ACT ON THE USE AND PROVISION OF SOCIAL SECURITY BENEFITS AND SEARCH FOR ELIGIBLE BENEFICIARIES
Act No. 12935, Dec. 30, 2014
Amended by Act No. 13323, May 18, 2015
Act No. 13499, Aug. 28, 2015
Act No. 13664, Dec. 29, 2015
Act No. 13994, Feb. 3, 2016
Act No. 14224, May 29, 2016
Act No. 14696, Mar. 21, 2017
Act No. 15881, Dec. 11, 2018
Act No. 15884, Dec. 11, 2018
Act No. 16737, Dec. 3, 2019
Act No. 17091, Mar. 24, 2020
Act No. 17201, Apr. 7, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure the right to a life fit for human beings for people in need of social security benefits to the maximum, to provide social security benefits fairly and effectively, and to build foundations for the integrated implementation of the social security system within local communities by providing for basic matters concerning the standards, procedures, etc. for the use and provision of social security benefits under the Framework Act on Social Security, as well as searching for and supporting people in need of but currently not receiving support.
The terms used in this Act shall be defined as follows:
| 1. | The term “social security benefits” means cash, goods, or services, or the right to use them, provided pursuant to subparagraph 1 of Article 3 of the Framework Act on Social Security by a livelihood security agency referred to in subparagraph 5; |
| 3. | The term “beneficiary” means a person receiving social security benefits; |
| 4. | The term “person in need of support” means a person in need of social security benefits; |
| 5. | The term "livelihood security agency" means a State agency or a local government which pays social security benefits under the relevant statutes. |
| Article 3 (Relationship to Other Acts) |
Except as otherwise expressly provided for in other Acts, this Act shall apply to the standards, methods, and procedures necessary for using and providing social security benefits, and the search and support for people in need of support, and relevant matters.
| Article 4 (Basic Principles) |
| (1) | Any person who needs social security benefits may apply for social security benefits of his/her own free will, and a livelihood security agency shall provide necessary and sufficient support, including guidance and consultation. |
| (2) | A livelihood security agency shall actively search for people in need of support in order to ensure that no citizen who needs support is omitted from the provision of benefits; and endeavor to help them appropriately receive social security benefits they need. |
| (3) | A livelihood security agency shall endeavor to satisfy diverse welfare needs of the citizens and to provide social security benefits that meet the needs of each life-cycle phase fairly, transparently, and appropriately. |
| (4) | A livelihood security agency shall endeavor to effectively link the provision of social security benefits to welfare benefits or services offered by private corporations, organizations, or facilities related to social security, including social welfare foundations and social welfare facilities, defined in subparagraphs 3 and 4 of Article 2 of the Social Welfare Services Act. |
| (5) | A livelihood security agency shall endeavor to establish and implement social security policies and relevant systems so that citizens can use social security benefits conveniently. |
| (6) | A livelihood security agency shall endeavor to ensure that social security services are offered equally among regions. |
CHAPTER II SOCIAL SECURITY BENEFITS
SECTION 1 USE OF SOCIAL SECURITY BENEFITS
| Article 5 (Application for Social Security Benefits) |
| (1) | A person in need of support or his/her relative; a guardian as provided for in the Civil Act; a certified juvenile counselor or certified juvenile guider as provided for in the Framework Act on Juveniles; a person who is actually protecting a person in need of support (including the head of a relevant institution or organization), etc. may file an application with the competent livelihood security agency having jurisdiction over the address of a person in need of support, for the provision of social security benefits. |
| (2) | In order to prevent a person in need of support from being omitted from receiving social security benefits, a person in charge of affairs at a livelihood security agency may file an application, ex officio, for providing social security benefits to a person in need of support residing in his/her jurisdiction. In such cases, he/she shall obtain consent from the person in need of support, and upon obtaining such consent, it shall be deemed that the person in need of support has filed the application in person. |
| (3) | Where an application is filed under paragraph (1) or (2), a person in charge of affairs at a livelihood security agency shall notify the applicant or the person in need of support, of the following: |
| 1. | Applicable statutes, the purpose of an investigation pursuant to Article 7 and the scope of information subject to investigation and method of using such information; |
| 3. | Retention period and destruction of information prescribed in Article 34. |
| (4) | The methods to apply for social security benefits and to give notice under paragraphs (1) through (3), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 6 (Investigation of Demand for Social Security Services) |
Upon receipt of an application for social security benefits under Article 5, the head of a livelihood security agency shall investigate the following matters: | 1. | The demand for social security services of a person in need of support; |
| 2. | The living conditions of a person in need of support, including his/her health conditions and the composition of his/her household; |
| 3. | Other matters related to social security benefits deemed relevant to a person in need of support. |
| Article 7 (Investigation of Eligibility) |
| (1) | Upon receipt of an application for social security benefits under Article 5, in order to verify the eligibility of a person in need of support and a person under duty to support him/her (referring to his/her spouse, and any lineal blood relatives within the first degree of kinship and their spouses; hereinafter the same shall apply) to receive social security benefits, the head of a livelihood security agency may be provided with the data or information falling under any of the following, and examine and manage such data or information (referring to the management thereof as defined in subparagraph 2 of Article 2 of the Personal Information Protection Act; hereinafter the same shall apply): Provided, That this shall not apply in cases where no investigation into a person under duty to support is necessary or other cases prescribed by Presidential Decree: |
| 1. | Matters related to the verification of personal information and family relationship; |
| 2. | Matters related to the income, property, ability to work, and employment status; |
| 3. | Matters related to the history of receiving social security benefits; |
| 4. | Other matters recognized as necessary by the head of the livelihood security agency to select eligible beneficiaries. |
| (2) | Where it is difficult to secure data required to verify the matters prescribed in the subparagraphs of paragraph (1), the head of the livelihood security agency may request to submit necessary data from the applicant or the person in need of support and a person under duty to support him/her. |
| (3) | Where it is necessary to verify the matters prescribed in the subparagraphs of paragraph (1), a person in charge at a livelihood security agency may visit the domicile and the places necessary to visit for the verification of facts by presenting identification indicating his/her authority and documents stating the matters prescribed by Ordinance of the Ministry of Health and Welfare, including the period and scope of an investigation, person in charge of the investigation, relevant statutes, etc. <Amended on Feb. 3, 2016> |
| (4) | Where the head of a livelihood security agency intends to use networks or data prescribed by Presidential Decree, including resident registration electronic data, family relation registration electronic data; finance, national tax, local tax; land, buildings, health insurance, national pension, employment insurance, industrial accident compensation insurance, entry into and departure from the Republic of Korea, military affairs, veterans' benefits, correctional affairs, etc., for the purpose of investigating the matters prescribed in the subparagraphs of paragraph (1), he/she may request the cooperation of the relevant central administrative agencies, the National Court Administration, local governments, and related institutions and organizations. In such cases, any institution or organization in receipt of a request for submission of data shall comply with such request unless there is a compelling reason not to do so. |
| (5) | The head of a livelihood security agency shall provide a person in need of support with an opportunity to state his/her opinions during the course of an investigation referred to in paragraph (1). |
| Article 8 (Provision of Financial Information) |
| (1) | Where it is necessary to examine financial information, etc. under Article 7 (1) with respect to a person in need of support and a person under duty to support him/her, the head a central administrative agency or the head of a local government shall acquire written consent to the provision of the following data or information: |
| 3. | Insurance premiums paid for purchasing any of the insurances under Article 4 (1) of the Insurance Business Act, and other data or information prescribed by Presidential Decree (hereafter referred to as “insurance information” in this Article). |
| (6) | Any request for provision of financial information, etc. and any provision thereof, shall be made utilizing the information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc: Provided, That the same shall not apply in the case of inevitability, such as damage to the information and communications network. |
