ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON SOCIAL SECURITY
Wholly Amended by Presidential Decree No. 24263, Dec. 27, 2012
Amended by Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 26308, jun. 9, 2015
Presidential Decree No. 26350, jun. 30, 2015
Presidential Decree No. 26683, Nov. 30, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28862, May 1, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 30640, Apr. 28, 2020
Presidential Decree No. 30825, Jul. 7, 2020
| Article 2 (Estimation of Financial Needs for Social Security Projects) |
| (1) | To estimate financial needs for social security projects pursuant to Article 5 (4) of the Framework Act on Social Security (hereinafter referred to as the “Act”), the Minister of Health and Welfare shall, after deliberation by the social security committee (hereinafter referred to as the "Committee"), prepare detailed guidelines for estimating financial needs by no later than March 31st of the year the financial needs are estimated. In such cases, the detailed guidelines for estimation of financial needs shall include the detailed scope of financial estimation, method of conducting the estimation, implementation system and method/procedure of public announcement etc., thereof. |
| (2) | The Minister of Health and Welfare shall, in accordance with the detailed guidelines for estimation of financial needs under paragraph (1), estimate financial needs by September 30th of the year the financial needs are estimated, and shall report the estimation to the head of the relevant central administrative agency by October 31st of the same year after deliberation thereof by the Committee. |
| (3) | The head of the relevant central administrative agency shall, based on the results of the estimation of financial needs under paragraph (2), prepare a policy-improvement plan and submit it to the Minister of Health and Welfare by December 31st of the same year. |
| (4) | The Minister of Health and Welfare shall consolidate the policy-improvement plan he or she received pursuant to paragraph (3), and report it to the Committee by March 31st of the year immediately following the year the financial needs were estimated. |
| Article 3 (Formulation of Master Plan for Social Security) |
| (1) | For efficient formulation of the master plan for social security pursuant to Article 16 (1) of the Act (hereinafter referred to as "master plan"), the Minister of Health and Welfare shall prepare guidelines for formulating the master plan and notify it to the head of the relevant central administrative agency. |
| (2) | The head of the relevant central administrative agency shall, in accordance with the guidelines for formulating the master plan which he or she was notified pursuant to paragraph (1), formulate a draft master plan for each relevant matter and submit it to the Minister of Health and Welfare; and the Minister of Health and Welfare shall prepare a consolidated master plan and confirm the master plan in accordance with the procedure under Article 16 (3) of the Act. |
| 1. | Basic objectives of, and mid- and long-term direction-setting for, the implementation of social security; |
| 2. | Major tasks to be implemented and the methods for implementing such; |
| 3. | Scale of required financial needs and the methods of funding the financial needs; |
| 4. | Other matters, etc. concerning the systems for delivering social security services for which deliberation by the Committee is deemed necessary. |
| Article 4 (Relationship with Other Plans) |
| (1) | Any plans concerning social security formulated pursuant to other Acts and subordinate statutes shall reflect the main details of the master plan. |
| (2) | Where the head of the relevant central administrative agency formulates/alters a plan on the social security under his or her jurisdiction, he or she shall notify it to the Minister of Health and Welfare. |
| (3) | The Minister of Health and Welfare shall consolidate the matters, which the head of the relevant central administrative agency notified pursuant to paragraph (2), and report it to the Committee. |
| Article 5 (Formulation and Submission of Annual Implementation Plan) |
| (1) | For efficient formulation and implementation of an implementation plan for the responsible major policies on social security under Article 18 (1) of the Act (hereinafter referred to as "implementation plan"), the Minister of Health and Welfare shall prepare guidelines for formulation of the following year’s implementation plan and notify them to the head of the relevant central administrative agency by December 31st of each year. |
| (2) | Pursuant to Article 18 (2) of the Act, the head of the relevant central administrative agency shall prepare an implementation plan for his or herjurisdiction in accordance with the guidelines in paragraph (1) and submit it to the Minister of Health and Welfare by January 31st of each year; and the Minister shall consolidate/review and refer it to the Committee for deliberation thereon. |
| (3) | Where the implementation plan is confirmed after deliberation thereof by the Committee, the Minister of Health and Welfare shall without delay notify it to the head of the relevant central administrative agency. |
| Article 6 (Evaluation of Implementation Plan) |
