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SOCIAL WELFARE SERVICES ACT

Wholly Amended by Act No. 5358, Aug. 22, 1997

Amended by Act No. 5979, Apr. 30, 1999

Act No. 6160, Jan. 12, 2000

Act No. 6771, Dec. 11, 2002

Act No. 6801, Dec. 18, 2002

Act No. 6960, Jul. 30, 2003

Act No. 7151, Jan. 29, 2004

Act No. 7212, Mar. 22, 2004

Act No. 7428, Mar. 31, 2005

Act No. 7587, Jul. 13, 2005

Act No. 7918, Mar. 24, 2006

Act No. 8655, Oct. 17, 2007

Act No. 8691, Dec. 14, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9766, jun. 9, 2009

Act No. 9932, Jan. 18, 2010

Act No. 10255, Apr. 12, 2010

Act No. 10261, Apr. 15, 2010

Act No. 10426, Jan. 4, 2011

Act No. 10784, jun. 7, 2011

Act No. 10997, Aug. 4, 2011

Act No. 10998, Aug. 4, 2011

Act No. 11002, Aug. 4, 2011

Act No. 11007, Aug. 4, 2011

Act No. 11009, Aug. 4, 2011

Act No. 11239, Jan. 26, 2012

Act No. 11442, May 23, 2012

Act No. 11856, jun. 4, 2013

Act No. 12617, May 20, 2014

Act No. 12618, May 20, 2014

Act No. 12935, Dec. 30, 2014

Act No. 13426, Jul. 24, 2015

Act No. 13999, Feb. 3, 2016

Act No. 13996, Feb. 3, 2016

Act No. 14224, May 29, 2016

Act No. 14325, Dec. 2, 2016

Act No. 14884, Sep. 19, 2017

Act No. 14923, Oct. 24, 2017

Act No. 15022, Oct. 31, 2017

Act No. 15887, Dec. 11, 2018

Act No. 16247, Jan. 15, 2019

Act No. 16738, Dec. 3, 2019

Act No. 17174, Mar. 31, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to ensure human dignity and the right to a life worthy for human beings for individuals in need of social welfare services by providing for basic matters concerning social welfare programs and to contribute to the promotion of social welfare by enhancing professionalism in dealing with social welfare programs, ensuring the fairness, transparency and appropriateness of social welfare programs, establishing a community welfare system, and enhancing the quality of social welfare services. <Amended on Jan. 26, 2012; Oct. 24, 2017>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 1-2 (Basic Ideas)
(1) Any person in need of social welfare services may apply for and be provided with services according to his/her own intention.
(2) Social welfare corporations and social welfare facilities shall have public nature and maintain such public nature in implementing social welfare programs.
(3) In implementing social welfare programs, a person who provides social welfare services shall guarantee the human rights of persons in need of social welfare services.
(4) Any person who provides social welfare services shall guarantee the right of option to those who use social welfare services by providing necessary information, etc. <Newly Inserted on Oct. 24, 2017>
[This Article Newly Inserted on Jan. 26, 2012]
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended on Aug. 4, 2011; Jan. 26, 2012; May 20, 2014; Feb. 3, 2016;May 29, 2016; Oct. 24, 2017>
1. The term "social welfare program" means any program for protection, guidance, or welfare under any of the following Acts, various welfare programs for social welfare counseling, vocational support services, free accommodation, community welfare, medical care, home care services, operation of community welfare centers, and rehabilitation of those who suffer from mental diseases or Hansen's disease, and other programs for providing voluntary services related thereto and for operating or supporting welfare facilities:
(m) Act on the Guarantee of Convenience Promotion of Persons with Disabilities, The Aged, Pregnant, Etc.;
(ab) Other Acts prescribed by Presidential Decree;
2. The term "community welfare" means social welfare provided at a community level to promote welfare and improve the quality of life of residents;
3. The term "social welfare corporation" means any corporation established to implement social welfare programs;
4. The term "social welfare facility" means any facility established to implement social welfare programs;
5. The term "community welfare center" means any establishment in a community equipped with certain facilities and experts, which provides comprehensive welfare services to prevent and tackle community welfare problems through the participation and cooperation of the residents of the community;
6. The term "social welfare service" means any institutional support to improve the quality of life by providing all individuals in need of help from the State, local governments, and the private sector with services through the social welfare services among the social services prescribed in subparagraph 4 of Article 3 of the Framework Act on Social Security;
7. The term "health and medical care" means any activity performed by health and medical practitioners in order to protect and promote the health of the people.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 3 (Relation to other Acts)
(1) Except as otherwise provided for in an Act referred to in any item of subparagraph 1 of Article 2, the provisions of this Act shall apply to the details of and procedures for social welfare programs, and other matters.
(2) Any amendment to an Act referred to in any item of subparagraph 1 of Article 2 shall be made in accordance with the provisions of this Act.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 4 (Responsibility for Promotion of Welfare and Human Rights)
(1) The State and local governments shall be responsible for promoting social welfare services as well as preventing human rights violations, prohibiting discrimination against, and protecting human rights of, individuals using the services. <Amended on Jan. 26, 2012>
(2) The State and local governments shall endeavor to provide individuals in need of social welfare services and health and medical care with such services and care in combination.
(3) The State, local governments, and persons operating social welfare programs shall provide individuals in need of social welfare services with relevant counseling, medical treatment, and vocational training and, if necessary, may investigate residents’ needs for welfare services.
(4) The State and local governments shall endeavor to establish social welfare facilities in a balanced manner, taking into account consumers of social welfare services, etc. so that citizens in need of help may be provided with appropriate social welfare services tailored to their preferences and needs.
(5) The State and local governments shall endeavor to stimulate social welfare promotion activities of the private sector and to ensure close linkages between social welfare programs of the State and local governments and social welfare promotion activities of the private sector.
(6) The State and local governments shall provide social welfare services in a manner that the human rights of persons in need of social welfare services are fully respected and shall enhance human rights education pertaining to social welfare. <Newly Inserted on Jan. 26, 2012>
(7) The State and local governments shall have a rapid response system to deal with emergencies where the human rights of persons using social welfare services are violated. <Newly Inserted on Jan. 26, 2012>
(8) The State and local governments shall endeavor to reflect the wishes of residents in facilities so that they can be provided with services under a regional social protection system. <Newly Inserted on Jan. 26, 2012; Jan. 15, 2019>
(9) The State and local governments shall provide persons in need of social welfare services with information on the provision of such social welfare services. <Newly Inserted on Jan. 26, 2012>
(10) The State and local governments shall prepare streamlined and expedited relief measures for persons whose rights or interests are infringed upon due to any unlawful or unreasonable treatment by those who provide social welfare services. <Newly Inserted on Oct. 24, 2017>
[This Article Wholly Amended on Aug. 4, 2011]
[Title Amended on Jan. 26, 2012]
 Article 5 (Principles of Respect for Human Rights and Maximum Services)
(1) Anyone engaged in the welfare affairs under this Act shall provide maximum services to individuals in need of social welfare services, respecting their human rights without any discrimination. <Amended on Jan. 26, 2012; Oct. 24, 2017>
(2) Where a person engaging in welfare services infringes upon the human rights of another person in need of social welfare in the course of conducting his/her duties, the State and local governments shall take a disposition against such person as prescribed by the Acts in the items of subparagraph 1 of Article 2 and shall take measures for publishing such fact, etc. <Newly Inserted on Oct. 24, 2017>
