WELFARE OF SENIOR CITIZENS ACT
Wholly Amended by Act No. 5359, Aug. 22, 1997
Amended by Act No. 5453, Dec. 13, 1997
Act No. 5851, Feb. 8, 1999
Act No. 6124, Jan. 12, 2000
Act No. 6916, May 29, 2003
Act No. 7152, Jan. 29, 2004
Act No. 7452, Mar. 31, 2005
Act No. 7585, Jul. 13, 2005
Act No. 8200, Jan. 3, 2007
Act No. 8367, Apr. 11, 2007
Act No. 8366, Apr. 11, 2007
Act No. 8385, Apr. 25, 2007
Act No. 8435, May 17, 2007
Act No. 8608, Aug. 3, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8974, Mar. 21, 2008
Act No. 9386, Jan. 30, 2009
Act No. 9932, Jan. 18, 2010
Act No. 9964, Jan. 25, 2010
Act No. 10509, Mar. 30, 2011
Act No. 10563, Apr. 7, 2011
Act No. 10785, jun. 7, 2011
Act No. 10997, Aug. 4, 2011
Act No. 11013, Aug. 4, 2011
Act No. 11249, Feb. 1, 2012
Act No. 11513, Oct. 22, 2012
Act No. 11854, jun. 4, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12066, Aug. 13, 2013
Act No. 13102, Jan. 28, 2015
Act No. 13474, Aug. 11, 2015
Act No. 13646, Dec. 29, 2015
Act No. 14224, May 29, 2016
Act No. 14320, Dec. 2, 2016
Act No. 14596, Mar. 14, 2017
Act No. 14922, Oct. 24, 2017
Act No. 15442, Mar. 13, 2018
Act No. 15881, Dec. 11, 2018
Act No. 15880, Dec. 11, 2018
Act No. 16243, Jan. 15, 2019
Act No. 16735, Dec. 3, 2019
Act No. 17199, Apr. 7, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promoting the health and welfare of senior citizens by preventing or early detecting diseases affecting senior citizens, maintaining mental and physical health through proper treatment and recuperation taking into account their specific conditions, and devising appropriate measures to ensure stable lives of senior citizens.
| Article 1-2 (Definitions) |
Definitions of the terms used in this Act shall be as follows: <Amended on Jan. 3, 2007; Aug. 4, 2011; Dec. 29, 2015; Dec. 2, 2016>
| 1. | "Person who is under duty to support" means a spouse (including persons in a de facto marital relationship), lineal descendants, and their spouses (including persons in a de facto marital relationship); |
| 2. | "Guardian" means a person who is under duty to support or a person who offers de facto protection to senior citizens on the grounds of business or employment relations, etc.; |
| 4. | "Elder abuse" means any act of physical, mental, emotional, and sexual violence, and economic exploitation of, or atrocities against, or desertion or neglect of, senior citizens; |
| 5. | "Crime related to elder abuse" means elder abuse against a senior citizen aged 65 years or older by his or her guardian, which falls under any of the following: |
| (a) | Any crime specified in Article 257, 258, 260 (1) or (2), 261, or 264, among crimes of inflicting a bodily injury and violence specified in Chapter XXV of Part II of the Criminal Act; |
| (b) | Any crime specified in Article 271 (1) or (2) or 273, among crimes of abandonment and maltreatment specified in Chapter XXVIII of Part II of the Criminal Act; |
| (c) | Any crime specified in Article 276, 277, 278, 279, 280, or 281 (limited to where the relevant crime results in bodily injury), among crimes of false arrest and illegal confinement specified in Chapter XXIX of Part II of the Criminal Act; |
| (d) | Any crime specified in Article 283 (1) or (2), 284, 285 (limited to the crimes specified in Article 283), or 286, among crimes of intimidation specified in Chapter XXX of Part II of the Criminal Act; |
| (e) | Any crime specified in Articles 297, 297-2, 298, 299, 300, 301, 301-2, or 305-2 (limited to the crimes specified in Articles 297, 297-2, 298 through 300), among crimes concerning rape and infamous conduct specified in Chapter XXXII of Part II of the Criminal Act; |
| (f) | Any crime specified in Article 307, 309, or 311, among crimes against reputation specified in Chapter XXXIII of Part II of the Criminal Act; |
| (g) | Any crime specified in Article 321, among crimes of intrusion upon a human habitation specified in Chapter XXXVI of Part II of the Criminal Act; |
| (h) | Any crime specified in Article 324 or 324-5 (limited to the crimes specified in Article 324), among crimes of obstructing another from exercising his or her right specified in Chapter XXXVII of Part II of the Criminal Act; |
| (i) | Any crime specified in Article 350 or 352 (limited to the crimes specified in Article 350), among crimes of fraud and extortion specified in Chapter XXXIX of Part II of the Criminal Act; |
| (j) | Any crime specified in Article 366, among crimes of destruction specified in Chapter XLII of Part II of the Criminal Act; |
| (k) | Any crime specified in Article 55-2, 55-3 (1) 2, subparagraph 1 of 55-4, or 59-2; |
| (l) | Any crime specified in items (a) through (j), which is subject to aggravated punishment under other statutes. |
[This Article Newly Inserted on Jan. 29, 2004]
| Article 2 (Fundamental Concepts) |
| (1) | Senior citizens shall be respected as those who have contributed to the upbringing of descendants and the development of the State and society, and their sound and stable lives shall be ensured. |
| (2) | Senior citizens shall be guaranteed opportunities to be engaged in proper jobs and to participate in social activities, depending on their abilities. |
| (3) | Senior citizens shall try to maintain mental and physical health at all times, based on the recognition of mental and physical changes that occur as they grow older, and contribute to the development of society by utilizing their knowledge and experience. |
| Article 3 (Development and Maintenance of Family System) |
The State and people shall make efforts to develop and maintain a sound family system based on the traditional custom of expressing respect and love for senior citizens and parents.
| Article 4 (Responsibility for Promoting Health and Welfare) |
| (1) | The State and local governments shall be responsible for promoting the health and welfare of senior citizens; and shall formulate and implement measures for these purposes. |
| (2) | In formulating measures under paragraph (1), the State and local governments shall make efforts to ensure realization of the fundamental ideas prescribed in Article 2. |
| (3) | A person, who operates a business related to the daily lives of senior citizens, shall make efforts to promote the health and welfare of senior citizens in operating the relevant business. |
| Article 4-2 (Prevention of Safety Accidents) |
| (1) | The State and local governments shall establish and implement measures necessary to ensure the safety of senior citizens and to prevent fatal accidents, such as falls. In such cases, the measures for preventing safety accidents shall be linked with the master plan for national safety management, City/Do safety management plans, and Si/Gun/Gu safety management plans prescribed in the Framework Act on the Management of Disasters and Safety. |
| (2) | Matters necessary to establish and implement measures for preventing safety accidents under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 5 (Fact-Finding Survey on Status of Senior Citizens) |
| (1) | The Minister of Health and Welfare shall conduct a fact-finding survey on the current status of the health and welfare of senior citizens every three years and publicly announce the results thereof. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare may request the head of a related institution, corporation, organization, or facility to submit necessary data or to present his or her opinion, in order to conduct a fact-finding survey on the current status prescribed in paragraph (1). In such cases, the head of the related institution, corporation, organization, or facility shall comply with such request, except in extenuating circumstances. <Newly Inserted on Jan. 28, 2015> |
| (3) | Matters necessary for methods and details, etc. of the survey under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jan. 28, 2015> |
[This Article Newly Inserted on Jan. 3, 2007]
| Article 6 (Senior Citizens’ Day) |
| (1) | In order to draw social attention to senior citizens and to raise awareness of the importance of paying respect to senior citizens, the Senior Citizens’ Day shall be observed on October 2 every year and the Senior Citizens’ Month in October every year. |
| (2) | In order to encourage people to practice filial piety to their parents, the Parents Day shall be observed on May 8 every year. |
| (3) | Deleted. <Aug. 4, 2011> |
| (4) | In order to raise awareness about, and draw attention to, elder abuse nationwide, June 15 every year shall be designated as the Elder Abuse Prevention Day; and the State and local governments shall endeavor to organize and promote events fit for the purpose of the Elder Abuse Prevention Day. <Newly Inserted on Dec. 29, 2015> |
| Article 6-2 (Production, Distribution and Transmission of Publicity Videos) |
| (1) | The Minister of Health and Welfare shall produce a publicity video on the precaution, prevention, and risk of elder abuse, method, etc. of filing a report thereon, and distribute the video to persons in charge of broadcast programming defined in subparagraph 23 of Article 2 of the Broadcasting Act. |
| (2) | The Minister of Health and Welfare may request broadcasting business entities defined in subparagraph 3 of Article 2 of the Broadcasting Act to transmit, through each channel, the publicity video referred to in paragraph (1), within the ratio of the non-commercial, public interest advertisements prescribed by Presidential Decree pursuant to Article 73 (4) of the same Act. <Amended on Apr. 7, 2020> |
| (3) | The Minister of Health and Welfare may request electric sign board broadcasting business entities defined in subparagraph 12 of Article 2 of the Broadcasting Act to transmit, through electric sign boards, the publicity video referred to in paragraph (1), within the ratio of the non-commercial, public interest advertisements prescribed by Presidential Decree pursuant to Article 73 (4) of the same Act. |
| (4) | Broadcasting business entities referred to in paragraph (2) and electric sign board broadcasting business entities referred to in paragraph (3) may independently produce and transmit a publicity video, other than the video referred to in paragraph (1). In such cases, they may request the Minister of Health and Welfare to provide necessary cooperation and assistance. <Amended on Apr. 7, 2020> |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 6-3 (Human Rights Education) |
| (1) | A person who establishes and operates any facility prescribed by Presidential Decree among the welfare facilities for senior citizens referred to in Article 31 as well as his or her/its employees shall receive education on human rights (hereinafter referred to as "human rights education" in this Article). |
| (2) | A person who establishes and operates any facility prescribed by Presidential Decree among the welfare facilities for senior citizens referred to in Article 31 may conduct human rights education for senior citizens who use the facility. |
| (3) | The Minister of Health and Welfare may designate an institute for human rights education in order to efficiently conduct human rights education pursuant to paragraph (1) or (2). In such cases, the Minister of Health and Welfare may subsidize expenses incurred in conducting human rights education within budgetary limits; and a designated institute for human rights education may collect expenses incurred in doing so from persons subject to human rights education, with the approval of the Minister of Health and Welfare. |
| (4) | Where an institute for human rights education designated as such pursuant to paragraph (3) falls under any of the following, the Minister of Health and Welfare may revoke its designation or suspend its business for a specified period not exceeding six months: Provided, That if it falls under subparagraph 1, its designation shall be revoked: |
| 1. | Where it is designated as an institute for human rights education by fraud or other improper means; |
| 2. | Where it fails to meet the designation requirements prescribed by Ordinance of the Ministry of Health and Welfare pursuant to paragraph (5); |
| 3. | Where it is deemed significantly incapable of conducting human rights education. |
| (5) | Persons subject to human rights education referred to in paragraphs (1) and (2), the details and method thereof, standards for designating an institute for human rights education under paragraph (3) as well as for revoking its designation or suspending its business under paragraph (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 7 (Counselor for Welfare of Senior Citizens) |
| (1) | In order to take charge of the affairs related to the welfare of senior citizens, a Special Self-Governing Province and Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply) shall have counselors for the welfare of senior citizens. <Amended on Aug. 3, 2007> |
| (2) | Matters necessary for the appointment, commission, duties and remunerations, etc. of the counselor for the welfare of senior citizens shall be determined by Presidential Decree. <Amended on Feb. 8, 1999> |
| Article 8 (Residential Facilities Reserved for Senior Citizens) |
The State or local governments shall encourage the provision of residential facilities that have functions and equipment suitable for senior citizens and may provide appropriate support to the provider of the residential facilities.