| (1) | The Minister of Health and Welfare shall, pursuant to Article 18 (5) of the Act, prepare guidelines for evaluating implementation performance pursuant to the implementation plan and notify them to the head of the relevant central administrative agency by January 31st of each year; and the relevant central administrative agency shall evaluate performance of implementation of the immediately preceding year’s implementation plan in accordance with the notified guidelines for evaluation and submit the evaluation results to the Minister of Health and Welfare be March 31st of each year. |
| (2) | The Minister of Health and Welfare shall consolidate and review the evaluation results submitted by the head of the relevant central administrative agency pursuant to paragraph (1), and notify the results to the head of the relevant central administrative agency by September 30th of each year after deliberation thereof by the Committee. |
| (3) | The head of the relevant central administrative agency shall reflect the evaluation results notified pursuant to paragraph (2) in the following year’s implementation plan. |
| Article 7 (Formulation and Implementation of Regional Plans for Social Security) |
| (1) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and the Governor of a Special Self-Governing Province (hereinafter referred to as “Mayor/Do Governor”), the head of a Si (including an administrative mayor provided for by Article 11 (1) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City), and the head of a Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), formulates plans for regional social security (hereinafter referred to as "regional plans"), he or she shall submit such plans to the heads of the competent central administrative agencies pursuant to Article 19 (1) of the Act. <Amended on Jan. 22, 2016> |
| (2) | The heads of the competent central administrative agencies shall submit regional plans received pursuant to paragraph (1), to the Minister of Health and Welfare. |
| (3) | Where the master plan is formulated or amended, the relevant Mayor/Do Governor or head of a Si/Gun/Gu shall include the formulated or amended matters in the relevant regional plan, to ensure that the regional plan is linked to the master plan in accordance with Article 19 (2) of the Act. |
| (4) | Where the content of a relevant regional plan is inconsistent with the master plan or other cases deemed necessary, the head of the relevant central administrative agency may recommend that the relevant Mayor/Do Governor or head of Si/Gun/Gu adjust the aforementioned regional plan. |
| (5) | Where necessary, the head of the relevant central administrative agency may evaluate performance of implementation of a relevant regional plan in accordance with the relevant Acts and subordinate statutes; and upon such evaluation, he or she shall report the results to the Minister of Health and Welfare. |
| (6) | The Minister of Health and Welfare shall consolidate and review the evaluation results submitted by the head of the relevant central administrative agency pursuant to paragraph (5), and report the results to the Committee. |
| Article 7-2 (Submission of Results of Operation and Improvement of Social Security System) |
The head of the relevant central administrative agency and local government shall submit to the Minister of Health and Welfare the outcomes from operating or improving the social security system under Article 20 (4) of the Act. [This Article Newly Inserted on Jun. 9, 2015]
| Article 8 (Responsibilities of Chairperson) |
| (1) | The chairperson of the Committee shall represent the Committee and exercise overall control of the affairs of the Committee. |
| (2) | Where the chairperson is unable to perform any of his or her duties in extenuating circumstances, one of the deputy chairpersons in the order of preliminary designation by the chairperson shall act on behalf of the chairperson; and where both the chairperson and the deputy chairperson are unable to perform any of their duties in extenuating circumstances, a member of the Committee preliminarily designated by the chairperson shall act on behalf of the chairperson. |
| Article 9 (Members of Committee) |
| (1) | “Heads of the relevant central administrative agencies prescribed by Presidential Decree” in Article 21 (3) 1 of the Act means the Minister of Justice, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of the Office for Government Policy Coordination and the Minister of Patriots and Veterans Affairs. <Amended on Mar. 23, 2013> |
| (2) | The Committee shall appoint two secretaries and they shall be the Chief Social Policy Coordination Officer of the Office for Government Policy Coordination and the Chief Officer for Social Welfare Policy of the Ministry of Health and Welfare. <Amended on Mar. 23, 2013> |
| Article 9-2 (Dismissal of Committee Members) |
Where a committee member mentioned in Article 21 (3) 2 of the Act falls within any of the following cases, the President may dismiss the relevant committee member: | 1. | Where the member becomes unable to perform duties due to physical or mental disorder; |
| 2. | Where the member commits any misconduct in relation to his or her duties; |
| 3. | Where the member is deemed unfit and unqualified to be a member due to dereliction of duty, injury to dignity, or other reasons. |
| 4. | Where the member voluntarily expresses his or her intention that it is impracticable to perform his or her duties. |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 10 (Meetings of Committee) |
| (1) | The chairperson shall convene and preside over meetings of the Committee. |
