meet the eligibility requirements, shall be deemed a recipient or person in the second-lowest income bracket, if he or she is continuously employed. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (2) | The period for rendering benefits to the enterprises referred to in paragraph (1), shall be determined by a livelihood security agency within a period not exceeding five years. |
| (3) | Where the percentage of recipients or persons in the second-lowest income bracket employed by any enterprise entitled to benefits pursuant to paragraphs (1) and (2) fails to meet the required percentage, the relevant livelihood security agency may require the enterprise to rectify the employment percentage, and may suspend benefits if the enterprise fails to comply with such request for rectification without just cause. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (4) | Each year, enterprises receiving benefits pursuant to paragraphs (1) and (2), shall report the employment percentage of recipients and persons in the second-lowest income bracket as well as the details of the benefits used. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (5) | Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the procedures, methods, etc. for applying for benefits, suspending benefits, and submitting reports, etc., shall be prescribed and publicly notified by the Minister of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 26-2 (Accumulation in Self-Support Funds) |
| (1) | The amount to be accumulated in the self-support fund under Article 18-3 (1) of the Act (hereinafter referred to as the "Fund") by the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), or the head of a Si/Gun/Gu shall be determined by the Mayor/Do Governor or the head of a Si/Gun/Gu. |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall open a separate account for the Fund and accumulate money in the account. |
[This Article Wholly Amended by Presidential Decree No. 29986, Jul. 16, 2019]
| Article 26-3 (Financial Resources of Fund) |
| (1) | The Fund shall consist of the following financial resources: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Contributions from local governments or persons other than local governments; |
| 2. | Contributions from other funds; |
| 3. | Long-term loans from financial companies, etc. or from other funds; |
| 4. | Interest income from lending by the Fund; |
| 5. | Proceeds accruing from performing self-support labor; |
| 6. | Revenues accruing from operating the Fund. |
| (2) | The State may assist the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereinafter referred to as "City/Do") or a Si/Gun/Gu in increasing finances of the Fund. <Amended by Presidential Decree No. 29986, Jul. 16, 2019> |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 26-4 (Uses of Fund) |
| (1) | The Fund shall be operated for the following purposes: <Amended by Presidential Decree No. 23850, Jun. 12, 2012; Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Compensating for differences in interest rates of the funds borrowed from financial companies, etc. by self-support companies; |
| 5. | Lending business funds to enterprises employing recipients or persons in the second-lowest income bracket, under Article 18-2 of the Act; |
| 6. | Expenses necessary for implementing a self-sufficiency benefits plan referred to in Article 37; |
| 7. | Expenses incurred in relation to credit guarantees provided by institutions that engage in credit guarantee business pursuant to the Regional Credit Guarantee Foundation Act and other relevant Acts, for any of the following loans: |
| (a) | Loans borrowed by self-support companies from financial companies, etc. or from the Fund; |
| (b) | Loans borrowed by recipients for business operation; |
| 8. | Projects prescribed by Ordinance of the relevant local government, as necessary to support self-sufficiency of recipients and persons in the second-lowest income bracket; |
| 9. | Expenses incurred in relation to research on, development, evaluation, etc. of self-support projects; |
| 10. | Subsidizing insurance premiums borne by the principal pursuant to the National Health Insurance Act, the National Pension Act, the Employment Insurance Act, etc., to support self-sufficiency of recipients and persons in the second-lowest income bracket (limited to those who have become persons in the second-lowest income bracket from recipients due to an increase, etc. in their earned income or business income). |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 26-5 (Operation and Management of Fund) |
| (1) | The Fund shall be operated and managed by the Mayor/Do Governor, or the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 29986, Jul. 16, 2019> |
| (2) | In order to conduct affairs relating to revenue and expenditure of the Fund, the Mayor/Do Governor or the head of a Si/Gun/Gu shall appoint a fund revenue collector, fund treasurer, fund expenditure officer, and fund accounting official from among public officials under his or her jurisdiction. |