| (7) | Necessary matters concerning requests for provision of financial information, etc., the provision thereof, and relevant matters shall be prescribed by Presidential Decree. |
| Article 9 (Determination of Provision of Social Security Benefits) |
| (1) | Where the head of a livelihood security agency has conducted an investigation under Articles 6 and 7, he/she shall determine whether to provide social security benefits and the manner of provision, ensuring that the social security benefits determined to be provided do not overlap with the details of other social security benefits that a person in need of support is currently receiving. |
| (2) | Where it is necessary to make a determination regarding the provision of social security benefits, the head of a livelihood security agency may hear the opinions of a person in need of support, his/her relatives, and other related persons. |
| (3) | The head of a livelihood security agency shall notify an applicant, in writing (including electronic documents when an applicant has consented thereto), of his/her determination under paragraph (1) as to whether to provide social security benefits, the manner of provision, the obligation to report changed matters, and so forth, and when necessary, the notification may be concurrently made orally or by other means. In such cases, necessary matters concerning such notification shall be prescribed by Presidential Decree. |
SECTION 2 LOCATING PERSONS IN NEED OF SUPPORT
| Article 9-2 (Search for Households in Critical Situations) |
| (1) | The head of a livelihood security agency shall endeavor to search for the following households in need of support (hereafter in this Article referred to as “households in critical situations”) to ensure that any person in need of support who is omitted from the provision of social security benefits receives appropriate social security benefits: <Amended on Apr. 7, 2020> |
| 1. | The household of a person deemed to be in a critical situation by the head of a livelihood security agency as a result of processing the information shared by the heads of the relevant institutions, corporations, organizations or facilities falling under any subparagraph of Article 11 (1) and the data or information referred to in each subparagraph of Article 12 (1); |
| 2. | The household of a person who has committed or attempted to commit suicide, which meets the criteria prescribed by Presidential Decree. |
| (2) | The head of a livelihood security agency shall provide support so that the members of the household identified under paragraph (1) can receive appropriate social security benefits they need. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 10 (Provision and Publicity of Data or Information) |
The head of a livelihood security agency shall endeavor to provide and publicize data or information related to the following matters in order to identify persons in need of support:
| 1. | Details of social security benefits and the scale on which it is provided; |
| 2. | Requirements and procedures to become beneficiaries; |
| 3. | Other information necessary to receive social security benefits. |
| Article 11 (Request for Cooperation, Including Sharing of Information) |
| (1) | The head of a livelihood security agency may, for the purpose of identifying persons in need of support who are residing in his/her jurisdiction, request the cooperation of the heads of the relevant institutions, corporations, organizations, or facilities falling under any of the following regarding such matters as the sharing of information acquired over the course of conducting their duties, sending an employee under his/her jurisdiction when a site investigation is conducted at the domicile of a person in need of support, etc. In such cases, the heads of the related institutions, corporations, organizations, or facilities shall comply with such request unless there is a compelling reason not to do so: <Amended on May 18, 2015> |
| 7. | Fire brigades defined in subparagraph 5 of Article 2 of the Framework Act on Fire-Fighting Services; |
| 8. | Other institutions, corporations, organizations, and facilities prescribed by Presidential Decree. |
| (2) | The head of a livelihood security agency may utilize the information prescribed by Presidential Decree, from among the administrative information that the agency retains, for purposes of conducting investigations for search under Article 12-2. <Newly Inserted on Apr. 7, 2020> |
| Article 12 (Management of Data or Information) |
| (1) | In order to assist a livelihood security agency in efficiently conducting the affairs prescribed in Article 10, the Minister of Health and Welfare may manage the following data or information using the social security information system established under Article 37 of the Framework Act on Social Security (hereinafter referred to as “social security information system”): <Amended on Mar. 21, 2017; Dec. 3, 2019; Apr. 7, 2020> |
| 5. | Information on households of persons who are assessed by the heads of facilities qualified under Article 35 of the Social Welfare Services Act as being in critical situations among those who have not been admitted to the facilities or who have been discharged from the facilities; |
| 6. | As information on defaults (referring to unpaid loans, credit card debts, communications bills and others) meeting the criteria prescribed by Presidential Decree by persons recognized as being in critical situations by the Minister of Health and Welfare, their personal credit information determined through consultation with the Chairperson of the Financial Services Commission among personal credit information held by a centralized credit information collection agency referred to in Article 25 (2) 1 of the Credit Information Use and Protection Act or by an individual credit information collection agency referred to in Article 25 (2) 2 of the same Act; |
| 9. | Other information prescribed by Presidential Decree, as those necessary for locating persons in need of support. |
| (2) | The Minister of Health and Welfare may process information on insurance contributions under Article 69 of the National Health Insurance Act to determine whether a household or individual falling under any subparagraph of paragraph (1) fits into the category of the households in critical situations. <Newly Inserted on Apr. 7, 2020> |
| (3) | The Minister of Health and Welfare may request that the heads of the relevant central administrative agencies, local governments, or related institutions, corporations, organizations, or facilities provide data or information prescribed in the subparagraphs of paragraph (1) and paragraph (2). In such cases, the heads of the relevant central administrative agencies, etc. shall comply with such request unless there is a compelling reason not to do so. <Amended on Apr. 7, 2020> |
| (4) | The Minister of Health and Welfare may provide data or information obtained pursuant to paragraph (1) to the head of the livelihood security agency in order to eliminate social security blind spots; and the head of a livelihood security agency may assist the heads of corporations, organizations, or facilities prescribed by Presidential Decree with the utilization of such data or information, where it is deemed necessary, upon acquiring consent of persons in need of support. <Amended on Apr. 7, 2020> |
| Article 12-2 (Investigation for Search and Inspection of Actual Status) |
| (1) | The head of a livelihood security agency shall conduct a quarterly investigation to search for persons in need of support: Provided, That the foregoing shall not apply when an investigation for search has been conducted pursuant to Article 7-2 of the Emergency Aid and Support Act. |
| (2) | The Minister of Health and Welfare shall inspect the operational status of the system for searching for persons in need of support each year, and formulate an improvement plan accordingly. |
| (3) | Detailed matters concerning the investigation for search and the inspection to examine operational status prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 13 (Obligation to Report upon Finding Persons in Need of Support) |
| (1) | Any person shall report to a livelihood security agency when he/she finds a person in need of social security benefits due to social risks stemming from childbirth, rearing children, unemployment, old age, disability, sickness, poverty, death, etc. |
| (2) | Any of the following persons who discovers, in the course of performing his/her duties, that a person in need of support is at risk of death or serious mental or physical disability due to social risks listed in paragraph (1) shall report thereon to a livelihood security agency without delay, and endeavor to ensure that the person in need of support receives necessary support promptly: <Amended on May 18, 2015; Dec. 29, 2015; May 29, 2016; Dec. 11, 2018; Dec. 3, 2019> |
| 4. | Medical service technologist defined under Article 1-2 of the Medical Service Technologists Act; |
| 6. | Members of rescue units or first-aid units referred to in Article 34 of the Framework Act on Fire-Fighting Services; |
| 15. | The heads and workers of support facilities established under Article 10 of the Act on the Prevention of Commercial Sex Acts and Protection of Victims, and the heads and workers of the counseling centers for victims of commercial sex acts established under Article 17 of the same Act; |
| 16. | The heads and workers of the counseling centers related to domestic violence established under Article 5 of the Act on the Prevention of Domestic Violence and Protection of Victims, and the heads and workers of the shelters for victims of domestic violence established under Article 7 of the same Act; |
| 21. | The heads of administrative Ris pursuant to Article 4-2 (4) of the Local Autonomy Act, and the heads of Tongs established as a subordinate organization of administrative Dongs pursuant to paragraph (5) of the same Act; |