| (2) | The chairperson shall notify the date, time, venue, and agenda of a meeting of the Committee to the members of the Committee by no later than seven days prior to the date of holding the meeting: Provided, That where any inevitable reasons arise, he or she may notify the same by the date immediately preceding the date of meeting. |
| (3) | The convocation of meetings of the Committee shall require attendance of the majority of all incumbent members of the Committee, and the resolution of the meetings shall require consent of the majority of those members present. |
| (4) | If necessary for deliberation by the Committee, the Committee may request the heads, affiliated public officials/employees or professionals of the relevant central administrative agencies, local governments and public institutions to attend a meeting of the Committee, in order to have them express their opinion or submit necessary data or opinion, etc. to the relevant institution, etc. |
| (5) | For those members of the Committee and the employees or professionals of the relevant institution/group, etc. who have attended the Committee, allowances may be paid and travel expenses reimbursed to them within the budget of the Committee: Provided, That this shall not apply where a public official attends the Committee meeting as part of his or her duties. |
| (6) | Other matters necessary for operation of the Committee shall be included in the Committee’s by-laws by the chairperson of the Committee, subject to the resolution by the Committee. |
| Article 11 (Establishment of Working Committee) |
| (1) | A working committee to be established under the jurisdiction of the Committee pursuant to Article 21 (6) of the Act (hereinafter referred to as “working committee”) shall review each of the following matters: <Amended on Jun. 9, 2015> |
| 1. | Matters concerning the agenda items to be reviewed by the Committee; |
| 2. | Matters, the review of which was ordered by the Committee; |
| 3. | Matters concerning the results of operating or improving the social security system which was submitted pursuant to Article 7-2; |
| 4. | Other matters necessary for operating the working committee. |
| (2) | “Insignificant matters prescribed by Presidential Decree” in the proviso to Article 21 (7) of the Act means each of the following: |
| 1. | Matters concerning alteration of the implementation plan, while not changing the master plan confirmed pursuant to Article 16 (3) of the Act; |
| 2. | Matters concerning amendment of the master plan, while not changing any important matter prescribed in the subparagraphs of Article 3 (3). |
| (3) | The working committee shall be comprised of not more than 30 members including two co-chairpersons. <Amended on Jun. 9, 2015> |
| (4) | The co-chairpersons of the working committee shall be the Minister of Health and Welfare and the person nominated by the Prime Minister from among the committee members commissioned pursuant to Article 21 (3) 2 of the Act; and the members of the working committee shall be the following persons: <Amended on Jun. 9, 2015; Jul. 26, 2017> |
| 1. | Vice Minister of Economy and Finance, Vice Minister of Education, Vice Minister of Justice, Vice Minister of the Interior and Safety, Vice Minister of Culture, Sports and Tourism, Vice Minister of Agriculture, Food and Rural Affairs, Minister of Trade, Industry and Energy, Vice Minister of Health and Welfare, Vice Minister of Environment, Vice Minister of Employment and Labor, Vice Minister of Gender Equality and Family, Vice Minister of Land, Infrastructure and Transport; Second Vice Minister of Government Policy Coordination, Vice Minister of Patriots and Veterans Affairs. Where a Ministry has more than one Vice Minister, the Minister shall designate one Vice Minister to serve as the member of the working committee; |
| 2. | A person commissioned by the Minister of Health and Welfare, based on the area of expertise and gender, etc., from among persons with abundant knowledge and experience in the relevant areas, such as social security, social welfare for the community, economics and employment. |
| (5) | The term of office of the working committee members shall be two years: Provided, That the term of office of members who are public officials shall coincide with their term as public officials. |
| (6) | The term of a working committee member, among the members of the working committee, newly commissioned due to resignation, etc. of his or her predecessor shall be the remainder of his or her predecessor’s term of office. |
| (7) | The working committee shall have one secretary to be nominated by the Minister of Health and Welfare from among the public officials in general service belonging to the Senior Executive Service. <Amended on Jun. 9, 2015> |
| (8) | With regard to the responsibilities of the chairperson of the working committee and the operation of the committee’s meetings, Articles 8 (1) and 10 shall apply mutatis mutandis. |
| Article 11-2 (Dismissal of Working Committee Members) |
Where a working committee member mentioned in Article 11 (4) 2 falls within any of the following cases, the Minister of Health and Welfare may dismiss the relevant working committee member: | 1. | Where the member becomes unable to perform duties due to physical or mental disorder; |
| 2. | Where the member commits any misconduct in relation to his or her duties; |
| 3. | Where the member is deemed unfit and unqualified to be a member due to dereliction of duty, injury to dignity, or other reasons. |
