CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to create an environment where children can enjoy a happy and healthy life by prescribing matters for preventing danger to the life and body of children and ensuring child safety.
| Article 2 (Fundamental Concepts) |
All children, as a foundation of the community, have the right to live and grow safely, and shall be properly protected until they develop the ability to protect themselves.
The terms used in this Act are defined as follows:
| 1. | The term "child" means a person under the age of 13; |
| 2. | The term "guardian" means a person in parental authority, a tutor, or any other person who protects, raises, or educates children or who is obligated to do so, or who is actually protecting and supervising children as a work duty, under employment relations, etc.; |
| 3. | The term "children's facility" means any of the following facilities: |
| (g) | Other facilities prescribed by Presidential Decree, among the facilities that children frequently visit according to the usual way of business; |
| 4. | The term "children's facility management entity" means a person responsible for managing children’s facilities, such as the owner, occupant or manager thereof. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments are responsible for establishing and implementing policies for ensuring children’s safety, and shall take necessary measures to prevent accidents involving children in advance. |
| (2) | The State and local governments shall support necessary matters, such as education, for guardians or children's facility management entities, and endeavor to preferentially secure necessary financial resources. |
| (3) | The State and local governments shall consider a comprehensive child safety plan referred to in Article 7 when establishing major policies, such as mid-to-long term plans and annual implementation plans in accordance with other statutes. |
| Article 5 (Responsibilities of Guardians) |
| (1) | A guardian shall take a primary responsibility for the safety of children, and shall do his or her best to ensure that children grow up in a safe environment. |
| (2) | All citizens shall make efforts to ensure children's safety so that children can enjoy a happy and healthy life. |
| (3) | All citizens shall actively participate in and cooperate with the policies on children’s safety implemented by the State or local governments. |
| Article 6 (Relationship to Other Statutes) |
Except as expressly provided in other statutes, this Act shall apply to ensuring the safety of children and education for children’s safety.
CHAPTER II SYSTEM FOR ESTABLISHING AND IMPLEMENTING CHILD SAFETY POLICIES
| Article 7 (Formulation of Comprehensive Child Safety Plans) |
| (1) | The Minister of the Interior and Safety shall formulate a comprehensive child safety plan (hereinafter referred to as “comprehensive plan”) every five years, and finalize it after deliberation by the Central Safety Management Committee referred to in Article 9 of the Framework Act on the Management of Disasters and Safety. The same shall also apply when amending a comprehensive plan. |
| (2) | A comprehensive plan shall contain each of the following matters: |
| 1. | Basic goals for ensuring children’s safety and direction-setting for the implementation thereof; |
| 2. | Major tasks by relevant Ministry and implementation methods therefor; |
| 3. | Related basic research and research plans; |
| 4. | Scale of necessary financial resources and their procurement plans; |
| 5. | Matters concerning establishing a foundation for children’s safety, system improvement, and evaluation; |
| 6. | Other matters necessary to ensure and manage children’s safety. |
| (3) | Necessary matters concerning the procedures for establishing a comprehensive plan and other relevant details shall be prescribed by Presidential Decree. |
| Article 8 (Formulation and Execution of Annual Implementation Plans) |
| (1) | The heads of relevant central administrative agencies and the heads of local governments shall formulate and execute a child safety implementation plan (hereinafter referred to as "implementation plan") annually in accordance with a comprehensive plan. |
| (2) | The heads of relevant central administrative agencies and the heads of local governments shall submit an implementation plan and the results of executing an implementation plan for the preceding year to the Minister of the Interior and Safety; the Minister of the Interior and Safety shall sum up them and report thereon to the competent standing committee of the National Assembly. |
| (3) | Where the Minister of the Interior and Safety deems that an implementation plan submitted pursuant to paragraph (2) needs to be supplemented, he or she may request that the head of the relevant central administrative agency or the head of the relevant local government supplement the submitted plan. In such cases, the head of the relevant central administrative agency or local government shall supplement and submit the implementation plan, except in any extenuating circumstance. |
| (4) | The head of a relevant central administrative agency or local government may request that a specialized institution or expert in the relevant field conduct investigation and analysis necessary to formulate an implementation plan. |
| (5) | The formulation, execution, inspection, and submission of and report on an implementation plan, the submission of and report on the execution results thereof, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 9 (Business Cooperation) |
| (1) | Where it is necessary to formulate a comprehensive plan or to formulate and execute an implementation plan, the State and local governments my hear opinions of related public officials or experts, or request cooperation of related institutions or organizations, including provision of information and presentation of opinions. |
| (2) | Any person in receipt of a request for cooperation pursuant to paragraph (1) shall comply with such request, in the absence of good cause. |
CHAPTER III INVESTIGATIONS FOR CHILDREN’S SAFETY
| Article 10 (Fact-Finding Surveys for Preventing Accidents) |
| (1) | The Minister of the Interior and Safety, the head of a relevant central administrative agency, or the head of a local government may directly conduct a fact-finding survey, risk assessment, or related research to prevent an accident involving children or entrust it to a specialized institution or expert. |
| (2) | The Minister of the Interior and Safety, the head of a relevant central administrative agency, or the head of a local government may request that the head of a relevant institution or organization submit related data, if necessary for a fact-finding survey referred to in paragraph (1). Any person in receipt of a request for submission of related data shall comply with such request, in the absence of good cause. |