| (3) | With respect to a person in need of support who is recognized as requiring social security benefits based upon a report, etc. filed under paragraph (1) or (2), the head of a livelihood security agency shall endeavor to ensure that an application is made pursuant to Article 5. |
| Article 14 (Public-Private Cooperation) |
| (1) | A livelihood security agency and the related institutions, corporations, organizations, and facilities shall cooperate to locate persons in need of support and social security within local communities and to promote voluntary cooperation between households and local communities. |
| (2) | In order to locate persons in need of support and to establish a system to protect local communities, if necessary, the Mayor of a Special Self-Governing City and the head of a Si (including the head of an administrative Si referred to in Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gun, or Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) may include the heads of related institutions, corporations, organizations, or facilities and the heads of other institutions, corporations, organizations, or facilities which are related to the identification of blind spots in the operation of a regional social security consultative body provided for in Article 41 (in the case of a Special Self-Governing City, referring to a City/Do Social Security Committee provided for in Article 40). <Amended on Mar. 21, 2017> |
| (3) | The Mayor of a Special Self-Governing City and the head of a Si/Gun/Gu may provide necessary support within budgetary limits, in order to facilitate the activities for searching for persons in need of support within local communities referred to in paragraph (1). <Amended on Mar. 21, 2017> |
SECTION 3 SUPPORT FOR ELIGIBLE BENEFICIARIES
| Article 15 (Formulation and Implementation of Support Plans) |
| (1) | Where the head of a livelihood security agency determines to provide social security benefits under Article 9 (1), if necessary, he/she shall formulate a plan for providing social security benefits for each eligible beneficiary, covering the following matters (hereafter in this Article referred to as “support plan”). In such cases, he/she shall take into account the opinions of the eligible beneficiary or his/her relatives, or other related persons: |
| 1. | The type, method, quantity, and period of providing social security benefits; |
| 2. | Agencies or organizations to provide social security benefits; |
| 3. | Where at least two livelihood security agencies or related institutions, corporations, organizations, or facilities are to provide social security benefits to one eligible beneficiary, a means to connect with each other; |
| 4. | Where it is necessary to connect with the linkage with welfare benefits provided by private corporations, organizations, or facilities related to social security, a means to connect with each other. |
| (2) | The head of a livelihood security agency shall endeavor to provide social security benefits in accordance with a support plan, and when necessary, he/she may evaluate the results of the provision of social security benefits regularly and modify the support plan based on the results of the evaluation. |
| (3) | Where the head of a livelihood security agency develops or modifies a support plan for eligible beneficiaries, he/she may confirm their eligibility using the social security information system. |
| (4) | The head of a livelihood security agency may share the minimum information deemed necessary to implement a support plan with other related livelihood security agencies, and when necessary, he/she may share such information with the corporations, organizations or facilities prescribed by Presidential Decree by acquiring the consent of eligible beneficiaries. |
| (5) | The head of a livelihood security agency may, in order to support the enhancement of professionalism in the formulation, implementation, etc. of a support plan, entrust education, consulting, and other necessary affairs to the relevant institutions, including public institutions under the Act on the Management of Public Institutions. |
| (6) | Necessary matters concerning formulating of a support plan, providing of social security benefits, and relevant matters under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 16 (Consultation, Guidance and Requests for Eligible Beneficiaries) |
| (1) | A person in charge of affairs in a livelihood security agency shall provide consultation and guidance on the names of social security benefits, standards for selecting eligible beneficiaries, details of security services, methods for filing an application, etc., so that an eligible beneficiary or a person in need of support (hereinafter referred to as “eligible beneficiary, etc.”) can use necessary social security benefits conveniently, and to this end, such person shall utilize the information provided by the social security information system to the maximum. |
| (2) | Where it is found that the use of social security benefits that an eligible beneficiary, etc. needs, fall within the jurisdiction of another livelihood security agency, a person in charge of affairs in a livelihood security agency shall inform an applicant; or a beneficiary, etc. of the matters prescribed in paragraph (1) and the competent livelihood security agency; when necessary, he/she shall request the relevant livelihood security agency or related institutions, corporations, organizations, or facilities to provide social security benefits or welfare benefits and services. |
| (3) | The Minister of Health and Welfare shall ensure that the consultation, guidance, or request required under paragraphs (1) and (2) are provided efficiently through the social security information system. |
| (4) | The head of a livelihood security agency may establish and operate a telephone counseling center, etc. in order to comprehensively conduct consultation, guidance, request, etc. regarding the use and provision of social security benefits for eligible beneficiaries, etc. |
| Article 17 (Raising of Objections) |
| (1) | An eligible beneficiary, etc. who is dissatisfied with any disposition issued under this Act may file an objection with the head of a livelihood security agency who has issued such disposition within 90 days from the date when he/she receives the disposition: Provided, That when an eligible beneficiary, etc. proves that he/she is unable to file an objection within the aforesaid period for any justifiable reason, he/she may file an objection within 60 days from the date the relevant reason ceases to exist. |
| (2) | The head of a livelihood security agency in receipt of an objection shall make a decision regarding such objection within 10 days from receipt thereof, and notify the applicant of the results of his/her decision without delay: Provided, That when he/she is unable to make a decision within the aforesaid period for an inevitable reason, he/she may extend the period by up to 10 days, counting from the date following the expiration date of the period, and the relevant ground for the extension shall be notified to the applicant. |
| (3) | Necessary matters concerning the methods, procedures, etc. for filing objections under paragraph (1) or (2) shall be prescribed by Presidential Decree. |
| Article 18 (Support for Protectors of Eligible Beneficiaries) |
The head of a livelihood security agency may provide counseling, financial support, etc. to a person who is taking care of an eligible beneficiary, to whom the provision of benefits is determined under Article 9, at his/her own home so as to reduce burdens on such person.
SECTION 4 MANAGEMENT OF SOCIAL SECURITY BENEFITS
| Article 19 (Investigation for Verifying Appropriateness of Social Security Benefits) |
| (1) | The head of a livelihood security agency may investigate the information falling under the subparagraphs of Article 7 (1) in order to verify the appropriateness of social security benefits paid to beneficiaries. |
| (2) | With respect to the methods and procedures for an investigation under paragraph (1), Article 7 (2) through (5) and (8) shall apply mutatis mutandis. |
| Article 19-2 (Fact-Finding Survey of Unlawful Receipt of Social Security Benefits) |
| (1) | In order for a livelihood security agency to be able to formulate effective measures regarding cases where a beneficiary receives social security benefits by fraud or other improper means or arranges for another person to receive social security benefits, the Minister of Health and Welfare shall conduct a fact-finding survey of the occurrence of such cases, real examples of damage, etc. every three years, and disclose the results thereof. |
| (2) | Where necessary to conduct a fact-finding survey prescribed in paragraph (1), the Minister of Health and Welfare may request submission of necessary data, statement of opinions, etc. from the heads of the relevant central administrative agencies, the heads of public institutions established under the Act on the Management of Public Institutions, or the heads of other relevant facilities, corporations and organizations. In such cases, the heads of the relevant central administrative agencies, etc. shall comply with such request, unless there is any compelling reason not to do so. |
| (3) | Matters necessary for the methods and details of a fact-finding survey referred to in paragraph (1), the disclosure of its results, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Dec. 11, 2018]
| Article 20 (Report on Changes by Beneficiaries) |
A beneficiary paid social security benefits regularly or during a predetermined period shall report to the head of the competent livelihood security agency without delay when any change occurs with respect to any of the matters prescribed in any subparagraph of Article 7 (1), including his/her domicile, household members, income, property, ability to work, and history of receiving other benefits.