| Article 9 Deleted. <Apr. 25, 2007> |
| Article 10 Deleted. <Apr. 25, 2007> |
| Article 11 Deleted. <Apr. 25, 2007> |
| Article 12 Deleted. <Apr. 25, 2007> |
| Article 13 Deleted. <Apr. 25, 2007> |
| Article 14 Deleted. <Apr. 25, 2007> |
| Article 15 Deleted. <Apr. 25, 2007> |
| Article 16 Deleted. <Apr. 25, 2007> |
| Article 17 Deleted. <Apr. 25, 2007> |
| Article 18 Deleted. <Apr. 25, 2007> |
| Article 19 Deleted. <Apr. 25, 2007> |
| Article 20 Deleted. <Apr. 25, 2007> |
| Article 21 Deleted. <Apr. 25, 2007> |
| Article 22 Deleted. <Apr. 25, 2007> |
CHAPTER III DISPOSITIONS OF HEALTH AND WELFARE
| Article 23 (Assistance for Social Participation of Senior Citizens) |
| (1) | In order to increase social participation of senior citizens, the State or local governments shall make efforts to expand the opportunities for senior citizens to engage in community service activities, to formulate policies to develop and disseminate the occupational categories suitable for senior citizens, and to provide the job opportunities first and foremost to senior citizens who have the ability to work. |
| (2) | The State or local governments may, in order to encourage senior citizens to actively engage in community services and to have jobs, provide the necessary assistance to the welfare agencies for senior citizens, such as community service agencies for senior citizens and job placement agencies for senior citizens, etc. |
| Article 23-2 (Establishment and Operation of Dedicated Elderly Employment Agencies) |
| (1) | Agencies dedicated to helping senior citizens land a job commensurate with their abilities and aptitudes (hereinafter referred to as "dedicated elderly employment agencies") in a professional and systematic manner shall be as follows: <Amended on Apr. 7, 2011> |
| 1. | Human resources development agency for senior citizens: An agency that provides support for senior citizens through programs such as the ones designed to create and provide jobs for senior citizens and the ones focused on research, education and public relations, cooperation, program certification, assessment, etc.; |
| 2. | Agency helping senior citizens land a job: An agency directly responsible for creating and providing jobs for senior citizens, fostering entrepreneurship and growth of startups, the production and sale of goods by senior citizens, etc.; |
| 3. | Job placement agency for senior citizens: An agency providing counseling and information to the elderly about getting a job or an agency helping senior citizens find a job. |
| (2) | The State or a local government may establish and operate a dedicated elderly employment agency, or entrust the operation thereof, in whole or in part, to a corporation or an organization, etc. <Newly Inserted on Apr. 7, 2011> |
| (3) | Matters necessary for establishment, operation, or entrustment of a dedicated elderly employment agency shall be prescribed by Presidential Decree. <Amended on Apr. 7, 2011> |
| (4) | Criteria, etc. on facilities and personnel required of agencies helping senior citizens land a job referred to in paragraph (1) 2 shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Jun. 4, 2013> |
[This Article Newly Inserted on Jul. 13, 2005]
| Article 23-3 (Preferential Purchase of Products) |
The State, local governments and other public organizations shall develop measures necessary to preferentially purchase products produced by an agency helping senior citizens land a job referred to in Article 23-2 (1) 2. [This Article Newly Inserted on Jan. 15, 2019]
| Article 24 (Commissioning of Community Service Counselors and their Duties) |
| (1) | Where highly respected, experienced elderly people desire to engage in community services, the State or local governments may commission them as community service counselors. |
| (2) | Duties of community service counselors under paragraph (1) shall be as follows: <Amended on Jan. 28, 2015> |
| 1. | Providing consultation and rendering advice to civil petitioners among the affairs performed by the State or local governments; |
| 2. | Directing traffic, providing assistance in controlling parking or stopping control or controlling environmental impairment and deeds against preservation of nature, and giving guidance to juveniles; |
| 3. | Providing education on cultural heritage, such as the values of loyalty and filial piety and traditional etiquettes; |
| 4. | Protecting and giving guidance on cultural properties; |
| 4-2. | Providing senior citizens with education on traffic safety and prevention of traffic accidents; |
| 5. | Other duties determined by Presidential Decree. |
| Article 25 (Occupation Assistance) |
| (1) | Where the State, local governments, or other public organizations prescribed by Presidential Decree permit or entrust the installation of stores or vending machines for selling necessities of everyday life, such as foodstuffs, office supplies, and newspapers, in public facilities under the jurisdiction thereof, an application filed by persons aged 65 or older shall be given a priority. <Amended on Mar. 13, 2018> |
| (2) | Where the State, local governments, or other public organizations prescribed by Presidential Decree entrust business, such as cleaning, parking management and ticket sales in public facilities under the jurisdiction thereof, an enterprise for which persons aged 65 or older account for at least 20/100 of its total workforce may be preferentially considered. <Newly Inserted on Mar. 13, 2018> |
| (3) | Matters necessary for the types of business to be entrusted, the procedures for entrustment, etc. under paragraph (2) shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 13, 2018> |
[Title Amended on Mar. 13, 2018]
| Article 26 (Preferential Treatment of Senior Citizens) |
| (1) | The State or local governments may provide the persons aged 65 years old or over with a free or discounted admission to public facilities, such as transportation facilities of the State or local governments, ancient palaces, royal tomb gardens, museums, parks, etc., as prescribed by Presidential Decree. |
| (2) | The State or local governments may recommend persons who operate a business related to the daily lives of senior citizens to grant a discount to persons aged 65 years old or over. |
| (3) | The State or local governments may extend proper assistance to the persons who grant a discount to senior citizens under paragraph (2). |
| Article 27 (Medical Examinations) |
| (1) | The State or local governments may conduct medical examinations and provide health education for those aged 65 years old or over, as prescribed by Presidential Decree. In such cases, the most common diseases by gender, etc. shall be taken into consideration in such examinations and education, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 28, 2015> |
| (2) | Where deemed necessary as a result of the medical examination conducted under paragraph (1), the State or local governments shall provide the persons who have undergone the relevant medical examination with necessary guidance. |
| Article 27-2 (Support for Senior Citizens Living Alone) |
| (1) | The State or a local government shall provide senior citizens living alone with services, such as visiting medical treatment and care, and take protective measures, such as safety confirmation. <Amended on Oct. 24, 2017> |
| (2) | The State or a local government may entrust business referred to in paragraph (1) to a senior citizen-related institution or organization and may subsidize expenses incurred in conducting and operating such business within budgetary limits. <Newly Inserted on Oct. 24, 2017> |
| (3) | Details of services and protective measures referred to in paragraph (1) shall be prescribed by the Minister of Health and Welfare. <Amended on Oct. 24, 2017> |
[This Article Newly Inserted on Aug. 3, 2007]
| Article 27-3 (Support Centers for Senior Citizens Living Alone) |
| (1) | The Minister of Health and Welfare may establish and operate a Support Center for Senior Citizens Living Alone in order to conduct the following activities related to care for senior citizens living alone: |
| 1. | Research on policies, and development of programs, for senior citizens living alone; |
| 2. | Surveys of the status of senior citizens living alone and management of such persons; |
| 3. | Education for workers engaging in care services for senior citizens living alone; |
| 4. | Public relations on care services for senior citizens living alone, as well as development and dissemination of educational materials; |
| 5. | Support for, and evaluation of, institutions providing care services for senior citizens living alone; |
| 6. | Establishment of a cooperative system and exchanges among relevant institutions; |
| 7. | Collection, receipt, and distribution of donations to create a culture of giving for senior citizens living alone; |
| 8. | Any other activities entrusted by the Minister of Health and Welfare to promote care for senior citizens living alone. |
| (2) | The Minister of Health and Welfare may entrust the operation of Support Centers for Senior Citizens Living Alone referred to in paragraph (1) to a corporation or organization equipped with professional manpower and facilities. |
| (3) | Any other matters necessary for the establishment, operation, etc. of Support Centers for Senior Citizens Living Alone shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 27-4 (Medical Support for Geriatric Illnesses) |
| (1) | The State or a local government may fully or partially subsidize expenses incurred in relation to preventive education, early detection, medical treatment, etc. of geriatric illnesses, taking account of geriatric patients' financial ability, etc. |
| (2) | The scope of geriatric illnesses, persons eligible for subsidization, standards and method for subsidization referred to in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 28 (Measures including Counseling and Admission) |
| (1) | The Minister of Health and Welfare, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) shall take the following measures when it is deemed necessary for promoting welfare of senior citizens: <Amended on Feb. 8, 1999; Aug. 3, 2007; Feb. 29, 2008; Jan. 18, 2010; Mar. 13, 2018> |
| 1. | Requiring the relevant public officials or counselors for the welfare of senior citizens to provide consultation and guidance for persons aged 65 years or older or persons who protect the senior citizens; |
| 2. | Admitting persons aged 65 years or older, for whom protection at home is impracticable due to physical, mental, economic, or circumstantial reasons, to residential welfare facilities for senior citizens or the commuting-system welfare facilities for senior citizens at home, or entrusting their admission to such facilities; |
| 3. | Admitting persons aged 65 years or older, who need continuous protection due to serious physical or mental defects and for whom protection at home is impracticable on financial grounds, to medical welfare facilities for senior citizens, or entrusting their admission to such facilities. |
| (2) | The Minister of Health and Welfare, Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "welfare services agency") may, where deemed necessary to protect those aged under 65 years due to serious signs of decrepitude, take measures falling under the subparagraphs of paragraph (1). <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (3) | Where a person who has been admitted to a facility under paragraph (1) or (2) dies and where there is no one to hold his or her funeral, a welfare services agency may hold a funeral or have the head of the relevant facility hold the funeral. <Amended on Jan. 15, 2019> |
[Title Amended on Jan. 15, 2019]
| Article 29 Deleted. <Aug. 4, 2011> |
| Article 29-2 Deleted. <Aug. 4, 2011> |
| Article 30 (Medical Treatment Projects for Rehabilitation of Senior Citizens) |
| (1) | The State or local governments may conduct medical treatment projects for rehabilitation of senior citizens who need physical or mental rehabilitation. |
| (2) | Details of the medical treatment projects for rehabilitation of senior citizens under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
CHAPTER IV ESTABLISHMENT AND OPERATION OF WELFARE FACILITY FOR SENIOR CITIZENS
| Article 31 (Types of Welfare Facilities for Senior Citizens) |
The types of welfare facilities for senior citizens shall be as follows: <Amended on Jan. 29, 2004; Jun. 4, 2013; Mar. 14, 2017>
| 1. | Residential welfare facilities for senior citizens; |
| 2. | Medical welfare facilities for senior citizens; |
| 3. | Leisure welfare facilities for senior citizens; |
| 4. | Commuting-system welfare facilities for senior citizens at home; |
| 5. | Elder protection agencies; |
| 6. | Agencies helping senior citizens land a job under Article 23-2 (1) 2; |
| 7. | Shelters for elder abuse victims referred to in Article 39-19. |
| Article 31-2 (Relationship with Reporting under the Social Welfare Services Act) |
Where the establishment of welfare facilities for senior citizens has been reported pursuant to Articles 33 (2), 35 (2), 37 (2), and 39 (2), the establishment of social welfare facilities under Article 34 (2) of the Social Welfare Services Act shall be deemed to have been reported. <Amended on Jun. 7, 2011> [This Article Newly Inserted on Aug. 3, 2007]
| Article 32 (Residential Welfare Institutions for Senior Citizens) |
| (1) | Residential welfare institutions for senior citizens shall be the following institutions: <Amended on Aug. 3, 2007; Jan. 28, 2015> |
| 1. | An institution for senior citizens: An institution intended to provide senior citizens admitted thereto with meals and other conveniences necessary for their daily life; |
| 2. | A communal living home for senior citizens: An institution intended to provide senior citizens with home-like residential environment, meals, and other conveniences necessary for their daily life; |
| 3. | A welfare house for senior citizens: An institution intended to provide conveniences necessary for their daily life, such as convenient residence, guidance of life and advice, and safety management, through a lease of a residential institution to senior citizens. |
| (2) | Matters necessary for the eligibility, procedures, and expenses for the admission to, and lease of a residential welfare institution for senior citizens shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Aug. 3, 2007; Feb. 29, 2008; Jan. 18, 2010; Jan. 28, 2015> |
| (3) | Except as otherwise expressly provided for in this Act, the related provisions of the Housing Act and the Multi-Family Housing Management Act shall apply mutatis mutandis to the establishment, management, and supply of the welfare house for senior citizens. <Newly Inserted on Feb. 8, 1999; May 29, 2003; Aug. 3, 2007; Aug. 11, 2015> |
| Article 33 (Establishment of Residential Welfare Facility for Senior Citizens) |
| (1) | The State or local governments may establish residential welfare facilities for senior citizens. |
| (2) | Where any person, other than the State or local governments, intends to establish residential welfare facilities for senior citizens, he or she shall file a report to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "head of a Si/Gun/Gu"). <Amended on Mar. 31, 2005; Aug. 3, 2007; Mar. 13, 2018> |
| (3) | Upon receipt of a report prescribed in paragraph (2), the head of a Si/Gun/Gu shall review the details thereof and accept such report if it complies with this Act. <Newly Inserted on Mar. 13, 2018> |
| (4) | Matters concerning the criteria for the facility, personnel, and operation of a residential welfare facility for senior citizens, the reporting on the establishment thereof, matters to be observed by a person who establishes and operates the facility, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 8, 1999; Aug. 3, 2007; Feb. 29, 2008; Jan. 18, 2010; Mar. 13, 2018> |