| (3) | Except as otherwise provided for in this Decree, matters necessary for operating and managing the Fund shall be prescribed by Ordinance of the relevant local government. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 26-6 (Disposition of Profits and Deficits) |
| (1) | Where any profits accrue while settling accounts of the Fund, the total amount of such profits shall be reserved. |
| (2) | Where any deficits accrue while settling accounts of the Fund, the amount of such deficits shall be offset by the reserve referred to in paragraph (1); and any such loss that is not fully offset by the reserve, may be offset by a budget of the relevant local government. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 26-7 (Guidance on and Supervision of Fund) |
| (1) | Where necessary to efficiently manage the Fund, the Minister of Health and Welfare may guide and supervise the operation status of the Funds established in Cities/Dos; and the Mayor/Do Governor may guide and supervise the operation status of the Funds established in Sis/Guns/Gus. |
| (2) | The Mayor/Do Governor shall submit the results of operation and management of the Funds established in the relevant City/Do and Sis/Guns/Gus under his or her jurisdiction to the Minister of Health and Welfare, as prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 26-8 (Construction and Operation of Integrated Information and Computer Network of Self-Sufficiency Support Projects) |
Pursuant to Article 18-6 (5) of the Act, the Minister of Health and Welfare shall entrust the Development Institute for Self-Sufficiency and Welfare with the duties related to the construction and operation of an integrated information and computer network of self-sufficiency support projects under paragraph (1) of the same Article. [This Article Newly Inserted by Presidential Decree No. 29986, Jul. 16, 2019]
| Article 27 (Organization and Composition of Central Livelihood Security Committee) |
| (1) | The Central Livelihood Security Committee referred to in Article 20 (2) of the Act (hereinafter referred to as the "Central Livelihood Security Committee") shall have one vice chairperson. <Amended by Presidential Decree No. 26843, Dec. 31, 2015> |
| (2) | The Vice Chairperson shall be elected by mutual vote from among members of the Central Livelihood Security Committee. <Amended by Presidential Decree No. 29986, Jul. 16, 2019> |
| (3) | Public officials of relevant central administrative agencies who are members of the Central Livelihood Security Committee, shall be as follows: <Amended by Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Second Vice Minister of Economy and Finance; |
| 2. | Vice Minister of Education; |
| 3. | Vice Minister of the Interior and Safety; |
| 4. | Vice Minister of Employment and Labor; |
| 5. | First Vice Minister of Land, Infrastructure and Transport. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 27-2 (Subcommittees) |
| (1) | Where necessary to efficiently review agenda items to be presented to the Central Livelihood Security Committee, sectoral subcommittees may be organized and operated in the Central Livelihood Security Committee. |
| (2) | A sectoral subcommittee referred to in paragraph (1) shall be comprised of not more than 13 persons, including the chairperson of the subcommittee, who shall be designated by the Chairperson of the Central Livelihood Security Committee (hereafter referred to as the "Chairperson"; hereafter the same shall apply in this Article) from among its members. |
| (3) | Members of a sectoral subcommittee shall be commissioned or appointed by the Chairperson from among the following persons, taking account of their professional fields, gender, etc.: |
| 1. | Members of the Central Livelihood Security Committee; |
| 2. | Persons with extensive knowledge of and experience in the relevant field; |
| 3. | Public officials of at least Grade IV of central administrative agencies related to operating sectoral subcommittees. |
[This Article Newly Inserted by Presidential Decree No. 26843, Dec. 31, 2015]
| Article 28 (Organization and Composition of Regional Livelihood Security Committees) |
| (1) | A livelihood security committee established in a City/Do or Si/Gun/Gu pursuant to Article 20 (6) of the Act (hereinafter referred to as "regional livelihood security committee"), shall be comprised of 15 members, including one chairperson and one vice chairperson. In such cases, opportunities for participation by persons specified in Article 20 (4) 1 or 2 of the Act shall be guaranteed. |
| (2) | The vice chairperson shall be appointed from among members of the relevant regional livelihood security committee. |
| (3) | Where another committee performs the functions of a regional livelihood security committee on its behalf under the proviso of Article 20 (1) of the Act, opportunities for participation by persons specified in Article 20 (4) 1 or 2 of the Act shall be guaranteed when the committee is organized. |
| (4) | In order to professionally review matters subject to deliberation, a regional livelihood security committee may establish a subcommittee following resolution by the committee. |