| Article 21 (Modification or Suspension of Social Security Benefits) |
| (1) | Where it is found that any change has occurred with respect to the personal information, family relation, income, property, ability to work, etc. of a beneficiary or a person under duty to support him/her, as a result of an investigation for verifying the appropriateness of social security benefits under Article 19 or a report on changed matters made by a beneficiary under Article 20, the head of a livelihood security agency may modify the type, provision methods, etc. of the social security benefits paid to the beneficiary, either ex officio or upon request by the beneficiary, his/her relative, or other interested parties. |
| (2) | Where no further need exists to provide all or part of social security benefits to a beneficiary due to any change reported under paragraph (1), the head of a livelihood security agency shall suspend all or part of the social security benefits to the relevant beneficiary or modify the type, provision methods, etc., of such social security benefits. |
| (3) | Any modification or suspension of social security benefits under paragraph (1) or (2) shall be notified in writing to the beneficiary (including electronic documents when a beneficiary has consented thereto), specifying the grounds therefor, and when necessary, the notification may be concurrently made orally or by other means. |
| Article 22 (Recovery of Social Security Benefits) |
| (1) | Where a beneficiary deliberately fails to report when required under Article 20; receives social security benefits by fraud or other improper means; or arranges for another person to receive social security benefits, the head of the livelihood security agency who has provided social security benefits may recover all or part of the relevant social security benefits from the person who has received, has arranged for any other person to receive, the social security benefits (hereinafter referred to as “unlawful beneficiary”). <Amended on Mar. 21, 2017> |
| (2) | Where social security benefits have been paid to a person who is not eligible to receive them or when it is found that social security benefits have been overpaid to a beneficiary after any modification or suspension of his/her social security benefits, the head of a livelihood security agency shall immediately order a person in receipt of such social security benefits to return all or part thereof: Provided, That when such social security benefits have been already expended or the beneficiary has any unavoidable reasons, the head of a livelihood security agency may exempt the beneficiary from the return. |
| (3) | The amount of money to be recovered or returned pursuant to paragraph (1) or (2) shall be recovered or returned by providing notice to an unlawful beneficiary or a person in receipt of social security benefits; and if the relevant person fails to make the required payment, it shall be recovered in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 21, 2017; Mar. 24, 2020> |
| (4) | Persons subject to an order for recovery or return prescribed in paragraphs (1) through (3), scope thereof, methods therefor, and other relevant matters shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017> |
CHAPTER III SOCIAL SECURITY INFORMATION
SECTION 1 USE, ETC. OF SOCIAL SECURITY INFORMATION AND SOCIAL SECURITY INFORMATION SYSTEM
| Article 23 (Management of Social Security Information) |
| (1) | The Minister of Health and Welfare may manage the following data or information (hereinafter referred to as “social security information”) using the social security information system so that a livelihood security agency can efficiently select persons entitled to social security benefits, the management of such social security benefits, and other relevant affairs: <Amended on Mar. 21, 2017> |
| 1. | Data or information concerning the current status of social security benefits, including the statutes providing a legal basis, the target and details of security services, budget, etc.; |
| 2. | Data or information concerning personal information, income, property, etc. necessary for the consultation, application, investigation, and eligibility management pursuant to Articles 5 through 22; |
| 3. | Data or information concerning the history of social security benefits received; |
| 4. | Data or information necessary for the Minister of Health and Welfare to conduct the duties delegated or entrusted under Article 51; |
| 5. | Data or information concerning the records of performing business affairs in accordance with the statutes related to social security information, including counseling, application (including the application filed under Article 25 (3)), investigation, determination, provision, recovery, etc.; |
| 6. | Data or information concerning the current status of the provision of social security benefits by private corporations, organizations, or facilities related to social security, and the history of such private corporations, organizations, or facilities receiving subsidies; |
| 7. | Other data or information necessary for the provision and management of social security benefits and the establishment and operation of the social security information system, which shall be prescribed by Presidential Decree. |
| (2) | The Minister of Health and Welfare may, in order to manage social security information, request for the provision of necessary data or information from the heads of relevant central administrative agencies, the heads of local governments, or the heads of related institutions, corporations, organizations, or facilities. In such cases, the heads of relevant central administrative agencies, etc. shall comply with such request unless there is a compelling reason not to do so. |
| (3) | The heads of private corporations, organizations, or facilities related to social security shall proactively cooperate for the efficient operation of the social security information system. |
| (4) | The Minister of Health and Welfare may provide support necessary for the utilization of social security information for forecast surveys, research and development, etc. conducted in relation to social security. |
| (5) | The methods, procedures, etc. for the management of social security information shall be prescribed by Presidential Decree. |
| Article 24 (Use of Social Security Information System, and Relevant Matters) |
| (1) | The head of a livelihood security agency may, in order to efficiently conduct the duties under Articles 5 through 22, use the social security information system or use it in conjunction with other operation systems under its control. In this case, the head of a livelihood security agency shall consult with the Minister of Health and Welfare, specifying the data or information to be managed using the social security information system, the scope of such data or information, the purpose and method of managing such data or information, the institution holding the relevant data or information (hereinafter referred to as “information-holding institution”), etc. |
| (2) | The Minister of Health and Welfare may, in order to eliminate social security blind spots, provide information managed by using the social security information system to the head of a livelihood security agency, and when necessary, the head of a livelihood agency may support the heads of corporations, organizations or facilities determined by Presidential Decree to utilize such information by acquiring consent from persons in need of support. |
| (3) | The head of a livelihood security agency shall not use social security information from the social security information system for any purpose other than for the purposes prescribed in this Act. <Amended on Mar. 21, 2017> |
| (4) | Where the Minister of Health and Welfare provides social security information pursuant to paragraph (2), he/she shall provide the minimum necessary social security information in consideration of the purpose of use. |
| (5) | The scope, method, procedures, etc. for using the social security information system, other than those prescribed in paragraphs (1) through (4), shall be prescribed in Presidential Decree. |
| Article 25 (Establishment of Public Portal and Relevant Matters) |
| (1) | The Minister of Health and Welfare shall establish, manage, and promote the use of the Internet-based public portal that provides online services to citizens who need social security benefits, including searching, inquiring in, etc. data or information related to social security services. |
| (2) | The Minister of Health and Welfare and the head of a livelihood security agency shall endeavor to utilize advanced information and communications technologies, such as the public portal referred to in paragraph (1) so that citizens who need social security benefits can use social security information. |
| (3) | Any application for social security benefits filed by a citizen using the pubic portal, etc. shall be deemed filed under Articles 5, and Articles 6 through 22 shall apply mutatis mutandis thereto. |
| (4) | Matters necessary for the establishment, management, etc. of the public portal under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 26 (Maintenance of Accuracy of Social Security Information) |
| (1) | The head of an information-holding institution shall endeavor to maintain the accuracy of social security information. |
| (2) | The Minister of Health and Welfare shall periodically update social security information, and if errors are found in the social security information, he/she may request the head of an information-holding institution that has provided source data or information to correct or supplement the relevant data or information. |
| (3) | The head of an information-holding institution which is requested to correct or supplement data or information pursuant to paragraph (2) shall notify the Minister of Health and Welfare of the results of action taken in response to such request: Provided, That when an information-holding institution is a public institution, etc. established under the Act on the Management of Public Institutions, it shall consult with the head of the relevant central administrative agency or local government in advance before submitting the results of such action. |
| Article 27 (Standardization of Social Security Information) |
The Minister of Health and Welfare may standardize various criteria, procedures, methods, forms, etc. related to social security information and present them to the head of each livelihood security agency, so that citizens can use social security benefits conveniently based on the common utilization of social security information. In such cases, the head of a livelihood security agency shall comply therewith unless there is a compelling reason not to do so.