| Article 33-2 (Qualifications for Admission to Welfare Houses for Senior Citizens) |
| (1) | A person qualified for admission to a welfare house for senior citizens shall be a person aged 60 years or older (hereinafter referred to as "person qualified for admission"): Provided, That any of the following persons may be admitted, along with a person qualified for admission: <Amended on Jan. 28, 2015> |
| 1. | The spouse of a person qualified for admission; |
| 2. | Children or grandchildren aged under 19 years of a person qualified for admission who takes responsibility for supporting them. |
| (2) | A person who builds or intends to build a welfare house for senior citizens shall lease such house to a person qualified for admission. <Amended on Jan. 28, 2015> |
| (3) | No person to whom a welfare house for senior citizens has been leased pursuant to paragraph (2) shall sublease the relevant residential institution for senior citizens to a person who is not qualified for admission. <Amended on Jan. 28, 2015> |
| (4) | Deleted. <Jan. 28, 2015> |
| (5) | The head of a Si/Gun/Gu may limit the number of households and a floor area (limited to the area used for the purpose of residence) by household in the welfare house for senior citizens to a level not exceeding a certain figure, taking into account the size of the elderly population, the current status of demand for and supply of residential welfare institutions for senior citizens, and the efficient utilization of the welfare house for senior citizens, etc. in the area. |
| (6) | A person who has built the welfare house for senior citizens pursuant to Article 33 (2) may entrust the operation of all or part of the relevant welfare house for senior citizens to a person prescribed by Presidential Decree with the approval from the head of a Si/Gun/Gu. <Amended on Jan. 15, 2019> |
| (7) | Where a person qualified for admission dies or does not reside in a welfare house for senior citizens, his or her spouse, children, or grandchildren admitted to the welfare house for senior citizens pursuant to paragraph (1) shall leave the house within the period prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That this shall not apply to unavoidable cases prescribed by Ordinance of the Ministry of Health and Welfare, such as overseas stay of a person qualified for admission. <Newly Inserted on Amended on Oct. 24, 2017> |
| (8) | The head of a Si/Gun/Gu may investigate whether the qualifications for admission are satisfied under paragraph (1) and whether any person qualified for admission has died or actually resides in the relevant house under paragraph (7), if necessary. <Newly Inserted on Amended on Oct. 24, 2017> |
| (9) | Where any person is found to be unqualified for admission as a result of an investigation conducted under paragraph (8), the head of the competent Si/Gun/Gu shall take appropriate measures, such as requiring him or her to leave the relevant house. <Newly Inserted on Amended on Oct. 24, 2017> |
[This Article Newly Inserted on Aug. 3, 2007]
| Article 33-3 Deleted. <Jan. 28, 2015> |
| Article 34 (Medical and Welfare Institutions for Senior Citizens) |
| (1) | Medical and welfare institutions for senior citizens shall be any of the following institutions: <Amended on Aug. 3, 2007> |
| 1. | A sanatorium for senior citizens: An institution intending to provide meals, medical treatment, and other convenience necessary for the daily lives of senior citizens admitted thereto who need help because geriatric illnesses, such as dementia and paralysis, etc., have taken a heavy toll on their mental and physical abilities; |
| 2. | A medical treatment and communal living home for senior citizens: An institution intending to provide a home-like residential environment, meals, medical treatment and other convenience necessary for the daily lives of senior citizens who need help because geriatric illnesses such as dementia, paralysis, etc., have taken a heavy toll on their mental and physical abilities; |
| 3. | Deleted; <Jun. 7, 2011> |
| (2) | Matters necessary for eligibility for admission to medical and welfare institutions for senior citizens, costs of and procedures for admission, and matters to be observed by a person who establishes and operates such an institution shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Aug, 3, 2007; Feb. 29, 2008; Jan. 18, 2010> |
| Article 35 (Establishment of Medical and Welfare Institutions for Senior Citizens) |
| (1) | The State or local governments may establish medical and welfare institutions for senior citizens. |
| (2) | Where a person, other than the State or local governments, intends to establish a medical and welfare institution for senior citizens, he or she shall report such plans to the head of a Si/Gun/Gu. <Amended on Mar. 31, 2005; Jun. 7, 2011> |
| (3) | Upon receipt of a report prescribed in paragraph (2), the head of a Si/Gun/Gu shall review the details thereof and accept such report if it complies with this Act. <Newly Inserted on Mar. 13, 2018> |
| (4) | Matters necessary for the criteria for the facilities, personnel, and operation of medical and welfare institutions for senior citizens, the reporting on and permission for the establishment thereof, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 8, 1999; Apr. 11, 2007; Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Mar. 13, 2018> |
| Article 36 (Leisure and Welfare Institutions for Senior Citizens) |
| (1) | Leisure and welfare institutions for senior citizens shall be any of the following institutions: <Amended on Aug. 3, 2007> |
| 1. | A welfare center for senior citizens: An institution intended to provide various information and services to senior citizens related to their hobbies, interests, and social activities, etc., as well as other services necessary for promoting health, preventing diseases, providing guaranteed income, enhancing welfare at home, and promoting welfare for senior citizens; |
| 2. | A center for senior citizens: Facilities aimed at providing venues for senior citizens in the neighborhood to promote friendship, enjoy hobbies, operate a group workshop, exchange various information, and participate in different leisure activities; |
| 3. | Educational courses for senior citizens: Facilities that offer educational programs with respect to sound hobbies, health maintenance, income security, and other programs related to the daily lives of senior citizens, in order to satisfy their desire to take part in social activities. |
| 4. | Deleted; <Jun. 7, 2011> |
| (2) | Matters necessary for target users of leisure and welfare institutions and procedures for the use thereof shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| Article 37 (Establishment of Leisure and Welfare Institution for Senior Citizens) |
| (1) | The State or local governments may establish a leisure and welfare institution for senior citizens. |
| (2) | Where a person, other than the State or local governments, intends to establish leisure and welfare institutions for senior citizens, he or she shall file a report thereon to the head of a Si/Gun/Gu. |
| (3) | Upon receipt of a report prescribed in paragraph (2), the head of a Si/Gun/Gu shall review the details thereof and accept such report if it complies with this Act. <Newly Inserted on Mar. 13, 2018> |
| (4) | The State or a local government shall develop and distribute a standard model and a program that reflects characteristics of each region and function in order to revitalize centers for senior citizens. <Newly Inserted on Jun. 7, 2011; Mar. 13, 2018> |
| (5) | Matters necessary for the criteria for the facilities, personnel, and operation of leisure and welfare institutions for senior citizens, the reporting on the establishment thereof, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 8, 1999; Feb. 29, 2008; Jan. 18, 2010; Mar. 13, 2018> |
| Article 37-2 (Subsidization of Expenses Incurred in Purchasing Grain for Centers for Senior Citizens) |
| (1) | The State or a local government may fully or partially subsidize the expenses incurred in purchasing grain (including government-managed grain prescribed in the Grain Management Act) for centers for senior citizens within budgetary limits. <Amended on Dec. 11, 2018> |
| (2) | The State or a local government may fully or partially subsidize the heating and cooling expenses at centers for senior citizens within budgetary limits. |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 37-3 (Reduction of and Exemption from Public Charges to Centers for Senior Citizens) |
| (2) | Any water service provider (where a water service provider is a local government, it refers to the head of the relevant local government) prescribed in the Water Supply and Waterworks Installation Act may grant centers for senior citizens a reduction of or exemption from water bills. |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 38 (Commuting-System Welfare Facility for Senior Citizens at Home) |
| (1) | "Commuting-system welfare facility for the senior citizens at home" means an institution intended to provide at least one of the following services: |
| 1. | Visiting medical treatment services: Services that ensure healthy and stable lives of senior citizens in the community by providing various convenient services for senior citizens, who spend all day at home, suffering from physical and mental illnesses (hereinafter referred to as "senior citizens at home"); |
| 2. | Day and night protection services: Services to promote stability in life and the maintenance and improvement of physical and mental functions of the physically and mentally-challenged elderly, or those with disabilities, and to lighten the physical and mental burden of their families by providing various convenient services to senior citizens who are unable to be protected by their families due to any unavoidable cause by admitting them to protection facilities for a short period of time; |
| 3. | Short-term protection services: Services to promote the welfare of senior citizens and their families by admitting the physically and mentally-challenged elderly or those with disabilities who need temporary protection because they can’t be protected by their families due to any unavoidable cause by admitting them to protection facilities for a short period of time; |
| 4. | Visiting bath service: Service visiting senior citizens at home with bathing equipment to bathe them; |
| 5. | Other services: Other services prescribed by Ordinance of the Ministry of Health and Welfare as the ones to be provided for senior citizens at home. |
| (2) | Matters necessary for eligible users of commuting-system welfare facility for senior citizens at home, bearing of expenses incurred in connection therewith, and procedures for the use thereof, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 18, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 39 (Establishment of Commuting-System Welfare Facility for Senior Citizens at Home) |
| (1) | The State or local governments may establish commuting-system welfare facilities for senior citizens at home. |
| (2) | Where persons, other than the State or local governments, intend to establish commuting-system welfare facilities for senior citizens at home, they shall file a report thereon to the head of a Si/Gun/Gu. |
| (3) | Upon receipt of a report prescribed in paragraph (2), the head of a Si/Gun/Gu shall review the details thereof and accept such report if it complies with this Act. <Newly Inserted on Mar. 13, 2018> |
| (4) | Matters necessary for the criteria for the facilities, personnel, and operation of commuting-system welfare facilities for senior citizens at home, the reporting on establishment thereof, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 8, 1999; Feb. 29, 2008; Jan. 18, 2010; Mar. 13, 2018> |
| Article 39-2 (Duties of Caregivers and Issuance, of License thereof) |
| (1) | A person who establishes and operates a welfare institution for senior citizens shall employ caregivers who perform duties such as providing support for physical activities or household activities of senior citizens, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | A person who intends to be a caregiver shall finish a curriculum at an institute for caregiver education under Article 39-3 (hereinafter referred to as "institute for caregiver education") and pass a qualifying examination administered by the Mayor/Do Governor. <Amended on Jan. 25, 2010> |
| (3) | The Mayor/Do Governor shall issue a license of caregivers to any person who has passed a qualifying examination for caregivers under paragraph (2): Provided, That no license shall be issued to a person who incurs a disqualification under Article 39-13 as at the date an application for issuance of a license of a caregiver is filed. <Amended on Jan. 25, 2010; Dec. 3, 2019> |
| (4) | The Mayor/Do Governor may charge fees to a person who intends to apply for a qualifying examination for caregivers, as prescribed in paragraph (2), and a person who has his or her license of caregivers issued or reissued, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Jan. 25, 2010> |
| (5) | Matters necessary for curricula, administration of qualifying examinations, and issuance of a license of caregivers shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 25, 2010> |
| (6) | No person who has obtained a license pursuant to paragraph (3) shall lend it to any other person, and no person shall borrow it. <Newly Inserted on Apr. 7, 2020> |
| (7) | No person shall engage in brokering the act prohibited under paragraph (6). <Newly Inserted on Apr. 7, 2020> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 39-3 (Designation of Institute for Caregiver Education) |
| (1) | The Mayor/Do Governor shall designate facilities meeting the designation standards prescribed by Ordinance of the Ministry of Health and Welfare as institutes for caregiver education and operate them to train caregivers. <Amended on Jan. 25, 2010> |
| (2) | Where an institute for caregiver education falls under any of the following, the Mayor/Do Governor may order suspension of business or revoke the designation thereof: Provided, That if it falls under subparagraph 1, the designation thereof shall be revoked: <Newly Inserted on Jan. 25, 2010; Apr. 30, 2019> |
| 1. | Where it is designated by fraud or other improper means; |
| 2. | Where it ceases to meet the designation standards referred to in paragraph (1); |
| 3. | Where it fails to provide curricula for at least one year; |
| 4. | Where it fails to file a report or to submit data under Article 42, or files a false report or submits false data, or it refuses, interferes with, or evades an investigation or inspection without good cause. |
| 5. | Where a person who establishes and operates an institute for caregiver education falsifies documents related to the completion of education. |
| (3) | The Mayor/Do Governor shall hold a hearing when he or she intends to revoke the designation under paragraph (2). <Newly Inserted on Jan. 25, 2010> |
| (4) | Matters necessary for procedures for the designation of an institutes for caregiver education under paragraph (1) and detailed standards and procedures for administrative dispositions under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 25, 2010> |
[This Article Wholly Amended on Aug. 3, 2007]
[Title Amended on Jan. 25, 2010]
| Article 39-4 (Installation of Emergency Telephone) |
| (1) | The State and local governments shall install emergency telephones so as to prevent any elder abuse and to receive reports at any time. |
| (2) | Matters necessary for installing and operating emergency telephones referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 29, 2004]