| (5) | The subcommittee established under paragraph (4) (hereinafter referred to as "subcommittee") shall be comprised of not more than seven members, including the chairperson of the subcommittee, who shall be designated by the chairperson of the relevant regional livelihood security committee following resolution by the regional livelihood security committee. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 29 (Functions of Regional Livelihood Security Committees) |
| (1) | The regional livelihood security committee established in a City/Do shall deliberate and pass resolutions on the following matters: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Basic direction-setting for livelihood security projects of the relevant City/Do, and formulating implementation plans; |
| 3. | Establishing and managing self-support funds referred to in Articles 26-2 through 26-7; |
| 4. | Self-sufficiency benefits plans referred to in Article 37 (2); |
| 5. | Any other matters the Mayor/Go Governor tables at a meeting of the regional livelihood security committee for deliberation. |
| (2) | The regional livelihood security committee established in a Si/Gun/Gu shall deliberate and pass resolutions on the following matters: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Basic direction-setting for livelihood security projects of the relevant Si/Gun/Gu, and formulating implementation plans; |
| 2. | Decision on benefits determined by the Minister of Health and Welfare or the head of the competent central administrative agency in order to protect persons living in poverty even though they are not eligible recipients for any benefits specified in the subparagraphs of Article 7 (1) of the Act, pursuant to Article 14-2 of the Act; |
| 5. | Establishing and managing self-support funds referred to in Articles 26-2 through 26-7; |
| 6. | Self-sufficiency benefits plans referred to in Article 37 (1); |
| 7. | Exempting from, or determining, collection of expenses for livelihood security; return, collection, reduction, or exemption in connection with money and goods; and disposition of deficits; |
| 8. | Any other matters the head of the relevant Si/Gun/Gu tables at a meeting of the regional livelihood security committee for deliberation. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 30 (Terms of Office and Duties of Members) |
| (1) | The term of office of each commissioned member of the Central Livelihood Security Committee and regional livelihood security committees (hereinafter referred to as "each committee"), shall be two years. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (2) | The chairperson of each committee shall represent the relevant committee and preside over the affairs of the committee. |
| (3) | The vice chairperson of each committee shall assist the chairperson and act on behalf of the latter if the chairperson is unable to perform his or her duties in extenuating circumstances. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 30-2 (Dismissal of Members) |
| 1. | The member becomes unable to perform his or her duties due to any mental or physical impairment; |
| 2. | The member has engaged in any misconduct in relation to his or her duties; |
| 3. | The member is deemed unfit as a member due to neglecting his or her duties, losing dignity, or other reason; |
| 4. | The member voluntarily indicates that it is impracticable to perform his or her duties. |
[This Article Newly Inserted by Presidential Decree No. 26843, Dec. 31, 2015]
| Article 31 (Meetings and Proceedings) |
| (1) | The chairperson of each committee shall convene and preside over the meetings of the relevant committee. |
| (2) | The chairperson of each committee shall convene a meeting without delay, if requested by at least 1/3 of all incumbent members of the relevant committee. |
| (3) | Meetings of each committee shall commence with the attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of the members present. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 32 (Hearing Opinions) |
Where deemed necessary for matters subject to deliberation by the relevant committee, the chairperson of each committee may have experts, interested persons, etc., attend any of its meetings to hear their opinions.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| (1) | Each committee shall have one secretary to manage the affairs of the committee, who shall be appointed by the head of an agency which has established the committee, from among public officials under his or her jurisdiction. |
| (2) | The secretary referred to in paragraph (1) may attend a meeting of the committee to which he or she belongs, to state his or her opinion. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 34 (Allowances and Travel Expenses) |
Allowances may be provided, and travel expenses reimbursed, within budgetary limits to members, experts, interested persons, etc. who attend a meeting of each committee: Provided, That the same shall not apply where a member who is a public official attends a committee meeting in relation to his or her duties.