| Article 28 (Consultation on and Adjustment of Social Security Information, etc.) |
| (1) | Where the head of a livelihood security agency or the head of the relevant central administrative agency has opinions regarding the management, etc. of social security information under Article 23; the use of the social security information system under Article 24; the standardization of social security information under Article 27; or the delegation, entrustment, etc. of duties under Article 51, he/she shall consult with the Minister of Health and Welfare, and in cases such consultation is not realized, the Social Security Committee established under Article 20 of the Framework Act on Social Security (hereinafter referred to as "Social Security Committee") shall coordinate such matters. |
| (2) | The Minister of Health and Welfare may operate a social security information council to facilitate consultation pursuant to paragraph (1), and the necessary matters concerning the role, operation, etc. of the social security information council shall be prescribed by Presidential Decree. |
| Article 29 (Korea Social Security Information Service) |
| (1) | In order to operate and support the social security information system, the Korea Social Security Information Service (hereinafter referred to as “Korea Social Security Information Service”) shall be incorporated. <Amended on Dec. 3, 2019> |
| (2) | The Korea Social Security Information Service shall be incorporation. <Amended on Dec. 3, 2019> |
| (3) | The Korea Social Security Information Service shall perform the following duties in accordance with entrustment, etc. pursuant to Article 51 (2): <Amended on Dec. 3, 2019> |
| 1. | The establishment and operation of the social security information system, including its maintenance, functional improvement, management, education, and counseling; |
| 2. | The management of data or information pursuant to Article 12 (1) and the management of social security information; |
| 3. | Support for the electronic processing of affairs, such as applications, receipt, investigations, determination, and recovery, etc. in accordance with statutes, etc. related to the supply of and demand for social security benefits; |
| 4. | The operation of an information system necessary for the use, provision, settlement, etc. of social service vouchers in accordance with the related statutes, etc., including the Act on the Use of Social Services and the Management of Vouchers and the management of businesses that provide social services using social service vouchers; |
| 5. | Support for digitalization for private corporations, organizations, and facilities related to social security; |
| 6. | Generation, analysis, and provision of policy information and statistical information necessary for the operation of the social security system, and investigation and research for supporting social security policies; |
| 7. | The operation of the public portal in accordance with Article 25; |
| 8. | Other business affairs entrusted by the Minister of Health and Welfare, the State, or a local government in accordance with this Act or other statutes. |
| (4) | The Government may contribute or subsidize expenses necessary for the establishment and operation of the Korea Social Security Information Service in order to facilitate the use and provision of social security benefits. <Amended on Dec. 3, 2019> |
| (5) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Korea Social Security Information Service. <Amended on Dec. 3, 2019> |
| (6) | Matters necessary for the establishment, operation, etc. of the Korea Social Security Information Service shall be prescribed by Presidential Decree. <Amended on Dec. 3, 2019> |
| (8) | No person who serves, or formerly served, as an executive officer or employee of the Korea Social Security Information Service shall divulge any confidential information he/she has or had learned during the course of performing his or her duties or misappropriate it. <Amended on Dec. 3, 2019> |
[Title Amended on Dec. 3, 2019]
SECTION 2 PROTECTION OF SOCIAL SECURITY INFORMATION
| Article 30 (Establishment and Implementation of Measures for Protecting Social Security Information) |
| (1) | The Minister of Health and Welfare shall establish and implement protective measures, including physical and technological measures, in order to safely protect the social security information of the social security information system. |
| (2) | The head of the Korea Social Security Information Service shall formulate an action plan for implementing protective measures pursuant to paragraph (1) annually, and submit it to the Minister of Health and Welfare. <Amended on Dec. 3, 2019> |
| (3) | The head of a livelihood security agency that uses the social security information system shall designate a person to oversee security-related affairs (hereafter referred to as “person in charge of information protection” in this paragraph) and notify it to the Minister of Health and Welfare, and matters necessary for the designation, duties, etc. of a person in charge of information protection shall be prescribed by Presidential Decree. |
| Article 31 (Prohibition of Infringement, etc. in Relation to Social Security Information) |
No one shall engage in any of the following conduct when he/she handles social security information: <Amended on Dec. 3, 2019>
| 1. | Forgery, alteration, damage, or deletion to or of, social security information for the purpose of interfering with the management of social security information; |
| 2. | Forgery, alteration, damage, deletion, or leakage to or of social security information without just cause; or the disclosure, distribution, or use of any method or program therefor; |
| 3. | Forgery, alteration, damage, or use to or of the social security information system without just cause; |
| 4. | Management of social security information without legitimate authority or beyond approved authority; |
| 5. | Accessing social security information for purposes other than conducting business affairs. |
| Article 31-2 (Education on Protection of Social Security Information) |
| (1) | The Minister of Health and Welfare shall provide education on the protection of social security information to persons who manage social security information. |
| (3) | Matters regarding the contents, methods, etc. of education prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Dec. 3, 2019]
| Article 32 (Measures for Restoration of Social Security Information System) |
| (1) | When an infringement prescribed in Article 31 of the social security information system takes place, the head of the Korea Social Security Information Service and the head of a livelihood security agency that uses the social security information system shall take measures necessary for the restoration and protection of the social security information system promptly, and notify it to the Minister of Health and Welfare immediately. <Amended on Dec. 3, 2019> |
| (2) | The Minister of Health and Welfare shall provide necessary assistance to expedite the restoration work performed under paragraph (1). |
| Article 33 (Demand for Correction of Infringement in Relation to Social Security Information) |
Where the Minister of Health and Welfare has considerable grounds for judging that infringement in relation to social security information or of the social security information system has occurred, and if it is recognized that there is a possibility of causing damage that is difficult to recover from when such infringement is not dealt with, the Minister of Health and Welfare may request a person who has committed such infringement to take all of the following relevant measures. In such cases, a person in receipt of such request shall comply therewith:
| 1. | Discontinuation of infringement in relation to social security information or of the social security information system; |
| 2. | Temporary suspension of processing such information; |
| 3. | Other necessary measures to protect social security information and to prevent infringement. |
| Article 34 (Destruction of Social Security Information) |
The head of a livelihood security agency and the head of the Korea Social Security Information Service shall destroy social security information after five years of retention thereof: Provided, That the social security information necessary to protect a person in need of support, who shall be prescribed by Presidential Decree, can be retained for at least five years. <Amended on Dec. 3, 2019>
CHAPTER IV REGIONAL PLANS AND OPERATION SYSTEMS FOR SOCIAL SECURITY
SECTION 1 PLANS FOR REGIONAL SOCIAL SECURITY
| Article 35 (Formulation of Plans for Regional Social Security) |
| (1) | The Mayor of the Special Metropolitan City Mayor; the Mayor of each Metropolitan City; the Mayor of each Special Self-Governing City, the Governor of each Do; or the Governor of each Special Self-Governing Province (hereinafter referred to as “Mayor/Do Governor”), and the head of each Si/Gun/Gu shall formulate a plan for regional social security (hereinafter referred to as “regional social security plan”) every four years, and formulate an annual implementation plan in accordance with the regional social security plan every year. In such cases, such a plan shall be correlated to a master plan prescribed in Article 16 of the Framework Act on Social Security. <Amended on Mar. 21, 2017> |
| (2) | The head of a Si/Gun/Gu shall formulate a regional social security plan (including annual implementation plans; hereafter in this Article the same shall apply) of the relevant Si (including an administrative Si referred to in Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), Gun, or Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply) after hearing opinions of interested persons, including local residents; and submit it to the relevant Mayor/Do Governor after undergoing deliberation by the regional social security consultative body established under Article 41 and reporting to the council of the relevant Si/Gun/Gu (in cases of reporting, excluding the head of an administrative Si established under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City). <Amended on Mar. 21, 2017> |