[This Article Wholly Amended on Aug. 4, 2011]
[Title Amended on Jan. 26, 2012]
 Article 5-2 (Principles to Provide Social Welfare Services)
(1) The provision of social welfare services (hereinafter referred to as "provision of services") to persons in need of social welfare services (hereinafter referred to as "person eligible for protection") shall be made in kind in principle.
(2) Where the head of a Si (including the heads of administrative cities prescribed 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/Gu (referring to the heads of autonomous Gus: hereinafter the same shall apply) requires persons besides the State or local governments to undertake the provision of services prescribed in paragraph (1), he/she may disburse social welfare service coupons (hereinafter referred to as "coupon") to persons eligible for protection so as to enable them to be provided with services by the persons besides the State or local governments with the coupons.
(3) The State and local governments shall prepare policies necessary to improve quality of social welfare services and ensure smooth provision thereof.
(4) In order to control the quality of social welfare services, the State and local governments may evaluate the service environment, expertise of the staff who provide services, etc. of institutions, corporations, facilities and organizations that provide social welfare services.
(5) For evaluations prescribed in paragraph (4), the Minister of Health and Welfare may establish and operate evaluation institutions or entrust the entire or part of evaluation to relevant institutions or organizations.
(6) The Minister of Health and Welfare may subsidize operation of institutions or organizations to which evaluation is entrusted pursuant to paragraph (5).
[This Article Newly Inserted on Oct. 24, 2017]
 Article 6 (Prohibition on Obstruction of Establishment of Facilities)
(1) No one shall obstruct the establishment of a social welfare facility without just cause.
(2) No head of a Si/Gun/Gu shall take any measure to delay or restrict the establishment of a social welfare facility without just cause. <Amended on Jul. 24, 2015; Oct. 24, 2017>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 6-2 (Digitalization of Business of Social Welfare Facilities)
(1) The Minister of Health and Welfare may construct and operate an information system to efficiently process information necessary for operation, such as data on persons engaging in, dwelling in and using social welfare corporations and social welfare facilities, and to digitalize the business to record and manage such information.
(2) The Minister of Health and Welfare may collect, manage and keep data necessary to construct and operate the information system prescribed in paragraph (1) and may request the relevant institutions and organizations to provide him/her with necessary data. In such cases, any institutions and organizations in receipt of such request shall comply therewith unless an extenuating circumstance exists.
(3) The head of each local government shall utilize the information system prescribed in paragraph (1) by electronically connecting it with the welfare administration system under his/her jurisdiction in providing social welfare services.
(4) The representative directors of social welfare corporations and the heads of social welfare facilities shall render cooperation for the policy to digitalize social welfare programs the State and local governments implement.
(5) For the efficient operation of the information system prescribed in paragraph (1), the Minister of Health and Welfare may entrust the operation of such system to exclusive organizations prescribed in Article 37 (7) of the Framework Act on Social Security.
[This Article Wholly Amended on Jun. 24, 2017]
 Article 6-3 Deleted. <Oct. 24, 2017>
 Article 7 Deleted. <Oct. 24, 2017>
 Article 7-2 Deleted. <Oct. 24, 2017>
 Article 8 Deleted. <Oct. 24, 2017>
 Article 9 (Support for and Promotion of Voluntary Activities for Social Welfare Programs)
(1) The State and local governments shall perform the following to support and promote voluntary activities for social welfare programs:
1. Publicity for and education on voluntary activities for social welfare programs;
2. Development and dissemination of voluntary activity programs;
3. Development of preventive measures against accidents that might occur in the course of performing voluntary activities for social welfare programs;
4. Other affairs necessary for supporting voluntary activities for social welfare programs.
(2) The State and local governments may entrust a social welfare corporation or non-profit corporation or organization with any affair referred to in the subparagraphs of paragraph (1) to ensure the efficient implementation thereof.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 10 (Guidance and Training)
(1) The Minister of Health and Welfare may provide guidance and training required to improve the quality of public officials who perform duties involved in the enforcement of this Act or other social welfare-related Acts and persons who implement social welfare programs, including human rights education. <Amended on Jan. 26, 2012>
(2) Matters necessary for training under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 11 (Issuance of Certificates of Social Workers, etc.)
(1) The Minister of Health and Welfare may issue a social worker certificate to a person who has extensive knowledge of and skills in social welfare: Provided, That no certificate of qualification shall be issued to a person who falls under the grounds for disqualification referred to in Article 11-2 as of the date on which an application for issuance of the certificate of qualification is filed. <Amended on Dec. 3, 2019>
(2) The grades of social workers under paragraph (1) shall be classified into grade 1 and grade 2, and standards for qualification by grade and procedures for the issuance of certificates of social workers shall be prescribed by Presidential Decree. <Amended on Oct. 24, 2017>
(3) Any person who intends to obtain a social worker certificate of grade 1 shall pass the relevant State examination.
(4) The Minister of Health and Welfare may require a person who applies for the issuance or re-issuance of a social worker certificate pursuant to paragraph (2) to pay the relevant fees, as prescribed by Ordinance of the Ministry of Health and Welfare.
(6) No person issued a social worker certificate pursuant to paragraph (1) shall lend it to another person, and no person shall borrow it. <Newly Inserted on Mar. 31, 2020>
(7) No person shall not arrange acts prohibited under paragraph (6). <Newly Inserted on Mar. 31, 2020>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 11 (Issuance of Certificates of Social Workers, etc.)
(1) The Minister of Health and Welfare may issue a social worker certificate to a person who has extensive knowledge and skills in social welfare: Provided, That no certificate of qualification shall be issued to a person who falls under the grounds for disqualification referred to in Article 11-2 as of the date on which an application for issuance of the certificate of qualification is filed. <Amended on Dec. 3, 2019>
(2) The grades of social workers under paragraph (1) shall be classified into grade 1 and grade 2, and a certificate of social worker for mental health, medicine or school shall be granted by each sector in the sectors of mental health, medicine and school. <Amended on Oct. 24, 2017; Dec. 11, 2018>
(3) A social worker certificate of grade 1 shall be granted to a person who passes the relevant State examination, and a certificate of social worker for mental health, medicine or school shall be granted to a person who has undergone training in a training institution prescribed by Ordinance of the Ministry of Health and Welfare, among those who have a social worker certificate of grade 1. <Amended on Dec. 11, 2018>
(4) The standards for qualification of social workers by grade and sector, the procedures for the issuance of certificates under paragraph (2), and other matters shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 11, 2018>
(5) The Minister of Health and Welfare may require a person who applies for the issuance or re-issuance of a social worker certificate pursuant to paragraph (4) to pay the relevant fees, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Dec. 11, 2018>
(6) No person issued a social worker certificate pursuant to paragraph (1) shall lend it to another person, and no person shall borrow it. <Newly Inserted on Mar. 31, 2020>