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 35 (Operational Regulations) |
Except as otherwise provided for in this Decree, matters necessary for organizing, operating, etc. of each committee and subcommittees thereof, shall be determined by the chairperson of each committee following resolution by the relevant committee.
[This Article Wholly Amended by Presidential Decree No. 26843, Dec. 31, 2015]
| Article 36 (Scope of Financial Information) |
Where an eligible recipient, etc. file an application for benefits pursuant to Article 21 (3) of the Act, the scope of financial information, credit information, and insurance information (hereinafter referred to as "financial information, etc") that the eligible recipient or his or her obligatory provider must consent to provide, shall be as follows: <Amended by Presidential Decree No. 25659, Oct. 15, 2014; Presidential Decree No. 30124, Oct. 15, 2019> | 1. | Financial information: |
| (a) | Demand deposits, such as ordinary deposits, savings deposits, free savings deposits, and foreign currency deposits: An average balance over the last three or less months and total deposit amount; |
| (b) | Savings deposits, such as time deposits, installment deposits, and periodical savings: The balance or the total amount of deposits; |
| (d) | Bonds, bills, checks, debt certificates, certificates of preemptive right to new stocks, and negotiable certificates of deposit: The face value; |
| (e) | Pension savings: The amount paid regularly, or the final balance; |
| (f) | Interest and dividends accruing from financial property specified in items (a) through (e), or discounts thereon; |
| (a) | Status of loans, and details of arrears; |
| (b) | Outstanding credit card balance; |
| 3. | Insurance information: |
| (a) | Insurance policy: The refund to be paid if the insurance is cancelled, or insurance proceeds paid within the last year; |
| (b) | Pension insurance: The refund to be paid if the pension insurance is cancelled, or the amount paid regularly. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 36-2 (Request for and Provision of Financial Information) |
| (1) | Where the Minister of Health and Welfare requests the head of a financial institution, etc. (referring to financial companies, etc. and credit information collection agencies defined in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, etc. of any eligible recipient, recipient, and obligatory provider pursuant to Article 23-2 of the Act, he or she shall do so in writing stating the following matters: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Names and resident registration numbers of the relevant eligible recipient, recipient, and obligatory provider; |
| 2. | The scope of financial information, etc. requested, and the base date and period for inquiries with regard thereto. |
| (2) | Upon receipt of a request for provision of financial information, etc. of any eligible recipient, recipient, and obligatory provider under paragraph (1), the head of a financial institution, etc. shall provide the financial information, etc. in writing stating the following matters: |
| 1. | Names and resident registration numbers of the relevant eligible recipient, recipient, and obligatory provider; |
| 2. | Name of a financial institution, etc. providing financial information, etc.; |
| 3. | Names of financial instruments provided and relevant account numbers; |
| 4. | Details of the financial information, etc. |
| (3) | The Minister of Health and Welfare may request the head of a financial institution, etc. to provide the financial information, etc. under paragraph (1) by using the information and communications networks of an association, federation, central association, etc. (hereinafter referred to as "association, etc.") joined by the financial institution, etc. |
| (4) | The Minister of Health and Welfare may request the head of a financial institution, etc. to provide the minimum financial information, etc. necessary for an investigation for verification referred to in Article 23 of the Act, pursuant to Article 23-2 (2) of the Act; and in cases of an obligatory provider, such request may be made only when he or she falls under any of the following cases: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Where the relevant obligatory provider's income remaining after deduction at least equals to 20/100 of the standard median income; |
| 2. | Where the amount of income converted from property of the relevant obligatory provider at least equals to the amount prescribed and publicly notified by the Minister of Health and Welfare; |
| 3. | Where any obligatory provider, prescribed by the Minister of Health and Welfare, who is suspected of changing property holdings. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 36-3 (Scope of Receiving of Benefits by Agents) |