| Article 39-5 (Establishment of Elder Protection Agency) |
| (1) | The State shall establish and operate Korea Elder Protection Agency in charge of the following affairs to establish interconnection among regions and to prevent elder abuse: <Amended on Dec. 29, 2015> |
| 1. | Policy proposals related to protecting the human rights of senior citizens; |
| 2. | Research on and the development of programs to protect the human rights of senior citizens; |
| 3. | Public relations campaign for the prevention of elder abuse and the production and distribution of educational materials related thereto; |
| 4. | The collection and management of performance results related to specialized elderly protection projects and provision of data to outsiders; |
| 5. | Management of regional elder protection agencies and offering business support thereto; |
| 6. | In-depth education for counselors at regional elder protection agencies; |
| 7. | Establishment of a cooperation system among relevant institutions and exchange among them; |
| 8. | Operation of the Central Review Committee for Elder Abuse Cases to mediate disputes relating to elder abuse; |
| 9. | Other matters prescribed by Presidential Decree for the purpose of protecting senior citizens. |
| (2) | In order to ensure prompt identification and protection of and medical care, etc. for abused elderly and to prevent elder abuse, regional elder protection agencies, which are in charge of the following affairs, shall be established in the Special Metropolitan City, Metropolitan Cities, Dos, and a Special Self-governing Province (hereinafter referred to as "City/Do"): <Amended on Dec. 29, 2015> |
| 1. | The operation of a hotline to report elder abuse and receipt of reports on suspected cases of elder abuse; |
| 2. | On-site investigations into suspected cases of elder abuse; |
| 3. | Counseling for elder abuse victims and abusers; |
| 4. | Counseling for persons who belong to the families of victims of alleged elder abuse and relevant institutions; |
| 5. | Keeping and maintaining records following the provision of counseling and other services; |
| 6. | Education for prevention of elder abuse intended for the general public; |
| 7. | Education for prevention of recurrence intended for the perpetrators of elder abuse; |
| 8. | Operating a regional review committee for elder abuse cases and holding internal case meetings to make decisions on elder abuse cases; |
| 9. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare for the protection of elder persons. |
| (3) | The Minister of Health and Welfare and the Mayor/Do Governor may designate a nonprofit corporation designed to conduct activities to prevent elder abuse and may entrust such nonprofit corporation with the operations of Korea Elder Protection Agency under paragraph (1) and a regional elder protection agency under paragraph (2). |
| (4) | Matters necessary for setting out criteria for the establishment and operation of Korea Elder Protection Agency under paragraph (1) and matters necessary for setting out criteria for the establishment and operation of a regional elder protection agency under paragraph (2), qualifications required for counselors and criteria for assignment thereof and designation of an entrusted institution under paragraph (3), etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jun. 7, 2011]
| Article 39-6 (Obligations and Procedures for Reporting Elder Abuse) |
| (1) | Where anyone has come to know of any instance of elder abuse, he or she may file a report thereon with an elder protection agency or an investigation agency. <Amended on Apr. 11, 2007> |
| (2) | Where any of the following persons has learned of a suspected case of elder abuse against any person aged 65 years or older in the course of performing his or her duties, he or she shall immediately file a report thereon with an elder protection agency or an investigative agency: <Amended on Apr. 11, 2007; Jun. 7, 2011; Dec. 29, 2015; Dec. 2, 2016; Oct. 24, 2017; Mar. 13, 2018; Dec. 11, 2018> |
| 2. | A person who engages in services, such as visiting medical treatment, care or safety confirmation, referred to in Article 27-2, the head and employees of a welfare facility for senior citizens referred to in Article 31, and a welfare counselor for senior citizens referred to in Article 7; |
| 4. | The head of a domestic violence counseling center under Article 5 of the Act on the Prevention of Domestic Violence and Protection of Victims and the head and employees of a shelter for victims of domestic violence under Article 7 of the said Act; |
| 12. | A medical technologist referred to in subparagraph 1 of Article 1-2 of the Medical Service Technologists Act; |
| 15. | A public official in charge of establishing and managing welfare facilities for senior citizens prescribed in Article 31. |
| (3) | Identity of the reporter shall be protected and shall not be disclosed against his or her will. |
| (4) | The head of a relevant central administrative agency shall include the educational content related to the prevention of elder abuse and obligations to report elder abuse in the qualification course or refresher training course for persons falling under any subparagraph of paragraph (2) and shall submit the outcomes thereof to the Minister of Health and Welfare. <Newly Inserted on Oct. 22, 2012; Mar. 13, 2018> |
| (5) | The head of any of the following institutions to which a person with obligation to report elder abuse prescribed in paragraph (2) belongs shall provide education on prevention of elder abuse and obligation to report elder abuse for such person with obligation to report elder abuse under his or her jurisdiction and shall submit the outcomes thereof to the Minister of Health and Welfare: <Newly Inserted on Mar. 13, 2018> |
| 1. | Welfare facilities for senior citizens prescribed in Article 31; |
| (6) | Matters necessary for the content, time and method, etc. of training under paragraphs (4) and (5) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Oct. 22, 2012; Mar. 13, 2018> |
[This Article Newly Inserted on Jan. 29, 2004]
[Title Amended on Oct. 22, 2012]
| Article 39-7 (Obligation to Take Emergency Measures) |
| (1) | Any staff member of an elder protection agency or judicial police officer who has received a report on elder abuse under Article 39-6 shall promptly go to the scene of elder abuse. In such cases, the head of an elder protection agency or the head of an investigation agency may request that the relevant staff member or a police officer under his or her control accompany the other party to the scene of the elder abuse, and upon receipt of such request, he or she shall instruct the relevant staff member or a police officer under his or her control to do so. <Amended on Jan. 28, 2015> |
| (2) | Where any staff member of an elder protection agency or judicial police officer goes to the scene of the elder abuse pursuant to paragraph (1), he or she may enter the place of such abuse and conduct an investigation into the related persons, or an interrogation thereof, in order to protect the victim. In such cases, the staff member of the elder protection agency may conduct an investigation or interrogation, only for protecting the victim of the relevant elder abuse. <Newly Inserted on Jan. 28, 2015> |
| (3) | Where any staff member of an elder protection agency or judicial police officer enters the place of the elder abuse and conducts an investigation or interrogation pursuant to paragraph (2), he or she shall carry an identification indicating his or her authority and present it to the relevant persons. <Newly Inserted on Jan. 28, 2015> |
| (4) | Where any staff member of an elder protection agency or judicial police officer conducts an investigation or interrogation pursuant to paragraph (2), he or she shall take necessary measures, such as conducting an investigation at a place in the absence of the relevant elder abuser, so that the victim, reporter, observer, and other relevant persons can state his or her opinions freely. <Newly Inserted on Jan. 28, 2015> |
| (5) | A person who has arrived at the scene of abuse pursuant to paragraph (1), shall separate the elder abuse victim from the abuser or shall guide senior citizens to an elder protection agency or a medical institution where medical treatment is deemed necessary. <Amended on Jan. 28, 2015> |
| (6) | No person shall refuse, or interfere with, an on-site investigation conducted by a person who has arrived at the scene of elder abuse, without good cause. <Newly Inserted on Jun. 7, 2011; Jan. 28, 2015> |
| (7) | Where the head of an elder protection agency established under Article 39-5 requests, in performing his or her duties concerning the protection, treatment, etc. of any elder abuse victim, the State or a local government to cooperate in taking necessary measures, such as inquiring into the identification of the victim, his or her guardian, or his or her abuser, the State or the local government so requested shall actively cooperate therein, except in extenuating circumstances. <Newly Inserted on Dec. 29, 2015> |
| (8) | Matters concerning the procedures for requesting inquiries into identification, the scope thereof, etc. referred to in paragraph (7) shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 29, 2015> |
[This Article Newly Inserted on Jan. 29, 2004]
| Article 39-8 (Appointment of Assistant) |
| (1) | A legal representative, lineal relative, or sibling of the abused senior citizens, or a counselor or lawyer of an elder protection agency, may become an assistant in a trial of the elder abuse case: Provided, That if such a person is not a lawyer, he or she shall obtain permission from the court. |
| (2) | Where a court interrogates an abused senior citizen as a witness, if there exists a request from the principal, public prosecutor, or an elder protection agency, it may permit a person in a confidential relationship with the principal to sit in company with him or her. |
| (3) | Procedures referred to in paragraphs (1) and (2) shall also apply mutatis mutandis where a criminal investigation agency conducts an investigation of abused senior citizens. |
[This Article Newly Inserted on Jan. 29, 2004]
| Article 39-9 (Prohibited Acts) |
No one shall commit any of the following acts against any person aged 65 years or older (hereafter referred to as "senior citizen" in this Article): <Amended on Dec. 2, 2016>
| 1. | Acts of inflicting violence or injury on senior citizens; |
| 2. | Acts including sexual violence or harassment, etc. that give a sense of sexual shame to senior citizens; |
| 3. | Acts of desertion of senior citizens under his or her own protection or supervision, or of noninterference neglecting basic needs, including food, clothing and shelter and medical treatment; |
| 4. | Acts of making senior citizens ask for alms, or asking for alms by taking advantage of senior citizens; |
| 5. | Acts of using the money and valuables donated or provided to senior citizens for a purpose other than their original purpose; |
| 6. | Acts of emotional abuse through abusive language, intimidation, threats, etc., which is harmful to the mental health of senior citizens. |
[This Article Newly Inserted on Jan. 29, 2004]
| Article 39-10 (Obligations to Report Missing Senior Citizens and the like) |
| (1) | No one shall keep in custody a missing senior citizen (hereinafter referred to as "missing senior citizen"), who lost touch with a guardian due to an accident, etc., without filing a report thereon to the head of a police station or the head of a local government without good cause. <Amended on Jun. 4, 2013> |
| (2) | The head of a welfare institution for senior citizens under Article 31 (including an institution protecting senior citizens without authorization and report, etc. as a welfare institution or an institution equivalent thereto under subparagraph 4 of Article 2 of the Social Welfare Services Act; hereinafter referred to as a "protection institution") or its employee shall, when he or she has confirmed the identity of a missing senior citizen in the course of performing his or her duties, immediately fill out an identification card form prescribed by Ordinance of the Ministry for Health and Welfare and submit it to the head of a local government and the head of an agency performing the affairs prescribed in paragraph (3) 2. <Amended on Aug. 4, 2011> |
| (3) | The Minister of Health and Welfare shall perform the affairs prescribed in the following for the prevention of such incidents, for the early identification and return of a missing senior citizen. In such cases, the Minister of Health and Welfare may entrust the whole or part of his or her affairs to a juristic person or an organization related to the welfare of senior citizens: |
| 1. | Investigation and research related to missing senior citizens; |
| 2. | Establishment and operation of database on missing senior citizens; |
| 3. | Other matters necessary for protecting and supporting missing senior citizens. |
| (4) | The Commissioner of the National Police Agency shall take the following steps for the early location and return of missing senior citizens: <Newly Inserted on Jun. 7, 2011; Jun. 4, 2013> |
| 1. | The establishment and operation of a system for reporting missing senior citizens; |
| 2. | Other matters necessary for locating missing senior citizens and helping them return; |
| 3. | Deleted; <Jun. 4, 2013> |
| (5) | Deleted. <Jun. 4, 2013> |
[This Article Newly Inserted on Aug. 3, 2007]
[Previous Article 39-6 moved to Article 39-5 <Aug. 3, 2007>]
| Article 39-11 (Investigations) |
| (1) | Where deemed necessary, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu may require the related public officials or counselors for welfare of senior citizens to enter the welfare facility for senior citizens and the place of domicile and residence of senior citizens, the employment place of senior citizens, or the place where a violation of the prohibited acts referred to in Article 39-9 might occur, and to conduct a required investigation into senior citizens or relevant persons, or an interrogation thereof. |
| (2) | When necessary for finding a missing senior citizen, the Commissioner of the National Policy Agency, the Mayor/Do Governor, or the head of a Si/Gun/Gu may order the head of a protection institution or its employee to file a necessary report or submit necessary data, or have a public official under his or her control enter a protection institution to conduct necessary investigation or inquiry into the relevant person or senior citizens. <Newly Inserted on Aug. 3, 2007> |
| (3) | In cases falling under paragraphs (1) and (2), the related public officials or the counselors for welfare of senior citizens shall carry an identification indicating their authority as well as a document stating matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the period and scope of investigation, the person in charge of investigation and relevant statutes, and shall present them to senior citizens or the relevant persons. <Amended on Aug. 3, 2007; Dec. 29, 2015> |
| (4) | Except as provided in this Act, matters concerning the procedures and method for conducting investigations or inquiries under paragraph (1) or (2), shall be governed by the Framework Act on Administrative Investigations. <Amended on Dec. 29, 2015> |
[This Article Newly Inserted on Jan. 29, 2004]
[Moved from Article 39-10; previous Article 39-11 moved to Article 39-12 <Aug. 3, 2007>]
| Article 39-12 (Prohibition of Divulgence of Secrets) |
No person who is or was engaged in the duties relating to the protection of abused senior citizens under this Act shall divulge secrets that have come to his or her knowledge in the course of performing his or her duties.