| (3) | A Mayor/Do Governor (excluding the Mayor of a Special Self-Governing City) shall develop a regional social security plan for the relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province, which shall include matters related to support for the relevant Si/Gun/Gu regional social security plan submitted under paragraph (2). <Amended on Mar. 21, 2017> |
| (4) | The Mayor of a Special Self-Governing City shall formulate a regional social security plan by hearing opinions of interested persons, including local residents, etc. <Newly Inserted on Mar. 21, 2017> |
| (5) | A Mayor/Do Governor shall submit a regional social security plan prescribed in paragraphs (3) and (4) to the Minister of Health and Welfare after undergoing deliberation by the relevant City/Do Social Security Committee established under Article 40 and reporting to the council of the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as “City/ Do”). In such cases, the Minister of Health and Welfare shall report the submitted plan to the Social Security Committee. <Newly Inserted on Mar. 21, 2017> |
| (6) | A Mayor/Do Governor or the head of a Si/Gun/Gu may, when it is deemed necessary in formulating a regional social security plan, request provision of data or information and cooperation of institutions, corporations, organizations, or facilities related to social security. <Amended on Mar. 21, 2017> |
| (7) | The head of a livelihood security agency may conduct necessary surveys concerning the actual conditions of social security in a region, local residents’ perception of social security, and so forth (hereinafter referred to as “regional social security surveys”) in order to formulate, support, etc. a regional social security plan, and a Mayor/Do Governor and the head of a Si/Gun/Gu may reflect the result of a regional social security survey when he/she formulates a regional social security plan. <Amended on Mar. 21, 2017> |
| (8) | Where contents of a regional social security plan constitute any of the grounds prescribed Presidential Decree, the Minister of Health and Welfare and a Mayor/Do Governor may recommend that a relevant Mayor/Do Governor and the head of a relevant Si/Gun/Gu to adjust the relevant regional social security plan, respectively. In such cases, the Minister of Health and Welfare may hear the opinions of the heads of relevant central administrative agencies. <Amended on Mar. 21, 2017> |
| (9) | Matters necessary for the formulation of a regional social security plan, and the timing, methods, etc. for conducting a regional social security survey shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2017> |
| Article 36 (Contents of Regional Social Security Plans) |
| (1) | A Si/Gun/Gu regional social security plan referred to in Article 35 (2) shall include the following matters: <Amended on Dec. 11, 2018> |
| 1. | Demand estimation for, goals of, and implementation strategies for regional social security; |
| 2. | Establishment of indicators for checking goals of regional social security (hereinafter referred to as “regional social security indicators”) and their targets; |
| 3. | Promotion strategies for each field of regional social security, key promotion projects, and plans for linkage and cooperation; |
| 4. | Organization and operation of a regional social security delivery system; |
| 5. | Identification of blind spots in the provision of social security benefits, and a plan for support; |
| 6. | Scale of financial resources needed for regional social security, and a plan for their procurement; |
| 7. | Plan for the gathering and management of statistics related to regional social security; |
| 8. | The actual status of unlawful receipt of social security benefits in the region and preventive measures; |
| 9. | Other matters prescribed by Presidential Decree. |
| (2) | A regional social security plan of a relevant Special Metropolitan City, Metropolitan City, Do, or Special Self-Governing Province referred to in Article 35 (3) shall include the following matters: <Amended on Mar. 21, 2017; Dec. 11, 2018> |
| 1. | Goals and strategies for supporting the balanced and effective implementation of social security in a Si/Gun/Gu; |
| 2. | Establishment of regional social security indicators, and their targets; |
| 3. | Plans for establishing infrastructure for the effective use and provision of social security benefits in a Si/Gun/Gu; |
| 4. | Plans for nurturing human resources to be in charge of social security benefits in a Si/Gun/Gu and for improving their professionalism; |
| 5. | Plans for collecting and managing statistical data related to regional social security; |
| 6. | Plans for supporting the measures for preventing unlawful receipt of social security benefits in a Si/Gun/Gu; |
| 7. | Other matters necessary to promote regional social security. |
| (3) | A regional social security plan for a Special Self-Governing City referred to in Article 35 (4) shall include the following matters: <Newly Inserted Mar. 21, 2017> |
| 1. | The matters specified in the subparagraphs of paragraph (1); |
| 2. | Measures for establishing the foundation for the effective use and provision of social security benefits; |
| 3. | Measures for nurturing human resources to be in charge of social security benefits and for enhancing their expertise; |
| 4. | Other matters necessary to promote regional social security. |
| Article 37 (Implementation of Regional Social Security Plans) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall implement a regional social security plan. |
| (2) | If it is deemed necessary for implementing a regional social security plan, a Mayor/Do Governor or the head of a Si/Gun/Gu may provide human resources, technology, financial resources, and other support to private corporations, organizations, or facilities related to social security. |
| Article 38 (Modification of Regional Social Security Plans) |
In the event of any change in the social security environment or the modification, etc. of a master plan for social security formulated under Article 16 of the Framework Act on Social Security, a Mayor/Do Governor or the head of a Si/Gun/Gu may amend a regional social security plan, and Article 35 shall apply mutatis mutandis to the procedures for such modification.
| Article 39 (Evaluation of Implementation Results of Regional Social Security Plans) |
| (1) | The Minister of Health and Welfare may evaluate the results of the implementation of a City/Do regional social security plan, and a Mayor/Do Governor may evaluate the results of the implementation of a Si/Gun/Gu regional social security plan, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Where a Mayor/Do Governor has evaluated pursuant to paragraph (1), he/she shall submit the evaluation results to the Minister of Health and Welfare. The Minister of Health and Welfare shall aggregates and review the evaluation results that have been submitted, and report them to the Social Security Committee. |
| (3) | The Minister of Health and Welfare or a Mayor/Do Governor may, when necessary, reflect the results of evaluation conducted under paragraph (1) in the support as provided under Article 47. |
SECTION 2 OPERATION SYSTEM FOR REGIONAL SOCIAL SECURITY
| Article 40 (City/Do Social Security Committee) |
| (1) | A Mayor/Do Governor shall establish a City/Do Social Security Committee for the enhancement of social security in a City/Do. |
| (2) | A City/Do Social Security Committee shall deliberate and render advice on the following matters: <Amended on Mar. 21, 2017> |
| 1. | Matters related to the formulation, implementation, and evaluation of a City/Do regional social security plan; |
| 2. | Matters related to a City/Do regional social security survey and regional social security indicators; |
| 3. | Matters related to the provision of social security benefits in a City/Do; |
| 4. | Important matters related to the promotion of social security in a City/Do; |
| 5. | Matters related to the composition and operation of a community social security consultative body at Eup/Myeon/Dong level prescribed in Article 41 (7) (limited to a Special Self-Governing City); |
| 6. | Matters related to strengthening the linkage and cooperation with the related institutions, corporations, organizations, and facilities that provide social security-related services (limited to a Special Self-Governing City); |
| 7. | Other matters deemed necessary by the Chairperson. |
| (3) | A City/Do Social Security Committee shall be comprised of persons appointed or commissioned by a Mayor/Do Governor from among the following persons: <Amended on Mar. 21, 2017> |
| 1. | Persons with professional knowledge about or experience in the field of social security; |
| 2. | Representatives of social security-related institutions or organizations; |
| 3. | Persons who represent the interests, etc. of individuals in need of social security services; |
| 4. | Representatives of regional social security consultative bodies established under Article 41 (3); |
| 7. | The chairperson of a community social security consultative body at Eup/Myeon/Dong level referred to in Article 41 (7) (limited to a Special Self-Governing City; and where there are co-chairpersons, it refers to the co-chairperson elected from among civil members); |
| 8. | Public officials in charge of duties related to social security. |
| (4) | None of the following persons shall become a member of a City/Do Social Security Committee: <Amended on Dec. 11, 2018> |
| 2. | A person under adult guardianship or limited guardianship; |
| 3. | A person declared bankrupt who is not yet reinstated; |
| 4. | A person disqualified or whose qualification is suspended by a court ruling; |
| 5. | A person in whose case three years have not passed since imprisonment without labor or greater punishment declared by a court was completely executed (including where the execution of such sentence is deemed completed) or since he/she was exempted from such sentence; |
| 6. | A person under the suspension of the execution of imprisonment without labor or greater punishment declared by a court; |
| (a) | A person subject to a fine of at least one million won, and in whose case five years have not yet passed since the ruling on such sentence became final; |
| (b) | A person sentenced to the suspension of the execution of imprisonment without labor or greater punishment, and in whose case seven years have not yet passed since the suspension period of the execution; |