| 1. | Where the recipient is impaired in mobility due to dementia or any other reason determined by the Minister of Health and Welfare; |
| 2. | Where the recipient is a minor, which makes it difficult to obtain consent of his or her legal representative. |
| (2) | A person who intends to receive benefits granted to a recipient pursuant to Article 27-3 (1) of the Act shall submit documents prescribed by Ordinance of the Ministry of Health and Welfare to a livelihood security agency. |
[This Article Wholly Amended by Presidential Decree No. 30124, Oct. 15, 2019]
| Article 37 (Self-Sufficiency Benefits Plans) |
| (1) | In order to provide systematic support for recipients in terms of self-sufficiency according to the self-sufficiency benefits plan referred to in Article 28 of the Act, the head of a Si/Gun/Gu shall formulate a self-sufficiency benefits plan for the relevant region, which includes the following matters, by January 31 each year; and a Special Self-Governing City Mayor and a Special Self-Governing Province Governor shall report such plan to the Minister of Health and Welfare, and the head of a Si/Gun/Gu (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor), to the Special Metropolitan City Mayor; a Metropolitan City Mayor; and a Do Governor: <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Demand for self-sufficiency benefits, and implementing projects to support self-sufficiency for the relevant year and the following year; |
| 2. | Financing the implementation of projects to support self-sufficiency for the relevant year and the following year; |
| 3. | Nurturing and subsidizing self-support project implementing agencies for the following year; |
| 4. | Any other matters necessary to support self-sufficiency. |
| (2) | The Special Metropolitan City Mayor; a Metropolitan City Mayor; and a Do Governor shall formulate a self-sufficiency benefits plan for the relevant City/Do based on the self-sufficiency benefits plan reported under paragraph (1); and shall report such plan to the Minister of Health and Welfare by the end of February each year. In such cases, the Special Metropolitan City Mayor; a Metropolitan City Mayor; and a Do Governor may adjust the self-sufficiency benefits plan referred to in paragraph (1), after consultation with the head of a Si/Gun/Gu (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor). <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (3) | Upon receipt of a report on a self-sufficiency benefits plan from the Mayor/Do Governor under paragraphs (1) and (2), the Minister of Health and Welfare shall take measures necessary to implement the plan. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (4) | Where the head of a Si/Gun/Gu formulates a self-sufficiency benefits plan for each household of recipients pursuant to Article 28 of the Act and a self-sufficiency benefits plan for the relevant region to support it, he or she shall hear opinions of local residents, experts on self-sufficiency, and a consultative body of self-sufficiency agencies; and may request the head of an employment security office or the head of a self-support project implementing agency to provide data or cooperation, if necessary. The same shall also apply to any amendment to the self-sufficiency benefits plan for the relevant region. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| (5) | The Minister of Health and Welfare shall formulate an annual self-sufficiency benefits plan based upon the relevant basic plan for basic livelihood security referred to in Article 20-2 (1) of the Act. <Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015> |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 38 Deleted. <by Presidential Decree No. 26206, Apr. 20, 2015> |
| Article 38-2 (Methods of Filing Objections) |
| (1) | A person who intends to file an objection pursuant to Article 40 of the Act, shall prepare a written objection stating the following matters, directly or with the cooperation of a public official in charge; and shall submit it to the Mayor/Do Governor, along with evidentiary documents: |
| 1. | Name, address, and contact information of the applicant; |
| 2. | Date of receipt of the notification of the relevant disposition, etc.; |
| 3. | Details of the relevant disposition, etc. and matters notified; |
| 4. | Grounds for filing an objection. |