[This Article Newly Inserted on Jan. 29, 2004]
[Moved from Article 39-11 <Aug. 3, 2007>]
| Article 39-13 (Disqualifications for Caregivers) |
Any of the following persons shall be disqualified as a caregiver: <Amended on Jan. 28, 2015; Mar. 13, 2018; Dec. 11, 2018>
| 2. | An addict to narcotics, marijuana, or psychotropic drugs; |
| 3. | A person under adult guardianship; |
| 4. | A person for whom a sentence of imprisonment without labor or greater punishment declared by a court has not been completely executed or the non-execution of such sentence has not become final; |
| 5. | A person whose qualification is suspended or forfeited by a court ruling; |
| 6. | A person in whose case one year has not elapsed from the date on which his or her qualification as a caregiver was revoked pursuant to Article 39-14 (excluding cases where the qualification was revoked for the reason prescribed in subparagraph 3 of this Article). |
[This Article Newly Inserted on Jan. 25, 2010]
| Article 39-14 (Revocation of Qualifications for Caregivers) |
| (1) | Where a caregiver falls under any of the following subparagraphs, the Mayor/Do Governor may revoke his or her qualification: Provided, That if he or she falls under cases referred to in subparagraphs 1 through 3, his or her qualification shall be revoked: |
| 1. | Where he or she falls under any subparagraph of Article 39-13; |
| 3. | Where he or she has obtained a license by fraud or other improper means; |
| 4. | Where he or she arranges unnecessary medical treatment services for senior citizens, etc. or entices them, etc. to get such services or encourages such arrangement or enticement for profit-making purposes; |
| 5. | Where he or she lends or transfers his or her license certificate to other persons or forges or falsifies it. |
| (2) | The Mayor/Do Governor shall hold a hearing when he or she intends to revoke the qualification of a caregiver pursuant to paragraph (1). |
| (3) | Matters necessary for procedures, etc. for the revocation of qualifications under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Jan. 25, 2010]
| Article 39-15 (Notification of Elder Abuse) |
| (1) | Where a judicial police officer finds any reason to suspect that elder abuse has occurred, in the course of performing his or her duties concerning cases of the death of, or injury to any senior citizen, domestic violence, etc., he or she shall notify an elder protection agency of such fact. |
| (2) | Upon receipt of a notification under paragraph (1), the elder protection agency shall take necessary measures, such as protecting the relevant elder abuse victim. |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 39-16 (Recommendation for Counseling, Education for Perpetrators of Elder Abuse) |
| (1) | The head of an elder protection agency may recommend that perpetrators of elder abuse receive necessary assistance, such as counseling, education, and psychological treatment. <Amended on Mar. 14, 2017> |
| (2) | Where the head of an elder protection agency recommends that a perpetrator of elder abuse receives counseling, education, psychological treatment, etc. pursuant to paragraph (1), the perpetrator shall cooperate in faithfully receiving counseling, education, psychological treatment, etc. <Newly Inserted on Mar. 14, 2017> |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 39-17 (Restrictions on Employment at Senior Citizen-Related Institutions) |
| (1) | Where a court sentences a person to a penalty or medical treatment and custody for committing a crime related to elder abuse, it shall issue an order (referring to notice in cases of a summary order) to prohibit such person from operating any of the following facilities or institutions (hereinafter referred to as "senior citizen-related institutions") or from finding a job at or providing actual labor to senior citizen-related institutions (hereinafter referred to as “order of employment restriction”) for a specified period (hereinafter referred to as “period of restricted employment”) from the date the execution of such penalty or medical treatment and custody is wholly or partially terminated, suspended, or exempted (where a person is sentenced to punishment of a fine, referring to the date such sentence is made final and conclusive) by ruling (including a summary order; hereinafter the same shall apply), concurrently as it renders a judgement on the relevant crime: Provided, That the foregoing shall not apply where the person is highly unlikely to recommit a crime, or where it is deemed there are extenuating circumstances to lift the restriction of employment: <Amended on May 29, 2016; Dec. 11, 2018> |
| 1. | A welfare facility for senior citizens referred to in Article 31; |
| 3. | An emergency hotline referred to in Article 4-6 of the Act on the Prevention of Domestic Violence and Protection of Victims, a counseling center related to domestic violence referred to in Article 5 of the same Act, or a shelter for victims of domestic violence referred to in Article 7-2 of the same Act; |
| (2) | The period of restricted employment referred to in paragraph (1) shall not exceed 10 years. <Newly Inserted on Dec. 11, 2018> |
| (3) | Where the court intends to issue an order of employment restriction under paragraph (1), it may seek opinions on the recidivism risk, etc. of the person subject to the order of employment restriction from neuropsychiatrists, psychologists, scholars of social welfare science, experts related to elder abuse, and other relevant experts. <Newly Inserted on Dec. 11, 2018> |
| (4) | The head of an administrative agency having jurisdiction over the report on, authorization, permission, etc. for establishment of any senior citizen-related institution specified in any subparagraph of paragraph (1) (hereafter referred to as "head of the competent administrative agency" in this Article) shall request the heads of the relevant agencies to inquire into the elder abuse-related criminal history of a person who intends to operate any senior citizen-related institution, after obtaining consent from the relevant person: Provided, That where a person who intends to operate a senior citizen-related institution directly submits a written reply to a request for inquiry of elder abuse-related criminal history to the head of the competent administrative agency, it shall be deemed that the inquiry of elder abuse-related criminal history has been conducted. <Amended on Dec. 11, 2018> |
| (5) | The head of a senior citizen-related institution shall verify whether a person currently working for, or providing actual labor to, the institution or a person intending to be employed by, or to provide actual labor to, the institution (hereinafter referred to as “employee, etc.”) has any criminal history related to elder abuse; in such cases, he or she shall request that the heads of the relevant agencies inquire into such criminal history, after obtaining consent from the relevant person: Provided, That where employees, etc. directly submit a written reply to a request for inquiry of elder abuse-related criminal history to the heads of senior citizen-related institutions, it shall be deemed that the inquiry of elder abuse-related criminal history has been conducted. <Amended on Dec. 11, 2018> |
| (6) | The head of the competent administrative agency shall check and verify, directly or by inquiries from the relevant agencies, etc., whether any person subject to an order of employment restriction operates any senior citizen-related institution or works for or provides actual labor to such institution at least once per year, and submit the outcomes thereof to the head of the competent administrative agency. <Amended on Dec. 11, 2018> |
| (7) | Where it is necessary for the check and verification prescribed in paragraph (6), the head of the competent administrative agency may request submission of related data from the head of the relevant senior citizen-related institution. <Newly Inserted on Dec. 11, 2018> |
| (8) | Where the head of a senior citizen-related institution finds out that any person subject to an order of employment restriction is working for or providing actual labor to the senior citizen-related institution, he or she shall dismiss such person immediately. <Newly Inserted on Dec. 11, 2018> |
| (9) | Where any person is operating a senior citizen-related institution in violation of an order of employment restriction, the head of the competent administrative agency shall require such head of the senior citizen-related institution to close the institution; and where any person is working for or providing actual labor to a senior citizen-related institution in violation of an order of employment restriction, the head of the competent administrative agency shall require the head of the senior citizen-related institution to dismiss such person. <Amended on Dec. 11, 2018> |
| (10) | Where the head of a senior citizen-related institution refuses to comply with a request for closure referred to in paragraph (9) without good cause or fails to do as requested within three months, the head of the competent administrative agency may close the senior citizen-related institution, revoke the permission, authorization, etc. for the institution, or require the head of the relevant administrative agency to do so, as prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
| (11) | Upon receipt of a request for inquiries into elder abuse-related criminal history under paragraphs (4) through (6), the heads of the relevant agencies shall issue a written reply to a request for inquiry of elder abuse-related criminal history. <Amended on Dec. 11, 2018> |
| (12) | Matters necessary for the procedures for and scope of a request for inquiry of elder abuse-related criminal history, the methods for submitting the outcomes of check and verification, etc. prescribed in paragraphs (4) through (6) shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 39-18 (Publication of Violations) |
| (1) | With regard to any facility operated by a corporation, etc. punished under Article 60 for committing any prohibited act specified in Article 39-9, the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu may publicize the relevant violations, details of punishment, name of the corporation or facility, name of the representative, name of the head of the facility (limited to where the head of the facility is not the representative), and any other matters prescribed by Presidential Decree which are necessary to distinguish the relevant facility from other facilities. In such cases, he or she shall take account of the motive, severity, number, results, etc. of the violations, when determining whether to publicize the violations. |
| (2) | Where the head and an employee of a welfare facility for senior citizens, who were subjected to the disposition under Article 39-14 or punished under Article 55-2, 55-3 (1) 2, or subparagraph 1 of Article 55-4, harm a senior citizen's life or cause serious harm to a senior citizen's body or mental health by committing any prohibited act specified in Article 39-9, the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu may publicize a history of violations they have committed, a list of their names, and any other matters prescribed by Presidential Decree. In such cases, he or she shall take account of the motive, severity, number, results, etc. of the violations, when determining whether to publicize the violations. <Amended on Dec. 2, 2016> |
| (3) | Before publicizing any violation under paragraph (1) or (2), the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu shall notify the person subject to publication of such fact to give him or her an opportunity to submit explanatory materials or to attend and state his or her opinion. |
| (4) | The procedures and method for publicizing violations under paragraph (1) or (2) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 39-19 (Establishment of Shelters for Elder Abuse Victims) |
| (1) | The State and a local government may establish and operate a shelter for elder abuse victims (hereinafter referred to as "shelter") in order to protect senior citizens harmed by elder abuse (hereinafter referred to as "elder abuse victims" in this Article) for a specified period and provide them with mental and physical healing programs. |
| (2) | A shelter shall perform the following duties: |
| 1. | Assisting elder abuse victims to live in the shelter, such as protecting and providing them with meals and lodging; |
| 2. | Offering healing programs, such as professional psychological counseling to help elder abuse victims recover psychological stability; |
| 3. | Providing elder abuse victims with basic medical expenses incurred in treating physical and mental harm caused by abuse; |
| 4. | Providing professional counseling services to perpetrators, etc. of elder abuse in order to prevent the reoccurrence of abuse and restore the original family; |
| 5. | Any other matters prescribed by Ordinance of the Ministry of Health and Welfare for elder abuse victims who are admitted to or use the shelter. |
| (3) | The State and a local government may entrust the operation of a shelter to an elder protection agency established under Article 39-5 (1) or (2). In such cases, the State and the local government may subsidize expenses incurred in such entrustment. |
| (4) | Matters concerning entrusting the operation of shelters and subsidizing expenses incurred in such entrustment under paragraph (3) shall be prescribed by Presidential Decree. |
| (5) | Matters concerning the establishment standards for, and operation and personnel of, shelters as well as matters concerning persons eligible to be admitted to or use a shelter, the period, procedures, etc. for admission thereto, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Mar. 14, 2017]
| Article 39-20 (Post Management of Elder Abuse) |
| (1) | The head of an elder protection agency shall verify whether elder abuse has reoccurred through home visit, facility visit, telephone counseling, etc. even after a case of elder abuse is completed. |
| (2) | The head of an elder protection agency shall provide assistance, such as counseling, education, and medical and psychological treatment, to the family of an elder abuse victim, including the elder abuse victim himself or herself and his or her guardian, if it is deemed necessary to prevent the recurrence of elder abuse after a case of elder abuse is completed. |
| (3) | In order to provide assistance prescribed in paragraph (2), the head of an elder protection agency may request cooperation of related institutions, corporations, organizations, and facilities. |
| (4) | The guardian and family members of the elder abuse victim shall faithfully participate in the assistance provided by an elder protection agency pursuant to paragraph (2). |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 40 (Modification and Closure) |