| 4. | Where the member voluntarily expresses his or her intention that it is impracticable to perform his or her duties. |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 12 (Establishment of Specialized Sub-Committee) |
| (1) | The specialized sub-committees for each area of expertise (hereinafter referred to as “specialized sub-committee”) to be established under the jurisdiction of the working committee pursuant to Article 21 (6) of the Act shall be as follows: <Amended on Jun. 9, 2015; May 1, 2018> |
| 1. | The specialized sub-committee for planning; |
| 2. | The specialized sub-committee for coordination of systems; |
| 3. | The specialized sub-committee for evaluation; |
| 4. | The specialized sub-committee for financing and statistics; |
| 5. | Other specialized sub-committees deemed necessary by the chairperson of the working committee. |
| (2) | The specialized sub-committee shall be comprised of not more than 15 members, including one chairperson. |
| (3) | The chairperson of the specialized sub-committee shall be nominated by the Minister of Health and Welfare from among the members of the specialized sub-committee prescribed in the subparagraphs of paragraph (4). <Amended on Jun. 9, 2015; May 1, 2018> |
| (4) | The specialized sub-committee shall be comprised of the following persons: <Amended on Jun. 9, 2015; May 1, 2018> |
| 2. | Members of the working committee prescribed in Article 11 (4) 2; |
| 3. | A person commissioned by the Minister of Health and Welfare, based upon the area of expertise and gender, etc., from among the persons (including experts recommended by the consultative group which is comprised of the heads of local governments pursuant to Article 165 of the Local Autonomy Act) with abundant knowledge and experience in the relevant areas such as social security, social welfare for the community, economics and employment, etc. |
| 4. | Any of the following persons: |
| (a) | A person appointed by the Minister of Health and Welfare, from among Grade IV or higher-ranking public officials in the Ministry of Health and Welfare; |
| (b) | A person commissioned by the Minister of Health and Welfare, upon recommendation by the head of the relevant agency, from among Grade IV or higher-ranking public officials in the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture, Food and Rural Affairs, the Ministry of Trade, Industry and Energy, the Ministry of Environment, the Ministry of Employment and Labor, the Ministry of Gender Equality and Family, the Ministry of Land, Infrastructure and Transport, the Office for Government Policy Coordination, and the Ministry of Patriots and Veterans Affairs. |
| (5) | Not more than three members of a standing committee may be assigned to each of the specialized sub-committees, from among the persons holding a doctorate degree in the relevant areas such as social security, social welfare for the community, economy and employment, and other persons with abundant knowledge and experience in the aforementioned areas. |
| (6) | Research and travel expenses may be reimbursed, within budgetary limits, for the members of the specialized sub-committee, so that they can conduct professional research and study of social security. |
| (7) | Other matters necessary for operating the specialized sub-committee shall be determined by the chairperson of the Committee and the Committee’s by-laws, after resolution thereof by the Committee. |
| Article 12-2 (Dismissal of Specialized Sub-Committee Members) |
Where a specialized sub-committee member mentioned in Article 12 (4) 3 falls within any of the following cases, the Minister of Health and Welfare may dismiss the relevant specialized sub-committee member: | 1. | Where the member becomes unable to perform duties due to physical or mental disorder; |
| 2. | Where the member commits any misconduct in relation to his or her duties; |
| 3. | Where the member is deemed unfit and unqualified to be a member due to dereliction of duty, injury to dignity, or other reasons. |
| 4. | Where the member voluntarily expresses his or her intention that it is impracticable to perform his or her duties. |
[This Article Newly Inserted on Dec. 31, 2015]
| Article 13 (Operation of Secretariat Office) |
| (1) | Where it is necessary for conducting affairs of the Committee or the secretariat office to be established within the Ministry of Health and Welfare pursuant to Article 21 (8) of the Act, the chairperson may consult the heads of the relevant administrative/research agencies or groups, etc. and request secondment or additional post of the public officers or employees who belong to the said agencies or groups. <Amended on Jun. 30, 2015> |
| (2) | Except as provided in paragraph (1), matters necessary for operation of the secretariat office shall be determined by the chairperson of the Committee and the Committee’s by-laws, after resolution thereof by the Committee. <Amended on Jun. 30, 2015> |
[Title of This Article Amended on Jun. 30, 2015]
| Article 14 (Consultation and Operation Plan) |
To facilitate consultation pursuant to Article 26 of the Act, to newly establish or alter a social security system, the Minister of Health and Welfare shall prepare a detailed operation plan, including criteria and procedures for targets for of consultation (hereinafter referred to as “consultation and operation plan”), and notify the heads of central administrative agencies and local governments, by December 31st. of each year.