| (2) | Where a person intending to file an objection applies for or receives at least two types of benefits specified in Article 7 (1) 1 through 4 and 7 of the Act, he or she shall file an objection with the head of a central administrative agency having jurisdiction over the benefits subject to the lowest selection criteria, among the types of benefits referred to in Article 7 of the Act. In such cases, the head of a central administrative agency in receipt of the objection may hear opinions of the head of the central administrative agency having jurisdiction over the relevant benefits. |
[This Article Newly Inserted by Presidential Decree No. 26206, Apr. 20, 2015]
| Article 39 (Calculation of Subsidies) |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 40 (Settlement of Accounts of Subsidies) |
| (1) | Where the total expenses for livelihood security paid by a local government exceed the aggregate of State subsidies (referring to City/Do subsidies, in cases of a Si/Gun/Gu; hereafter the same shall apply in this Article) received pursuant to Article 43 (2) or (3) of the Act and the charges borne by the local government based on the percentages specified in Article 43 (1) 4 of the Act, the local government may file an application with the State for a subsidy based on the percentages specified in Article 43 (1) 4 of the Act, in connection with such excess expenditure. |
| (2) | Where any surplus accrues as a result of settling accounts of the amount obtained by aggregating the total expenses for livelihood security paid by a local government; State subsidies received pursuant to Article 43 (2) or (3) of the Act; and the charges borne by the local government, the local government shall return, to the State, the amount remaining after deducting the charges borne by the local government based on the percentages specified in Article 43 (1) 4 of the Act from such surplus. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 41 (Recovery of Expenses for Livelihood Security) |
| (1) | Where a livelihood security agency recovers expenses for livelihood security, from obligatory providers with the ability to provide support pursuant to Article 46 (1) of the Act, it shall collect from each obligatory provider according to the following classifications, within the scope of expenses incurred in paying benefits specified in subparagraph 3 of Article 42 of the Act (hereafter in this Article, referred to as "expenses for livelihood security subject to recovery"); but where the sum of the amounts calculated for each obligatory provider exceeds the expenses for livelihood security subject to recovery, the livelihood security agency shall collect, from each obligatory provider, the amount obtained by dividing the expenses for livelihood security subject to recovery, by the charges determined according to each of the amounts calculated. <Amended by Presidential Decree No. 26206, Apr. 20, 2015> |
| 1. | Where an obligatory provider referred to in Article 5-6 (1) 4 fails to regularly provide money and goods to the relevant eligible recipient: The amount determined by the Minister of Health and Welfare pursuant to Article 5-6 (1) 4 (c); |
| 2. | Where an obligatory provider falls under any case other than that specified in subparagraph 1: The total amount of the expenses for livelihood security subject to recovery. |
| (2) | Expenses for livelihood security that a livelihood security agency recovers from any unlawful recipient pursuant to Article 46 (2) of the Act, shall be the total amount of expenses for livelihood security subject to recovery; and where at least two unlawful recipients exist, the amount obtained by dividing the expenses for livelihood security subject to recovery by the number of unlawful recipients, shall be collected from each of the unlawful recipients. |
| (3) | Where a livelihood security agency recovers expenses for livelihood security, it shall give payment notice to the relevant person, specifying a payment period of at least 30 days; and where the relevant obligatory provider or unlawful recipient fails to make the payment within the period, it shall urge him or her to make the payment, specifying a payment period of at least 30 days. |
[This Article Wholly Amended by Presidential Decree No. 23128, Sep. 8, 2011]
| Article 42 (Management of Sensitive and Personally Identifiable Information) |
| 4. | Affairs concerning requesting, and providing, financial information, etc. referred to in Article 23-2 of the Act; |
| 5. | Affairs concerning investigating the second-lowest income bracket referred to in Article 24 of the Act; |
| 9. | Affairs concerning a work ability assessment referred to in Article 7. |
| (2) | Where inevitable circumstances arise when the following affairs are conducted, the Development Institute for Self-Sufficiency and Welfare may handle information on health under Article 23 of the Personal Information Protection Act and the data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of the same Act: <Newly Inserted by Presidential Decree No. 25659, Oct. 15, 2014; Presidential Decree No. 26206, Apr. 20, 2015; Presidential Decree No. 27240, Jun. 21, 2016; Presidential Decree No. 29986, Jul. 16, 2019> |