| (1) | Where a person who has established a residential welfare facility for senior citizens under Article 33 (2) or a medical welfare facility for senior citizens under Article 35 (2) intends to modify matters prescribed by Ordinance of the Ministry of Health and Welfare from among reported details with respect to the establishment or to close down or suspend such facility, he or she shall file a report thereon in advance to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 8, 1999; Mar. 31, 2005; Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011> |
| (2) | Deleted. <Jun. 7, 2011> |
| (3) | Where a person who has established a leisure and welfare institution for senior citizens under Article 37 (2) or a commuting-system welfare facility for senior citizens at home under Article 39 (2) intends to modify matters prescribed by Ordinance of the Ministry of Health and Welfare or to close down or suspend such facility, he or she shall file a report thereon in advance to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 8, 1999; Feb. 29, 2008; Jan. 18, 2010> |
| (4) | Upon receipt of a report on modification prescribed in paragraph (1) or (3), the head of a Si/Gun/Gu shall review the details thereof and accept such report if it complies with this Act. <Newly Inserted on Mar. 13, 2018> |
| (5) | Where the head of a residential welfare facility for senior citizens, the head of a medical welfare facility for senior citizens, the head of a leisure and welfare institution for senior citizens, or the head of a commuting-system welfare facility for senior citizens at home closes or suspends the relevant facility, he or she shall take measures to protect the rights and interests of users of the facility, such as formulating and implementing an action plan to enable them to use other facilities, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Dec. 29, 2015> |
| (6) | Upon receipt of a report on closure or suspension of a welfare facility for senior citizens under paragraph (1) or (3), the head of a Si/Gun/Gu shall take measures prescribed by Ordinance of the Ministry of Health and Welfare, such as verifying whether the head of the facility has taken measures to protect the rights and interests of users of the facility under paragraph (5) and shall accept the report if the details thereof comply with this Act. <Newly Inserted on Dec. 29, 2015; Mar. 13, 2018> |
[Title Amended on Feb. 8, 1999]
| Article 41 (Obligations to Accept Entrustment) |
Where welfare services agencies entrust the admission of senior citizens into a facility or a funeral of senior citizens to a person who establishes and operates an institution for senior citizens, a communal living home for senior citizens, and a welfare house for senior citizens under Article 32 (1) or a sanatorium for senior citizens and a medical treatment and communal living home for senior citizens under Article 34 (1) or a commuting-system welfare facility for senior citizens at home under Article 38 (1), pursuant to Article 28 (1) 2 and 3, or paragraph (2) or (3) of said Article, he or she shall not refuse such entrustment without good cause. <Amended on Aug. 3, 2007>
| (1) | Welfare services agencies may require a person who establishes and operates a welfare facility for senior citizens referred to in Article 31 or an institute for caregiver education referred to in Article 39-3 (1) to file a necessary report on such facilities or the services concerned, or may require a related public official to investigate the operating status thereof or to inspect books and other relevant documents. <Amended on Jan. 15, 2019> |
| (2) | A person who establishes and operates welfare facilities for senior citizens under Article 31 shall submit the data on the annual status of inmates or users thereof to welfare services agencies, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Feb. 8, 1999; Feb. 29, 2008; Jan. 18, 2010> |
| (3) | A person who conducts an investigation or inspection under paragraph (1) shall carry an identification indicating his or her authority and present it to the related persons. |
[Title Amended on Jan. 15, 2019]
| Article 43 (Suspension of Business) |
| (1) | Where a residential welfare facility for senior citizens, a medical welfare facility for senior citizens, or an agency helping senior citizens land a job under Article 23-2 (1) 2 falls under any of the following, a Mayor/Do Governor or the head of a Si/Gun/Gu may order the suspension or closure of business for a maximum period of one month: <Amended on Feb. 8, 1999; Mar. 31, 2005; Aug. 3, 2007; Jan. 25, 2010; Jun. 4, 2013; Aug. 13, 2013; Mar. 13, 2018; Apr. 30, 2019> |
| 1. | Where it falls short of criteria for facilities, etc. under Articles 23-2 (4), 33 (4), or 35 (4); |
| 2. | Where it refuses to accept entrustment in violation of Article 41; |
| 3. | Where it fails to file a report or to submit data under Article 42, files a false report or submits false data, or refuses, obstructs, or evades an investigation or inspection, without good cause; |
| 5. | Where a person who establishes or operates the facility or agency or a worker thereof abuses a resident or user of such facility or agency. |
| (2) | Where a leisure welfare facility for senior citizens or a commuting-system welfare facility for senior citizens at home falls under any of the following, the head of a Si/Gun/Gu may order the suspension or closure of business for a maximum period of one month: <Amended on Feb. 8, 1999; Aug. 3, 2007; Aug. 13, 2013; Mar. 13, 2018; Apr. 30, 2019> |
| 1. | Where it fails to satisfy the criteria for facilities, etc. prescribed in Article 37 (4) or 39 (4); |
| 2. | Where it refuses to accept entrustment in violation of Article 41 (limited to a commuting-system welfare facility for senior citizens at home); |
| 3. | Where it fails to file a report or to submit data under Article 42, files a false report or submits false data, or refuses, obstructs, or evades an investigation or inspection, without good cause; |
| 5. | Where a person who establishes or operates the facility or a worker thereof abuses a resident or user of such facility. |
| (3) | Where a residential welfare facility for senior citizens or a medical welfare facility for senior citizens suspends or closes its business pursuant to paragraph (1), or where a leisure and welfare institution for senior citizens or a commuting-system welfare facility for senior citizens at home suspends or closes its business pursuant to paragraph (2), the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu shall take necessary measures to protect the rights and interests of users of the relevant facility, such as transferring users of the facility to any other facility. <Newly Inserted on Dec. 29, 2015> |
| (4) | The detailed criteria for administrative disposition provided for in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare, in consideration of the gravity of violations, etc. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 13, 2018> |
Where the head of a Si/Gun/Gu intends to order discontinuance of services prescribed in Article 43, he or she shall hold a hearing. <Amended on Mar. 31, 2005>
| Article 45 (Allocation of Expenses) |
| (1) | Deleted. <Apr. 25, 2007> |
| (2) | Any of the following expenses shall be borne by the State or local governments, as prescribed by Presidential Decree: <Amended on Jul. 13, 2005; Apr. 7, 2011> |
| 1. | Expenses incurred in establishing, operating, or entrusting a dedicated elderly employment agency in accordance with Article 23-2 (2); |
| 2. | Expenses incurred in conducting medical examinations, etc. under Articles 27 and 28 and in making dispositions, such as consultation and admission; |
| 3. | Expenses incurred in establishing and operating welfare facilities for senior citizens under Articles 33 (1), 35 (1), 37 (1), and 39 (1). |
| Article 46 (Collecting and Requesting Expenses) |
| (1) | A welfare services agency that has defrayed expenses for welfare measures prescribed in Articles 27 and 28 may collect or request all or part of the expenses defrayed from the relevant senior citizen or the person who is under duty to support him or her, as prescribed by Presidential Decree. <Amended on Jan. 15, 2019> |
| (2) | Where a person who is not responsible for providing support offers the level of protection that corresponds to welfare measures prescribed in Article 28, he or she shall immediately inform the person who is under duty to support or the welfare services agency of such fact. |
| (3) | A person who has offered protection under paragraph (2) may request all or part of the expenses for the protection from a person who is under duty to support. |
| (4) | Matters necessary for the request, etc. for expenses defrayed under paragraph (1) or (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (5) | If a person who has established an institution for senior citizens, a communal living home for senior citizens, and a welfare house for senior citizens under Article 32 (1), or a sanatorium for senior citizens and a medical treatment and communal living home for senior citizens under Article 34 (1), intends to collect expenses from persons, other than recipients of livelihood benefits referred to in Article 7 (1) 1 of the National Basic Living Security Act or recipients of medical benefits referred to in Article 7 (1) 3 of the same Act, who are admitted to or who access such facilities, he or she shall report thereon to the head of a Si/Gun/Gu: Provided, That where he or she collects expenses within the collection limit prescribed by Ordinance of the Ministry of Health and Welfare, this shall not apply. <Amended on Feb. 8, 1999; Mar. 31, 2005; Aug. 3, 2007; Feb. 29, 2008; Jan. 18, 2010; Dec. 29, 2015> |
| (6) | Deleted. <Feb. 8, 1999> |
| (7) | If a person who has established a leisure and welfare institution for senior citizens under Article 36 (1) or a commuting-system welfare facility for senior citizens at home under Article 38 (1) or who provides conveniences thereof intends to collect expenses incurred therein from the person who uses such facilities, he or she shall report, in advance, to the head of a Si/Gun/Gu. |
[Title Amended on Jan. 15, 2019]
| Article 47 (Subsidization of Expenses) |
The State or local governments may subsidize expenses incurred in establishing and operating welfare facilities for senior citizens as prescribed by Presidential Decree.
| Article 48 (Disposition of Articles Left) |
The head of a welfare services agency or welfare facility for senior citizens may, when holding a funeral prescribed in Article 28 (3), use the money or securities left behind by the departed to cover funeral expenses, and where there is not enough money to cover such expenses, may dispose of articles left behind to help pay for the funeral.
| Article 49 (Tax Reduction or Exemption) |
With regard to the buildings and lands, etc. used for senior citizens by welfare facilities under Article 31, the reduction of and exemption from taxes and other public charges may be granted pursuant to the provisions of the relevant statutes, such as the Act on Regulation of Tax Reduction and Exemption. <Amended on Apr. 25, 2007>
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 50 (Filing Objections) |
| (1) | If a senior citizen or a person who is under duty to support has an objection to any welfare measure taken under this Act, he or she may file an objection with the relevant welfare services agency. <Amended on Oct. 24, 2017> |
| (2) | The objection referred to in paragraph (1) shall be filed in writing within 90 days from the date the relevant person recognizes the welfare measure in question: Provided, That where the person proves that he or she was unable to file an objection within the period on justifiable grounds, he or she may file an objection within 60 days from the date the grounds cease to exist. <Newly Inserted on Oct. 24, 2017> |
| (3) | Upon receipt of an objection under paragraph (1), the welfare services agency shall conduct a review and make a decision regarding the matter and notify the requesting person of the results within 30 days after receipt of such objection. <Amended on Oct. 24, 2017> |
| (4) | Any person, who is dissatisfied with the review and decision under paragraph (3), may raise an administrative appeal within 90 days after he or she receives such notification. <Amended on Feb. 8, 1999; Oct. 24, 2017> |
| (5) | Where no agreement is reached between a person who offered protection and a person who is under duty to support with respect to protection expenses to be borne by the person who is under duty to support under Article 46 (3), where the head of a Si/Gun/Gu receives a request for coordination from the interested parties, he or she may coordinate this case. <Amended on Jan. 29, 2004; Oct. 24, 2017> |
| (6) | Where the head of a Si/Gun/Gu deems it necessary for the coordination under paragraph (5), he or she may request the person who is under duty to support to submit the data on income, property, etc. <Amended on Oct. 24, 2017> |
[Title Amended on Oct. 24, 2017]
| Article 51 (Honorary Adviser for Welfare for Senior Citizens) |
| (1) | The welfare services agencies may commission honorary advisers for welfare for senior citizens to protect senior citizens admitted to an institution for senior citizens, a communal living home for senior citizens, a welfare house for senior citizens, a sanatorium for senior citizens, and a medical treatment and communal living home for senior citizens. <Amended on Aug. 3, 2007> |
| (2) | The method of commissioning, the scope of activities of the honorary advisers for welfare for senior citizens and other necessary matters shall be determined by Presidential Decree. |
| Article 52 Deleted. <Feb. 8, 1999> |
| Article 53 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Health and Welfare or Mayor/Do Governor may delegate part of his or her authority granted under this Act to the Mayor/Do Governor or the head of a Si/Gun/Gu, respectively, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | The Minister of Health and Welfare, Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust part of his or her authority granted under this Act to a juristic person or corporation, respectively, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| Article 54 (Lending of State or Public Properties) |
Where deemed necessary to foster research facilities or projects related to the health and welfare of senior citizens, the State or local governments may have the State or public properties gratuitously lent or used to make profits free of charge, notwithstanding the provisions of the State Property Act or the Local Finance Act.