(7) No person shall not arrange acts prohibited under paragraph (6). <Newly Inserted on Mar. 31, 2020>
[This Article Wholly Amended on Aug. 4, 2011]
[Enforcement Date: Dec. 12, 2020] Article 11
 Article 11-2 (Grounds for Disqualification of Social Workers)
None of the following persons shall become a social worker: <Amended on Oct. 24, 2017>
1. A person under adult guardianship or a person under limited guardianship;
2. A person sentenced to imprisonment without labor or heavier punishment, for whom the execution thereof has not been terminated or who has not been confirmed not to undergo the execution thereof;
3. A person disqualified or whose qualification is suspended by a court ruling;
4. An addict of narcotics, hemp or psychotropic drugs;
5. A mental patient prescribed in subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients: Provided, That the same shall not apply to persons recognized by medical specialists to be suitable to become social workers.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 11-3 (Revocation of Qualification, etc. of Social Workers)
(1) Where a social worker falls under any of the following cases, the Minister of Health and Welfare may revoke the qualification, or suspend the qualification for up to one year: Provided, That he/she must revoke the qualification in cases falling under subparagraphs 1 through 3:
1. Where a social worker becomes qualified by fraud or other improper means;
2. Where a social worker falls under any subparagraph of Article 11-2;
3. Where a social worker lends or takes over, or forges or modifies his/her certificate of qualification;
4. Where a social worker causes damage to other persons intentionally or by gross negligence in connection with his/her qualification in the course of conducting his/her duties;
5. Where a social worker has been subject to the disposition of suspension of qualification at least three times, or commits an act again which is subject to the disposition of suspension of qualification within three years from the date the period of suspension of qualification terminates;
6. Where a social worker conducts duties related to the qualification during the period of suspension of qualification by using his/her certificate of qualification.
(2) Where the Minister of Health and Welfare intends to revoke or suspend the qualification of a social worker who falls under paragraph (1) 4, the Minister may hear the opinions of the relevant experts, such as the head of the Korea Association of Social Workers referred to in Article 46. <Newly Inserted on Mar. 31, 2020>
(3) Any person whose qualification is revoked under paragraph (1) shall return the certificate of qualification to the Minister of Health and Welfare within 15 days from the date of revocation. <Amended on Mar. 31, 2020>
(4) The Minister of Health and Welfare shall not re-issue certificates of social worker to persons whose certificates are revoked pursuant to paragraph (1), within two years from the date their certificates are revoked. <Newly Inserted on Oct. 24, 2017; Mar. 31, 2020>
[This Article Newly Inserted on Feb. 3, 2016]
 Article 11-4 (Prohibition of Use of Similar Names)
No person shall use the name of a social worker or other names similar thereto unless he/she is a social worker under this Act.
[This Article Newly Inserted on Feb. 3, 2016]
 Article 12 (State Examinations)
(1) The Minister of Health and Welfare shall administer State examinations referred to in Article 11 (3) and may entrust the administration of the State examinations to the relevant specialized institution deemed capable of administering such State examinations, as prescribed by Presidential Decree.
(2) Where the Minister of Health and Welfare entrusts the administration of State examinations under paragraph (1), he/she may provide subsidies to cover expenses incurred therein within budgetary limits.
(3) The specialized institution entrusted with the administration of examinations under paragraph (1) may receive an amount of money set with the approval of the Minister of Health and Welfare as an examination application fee.
(4) Subjects of examinations, qualifications for application for the examinations, and other matters necessary for administering the examinations shall be determined by Presidential Decree.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 13 (Employment, Training, etc. of Social Workers)
(1) Any person who establishes and operates a social welfare corporation or social welfare facility shall, as prescribed by Presidential Decree, employ qualified social workers as employees of such corporation or facility, and report matters concerning the appointment and dismissal of social workers to the Special City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor or the Governor of the Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") or to the head of the Si/Gun/Gu in accordance with the methods, frequency, etc. of reporting prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That this shall not apply to social welfare facilities determined by Presidential Decree. <Amended on Feb. 3, 2016; Oct. 24, 2017>
(2) The Minister of Health and Welfare may require a social worker to undergo training if deemed necessary for improving his/her quality: Provided, That a social worker employed by a social welfare corporation or social welfare facility shall regularly undergo refresher training that includes human rights education. <Amended on Jan. 26, 2012>
(3) No person who operates a social welfare corporation or social welfare facility shall give any disadvantage to a social worker employed by such corporation or facility on the ground of training under the proviso of paragraph (2).
(4) The Minister of Health and Welfare may entrust an agency or organization prescribed by Ordinance of the Ministry of Health and Welfare with training under paragraph (2).
(5) A period for, and method and details of, training under paragraph (2) and entrustment under paragraph (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 14 Deleted. <Oct. 24, 2017>
 Article 15 Deleted. <Oct. 24, 2017>
 Article 15-2 (Social Welfare Day)
(1) The State shall designate September 7 as Social Welfare Day and a week beginning on Social Welfare Day as Social Welfare Week in order to raise citizens’ awareness of the importance of social welfare and to encourage social welfare activities performed by persons who engage in social welfare programs.
(2) The State and local governments shall endeavor to implement programs including events serving the purpose of Social Welfare Day.
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER I-2 Deleted.
 Article 15-3 Deleted. <Dec. 30, 2014>
 Article 15-4 Deleted. <Dec. 30, 2014>
 Article 15-5 Deleted. <Dec. 30, 2014>
 Article 15-6 Deleted. <Dec. 30, 2014>
CHAPTER II SOCIAL WELFARE CORPORATIONS
 Article 16 (Permission for Incorporation of Corporations)
(1) Any person who intends to incorporate a social welfare corporation (hereafter referred to as "corporation" in this Chapter) shall obtain permission therefor from the competent Mayor/Do Governor, as prescribed by Presidential Decree.
(2) Any person who has obtained permission under paragraph (1) shall make a registration for its incorporation at the registry office at its principal place of business. <Amended on Jan. 26, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 17 (Articles of Incorporation)
(1) The articles of incorporation of a corporation shall include the following:
1. Objectives;
2. Name;
3. Location of its principal office;
4. Categories of services;
5. Matters concerning assets and accounting;
6. Matters concerning appointment, dismissal, etc. of executive officers;
7. Matters concerning meetings;
8. Where the corporation performs any profit-making project, matters concerning such project;
9. Matters concerning amendments to the articles of incorporation;
10. Period of existence of the corporation and grounds for its dissolution, if determined, and the methods of disposal of residual assets;
11. Public announcements and methods of giving such announcements.
(2) Where a corporation intends to amend its articles of incorporation, it shall obtain authorization therefor from the competent Mayor/Do Governor: Provided, That this shall not apply to insignificant matters prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 18 (Executive Officers)
(1) A corporation shall have at least seven directors including the representing director, and at least two auditors. <Amended on Jan. 26, 2012>