| Article 15 (Consultation to Newly Establish or Alter Social Security System) |
| (1) | Where the head of the relevant central administrative agency or local government intends to newly establish a social security system pursuant to Article 26 of the Act, he or she shall submit an application for consultation to the Minister of Health and Welfare by April 30th of each year, including the following: |
| 1. | A detailed plan for the project to newly establish the social security system, such as targets for the project, details of assistance, delivery system, etc.; |
| 2. | Matters concerning the grounds to newly establish the social security system; |
| 3. | Expected results of the project to newly establish the social security system; |
| 4. | Matters concerning the scale of the necessary budget to newly establish the social security system; |
| 5. | Other required documents for consultation to newly establish the social security system. |
| (2) | Pursuant to Article 26 (2) of the Act, when matters specified in the following subparagraphs are altered in accordance with the alteration of a social security system (excluding cases where matters prescribed in relevant Acts and subordinate statutes are altered, including inflation rates, the lowest security level, minimum wages, etc.), the heads of the relevant central administrative agencies and local governments shall submit an application for consultation including the matters described in subparagraphs of paragraph (1), to the Minister of Health and Welfare, by April 30th of each year. In such cases, “newly establish” in each subparagraph of paragraph (1) shall be construed as “alter”: <Amended on Nov. 30, 2015> |
| 1. | Standards of selecting the persons eligible for the social security system such as income, property, age, qualification, etc.; |
| 2. | Percentage of a local government’s financial burden, including the central government subsidy; |
| 3. | Other matters as prescribed by the Minister of Health and Welfare, including details of social security benefits and delivery system. |
| (3) | Notwithstanding paragraph (2), where the Minister of Health and Welfare deems necessary to make prior consultation, taking account of the mid- and long-term developmental directions, relationship with existing social security systems, influence on delivery system, etc., he or she may request the head of the relevant central administrative agency or local government to submit an application for consultation as prescribed in paragraph (1). In such cases, the head of the relevant central administrative agency or local government shall submit the application for consultation within 30 days from the date of receipt of such request. |
| (4) | Where it is necessary to newly establish or alter a social security system due to urgent grounds, etc., after the deadline prescribed in paragraph (1) expires, the heads of the relevant central administrative agency and local government shall submit an application for consultation to the Minister of Health and Welfare, immediately upon confirmation of a business plan finalized. |
| (5) | Where necessary data for the consultation is omitted or needs to be supplemented, the Minister of Health and Welfare may request the heads of the relevant central administrative agency and local government to submit, rectify, or supplement the required data by no later than the deadline set by the Minister; and the head of the relevant central administrative agency or local government in receipt of the request shall comply with it, except in extenuating circumstances. |
| (6) | The Minister of Health and Welfare may pre-request the heads of the relevant central administrative agency and local government to submit a draft business plan on a social security system to be newly established or altered, in accordance with the consultation and operation plan notified pursuant to Article 14. |
| (7) | Where the head of a local government consults with the Minister of Health and Welfare pursuant to Article 26 (2) of the Act, the Minister may request opinions from the head of the competent central administrative agency. In such cases, the head of the competent central administrative agency shall submit opinions to the Minister of Health and Welfare within two weeks from the date of receipt of such request, except in extenuating circumstances. <Amended on Jun. 9, 2015> |
| (8) | "Other specialized institutes or organizations prescribed by Presidential Decree" in Article 26 (3) 3 of the Act mean any of the following institutions or organizations: <Newly Inserted on Jul. 7, 2020＞ |
| Article 16 (Handling Results of Consultation) |
| (1) | Upon completion of the consultation on the project for which an application for consultation is submitted pursuant to Article 15 (1), the Minister of Health and Welfare shall report it to the Committee and notify the results thereof to the Minister of Economy and Finance and the Minister of the Interior and Safety. <Amended on Jun. 9, 2015; Jul. 26, 2017> |
| (2) | Deleted. <Feb. 7, 2020> |
| (3) | The Committee shall mediate within 60 days after receipt of the request for mediation prescribed in Article 26 (4) of the Act: Provided, That the Committee may extend the period by up to 30 days where there is any unavoidable reason. <Newly Inserted on May 1, 2018; Jul. 7, 2020> |