| (c) | A person in whose case seven years have not passed since his/her imprisonment without labor or greater punishment declared by a court was completely executed (including where such execution is deemed completed) or since he/she was exempted from the sentence; |
| 8. | Notwithstanding subparagraphs 5 through 7, a person sentenced to punishment, or to medical treatment and custody, for a sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes or for a sexual crime against a child or youth as defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses, and in whose case ten years have not yet passed since such punishment or medical treatment and custody was wholly or partially executed (including cases deemed completely executed) or the execution was suspended or exempted after the ruling on such punishment or medical treatment and custody became final. |
| (5) | The head of a livelihood security agency may grant a subsidy to help with the expenses required for the efficient operation of a City/Do Social Security Committee. <Newly Inserted on Apr. 7, 2020> |
| (6) | Matters necessary for the organization and operation of a City/Do Social Security Committee shall be prescribed by ordinance of the relevant City/Do, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Apr. 7, 2020> |
| Article 41 (Regional Social Security Consultative Bodies) |
| (1) | The head of a Si/Gun/Gu shall establish a regional social security consultative body in the relevant Si/Gun/Gu in order to enhance regional social security and to promote the linkage and cooperation with the relevant institutions, corporations, organizations or facilities that provide social security-related services. |
| (2) | A regional social security consultative body shall deliberate and render advice on the following: |
| 1. | Matters related to the establishment, implementation and evaluation of a Si/Gun/Gu regional social security plan; |
| 2. | Matters related to a Si/Gun/Gu regional social security survey and regional social security indicators; |
| 3. | Matters related to the provision of social security benefits in a Si/Gun/Gu; |
| 4. | Matters related to the promotion of social security in a Si/Gun/Gu; |
| 5. | Matters related to the composition and operation of a community social security consultative body at Eup/Myeon/Dong level; |
| 6. | Other matters deemed necessary by the Chairperson. |
| (3) | The members of a regional social security consultative body shall be appointed or commissioned by the head of a Si/Gun/Gu from among the following persons: Provided, That no person falling under Article 40 (4) shall become a member: <Amended on Mar. 21, 2017> |
| 1. | Persons with extensive knowledge about and experience in the field of social security; |
| 2. | Representatives of institutions, corporations, organizations, or facilities that conduct social security activities or provide social security services locally; |
| 4. | The chairperson of a community social security consultative body at Eup/Myeon/Dong level referred to in paragraph (7) (where there are co-chairpersons, it refers to the co-chairperson elected from among civil members); |
| 5. | Public officials in charge of the affairs related social security. |
| (4) | In order to efficiently perform the affairs of a regional social security consultative body, a working-level consultative body shall be established as a subordinate organ of a regional social security consultative body. |
| (5) | The head of a livelihood security agency may provide human and financial resources, including operating expenses, to a regional social security agency to facilitate efficient operation thereof. |
| (6) | Matters necessary for the organization and operation of a regional social security consultative body and a working-level consultative body, other than those prescribed in paragraphs (1) through (5), shall be prescribed by ordinance of the relevant Si/Gun/Gu (referring to ordinance of the relevant Special Self-Governing Province in the case of an administrative Si prescribed in Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Mar. 21, 2017> |
| (7) | In order to efficiently conduct affairs related to social security in each Eup/Myeon/Dong based on the unit of Eup/Myeon/Dong, the Mayor of a Special Self-Governing City and the head of a Si/Gun/Gu shall establish a community social security consultative body at Eup/Myeon/Dong level in the relevant Eup/Myeon/Dong. <Newly Inserted on Mar. 21, 2017> |
| (8) | Matters necessary to organize and operate a community social security consultative body at Eup/Myeon/Dong level referred to in paragraph (7) shall be prescribed by municipal ordinance of the relevant Special Self-Governing City or Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Mar. 21, 2017> |
| Article 42 (Organizations Exclusively in Charge of Social Security Affairs) |
| (1) | The Mayor of a Special Self-Governing City and the head of a Si/Gun/Gu shall establish a system, etc. for cooperation among relevant organizational structures, human resources, and institutions in order to conduct social security-related affairs efficiently, and when it is necessary, an organization exclusively in charge of social security affairs (hereinafter referred to as “organization exclusively in charge of social security affairs”) may be separately established. <Amended on Mar. 21, 2017> |
| (2) | An organization exclusively in charge of social security affairs shall use the social security information system to provide necessary and comprehensive information to eligible beneficiaries; it shall be operated so as to facilitate applications, etc. for social security benefits. |
| (3) | Necessary matters concerning the scope of affairs, organization, operation, etc. of an organization exclusively in charge of social security affairs shall be determined by municipal ordinance of the relevant Special Self-Governing City or Si/Gun/Gu. <Amended on Mar. 21, 2017> |
| Article 42-2 (Integrated Case Management) |
| (1) | In order to enhance social security for persons in need of support, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may conduct integrated case management by providing counseling and guidance in consideration of various and complex characteristics of persons in need of support; conducting a survey on their demands for social security; and formulating a plan for providing necessary services, based on which social security benefits for health, welfare, employment, education, etc. are to be provided in an integrated manner by creating linkages with the services provided by private corporations, organizations, facilities, etc. |
| (2) | Where it is necessary to conduct integrated case management prescribed in paragraph (1), a Special Self-Governing City and a Si/Gun/Gu may have integrated case managers. |
| (3) | For the purpose of providing professional support to projects for integrated case management, the Minister of Health and Welfare may entrust the affairs related to integrated case management to public or private institutions, organizations, etc. |
| (4) | Matters necessary for the qualifications, duties, etc. of integrated case managers referred to in paragraph (2) and other operational matters and those necessary for the entrustment of support for the projects for integrated case management under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Dec. 3, 2019> |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 43 (Public Officials Exclusively in Charge of Social Welfare) |
| (1) | In order to take charge of duties related to social welfare programs, a public official exclusively in charge of social welfare may be assigned to a City/Do, Si/Gun/Gu, Eup/Myeon/Dong, or an organization exclusively for social security affairs. |
| (2) | A public official exclusively in charge of social welfare shall be appointed from among those who have a certificate as a social worker under Article 11 of the Social Welfare Services Act, and his/her appointment and other necessary matters shall be determined by Presidential Decree. |
| (3) | Of the affairs related to social security benefits, a public official exclusively in charge of social welfare shall conduct professional duties related to social welfare as prescribed by Ordinance of the Ministry of Health and Welfare, including counseling and guidance to vulnerable people, and survey of their living conditions. |
| (4) | The State may provide subsidies to fully or partially subsidize expenses incurred in relation to remuneration of public officials exclusively in charge of social welfare. |
| Article 44 Deleted. <Mar. 21, 2017> |
SECTION 3 SUPPORT FOR REGIONAL SOCIAL SECURITY AND EVEN DEVELOPMENT
| Article 45 (Even Development of Regional Social Security) |
The heads of central administrative agencies and a Mayor/Do Governor shall, in order to minimize differences in the levels of social security among Cities/Dos and Sis/Guns/Gus, take necessary measures concerning the allocation of budget, the placement of institutions that provide social security benefits, and so forth.
| Article 46 (Support Center for Even Development of Regional Social Security) |
| (1) | The Minister of Health and Welfare may establish and operate a support center for the even development of regional social security in order to effectively perform such duties as analysis of the current implementation conditions of social security in a City/Do and a Si/Gun/Gu; the evaluation of regional social security plans; and support for the even development of social security between regions. |
| (2) | The Minister of Health and Welfare may entrust the operation of a support center for the even development of regional social security, to a relevant specialized agency. |
| (3) | The establishment and operation of a support center for the even development of regional social security, entrustment of its operation, and relevant matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 47 (Support for Local Governments) |
The head of a central administrative agency may subsidize expenses incurred in conducting social security projects for a Mayor/Do Governor or the head of a Si/Gun/Gu; in such cases, the results of evaluation conducted under to in Article 39 may be reflected.