(2) A corporation shall appoint at least a third (rounding down to the nearest whole number) of the total directors fixed under paragraph (1), from among three times the number of persons falling under any subparagraph of Article 7 (2) (excluding subparagraphs 2, 3 and 5), who are recommended by any of the following institutions: <Amended on Jan. 26, 2012; Oct. 24, 2017>
(3) In the composition of the board of directors, the number of members in a special relationship as determined by Presidential Decree shall not exceed one fifth of the number of all incumbent members of the board of directors. <Amended on Jan. 26, 2012>
(4) The term of office of the directors shall be three years and that of the auditors shall be two years, which may be renewed respectively. <Amended on Jan. 26, 2012>
(5) The number of foreign directors shall not exceed one half of all incumbent directors. <Amended on Jan. 26, 2012>
(6) If a corporation appoints or dismisses its executive officers, it shall promptly report thereon to the relevant Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 26, 2012>
(7) Auditors shall be neither directors nor persons in a special relationship as provided for in paragraph (3), one of whom shall be appointed from among those who have knowledge about laws or accounting: Provided, That a corporation in excess of a certain size prescribed by Presidential Decree shall, with the recommendations from the relevant Mayor/Do Governor, appoint persons affiliated with auditors provided for in subparagraph 7 of Article 2 of the Act on External Audit of Stock Companies as its auditors. <Newly Inserted on Jan. 26, 2012; Oct. 31, 2017>
(8) In order to recommend directors pursuant to paragraph (2), the institutions in the subparagraphs of paragraph (2) shall annually publish a group of candidates for directors organized from among the following persons: Provided, That representatives of social welfare corporations, representatives of non-profit corporations or organizations providing social welfare services, and representatives of regional social security consultative bodies prescribed in Article 41 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries shall be excluded: <Newly Inserted on Oct. 24, 2017>
1. A person with extensive knowledge of and experience in social welfare or health and medical treatment;
2. A person who represents the interests, etc. of persons in need of social welfare;
3. A person recommended by non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
4. A person recommended by the Community Chest of Korea prescribed in Article 14 of the Community Chest of Korea Act.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 18-2 (Prohibition of Accepting Money, Articles, etc. in Connection with Appointment of Executive Officers)
No person shall accept nor promise to accept money, articles, entertainment or other financial benefits in connection with the appointment of executive officers.
[This Article Newly Inserted on Oct. 24, 2017]
 Article 19 (Grounds for Disqualification of Executive Officers)
(1) None of the following persons is qualified as an executive officer: <Amended on Jan. 26, 2012; Sep. 19, 2017; Oct. 24, 2017; Dec. 11, 2018>
1. A minor;
1-2. An adult under guardianship or a quasi-incompetent under guardianship;
1-3. A bankrupt who has not yet reinstated;
1-4. A person whose qualification is lost or suspended by a court decision;
1-5. A person who is sentenced to imprisonment without labor or heavier punishment and for whom three years have not passed from the date the execution of such punishment terminates (including cases where the execution of such punishment is considered to be terminated) or is exempted;
1-6. A person in the suspension of execution of punishment of imprisonment without labor or heavier punishment;
1-7. A person who falls under any of the following items by committing an offense prescribed in Article 71 of the Child Welfare Act, Articles 40 through 42 of the Subsidy Management Act, or Chapters 28 and 40 (excluding Article 360) of the Criminal Act in connection with social welfare services or his/her duties notwithstanding subparagraphs 1-5 and 1-6 or by violating this Act:
(a) A person who is sentenced to a fine exceeding one million won and for whom five years have not passed after the punishment is declared final and conclusive;
(b) A person who is sentenced to the suspension of execution of punishment and for whom seven years have not passed after the punishment is declared final and conclusive;
(c) A person who is sentenced to imprisonment with labor and for whom seven years have not passed from the date the execution of the punishment is terminated (including cases where the execution of the punishment is considered to be terminated) or exempted;
1-8. A person who is sentenced to a punishment, or medical treatment and custody by committing a sexual crime prescribed in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes or a sex offense against children or youth prescribed in subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses, and for whom ten years have not passed from the date the execution of the entire or part of the punishment, or medical treatment and custody is terminated (including cases where the execution is considered to be terminated), suspended or exempted after the sentence is declared final and conclusive, notwithstanding subparagraphs 1-5 through 1-7;
2. A person in whose case five years have not yet passed since the date he/she was dismissed from office by an order for dismissal under Article 22;
2-2. A person who was an executive officer of a social welfare corporation of which incorporation permission is revoked pursuant to Article 26 (limited to persons who have a direct responsibility for the occurrence of the cause of the revocation of the permission or responsibility equivalent thereto and are prescribed by Presidential Decree) and for whom five years have not passed from the date the incorporation permission is revoked;
2-3. A person who is dismissed from the position of the head of a facility pursuant to Article 40 and for whom five years have not passed from the date he/she is dismissed;
2-4. A person for whom three year have not passed since he/she is subject to an order for closure pursuant to Article 40;
3. A person who intends to become an executive officer of a corporation under the jurisdiction of a basic local government to which he/she had belonged for five years prior to his/her retirement, from among public officials of grade six or higher in whose case three years have not yet passed since retirement.
(2) Where an executive officer falls under any subparagraph of paragraph (1), he/she shall lose his/her qualification as an executive officer.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 20 (Filling Vacancy of Executive Officers)
Where there is a vacancy for any director or auditor, it shall be filled within two months.
[This Article Wholly Amended on Jan. 26, 2012]
 Article 21 (Prohibition of Concurrent Office-Holding by Executive Officers)
(1) No director shall serve concurrently as an employee of any social welfare facility established by the relevant corporation, other than the head of such facility.
(2) No auditor shall serve concurrently as a director of a corporation, as a head of any social welfare facility established by the corporation, or as an employee of such facility.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 22 (Orders for Dismissal of Executive Officers)
(1) Where an executive officer falls under any of the following cases, the competent Mayor/Do Governor may order the corporation to dismiss such executive officer: <Amended on Act No. Jan. 26, 2012>
1. Where he/she fails to comply with an order issued by the Mayor/Do Governor without just cause;
2. Where serious misconduct or other malfeasance, such as accounting fraud or a human rights violation, is discovered;
3. Where he/she intentionally delays reporting or falsely reports matters to be reported to the Mayor/Do Governor with respect to the affairs of the corporation;
4. Where he/she is appointed in violation of Article 18 (2), (3) or (7);
5. Where he/she violates Article 21;
6. Where he/she fails to comply with an order for suspension of duties issued under Article 22-2;
7. Where he/she has violated this Act or an order issued under this Act.