| (4) | Where the Committee mediates pursuant to Article 26 (4) of the Act, in receipt of a request for statement or submission of opinions from heads of relevant central administrative agencies or heads of local governments, the Committee shall have them state or submit their opinions. <Newly Inserted on May 1, 2018; Jul. 7, 2020> |
| (5) | The Minister of Health and Welfare shall notify the heads of the relevant central administrative agencies, the Minister of Economy and Finance, the Minister of the Interior and Safety or the heads of the relevant local governments of the results of deliberation or mediation by the Committee prescribed in Article 26 (4) of the Act. <Amended on Jun. 9, 2015; Jul. 26, 2017; May 1, 2018: Jul. 7, 2020> |
| Article 17 (Training on Social Security) |
| (1) | In order to foster professional personnel in the area of social security pursuant to Article 31 of the Act, the Minister of Health and Welfare may provide training on social security for employees of the relevant central administrative agencies, local governments, public institutions and corporations/groups, etc., at least annually. |
| (2) | The head of the relevant central administrative agency and local government may request the Minister of Health and Welfare to provide the training under paragraph (1), if necessary. |
| Article 18 (Submission, Etc. of Social Security Statistics) |
| (1) | In connection with the preparation/submission of the statistics on social security under Article 32 of the Act, the Minister of Health and Welfare shall prepare an instruction for operating the aforementioned statistics which contain the scope of preparation, procedure, etc. and notify the same to the head of the relevant central administrative agency and local government by December 31st of each year. |
| (2) | The relevant central administrative agency and local government shall prepare a list of statistics on social security in their jurisdiction in accordance with the instruction for managing the statistics on social security as prescribed in paragraph (1), submit the list to the Minister of Health and Welfare by January 31st each year, and if the aforementioned list is revised, notify the Minister of Health and Welfare within 30 days from the date of such revision. |
| (3) | Where any part is omitted in the list of statistics on social security received pursuant to paragraph (2), the Minister of Health and Welfare may request the head of the relevant central administrative agency or local government to supplement the omitted part; and the head of the relevant central administrative agency or local government shall comply therewith, except in extenuating circumstances. |
| (4) | The heads of the relevant central administrative agency and local government shall submit to the Minister of Health and Welfare the statistics on social security in their jurisdiction in accordance with the list of the statistics on social security as prescribed in paragraph (2), by the end of February of each year. |
| (5) | Where it is necessary to prepare the statistics on social security, the Minister of Health and Welfare may request the heads of the relevant central administrative agency and local government to submit required statistical data. In such cases, the head of the relevant central administrative agency or local government who has received the request shall comply therewith, except in extenuating circumstances. |
| (6) | Where it is necessary to prepare new statistics on social security in response to the change of socio-economic environment, the Minister of Health and Welfare may request the head of the public institutions as prescribed in subparagraph 5 of Article 3 of the Statistics Act to prepare statistics or submit statistical data necessary therefor. |
| Article 18-2 (Institutions Eligible to be Entrusted with Estimation of Financial Needs for Social Security Projects and Social Security Statistics in Private Sector) |
"Other specialized institutions or organizations prescribed by Presidential Decree" in Article 32-2 (2) of the Act shall mean any of the following institutions or organizations: | 3. | National and public research institutes. |
[This Article Newly Inserted on Jul. 7, 2020]
| Article 19 (Establishment and Operation of Social Security Information System) |
| (1) | The Minister of Health and Welfare may perform the following duties through the social security information system prescribed in Article 37 (2) of the Act: |
| 1. | Management of the recipients of social security benefits and the current status of social security benefits; |
| 2. | Production and management of the statistics on social security; |
| 3. | Digitalization and support of the affairs of ex post facto management such as the application for social security benefits, examination of an applicant’s entitlement to receive social security benefits, review of appropriateness of benefits, redemption of benefits, etc.; |
| 4. | Acquisition, loss, suspension, or alteration of the entitlement for social security benefits and other change management; |
| 5. | Monitoring of fraudulent/repeated receipt of the social security benefits and subsidies; |
| 6. | The social security-related affairs entrusted from the State and local governments pursuant to other Acts and subordinate statutes. |
| (2) | The scope of the information that can be collected, held, used, and provided by the Minister of Health and Welfare in order to operate the social security information system pursuant to Article 37 (5) and (6) of the Act shall be as follows: <Amended on Sep. 18, 2018; Apr. 28, 2020> |