| 3. | Affairs concerning evaluation of metropolitan self-sufficiency centers, regional self-sufficiency centers, and self-support companies under Article 15-3 (1) 3 of the Act; |
| 4. | Affairs concerning construction and operation of a cooperative system and an information network between self-sufficiency-related organizations under Article 15-3 (1) 4 and 5 of the Act; |
| 5. | Affairs concerning linkage with the employment benefits service and management of persons eligible for social welfare services under Article 15-3 (1) 7 of the Act; |
| 6. | Affairs concerning education and training of persons engaged or participating in self-sufficiency-related institutions under Article 15-3 (1) 8 of the Act, and support therefor; |
| 7. | Affairs concerning recommendation of a president and an auditor under Article 15-4 (2) of the Act, and recommendation of directors under paragraph (4) of the same Article; |
| 9. | Affairs concerning construction and operation of an integrated information and computer network of self-sufficiency support projects under Article 18-6 (1) of the Act. |
[This Article Newly Inserted by Presidential Decree No. 23850, Jun. 12, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2000.
Article 2 (Repeal of other Statutes or Regulations)
Article 3 (Special Cases concerning Criteria for Recognition of Ability to Provide Support)
For the purposes of Article 4 (1) 3 and 4 concerning the criteria for recognition of the ability to provide support, "amount of income converted from property is the amount obtained by aggregating the respective amounts equivalent to 42/100 of the minimum cost of living for the relevant eligible recipient and obligatory provider, respectively" in such provisions, shall be construed as "property is the amount obtained by aggregating the respective amounts equivalent to 120/100 of the property standard for selecting recipients under Article 5 of the Addenda of the Act, for the relevant eligible recipient and obligatory provider, respectively", from the date this Decree enters into force to December 31, 2002. Article 4 Omitted.
ADDENDA <Presidential Decree No. 17759, Oct. 14, 2002>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
ADDENDA <Presidential Decree No. 17877, Jan. 2, 2003>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the provisions concerning the upper age limit in the amended provisions of Article 7, shall enter into force in stages as follows: |
| 1. | From the date this Decree enters into force until December 31, 2003: 62 years of age; |
| 2. | After January 1, 2004: 64 years of age. |
| (2) | (Transitional Measures) A person selected as a recipient unable to work in accordance with the age standards under the previous Article 7, as at the time this Decree enters into force, shall be deemed a recipient with no ability to work under this Decree. |
ADDENDUM <Presidential Decree No. 19351, Feb. 22, 2006>
This Decree shall enter into force on July 1, 2006.
ADDENDUM <Presidential Decree No. 19768, Dec. 21, 2006>
This Decree shall enter into force on July 1, 2007.
ADDENDUM <Presidential Decree No. 20131, Jun. 28, 2007>
This Decree shall enter into force on July 1, 2007.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 20870, Jun. 25, 2008>
This Decree shall enter into force on July 1, 2008.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21095, Oct. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 22, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21573, Jun. 26, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
(Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 21640, Jul. 24, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21765, Oct. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21926, Dec. 30, 2009>
This Decree shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21962, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, ㆍㆍㆍ<omitted>ㆍㆍㆍ, the amended provisions of Article 3 (1) through (6) of the Addenda and the amended provisions of paragraph (8) of the same Article, shall enter into force on January 1, 2010. Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23128, Sep. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (c) of Article 5-2 shall enter into force on October 1, 2011; and the amended provisions of Article 16 (1) shall enter into force on January 1, 2012. Article 2 (Applicability to Exclusion of Individual Households of Persons Staying Abroad)
The amended provisions of Article 2 (2) 2 shall begin to apply from the first person who departs from the relevant country after this Decree enters into force.