(2) An order for dismissal under paragraph (1) shall be issued only when the relevant corporation fails to comply with a request for correction issued by the Mayor/Do Governor with details of the ground therefor until 15 days have passed from such request for correction: Provided, That where it is evident that such correction is impracticable although it is requested, or where the relevant fraud comes under an accounting fraud, embezzlement, acceptance of bribery, or any other serious corruption, dismissal of an executive officer may be ordered without a request for correction, and the detailed standards therefor shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 26, 2012>
(3) A corporation issued with an order for dismissal pursuant to paragraph (1) shall convene a meeting of the board of directors to decide on the dismissal of an executive officer within two months. <Newly Inserted on Jan. 15, 2019>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 22-2 (Suspension of Performance of Duties)
(1) Where an investigation or audit is conducted for a matter described in any subparagraph of Article 22 (1) to issue an order for dismissal under Article 22, or during a period of an order for dismissal, the Mayor/Do Governor may suspend the relevant executive officer from performing his/her duties: Provided, That the Mayor/Do Governor shall suspend the relevant executive officer from performing his/her duties, where he/she was issued with an order for dismissal for falling under Article 22 (1) 4. <Amended on Jan. 15, 2019>
(2) A Mayor/Do Governor shall revoke an order for suspension of duties immediately if the ground for such suspension under paragraph (1) ceases to exist.
[This Article Newly Inserted on Jan. 26, 2012]
 Article 22-3 (Appointment of Ad Hoc Directors)
(1) Where it is deemed that the normal operation of a corporation is hindered because the corporation falls under any of the following cases, the Mayor/Do Governor shall appoint an ad hoc director without delay, either at the request of an interested party or ex officio: <Amended on Jan. 15, 2019>
1. Where the corporation fails to fill a vacancy for a director within the period prescribed in Article 20 or is highly likely to fail to fill the vacancy;
2. Where the corporation fails to convene a meeting of the board of directors to decide on the dismissal of an executive officer within the period prescribed in Article 22 (3) or is highly likely to fail to convene the meeting.
(2) An ad hoc director shall be in office until the ground provided for in paragraph (1) ceases to exist.
(3) A Mayor/Do Governor may recommend calling a meeting of the board of directors if the relevant corporation fails to do so without just cause, notwithstanding the appointment of an ad hoc director.
(4) The appointment of ad hoc directors under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(5) Where an ad hoc director is appointed pursuant to paragraph (1) 2, a director who is suspended from performing his/her duties pursuant to the proviso of Article 22-2 (1) shall not be deemed a director with regard to a meeting of the board of directors to perform his/her order for dismissal, and in such cases, the relevant ad hoc director shall replace the position of the director who is suspended from performing his/her duties. <Newly Inserted on Jan. 15, 2019>
[This Article Newly Inserted on Jan. 26, 2012]
 Article 22-4 (Dismissal of Ad Hoc Directors)
(1) In any of the following cases, the Mayor/Do Governor may dismiss an ad hoc director, either at the request of an interested party or ex officio. Where an ad hoc director is dismissed under any of subparagraphs 2 through 4, a successor shall be appointed without delay: <Amended on Oct. 24, 2017>
1. Where the ground for appointing the ad hoc director ceases to exist;
2. Where the ad hoc director falls under Article 19 (1) 1, and 1-2 through 1-8;
3. Where the ad hoc director is negligent in his/her duties and thus normalization of the corporation is impractical;
4. Where the ad hoc director falls under any subparagraph of Article 22 (1).
(2) No corporation shall appoint any ad hoc director dismissed under paragraph (1) as a director.
[This Article Newly Inserted on Jan. 26, 2012]
 Article 23 (Assets, etc.)
(1) A corporation shall have assets necessary for implementing social welfare programs.
(2) The assets of a corporation shall be sub-classified into fundamental assets and ordinary assets, as prescribed by Ordinance of the Ministry of Health and Welfare, and the inventory and values of such fundamental assets shall be stated in the articles of incorporation.
(3) Where any of the following applies to the fundamental assets of a corporation, the corporation shall obtain permission from the Mayor/Do Governor: Provided, That this shall not apply to the matters prescribed by Ordinance of the Ministry of Health and Welfare:
1. Where the corporation intends to sell, donate, exchange, rent, provide as security, or change the use of, the fundamental assets;
2. Where the corporation intends to borrow, on a long-term basis of at least a year, an amount in excess of the limits prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Matters regarding the assets referred to in paragraph (1) and accounting thereof shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 24 (Reporting on Acquisition of Assets)
Where a corporation acquires assets by means of purchase, acceptance of endowment, patronage, etc., it shall promptly take measures to incorporate such assets into its assets. In such cases, the corporation shall annually report to the Mayor/Do Governor on the ground for acquisition of the assets, the types, quantity, and values thereof.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 25 (Preparation, Disclosure, etc. of Minutes)
(1) The board of directors shall keep the minutes of a meeting that state the following matters: Provided, That where the minutes cannot be prepared on a certain ground on the day a meeting of the board of directors is held, a meeting report may be prepared to record the results of deliberations and resolutions by agenda item, and the minutes may be kept thereafter:
1. Date and time of commencement, suspension and adjournment of a meeting;
2. Agenda items;
3. Proceedings;
4. Names of executive officers present;
5. The number of votes;
6. Other matters deemed necessary by the representative director.
(2) Every executive officer present at the meeting shall affix his/her seal to the minutes and meeting reports. Where any of the minutes or meeting reports consists of two or more pages, he/she shall affix his/her seal across the folds of each page.
(3) Where a meeting report is prepared under the proviso of paragraph (1), the minutes of the meeting shall be kept within the earliest practicable time.
(4) A corporation shall disclose the minutes of its meetings: Provided, That the corporation may choose not to disclose matters determined by Presidential Decree following a resolution thereon by the board of directors.
(5) A period and procedures for the disclosure of minutes and other necessary matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jan. 26, 2012]
 Article 26 (Revocation of Permission for Incorporation of Corporation, etc.)
(1) Where a corporation falls under any of the following cases, the relevant Mayor/Do Governor may issue a corrective order specifying a period or may revoke permission for incorporation of the corporation: Provided, That where it falls under subparagraph 1 or 7, the Mayor/Do Governor shall revoke permission for incorporation of the corporation: <Amended on Jan. 26, 2012; Jan. 15, 2019>
1. Where the corporation obtains permission for incorporation by fraudulent or other illegal means;
2. Where the corporation fails to meet a condition for permission for incorporation of the corporation;
3. Where the corporation becomes unable to achieve the objectives of establishment;
4. Where the corporation engages in the business other than the proper purpose business;
5. Where the corporation, without just cause, fails to commence the proper purpose business within six months from the date of obtaining permission for its incorporation or has no record of engaging in the proper purpose business;
6. Where repetitive or collective sexual crimes or abuse-related crimes occur at any facility operated by the corporation;
7. Where the corporation fails to contribute fundamental assets after incorporation;
8. Where the corporation fails to meet the fixed number of executive officers provided for in Article 18 (1);
9. Where the corporation appoints a director, in violation of Article 18 (2);
10. Where the corporation fails to comply with an order to dismiss an executive officer issued under Article 22;
11. Where the corporation violates this Act, any order issued under this Act, or the articles of incorporation.