| (3) | Necessary matters pursuant to paragraph (1), including the timing, methods, and procedures for surveys and assessment, shall be prescribed by Presidential Decree. |
| Article 11 (Field Investigations for Prevention of Accidents) |
| (1) | Where a risk has occurred or may occur in relation to children’s safety, the Minister of the Interior and Safety, the head of a relevant central administrative agency, or the head of a local government may require the head of a relevant institution or organization to submit data or a relevant public official to visit children's facilities to inspect related documents, facilities, equipment, etc. |
| (2) | Any public official who makes a visit or inspection pursuant to paragraph (1) shall carry a certificate indicating his or her authority, and present it to interested persons, and may accompany interested persons or experts. |
| (3) | The methods and procedures for field investigations and other necessary matters shall be prescribed by Presidential Decree. |
| Article 12 (Measures according to Findings of Investigations) |
| (1) | After conducting a fact-finding survey or risk assessment referred to in Article 10 or a field investigation referred to in Article 11, the Minister of the Interior and Safety, the head of a relevant central administrative agency, or the head of a local government may recommend improvement or order correction to a guardian or the management entity of children’s facilities. |
| (2) | The Minister of the Interior and Safety, the head of a relevant central administrative agency, or the head of a local government may publicize the findings of fact-finding surveys and risk assessment, and the fact that a corrective order has been issued under paragraph (1). |
| (3) | Matters necessary concerning recommendations and corrective orders referred to in paragraph (1), publication referred to in paragraph (2), and other relevant details shall be prescribed by Presidential Decree. |
CHAPTER IV OBLIGATION TO TAKE MEASURES FOR CHILDREN’S SAFETY
| Article 13 (Obligation of Children’s Facility Management Entities to Take Emergency Measures) |
| (1) | Where any child using a children’s facility becomes an emergency patient defined in subparagraph 1 of Article 2 of the Emergency Medical Service Act due to an illness, accident, or disaster, the management entity or a worker of such children’s facility shall immediately report it to an emergency medical institution, etc. defined in subparagraph 7 of Article 2 of the same Act, and take necessary measures including transporting the child. |
| (2) | The management entity of any children's facility shall independently establish guidelines on emergency measures prescribing the methods and procedures for necessary measures, such as how to identify emergency child patients and how to transport emergency child patients referred to in paragraph (1), and have the workers at the relevant facility be fully aware of them. |
| Article 14 (Obligation to Take Safety Measures for Children) |
| (1) | Where the management entity or a worker of a children’s facility becomes aware of a risk of an accident in connection with his or her duties, he or she shall immediately report it to the head of the competent local government or to a relevant public official, and take necessary actions to protect children. |
| Article 15 (Obligation to Report and Cooperate) |
| (1) | Any person who becomes aware of a child in danger of an accident or the risk of an accident related to products, food products, facilities, structures, etc. used by children shall report it to the head of the competent local government or a relevant public official; if requested by a relevant public official, etc., such person shall offer his or her cooperation. |
| (2) | A relevant public official in receipt of a report referred to in paragraph (1) shall take appropriate measures, such as notifying it to a relevant institution. |
CHAPTER V EDUCATION FOR CHILDREN’S SAFETY
| Article 16 (Child Safety Education) |
| (1) | A children's facility management entity shall provide the workers at the facility with child safety education including first-aid practical training. In such cases, child safety education may be entrusted to an institution specialized in child safety education, as prescribed by Presidential Decree. |
| (2) | The head of a relevant central administrative agency or the head of a local government shall direct and supervise child safety education referred to in paragraph (1), and may directly conduct child safety education if necessary. |
| (3) | The Minister of the Interior and Safety may prepare the standards, etc. for child safety education and provide them to the heads of relevant central administrative agencies or the heads of local governments. |
| (4) | Necessary matters pursuant to paragraphs (1) and (2), including the contents, hours and frequency of child safety education and those subject to the education, shall be prescribed by Presidential Decree. |
| Article 17 (Persons in Charge of Child Safety Management) |
A children’s facility management entity shall designate a child safety manager in connection with each of the following duties:
| 1. | Matters concerning establishment of and education on guidelines on emergency measures referred to in Article 13 (2); |
| 2. | Other matters related to safety management education under other statutes. |
CHAPTER VI PENALTY PROVISIONS
| Article 18 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | A person who submits false data in connection with a field investigation referred to in Article 11 or refuses to submit data without good cause, or who refuses the visit or inspection of a related public officials; |
| 2. | A person who fails to comply with a corrective order referred to in Article 12 (1) without good cause; |
| 3. | A person who takes any disadvantageous measure against a person reporting a risk of an accident on the grounds of making such report, in violation of Article 14 (2). |
| (2) | Any person who fails to take necessary measures, such as immediately reporting to an emergency medical institution, etc. and transporting a child patient, in violation of Article 13 (1), shall be subject to an administrative fine not exceeding three million won. |
| (3) | Administrative fines pursuant to paragraphs (1) and (2) shall be imposed and collected by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu), a superintendent of education, or the head of a district office of education, as prescribed by Presidential Decree. |
Addendum <Act No. 17312, May 26, 2020>
This Act shall enter into force six months after the date of its promulgation.