ADDENDUM <Presidential Decree No. 23461, Dec. 30, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23842, Jun. 7, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 8, 2012.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23850, Jun. 12, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012: Provided, That the amended provisions of Articles 7 (2), 21, 21-2, subparagraph 3 of Article 26-4, and Articles 38 and 42 shall enter into force on the date of its promulgation. Article 2 (Applicability to Appeal on Ability to Work)
| (1) | The amended provisions of Article 7 (3) shall also apply to persons whose ability to work has been determined in court under the previous provisions of Article 7 (1) within 60 days before this Decree enters into force. |
| (2) | A person who falls under paragraph (1) and has filed for an appeal as publicly notified by the Minister of Health and Welfare previously, shall be deemed to have filed for an appeal under the amended provisions of Article 7 (3). |
Article 3 (Applicability to Amount Subsidized for Accumulation of Assets and Procedures for Making Payment)
The amended provisions of Article 21-2 shall also apply to persons selected as persons eligible for subsidization for accumulation of assets under the previous provisions, as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 24018, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24638, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013. (Proviso Omitted.)
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 24890, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 25427, Jun. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2014.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 25659, Oct. 15, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (f) of Article 36 shall enter into force on December 1, 2014. Article 2 (Transitional Measures concerning Incompetents)
Persons for whom adjudication on the commencement of adult guardianship is made final and conclusive under the amended provisions of Article 6 (1) 1, shall be deemed persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of Addenda to the Civil Act (Act No. 10429).
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 amendments to Presidential Decrees, already promulgated but which have not yet entered into force before this Decree enters into force, among Presidential Decrees amended pursuant to Article 5 of the Addenda, shall enter into force on the dates the respective Presidential Decrees enter into force. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26206, Apr. 20, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015: Provided, That the amended provisions of Article 27 (3) shall enter into force on the date of its promulgation. Article 2 Omitted.
ADDENDA <Presidential Decree No. 26843, Dec. 31, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 (Applicability to Scope of Property and Calculation of Property Value)
Article 3 (Transitional Measures concerning Calculation of Assessed Amount of Income from Self-Support Labor)
Notwithstanding the amended provisions of subparagraph 9 of Article 5-2, the previous provisions shall apply where the assessed amount of income for January of 2016 is calculated, for persons to whom subparagraph 9 of Article 5-2 was applied before this Decree enters into force.
ADDENDA <Presidential Decree No. 27240, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016: Provided, That the amended provisions of Article 42 (2) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Conditional Recipients)
Notwithstanding the amended provisions of Article 8, the previous provisions shall apply to persons for whom no conditions have been imposed under the previous provisions, as at the time this Decree enters into force, from among recipients able to work referred to in Article 7, until December 31, 2016.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to Presidential Decrees, already promulgated but which have not yet entered into force before this Decree enters into force, among Presidential Decrees amended pursuant to Article 8 of the Addenda, shall enter into force on the dates the respective Presidential Decrees enter into force. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28497, Dec. 26, 2017>
This Decree shall enter into force on January 1, 2018.
ADDENDA <Presidential Decree No. 28627, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDUM <Presidential Decree No. 29986, Jul. 16, 2019>
This Decree shall enter into force on July 16, 2019.
ADDENDUM <Presidential Decree No. 30124, Oct. 15, 2019>
This Decree shall enter into force on October 24, 2019.
ADDENDUM <Presidential Decree No. 30258, Dec. 24, 2019>
This Decree shall enter into force on January 1, 2020.