| Article 48 (Operation of Social Security Special Support Zones) |
| (1) | The head of a central administrative agency or a Mayor/Do Governor may select as a social security special support zone, the permanent rental housing complexes established under the Special Act on Public Housing; residential areas densely populated with low-income people; or other areas which are vulnerable in terms of lack of availability of services in such fields as health, welfare, employment, dwelling, and culture and provide necessary support accordingly. In such cases, the head of a central administrative agency or a Mayor/Do Governor shall consult with the heads of relevant administrative agencies when he/she selects a social security special support zone. <Amended on Aug. 28, 2015> |
| (2) | The selection and support of a social security special support zone provided for in paragraph (1) and other relevant matters shall be prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 49 (Obligation of Confidentiality) |
Any person currently or formerly engaged in any of the following business affairs shall not divulge any confidential information he/she has or had learned in the course of performing his/her duties or use it for any other purpose than for performing his/her duties: <Amended on Dec. 11, 2018>
| 1. | Business affairs related to the provision, management, etc. of benefits under Articles 5 through 22, including application, investigation, determination, verification investigation, and recovery; |
| 2. | Business affairs related to the management, etc. of social security information under Article 23; |
| 3. | Business affairs related to integrated case management prescribed in Article 42-2. |
| Article 50 (Prohibition of Seizure of Social Security Benefits) |
No money and goods paid as social security benefits nor any entitlement thereto receive them shall be seized.
| Article 51 (Delegation and Entrustment of Authority) |
| (1) | Of the authority or duties of the head of a livelihood security agency bestowed under this Act, the following matters may be delegated to the head of an affiliated agency or the head of a local government or entrusted to the Minister of Health and Welfare or the heads of other administrative agencies: |
| 1. | Acceptance of an application filed under Article 5; |
| 2. | Investigation of the demand for social security, the investigation of eligibility, and the investigation for verifying the appropriateness of social security benefits under Articles 6, 7 and 19; |
| 3. | Management of financial information, etc. |
| (2) | The duties of the Minister of Health and Welfare under this Act may be partially entrusted to the Korea Social Security Information Service established under Article 29 or to private corporations, organizations, or facilities related to social security, as prescribed by Presidential Decree. <Amended on Dec. 3, 2019> |
| Article 52 (Support with Human Resources and Subsidization of Expenses at Time of Delegation or Entrustment) |
The head of a livelihood security agency or the Minister of Health and Welfare shall provide personnel necessary for or subsidize expenses incurred in performing the duties delegated or entrusted pursuant to Article 51.
| Article 53 (Accusation and Request for Disciplinary Actions) |
| (1) | The Minister of Health and Welfare shall, when there is good ground to suspect a criminal case for a violation of this Act, file a criminal charge with the competent investigative agency. |
| (2) | The Minister of Health and Welfare may, when there is a good reason to believe that a violation of this Act has occurred, require the head of the relevant institution to take a disciplinary action against a person who is responsible. In such cases, the institution in receipt of such request shall honor it, and report the results thereof to the Minister of Health and Welfare. |
| (3) | The head of a livelihood security agency may, in relation to the affairs under his/her jurisdiction, file a criminal charge with the competent investigative agency against a person who has violated this Act or request the head of the relevant institution to take disciplinary action. In such cases, the institution in receipt of such request for a disciplinary action shall honor it, and inform the Minister of Health and Welfare of the results thereof. |
| Article 53-2 (Payment of Monetary Awards for Reports) |
| (1) | The head of a livelihood security agency may pay a monetary award to a person who reports any of the following within the budget: Provided, That a public official who makes a report in relation to his/her official duties shall be paid no monetary award: |
| 1. | An unlawful beneficiary referred to in Article 22 (1); |
| 2. | Corporations, organizations, and facilities related to social security, including social welfare corporations, social welfare facilities, etc., that have provided social security benefits in violation of statutes or regulations or in any improper manner. |
| (2) | The head of a livelihood security agency shall publicize the matters related to unlawful receipt and the system for monetary awards for reports in order to facilitate reports on unlawful beneficiaries, etc. |
| (3) | Matters necessary for the standards, procedures, and methods for paying monetary awards, the methods for publicity, etc. prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 11, 2018]
CHAPTER VI PENALTY PROVISIONS
| Article 54 (Penalty Provisions) |
| (1) | Any person who violates subparagraph 1 of Article 31 shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won: |
| 1. | A person who has violated Article 29 (8) or 49; |
| 2. | A person who has violated subparagraph 2 of Article 31; |
| 3. | A person who has violated subparagraph 3 of Article 31; |
| 4. | A person who has violated subparagraph 4 of Article 31. |
| (3) | Any unlawful beneficiary of social security benefits described in Article 22 (1) shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won. |
| Article 55 (Administrative Fines) |
| (1) | Any person who collects personal information beyond the scope of investigation prescribed in Article 7 (1) shall be subject to an administrative fine not exceeding 50 million won. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 30 million won: |
| 1. | A person who fails to comply with a corrective order made under Article 33; |
| 2. | A person who fails to destroy social security information as required under Article 34. |
ADDENDA <Act No. 12935, Dec. 30, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Establishment of Social Security Information Institute)
| (2) | Any conduct performed by an organization exclusively in charge of the operation of the information system established under Article 6-3 of the Social Welfare Services Act shall be deemed conduct by the Social Security Information Institute. |
Article 3 (Transitional Measures concerning Formulation of Regional Social Security Plans)
A community welfare plan which has been formulated and implemented under Article 15-3 of the Social Welfare Services Act shall be deemed a regional social security plan until the first regional social security plan is formulated after this Act enters into force. Article 4 (Transitional Measures concerning Establishment of Regional Social Security Plans)
Article 5 Omitted.
Article 6 (Relationship to Other Statutes)
Where any of the provisions of the Social Welfare Services Act is cited by another statute as at the time this Act enters into force, if this Act includes corresponding provisions, such corresponding provisions shall be deemed cited in lieu of the former provisions.
ADDENDA <Act No. 13323, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13499, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Articles 2 through 16 Omitted.
ADDENDA <Act No. 13664, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. <Proviso Omitted>
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 13994, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 14696, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Members of Regional Social Security Consultative Body)
Notwithstanding the amended provisions of Article 41 (3) 4, any person commissioned as a member of a regional social security consultative body pursuant to the former provisions of Article 41 (3) 4, as at the time this Act enters into force, shall be construed as a member of a regional social security consultative body until his/her term of office expires.
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.
ADDENDA <Act No. 15884, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification of Committee Members)
The amended provisions of Article 40 (4) 8 shall begin to apply to sexual crimes defined in Article 2 (1) 1 of the Act on Special Cases concerning the Punishment of Sexual Crimes, which are committed after this Act enters into force.
ADDENDA <Act No. 16737, Dec. 3, 2019>
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 12 (1) 3, 13 (2) 22 and 31 (5) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures upon Name Change of Social Security Information Institute)
| (1) | The Social Security Information Institute under the previous provisions, as at the time this Act enters into force, shall be deemed the Korea Social Security Information Service under this Act. |
| (2) | The Korea Social Security Information Service shall make changes to its articles of incorporation in accordance with the amended provisions of this Act and shall obtain approval thereof from the Minister of Health and Welfare, within three months from the date this Act enters into force. |
| (3) | An act conducted by or against the Social Security Information Institute before this Act enters into force shall be deemed to have been conducted by or against the Korea Social Security Information Service. |
Article 3 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17201, Apr. 7, 2020>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11 (2) and 12 (1) shall enter into force six months after the date of its promulgation.