(2) A disposition to revoke permission for incorporation of a corporation where any subparagraph of paragraph (1) (excluding subparagraphs 1 and 7) applies shall be taken only where the purpose of supervision cannot be attained by any other means, or where the corporation fails to comply with a corrective order within six months after the issuance of such order. <Amended on Jan. 26, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 27 (Disposal of Residual Assets)
(1) Any residual assets of a dissolved corporation shall revert to the State or local governments in accordance with its articles of incorporation.
(2) Assets reverted to the State or local governments under paragraph (1) may be used for social welfare programs, or be leased free of charge to a corporation with similar objectives or may be provided for the latter's use or profit-making free of charge: Provided, That this shall not apply to a dissolved corporation, the director of which or any person in a special relationship determined by Presidential Decree with such director serves as a member of the board of directors.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 28 (Profit-Making Projects)
(1) If necessary to cover expenses associated with the proper purpose business, a corporation may perform profit-making projects to the extent that the achievement of its objectives of establishment is not hindered.
(2) No corporation may use profits accruing from the profit-making projects referred to in paragraph (1) for any purpose, other than for operating the corporation itself or the social welfare facilities that it has established.
(3) The accounting of the profit-making projects referred to in paragraph (1) shall be kept separately from other accounting of the corporation.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 29 Deleted. <Apr. 30, 1999>
 Article 30 (Mergers)
(1) A corporation may be merged with another corporation established under this Act subject to permission from the Mayor/Do Governor: Provided, That a merger of corporations, the principal offices of which are located in different Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, and Special Self-Governing Provinces (hereinafter referred to as "City/Do"), requires permission from the Minister of Health and Welfare. <Amended on Oct. 24, 2017>
(2) If a corporation is merged pursuant to paragraph (1), the corporation surviving the merger or the corporation incorporated as a result of such merger shall succeed to the legal status of the disappearing corporation in the merger.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 31 (Prohibition of Use of Same Name)
No entity, other than a social welfare corporation under this Act, shall use “social welfare corporation” as its name.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 32 (Application Mutatis Mutandis of Other Statutes)
Except as otherwise provided for in this Act, the provisions of the Civil Act and the Act on the Establishment and Operation of Public Interest Corporations shall apply mutatis mutandis to corporations.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 33 (Social Welfare Councils)
(1) There shall be established a Korea National Council on Social Welfare as a nationwide unit (hereinafter referred to as the "Central Council") and a City/Do Social Welfare Council as a City/Do unit (hereinafter referred to as "City/Do Council") in order to perform the following social welfare-related affairs and, if necessary, there may be established a Si/Gun/Gu Social Welfare Council (hereinafter referred to as "Si/Gun/Gu Council") by the unit of Si (including administrative cities 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)/Gun/Gu (referring to autonomous Gus: hereinafter the same shall apply): <Amended on Jan. 26, 2012; Oct. 24, 2017>
1. Social welfare-related investigations, and research and proposal of policies related thereto;
2. Correlation, cooperation, and coordination of institutions and organizations related to social welfare;
3. Identification of people excluded from social welfare programs and access to and cooperation with social welfare resources in the private sector;
4. Development, etc. of social welfare programs prescribed by Presidential Decree.
(2) The Central Council, City/Do Councils, and Si/Gun/Gu Councils shall be deemed social welfare corporations incorporated under this Act, but Article 23 (1) shall not apply thereto.
(3) Where Articles 16 (1), 17 (2), 18 (6) and (7), 22, 23 (3), 24, 26 (1) and 30 (1) are applied with respect to permission, authorization, reporting, etc. concerning the establishment and operation of the Central Council, the “Mayor/Do Governor” shall be construed as the “Minister of Health and Welfare”. <Amended on Jan. 26, 2012>
(4) The organization and operation of the Central Council, City/Do Councils, and Si/Gun/Gu Councils and other necessary matters shall be determined by Presidential Decree.
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER II-2 Deleted.
 Article 33-2 Deleted. <Oct. 24, 2017>
 Article 33-3 Deleted. <Oct. 24, 2017>
 Article 33-4 Deleted. <Oct. 24, 2017>
 Article 33-5 Deleted. <Oct. 24, 2017>
 Article 33-6 Deleted. <Oct. 24, 2017>
 Article 33-7 Deleted. <Oct. 24, 2017>
 Article 33-8 Deleted. <Oct. 24, 2017>
CHAPTER III SOCIAL WELFARE FACILITIES
 Article 34 (Establishment of Facilities)
(1) The State or a local government may establish and operate a social welfare facility (hereinafter referred to as "facility"). <Amended on Aug. 4, 2011>
(2) If a person, other than the State or a local government, intends to establish and operate a facility, he/she shall report thereon to the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That none of the following persons shall report on the establishment and operation of facilities: <Amended on Aug. 4, 2011; Jan. 26, 2012; Feb. 3, 2016; Oct. 24, 2017>
1. A person for whom three years have not yet passed since he/she is subject to an order for closure under Article 40;
2. An individual who falls under any of subparagraphs 1, and 1-2 through 1-8 of Article 19 (1) or a corporation in which such individual is an executive officer.
(3) Upon receipt of a report under paragraph (2), the head of a Si/Gun/Gu shall review the details of the report and accept it if such report is consistent with this Act. <Newly Inserted on Jan. 15, 2019>
(4) A person who establishes and operates a facility shall operate such facility transparently in compliance with the financial and accounting principles prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Aug. 4, 2011>
(5) A social welfare corporation or non-profit corporation may be entrusted with the operation of facilities established by the State or a local government under paragraph (1), if necessary. <Amended on Aug. 4, 2011; Jan. 26, 2012>
(6) Matters necessary for standards, period, method, etc. for entrusted operation under paragraph (5) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfares. <Amended on Aug. 4, 2011; Jan. 26, 2012; Jan. 15, 2019>
[Title Amended on Aug. 4, 2011]
 Article 34-2 (Special Cases concerning Establishment and Operation of Integrated Facilities, etc.)
(1) Where a person intends to establish and operate facilities provided for in this Act or other Acts referred to in the items of subparagraph 1 of Article 2, he/she may integrate facilities provided for in this Act or other Acts referred to in the items of subparagraph 1 of Article 2 into one facility and establish and operate such integrated facility or may integrate two or more social welfare programs and implement such programs at one facility in consideration of the characteristics of the relevant community and the state of the facilities distributed therein. In such cases, a person, other than the State or a local government, shall make a report or obtain permission, etc. under the statutes pertaining to the facilities that he/she intends to establish and operate by integration or social welfare programs that he/she intends to implement.
(2) Where two or more facilities are integrated into one facility under paragraph (1) or two or more social welfare programs are implemented at one facility, standards regarding facilities and human resources that may be jointly used or placed at the relevant facility and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Aug. 4, 2011]
[Previous Article 34-2 moved to Article 34-3 <Aug. 4, 2011>]
 Article 34-3 (Obligation to Purchase Insurance)