| Article 55 (Special Cases concerning the Building Act) |
| (1) | Any commuting-system welfare facility for senior citizens at home, a communal living home for senior citizens, a medical treatment and communal living home for senior citizens, and a shelter for elder abuse victims prescribed in this Act may be established in a detached house or in a multi-family house, notwithstanding the provisions of Article 19 of the Building Act. <Amended on Aug. 3, 2007; Mar. 21, 2008; Mar. 13, 2018> |
| (2) | The purpose of a building for a welfare house for senior citizens under this Act shall be deemed an institution for senior citizens and infants, notwithstanding the provisions of other statutes or regulations related to building. <Newly Inserted on Feb. 8, 1999; Aug. 3, 2007> |
[Title Amended on Aug. 3, 2007]
CHAPTER VII PENTALTY PROVISIONS
| Article 55-2 (Penalty Provisions) |
Any person who has committed any act falling under subparagraph 1 of Article 39-9 (limited to the injury) shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding 70 million won. <Amended on Dec. 2, 2016> [This Article Newly Inserted on Jan. 29, 2004]
| Article 55-3 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Dec. 2, 2016> |
| 1. | A person who hinders any staff member of an elder protection agency from conducting business under Article 39-7 (2) or (5), by assaulting or intimidating him or her or by using a deceptive scheme or exerting power; |
| 2. | A person who commits any act specified in subparagraphs 1 (limited to violence only) through 4 of Article 39-9 or subparagraph 6 of the same Article. |
| (2) | Deleted. <Dec. 2, 2016> |
| (3) | Any person who, by showing a power of an organization or multitude or by carrying dangerous articles, commits any crime specified in paragraph (1) 1, resulting in the injury of any staff member of an elder protection agency, shall be punished by imprisonment for a limited term of at least three years. Any person who commits such crime, resulting in the death of any person, shall be punished by imprisonment with labor for an indefinite term or by imprisonment with labor for at least five years. <Amended on Dec. 2, 2016> |
[This Article Wholly Amended on Dec. 29, 2015]
| Article 55-4 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Dec. 2, 2016; Apr. 7, 2020>
| 1. | A person who has committed an act falling under subparagraph 5 of Article 39-9; |
| 1-2. | A person who keeps in custody of a missing senior citizen without good cause, without filing a report thereon, in violation of Article 39-10 (1); |
| 2. | A person who has refused or obstructed access or investigation by the public official concerned under Article 39-11 (2) by using a deceptive scheme or exerting influence. |
| 3. | A person who divulges any confidential information learned in the course of performing his or her duties, in violation of Article 39-12; |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 56 (Penalty Provisions) |
| (1) | A person who has leased a welfare house for senior citizens to a person disqualified for admission in violation of Article 33-2 (2) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding the amount of money calculated by multiplying the number of households illegally leased by 10 million won. <Amended on Jan. 28, 2015> |
| (2) | Deleted. <Jan. 28, 2015> |
[This Article Wholly Amended on Aug. 3, 2007]
| Article 56-2 Deleted. <Dec. 2, 2016> |
| Article 57 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Apr. 7, 2020>
| 1. | A person who establishes or operates an institution for senior citizens, a communal living home for senior citizens, a welfare house for senior citizens, a sanatorium for senior citizens, a medical treatment and communal living home for senior citizens, a leisure and welfare institution for senior citizens, or a commuting-system welfare facility for senior citizens at home, without filing a report thereon under Article 33 (2), 35 (2), 37 (2), or 39 (2); |
| 2. | A person who subleases a residential institution for senior citizens to any unqualified person, in violation of Article 33-2 (3); |
| 2-2. | A person who lends or borrows a certificate to or from another person, in violation of Article 39-2 (6); |
| 2-3. | A person who lends a certificate of qualification or arranges such lending in violation of Article 39-2 (7); |
| 3. | A person who establishes or operates an institute for caregiver education, without obtaining a designation under Article 39-3 (1); |
| 4. | A person who violates his or her duty to protect the identity of a reporter and not to disclose his or her identity under Article 39-6 (3); |
| 5. | Deleted; <Apr. 7, 2020> |
| 6. | A person who fails to take measures to protect the rights and interests of users of the relevant facility under Article 40 (5), without just cause. |
[This Article Wholly Amended on Dec. 2, 2016]
| Article 58 (Legal Fiction as Public Official in Application of Penalty Provisions) |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 59 (Penalty Provisions) |
A person who has refused to accept an entrusted task, to the violation of Article 41, shall be subject to a fine not exceeding 500 thousand won. <Amended by Aug. 3, 2007> | 1. | Deleted. <Aug. 3, 2007> |
| 2. | Deleted. <Aug. 3, 2007> |
| Article 59-2 (Aggravated Punishment) |
Where any habitual offender or any worker of a welfare facility for senior citizens referred to in Article 31 commits any crime specified in Article 55-2, 55-3 (1) 2, or subparagraph 1 of Article 55-4, he or she shall be aggravatingly punished by up to 1/2 of the punishment of the relevant crime. <Amended on Dec. 2, 2016> [This Article Newly Inserted on Dec. 29, 2015]
| Article 60 (Joint Penalty Provisions) |
If the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violation referred to in Article 55-2, 55-3, subparagraph 1-2 or 3 of Article 55-4, 56, 57 (excluding subparagraph 2 of the same Article), or 59 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be subject to a fine prescribed in that Article: Provided, That the same shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. <Amended on Jan. 28, 2015; Dec. 2, 2016; Apr. 7, 2020> [This Article Wholly Amended on Jan. 25, 2010]
| Article 61 Deleted. <Apr. 25, 2007> |
| Article 61-2 (Administrative Fines) |
| (1) | The head of any senior citizen-related institution who refuses to comply with a request for dismissal prescribed in Article 39-17 (9) without good cause or fails to implement the request within one month shall be subject to an administrative fine not exceeding 10 million won. <Newly Inserted on Dec. 11, 2018> |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Dec. 29, 2015; Dec. 11, 2018> |
| 1. | A person who fails to file a report or submit data or files a false report or false data, in violation of an order issued under Article 39-11 (2); |
| 2. | A person who fails to file a report on elder abuse, in violation of Article 39-6 (2); |
| 3. | The head of any senior citizen-related institution who fails to verify whether his or her employees, etc. have any criminal history related to elder abuse, in violation of Article 39-17 (5). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Jun. 7, 2011; Jan. 28, 2015> |
| 1. | Deleted. <Dec. 29, 2015> |
| 2. | A person who has failed to submit an identification card, in violation of Article 39-10 (2); |
| 3. | A person who has closed or suspended a welfare institution for senior citizens without filing a report, in violation of Article 40. |
| (4) | An administrative fine referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Health and Welfare, a Mayor/Do governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Oct. 22, 2012> |
| (5) | Deleted. <Oct. 22, 2012> |
| (6) | Deleted. <Oct. 22, 2012> |
[This Article Newly Inserted on Aug. 3, 2007]
| Article 62 Deleted. <Jan. 28, 2015> |
ADDENDA <Act No. 5359, Aug. 22, 1997>
| (1) | (Enforcement Date) This Act shall enter into force nine months after the date of its promulgation: Provided, That the amended provisions of Chapter II (Articles 9 through 22) shall enter into force on July 1, 1998. |
| (2) | (Transitional Measures concerning Elderly Allowance) Elderly allowance under Article 13 of the previous Welfare of Senior Citizens Act as at the time when this Act enters into force shall be paid till June 30, 1998. |
| (3) | (Transitional Measures concerning Welfare Facilities for Senior Citizens) Welfare facilities established by the previous provisions as at the time this Act enters into force shall be regarded as having been established by this Act. |
| (4) | (Relationship to other Statutes) Where other statutes cite the provisions of the Welfare of Senior Citizens Act as at the time this Act enters into force, the relevant provisions of this Act shall be regarded as being cited when there are provisions related thereto in this Act. |
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on 1/1/1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 5851, Feb. 8, 1999>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 39-2, 39-3, 40, 42 and 43 and the proviso to Article 46 (5), and Articles 52 and 57 shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Recognition of Qualifications of Recipients of Old-Age Pension) With respect to a person who is determined to be a qualified recipient under previous provisions as at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 9 (1) 2. |
| (3) | (Transitional Measures concerning Educational Institution for Home Service Personnel) The educational institution for home service personnel which is designated under previous provisions as at the time this Act enters into force shall be deemed reported under the amended provisions of Article 39-3 (1). |
| (4) | (Transitional Measures concerning Approval of Collection of Expenses for Welfare Facilities for Senior Citizens) An approval of collection of the expenses which is granted by the Mayor/Do governor under previous provisions as at the time this Act enters into force shall be deemed a report on the collection of expenses under the amended provisions of Article 46 (5). |
ADDENDA <Act No. 6124, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 6916, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDUM <Act No. 7152, Jan. 29, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7452, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (General Transitional Measures concerning Administrative Dispositions)
| (1) | The dispositions taken by the administrative institutions under the previous provisions of Articles 43 (1) and 44 as at the time this Act enters into force shall be deemed to have been taken by the administrative institutions under the amended provisions of this Act. |
| (2) | The reports filed to the administrative institutions under the previous provisions of Articles 33 (2), 35 (2), 39-3 (1), 40 (1) and (4), and 46 (5) (main sentence) as at the time this Act enters into force shall be deemed to have been filed to the administrative institutions under the amended provisions of this Act. |
ADDENDUM <Act No. 7585, Jul. 13, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8200, Jan. 3, 2007>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability to Fact-Finding Surveys on Current Status of Senior Citizens) The first fact-finding survey on the current status of senior citizens under the amended provisions of Article 5 shall be conducted in 2008. |
ADDENDA <Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDA <Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8385, Apr. 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8435, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8608, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 32, 34, and 38 shall enter into force eight months after the date of its promulgation, and the amended provisions of Articles 39-2 and 39-3 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Restrictions on Supply of Welfare House for Senior Citizens)
The amended provisions of Article 33-2 (5) shall apply, beginning with the first welfare house for senior citizens which submits an application for approval of a project plan pursuant to Article 16 of the Housing Act after this Act enters into force. Article 3 (Applicability to Order to Dispose of Welfare House for Senior Citizens and Charge for Compelling Performance)
Article 33-3
The amended provisions of Articles 33-3 and 62 shall apply, beginning with the first person to whom a welfare house for senior citizens has been sold or transferred after this Act enters into force. Article 4 (Transitional Measures concerning Institution for Senior Citizens)
An institution for senior citizens, an institution for senior citizens at cost, and a premium institution for senior citizens established pursuant to the previous provisions as at the time this Act enters into force shall be deemed to be an institution for senior citizens under the amended provisions of Article 32 (1) 1, a welfare house for senior citizens at cost and a premium welfare house for senior citizens to be a welfare house for senior citizens under Article 32 (1) 3, a sanatorium for senior citizens, a sanatorium for senior citizens at cost, a premium sanatorium for senior citizens, a specialized sanatorium for senior citizens, and a specialized premium sanatorium for senior citizens under the amended provisions of Article 34 (1) 1, an institution sending home service workers, a daytime protection institution, and a short-term protection institution to be a commuting-system welfare facility for senior citizens at home under the amended provisions of Article 38 (1), respectively. Article 4-2 (Special Cases concerning Transfer of Welfare House for Senior Citizens)
A welfare house for senior citizens for which permission has been obtained under the Building Act or a project plan has been approved under the Housing Act before August 4, 2008, may be transferred (including purchase and sale, donation, or all the other acts accompanied by a change of ownership) or leased to a person not qualified for admission, notwithstanding the amended provisions of paragraph (3) and the proviso to paragraph (4) of Article 33-2. [This Article Newly Inserted on Mar. 30, 2011]
Article 4-3 (Special Cases concerning Qualifications for Admission to Welfare House for Senior Citizens)
A person under 60 years of age not qualified for admission may be admitted into a welfare house for senior citizens for which permission has been obtained under the Building Act or a project plan has been approved under the Housing Act before August 4 in 2008, notwithstanding the amended provisions of Article 33-2 (1). [This Article Newly Inserted on Mar. 30, 2011]
Article 5 (Transitional Measures concerning Welfare Hall for Senior Citizens)
A welfare hall for senior citizens established pursuant to the previous provisions as at the time this Act enters into force shall be deemed to be a welfare hall under the amended provisions of Article 36 (1). Article 6 (Transitional Measures concerning Educational Institution for Home Service Workers)
An educational institution for home service workers established pursuant to the previous provisions as at the time this Act enters into force may provide education for medical treatment and protection workers for up to one year after this Act enters into force.