| 1. | The data concerning the social security system and the status of social security beneficiaries such as the standard for selecting and number of social security beneficiaries, details of guarantee, budget, delivery system, etc.; |
| 2. | Data described below, concerning an applicant for social security benefits and a person having the duty to support the applicant that are also necessary for the application of social security benefits, examination of the applicant’s entitlement to receive social security benefits and for the ex post facto management thereof: Provided, That this shall not apply to where the applicant does not need the support of those having the duty to support or where it is not necessary to examine the applicant’s ability to work, income/financial status, etc.: |
| (a) | Personal information, such as digitalized resident registration information and the information on registered family relationship such as the basic family certificate, the family relation certificate, etc.; |
| (b) | Data concerning the income and properties such as land, building, vessel, vehicle, right to purchase a house in parcel, national health insurance, national pension, unemployment insurance, industrial accident compensation insurance, severance pay, veterans benefits, public officials pension, public officials’ accident compensation, military pension, pension for private school teachers and staff, special post office pension, labor incentive, and basic direct payment for public benefit; |
| (c) | Data concerning the applicant’s ability to work and employment status such as his or her immigration record, military service, correction, certificate of business registration, labor information, and health and medical information; |
| 3. | Data concerning the applicant’s history of receiving social security benefits and other records of handling the affairs of application, provision and redemption, etc. in connection with social security benefits; |
| 4. | Data concerning the history of receiving subsidies by social welfare corporations, social welfare facilities, and their relevant institutions and groups; |
| 5. | Other data necessary for handling the affairs of provision and management or entrustment of social security benefits, which is determined by the Minister of Health and Welfare. |
| (3) | In order to perform the duties prescribed in the subparagraphs of paragraph (1), the Minister of Health and Welfare shall periodically renew the data in the subparagraphs of paragraph (2) as determined by the Minister of Health and Welfare. |
| (4) | Where it is essential for performing the duties concerning establishment and operation, etc. of the social security information system as prescribed in Article 37 of the Act and paragraphs (1) through (3), the Minister of Health and Welfare (including the exclusive organization pursuant to Article 37 (7) of the Act) may process health information prescribed in Article 23 of the Personal Information Protection Act (limited to the information concerning health management, medical examination and medical fee support), the information falling under the record of criminal history as prescribed in subparagraph 2 of Article 18 of Enforcement Decree of the same Act, and the data containing the resident registration number, passport number, driver’s license number or foreigner registration number prescribed in subparagraphs 1 through 4 of Article 19 of the same Decree. |
| (5) | The scope, method and procedure of performing the duties prescribed in each subparagraph of paragraph (1) and other necessary matters shall be determined by the Minister of Health and Welfare. |
ADDENDA <Presidential Decree No. 24263, Dec. 27, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 27, 2013.
Article 2 (Applicable Cases Concerning Master Plans)
The master plan to be formulated for the first time pursuant to the amended provision of Article 3 shall apply from January 1, 2014. Article 3 (Relationship with Other Acts and Subordinate Statutes)
In cases where a provision of the former Enforcement Decree of the Framework Act on Social Security is referred to in other Acts and subordinate statutes as at the time this Decree enters into force, if this Decree has a provision corresponding to the former provision, then the corresponding provision under this Decree shall be deemed to have been referred to in lieu of the former provision.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 26308, Jun. 9, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26350, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of promulgation.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among the Decrees amended in accordance with Article 8 of the Addenda, amendments to the Decrees which were promulgated before this Act enters into force, but the dates on which they are to enter into force have yet to arrive, shall enter into force on the respective enforcement dates of the relevant Acts.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28862, May 1, 2018>
This Decree shall enter into force on the date of promulgation.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDA <Presidential Decree No. 30640, Apr. 28, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 1, 2020.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 30825, Jul. 7, 2020>
This Decree shall enter into force on July 8, 2020.