(1) The operator of a facility shall purchase liability insurance from a non-life insurance company or enter into a liability mutual aid agreement with the Korea Social Welfare Credit Union established under Article 4 of the Act on the Improvement of Treatment and Status of Social Workers, Etc. in order to take the following responsibilities for compensating for losses: <Amended on Jan. 26, 2012; May 23, 2012; Jun. 4, 2013>
1. Responsibility for compensating for losses caused by fire;
2. Responsibility for compensating for losses of any individual in need of protection who suffers life or physical casualties caused by any safety accident, other than fire.
(2) The State or a local government may provide subsidies to fully or partially cover expenses incurred in purchasing liability insurance or entering into a liability mutual aid agreement under paragraph (1), within budgetary limits. <Amended on Jan. 26, 2012>
(3) The scope of facilities to be covered by liability insurance or a liability mutual aid agreement under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jan. 26, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
[Moved from Article 34-2; previous Article 34-3 moved to Article 34-4 <Aug. 4, 2011>]
 Article 34-4 (Safety Inspections, etc. for Facilities)
(1) The head of each facility shall conduct a regular or irregular safety inspection for his/her facility.
(2) The head of each facility shall submit findings from any regular or irregular safety inspection conducted under paragraph (1) to the head of the relevant Si/Gun/Gu.
(3) Upon receipt of findings under paragraph (2), the head of a Si/Gun/Gu may require the operator of the relevant facility to maintain, renovate, or repair the facility, in which case the operator of such facility shall comply therewith.
(4) The State or a local government may provide subsidies to fully or partially cover expenses incurred in conducting safety inspections and in maintaining, renovating, or repairing facilities under paragraphs (1) through (3) within budgetary limits.
(5) The scope of facilities subject to regular or irregular safety inspections under paragraphs (1) through (4), timing for such inspections, safety inspection agencies, and procedures for inspections shall be determined by Presidential Decree.
[This Article Wholly Amended on Aug. 4, 2011]
[Moved from Article 34-3 <Aug. 4, 2011>]
 Article 34-5 (Establishment, etc. of Community Welfare Centers)
(1) Among social welfare facilities under Article 34 (1) and (2), community welfare centers may provide programs for promoting community welfare, including provision of services, in consideration of the characteristics of each community and local residents’ needs for welfare.
(2) Community welfare centers may provide social welfare services to all local residents, but the following persons shall be given priority in the provision of services:
1. Recipients of assistance and the near-poverty population group as provided for in the National Basic Living Security Act;
2. Persons with disabilities, senior citizens, single-parent families and multi-cultural families;
3. Persons in need of employment and job placement services;
4. Infants, children and youths in need of protection and education;
5. Other persons deemed to require priority in the provision of social welfare services from community welfare centers.
(3) The establishment and operation of community welfare centers, their programs, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Jan. 26, 2012]
 Article 35 (Heads of Facilities)
(1) The head of each facility shall perform his/her duty on a full-time basis.
(2) None of the following persons shall become the head of any facility: <Amended on Jan. 26, 2012; Sep. 19, 2017; Oct. 24, 2017>
1. A person who falls under any of subparagraphs 1, 1-2 through 1-8, and 2-2 through 2-4 of Article 19 (1);
2. A person in whose case five years have not yet passed since the date he/she was dismissed by an order for dismissal under Article 22;
3. A person who intends to become the head of a facility under the jurisdiction of a basic local government to which he/she had belonged for five years prior to his/her retirement, among public officials of grade six or higher, in whose case three years have not yet passed since they retired.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 35-2 (Workers)
(1) A person who establishes and operates a social welfare corporation or social welfare facility may hire workers for the corporation or facility.
(2) None of the following persons may become a worker of a social welfare corporation or social welfare facility: <Amended on Oct. 24, 2017>
1. A person who falls under Article 19 (1) 1-7 or 1-8;
2. A person sentenced to imprisonment without labor or heavier punishment or medical treatment and custody, and the ruling on such sentence became final for having committed a sexual crime against a facility user under Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or a sexual crime against a child or a youth under subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses in the course of his/her duties, notwithstanding subparagraph 1.
[This Article Newly Inserted on Jan. 26, 2012]
 Article 35-3 (Matters to Be Observed in Employing Workers)
(1) A person who establishes and operates a social welfare corporation or social welfare facility shall not employ a person who intends to be a worker by changing the contents of an employment advertisement in a way unfavorable to him/her without good reason when employing workers of the relevant corporation or facility.
(2) A person who establishes and operates a social welfare corporation or social welfare facility shall not apply the working conditions suggested in the employment advertisement to a worker by changing such conditions in a way unfavorable to the worker without good reason after employing him/her.
[This Article Newly Inserted on Dec. 11, 2018]
 Article 36 (Operating Committees)
(1) The head of each facility shall establish an operating committee to deliberate on the following matters concerning the operation of the facility: Provided, That he/she may establish a joint operating committee for multiple facilities in cases prescribed by Ordinance of the Ministry of Health and Welfare: <Amended on Jan. 26, 2012>
1. Matters concerning the formulation and evaluation of a facility operation plan;
2. Matters concerning the development and evaluation of social welfare programs;
3. Matters concerning the improvement of the working environment for facility workers;
4. Matters concerning the improvement of the living environment, the settlement of grievances, etc. for the residents in the facility;
5. Matters concerning the protection of human rights and the promotion of rights and interests of the workers and residents of the facility;
6. Matters concerning the cooperation of the facility with the relevant community;
7. Other matters referred by the head of the facility for deliberation by the operating committee.
(2) The members of an operating committee shall be appointed or commissioned by the head of the relevant Si/Gun/Gu from among the following persons: <Newly Inserted on Jan. 26, 2012>
1. The head of the relevant facility;
2. The representative of residents of the relevant facility;
3. The representative of guardians for residents of the relevant facility;
4. The representative of workers of the relevant facility;
5. Public officials in charge of social welfare affairs in the relevant Si/Gun/Gu;
6. The representative of sponsors or local residents;
7. A person recommended by an organization for public interests;
8. Other persons with expert knowledge of and experience in the operation of facilities or social welfare affairs.
(3) The head of each facility shall report the following to the operating committee established under paragraph (1): <Newly Inserted on Jan. 26, 2012>
1. Matters concerning accounting, budget, and settlement of accounts of the facility;
2. Matters concerning raising and spending donations;
3. Other matters concerning events and accidents pertaining to the operation of the facility.
(4) Other matters concerning the organization and operation of operating committees shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 26, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 37 (Retention of Documents)
The head of each facility shall retain documents prescribed by Ordinance of the Ministry of Health and Welfare at the relevant facility, including a registry of donations and other valuables.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 38 (Reporting, etc. on Suspension, Resumption, and Closure of Facilities)
(1) A person who has reported as provided for in Article 34 (2) shall commence operating the relevant facility without delay.