Article 7 (Transitional Measures concerning Medical Treatment and Protection Workers)
A person who is working as a life guidance counselor or a home service worker in a welfare institution for senior citizens pursuant to the previous provisions as at the time this Act enters into force may perform affairs of a medical treatment and protection worker under the amended provisions of Article 39-2 (1) for up to two years after this Act enters into force. Article 8 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall apply to the imposition of penalty provisions and administrative fines for acts committed before this Act enters into force.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 9386, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 9964, Jan. 25, 2010>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Persons who has Finished Curricula at Institutes for Caregiver Education) Pursuant to the previous provisions, the Mayor/Do Governor shall issue a license for a caregiver to a person who has finished curricula at an institute for caregiver education under the previous provisions as at the time this Act enters into force, notwithstanding the amended provisions of Article 39-2 (2). |
| (3) | (Transitional Measures concerning Persons who has Acquired Qualification as Caregivers) A person who has acquired a license for a Grade 1 or Grade 2 caregiver under the previous provisions as at the time this Act enters into force shall be deemed to have acquired a license for a caregiver, notwithstanding the amended provisions of Article 39-2 (2). In such cases, a person who has acquired a license for a Grade 2 caregiver shall be limited to those who have finished curricula determined by the Minister of Health and Welfare. |
| (4) | (Transitional Measures concerning Institutes for Caregiver Education) An institute for caregiver education reported under the previous provisions as at the time this Act enters into force shall be deemed to have been designated as an institute for caregiver education under the amended provisions of Article 39-3 (1): Provided, That such institution shall meet the designation standards under the amended provisions of Article 39-3 (1) within six months from the date on which this Act enters into force. |
ADDENDUM <Act No. 10509, Mar. 30, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10563, Apr. 7, 2011>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Dedicated Elderly Employment Agencies) A dedicated elderly employment agency under the previous provisions as at the time this Act enters into force shall be deemed a dedicated elderly employment agency referred it on the amended provisions of Article 23-2 (2). |
ADDENDA <Act No. 10785, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Geriatric Hospitals)
Notwithstanding the amended provisions of Article 34 (1), the previous provisions shall apply to geriatric hospitals (including hospitals that have obtained a building permit as a geriatric hospital and are being built) that were granted permits in accordance with the previous provisions as at the time this Act enters into force. Article 3 (Transitional Measures concerning Recreation Centers for Senior Citizens)
Notwithstanding the amended provisions of Article 36 (1), the previous provisions shall apply to recreation centers for senior citizens (including recreation centers that have obtained a building permit as a recreation center for senior citizens and are currently under construction) reported in accordance with the previous provisions as at the time this Act enters into force. Article 4 Omitted.
ADDENDA <Act No. 10997, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11013, Aug. 4, 2011>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDUM <Act No. 11249, Feb. 1, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11513, Oct. 22, 2012>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11854, Jun. 4, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12066, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Suspension of Services)
The amended provisions of Article 43 shall also apply where the administrative disposition is taken for an offense committed before this Act enters into force.
ADDENDA <Act No. 13102, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 5 (2), 24 (2) 4-2, and 33-2 (1), subparagraph 3 of Article 39-13, and Articles 56 (2) and 60 shall enter into force on the date of its promulgation, and the amended provisions of Articles 39-7 and 61-2 (3) 1 shall enter into force three months after the date of its promulgation. Article 2 (Transitional Measures concerning Welfare House for Senior Citizens for Sale)
Notwithstanding the amended provisions of Articles 32 (1) 3 and (2), 33-2 (2) through (4), 33-3, 56 (1), 56-2, and 62, the previous provisions shall apply to a welfare house for senior citizens for which permission has been obtained pursuant to the Building Act or a project plan has been approved pursuant to the Housing Act before this Act enters into force. Article 3 (Transitional Measures concerning Incompetent)
Notwithstanding the amended provisions of subparagraph 3 of Article 39-13, the previous provisions shall apply to persons for whom the declaration of incompetency or quasi-incompetency remains effective under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13474, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 36 Omitted.
ADDENDA <Act No. 13646, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 39-5 (1) and (2) and 39-16 shall enter into force on the date of its promulgation; the amended provisions of Articles 39-11, 39-15, 40 (5) and (6), 43 (3), and 57 (2) 3 shall enter into force six months after the date of its promulgation; and the amended provisions of Article 46 (5) shall enter into force on January 1, 2016. Article 2 (Applicability to Obligations to Report Elder Abuse)
The amended provisions of Article 39-6 (2) shall begin to apply from the elder abuse that first occurs after this Act enters into force. Article 3 (Applicability to Publication of Violations)
The amended provisions of Article 39-18 shall begin to apply from the first violation committed after this Act enters into force. Article 4 (Applicability to Measures to Protect Rights and Interests of Users)
The amended provisions of Articles 40 (5) and (6) and 43 (3) shall begin to apply from the first welfare facility for senior citizens that is closed or suspended or that receives an order to close or suspend its services, after the same amended provisions enter into force. Article 5 (Transitional Measures concerning Restrictions on Employment)
| (1) | Where any person operating a senior citizen-related institution, as at the time this Act enters into force, falls under the amended provisions of Article 39-17 (1) for an act committed before this Act enters into force, the same amended provisions shall not apply to such person until he or she operates such institution. |
| (2) | Where any person working for, or providing actual labor to, a senior citizen-related institution, as at the time this Act enters into force, falls under the amended provisions of Article 39-17 (1) for an act committed before this Act enters into force, the same amended provisions shall not apply to such person until he or she terminates employment at, or the provision of actual labor to, such institution. |
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 14320, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Prohibited Acts)
The amended provisions of subparagraph 6 of Article 39-9 shall begin to apply from emotional abuse that first occurs after this Act enters into force.
ADDENDA <Act No. 14596, Mar. 14, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Shelters for Elder Abuse Victims)
Any shelter for temporarily protecting elder abuse victims that a regional elder protection agency is operating after obtaining designation, etc. from the competent local government as at the time this Act enters into force, shall be deemed a shelter the operation of which has been entrusted under the amended provisions of Article 39-19 (3): Provided, That the relevant regional elder protection agency shall be re-entrusted with the operation of the shelter within one year after this Act enters into force under the amended provisions of Article 39-19.
ADDENDUM <Act No. 14922, Oct. 24, 2017>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 50 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15442, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 25 shall enter into force three months after the date of its promulgation and the amended provisions of Article 39-6 shall enter into force six months after the date of its promulgation. Article 2 Omitted.
ADDENDA <Act No. 15880, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 58 shall enter into on the date of its promulgation and the amended provisions of Article 37-2 (1) and subparagraph 6 of Article 39-13 shall enter into force three months after the date of its promulgation. Article 2 (Applicability to Employment Restriction on Elder Abuse-Related Criminals)
The amended provisions of Article 39-17 shall also apply to a person who commits a crime related to elder abuse before this Act enters into force but upon whom final judgement is to be rendered. Article 3 (Special Cases concerning Period of Restricted Employment for Persons Finally and Conclusively Convicted of Crimes Related to Elder Abuse under Previous Provisions)
| (1) | Notwithstanding the previous provisions, the period of restricted employment for a person restricted from employment under the previous provisions (hereafter in this Article referred to as “person subject to restriction of employment”) shall apply according to the following classification: Provided, That if the previous provisions are more favorable to a person finally and conclusively convicted of a crime related to elder abuse, the previous provisions shall apply: |
| 1. | Persons sentenced to imprisonment with labor or imprisonment without labor for more than three years or to medical treatment and custody, for whom such judgement is made final and conclusive: Five years from the date the execution of such sentence or medical treatment and custody is wholly or partially terminated or is suspended or exempted; |
| 2. | Persons sentenced to imprisonment with labor or imprisonment without labor for up to three years or to medical treatment and custody, for whom such judgement is made final and conclusive: Three years from the date the execution of such sentence or medical treatment and custody is wholly or partially terminated or is suspended or exempted; |
| 3. | Persons sentenced to a fine, for whom such judgement is made final and conclusive: One year from the date such sentence is made final and conclusive. |
| (2) | After this Act enters into force, a person subject to restriction of employment or his or her legal representative may request the court of the first instance for alteration of the period of restricted employment referred to in paragraph (1) or exemption from restriction of employment on the grounds that such period of restricted employment referred to in paragraph (1) is significantly unfair or there are extenuating circumstances to lift such restriction. |
| (3) | Where a person subject to restriction of employment or his or her legal representative makes a request prescribed in paragraph (2), he or she shall state personally identifiable information (referring to name, date of birth, and address) of the person subject to restriction of employment, factual grounds for such request, etc. in a written request. |
| (4) | The court may seek opinions of the prosecutor before making a decision on the request referred to in paragraph (2). |
| (5) | Where the court deems a request made under paragraph (2) has no extenuating grounds, it shall notify a decision to dismiss the request. |
| (6) | Where the court deems a request made under paragraph (2) has extenuating grounds, it shall notify a decision to newly set a period of restricted employment within the range not exceeding the period prescribed in each subparagraph of paragraph (1) or a decision to lift the restriction of employment, and shall send a certified copy of a written decision to the prosecutor. |
| (7) | Where a decision made under paragraph (5) or (6) violates the statutes or regulations or is significantly unfair, the prosecutor, a person subject to restriction of employment, or his or her legal representative may file a complaint within seven days from the date he or she is notified of such decision. |
| (8) | A petition of complaint shall be submitted to the original court, and the court in receipt of the petition of complaint shall send records attached with the statement of opinion to the appellate court within three days from receipt of the petition of complaint. |
| (9) | Where the appellate court deems the complaint is not filed according to the procedure stipulated in laws or is groundless, it shall dismiss the complaint by decision. |
| (10) | Where the appellate court recognizes that the complaint has grounds, it shall annul the original decision and make a decision directly or transfer the case to another competent court. |
| (11) | With respect to a decision by the appellate court, a further complaint may be made to the Supreme Court only when such decision is in violation of the statutes or regulations. |
| (12) | The period of filing a further complaint shall be seven days from the day of receipt of notification of a decision to dismiss the complaint. |
| (13) | Neither complaint nor further complaint has the effect to suspend the execution of a decision. |
| (14) | The court shall serve the definite date of a decision within 14 days from the date a decision made under paragraph (6) becomes final and conclusive by attaching it to a certified copy of a written decision to the Minister of Health and Welfare. |
Article 4 (Special Cases concerning Check and Verification of Persons with Elder Abuse-Related Criminal History)
The amended provisions of Article 39-17 (6) shall also apply to persons finally and conclusively convicted of a crime related to elder abuse before this Act enters into force who becomes subject to employment restriction, etc. under Article 3 of the Addenda.
ADDENDA <Act No. 15881, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 16243, Jan. 15, 2019>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 23-3 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16403, Apr. 30, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16735, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Qualification Examination for Tourism Workers)
The amended provision of Article 39-2 (3) shall apply beginning with the examination publicly announced after this Act enters into force.
ADDENDUM <Act No. 17199, Apr. 7, 2020>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 6-2 shall enter into force on the date of its promulgation.