(2) Where the operator of a facility intends to suspend for a certain period or resume operating the facility or close the facility, he/she shall report thereon to the head of the relevant Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Where the operation of a facility is suspended or a facility is closed under paragraph (2), the head of the relevant Si/Gun/Gu shall take the following measures and accept the report for protecting the rights and interests of residents of such facility, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended on Jan. 26, 2012; Jan. 15, 2019>
1. Where residents of the relevant facility want self-support, supporting their independence and confirming the implementation thereof;
2. Allowing residents of the relevant facility to choose another facility and confirming the implementation thereof;
3. Where residents of the relevant facility bear costs, such as fees and charges, refunding the amount of costs not spent and confirming such refund;
4. Confirming subsidies, donations, etc. expended and recovering the residual assets of the assets created by using such subsidies and donations as the financial resources;
5. Other measures deemed necessary for protecting the rights and interests of residents of the relevant facility.
(4) Where an operator of a facility intends to resume the operation of the facility under paragraph (2), he/she shall take the following measures to protect the rights and interests of residents of the relevant facility, as prescribed by the Ordinance of the Health and Welfare. In such cases, the head of the relevant Si/Gun/Gu shall confirm the details of the measures and accept a report under paragraph (2): <Newly Inserted on Jan. 26, 2012; Jan. 15, 2019>
1. Cessation of the ground to suspend the operation;
2. Establishment of a plan for stable operation in the future;
3. Other measures deemed necessary for protecting the rights and interests of residents of the relevant facility.
(5) Matters necessary for reporting the commencement, suspension, and resumption of the operation of facilities and closure of facilities under paragraphs (1) and (2), and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Jan. 26, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 39 Deleted. <Apr. 30, 1999>
 Article 40 (Improvement of Facilities, Suspension of Programs, and Closure of Facilities, etc.)
(1) Where a facility falls under any of the following cases, the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu may issue an order to improve the facility, suspend its programs, replace the head of the facility, or close the facility: <Amended on Jan. 26, 2012; Dec. 11, 2018; Jan. 15, 2019>
1. Where the facility fails to meet the standards for establishment;
2. Where the facility has been established and operated by a social welfare corporation or a non-profit corporation and the permission for incorporation of such corporation or corporation is revoked;
3. Where it is deemed unnecessary to continue the operation of the facility due to the achievement of the objectives of its establishment or on other grounds;
4. Where accounting fraud, misconduct, or any other malfeasance is discovered;
5. Where the facility is established and operated without reporting under Article 34 (2);
6. Where the facility fails to establish or operate an operating committee under Article 36 (1);
7. Where the facility fails to submit a report or data under Article 51 (1) without good cause or submits a false report or data;
8. Where the facility refuses, interferes with, or evades an inspection, inquiry or audit under Article 51 (1) and (2) without good cause;
9. Where any of the following sexual crimes or abuse-related crimes is committed at the facility:
(a) Sexual crimes referred to in Article 2 (1) 3 through 5 of the Act on Special Cases concerning the Punishment of Sexual Crimes;
(b) Sexual crimes against a child or youth referred to in subparagraph 3 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses;
(c) Child abuse-related crimes referred to in subparagraph 7-2 of Article 3 of the Child Welfare Act;
(d) Crimes related to elder abuse referred to in subparagraph 5 of Article 1-2 of the Welfare of Senior Citizens Act;
(e) Other sexual crimes or abuse-related crimes prescribed by Presidential Decree;
10. Where the facility has been out of operation for at least one year and its operation is not resumed despite recommendation by the head of a Si/Gun/Gu to resume the operation thereof.
(2) Article 38 (3) shall apply mutatis mutandis to an order to suspend programs or to close a facility issued under paragraph (1).
(3) Detailed criteria for administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare in view of the type, degree, etc. of the relevant offence.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 41 (Maximum Number of Residents of Facilities)
Each facility shall accommodate up to three hundred residents: Provided, That the same shall not apply in cases prescribed by Presidential Decree.
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER III-2 HOME CARE SERVICES
 Article 41-2 (Home Care Services)
(1) The State or a local government may provide any of the following home care services to any individual in need of protection:
1. Home care services: Services designed to assist such needy person with household duties and personal activities or emotional needs;
2. Daytime or short-term protection services: Services designed to provide such needy person with meals, medical treatment, and other everyday life convenience at short-term protection facilities during the day or for a short period, or otherwise provide his/her family members with education or counseling.
(2) Where the head of a Si/Gun/Gu provides social welfare services to an individual in need of protection receives welfare services according to the plan to provide services for each individual under Article 15 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries, he/she shall make arrangements for such individual to receive home care services under any subparagraph of paragraph (1) in preference to any arrangements for him/her to be accommodated in a facility. <Amended on Jan. 26, 2012; Oct. 24, 2017>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 41-3 Deleted. <Oct. 24, 2017>
 Article 41-4 (Training of Home Care Service Workers)
The State or a local government shall endeavor to train home care service workers who provide various convenience necessary for individuals in need of protection to lead their everyday lives at homes, or in facilities, which need home care services.
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 42 (Subsidies, etc.)
(1) The State or local governments may provide subsidies to fully or partially cover expenses, such as operating expenses, incurred by persons prescribed by Presidential Decree, who implement social welfare programs. <Amended on Feb. 3, 2016>
(2) No subsidy provided under paragraph (l) may be used for any purpose other than the originally intended purpose.
(3) Where any person provided with subsidies under paragraph (1) falls under any of the following cases, the State or a local government may issue an order to him/her to return all or some of the subsidies provided: Provided, That it must issue an order for recovery in cases falling under subparagraphs 1 and 2: <Amended on Feb. 3, 2016>
1. Where he/she is provided with subsidies by fraudulent or other unlawful means;
2. Where he/she uses subsidies for any purpose, other than for implementing social welfare programs;
3. Where he/she violates this Act or any order issued under this Act.
(4) Matters concerning subsidies mentioned in paragraph (1) except for those provided for in this Act shall be governed by the Subsidy Management Act and the Local Finance Act. <Newly Inserted on Feb. 3, 2016>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 42-2 (Preferential Sale of State or Public Property)
Where it is deemed necessary to establish facilities related to social welfare programs or to develop such programs, the State or a local government may preferentially sell or lease any piece of State or public property to a social welfare corporation or social welfare facility, notwithstanding the State Property Act and the Public Property and Commodity Management Act.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 42-3 (Subsidies to Local Governments)
(1) The Minister of Health and Welfare may grant a subsidy to help cover the expenses incurred in implementing social welfare programs to a Mayor/Do Governor and the head of a Si/Gun/Gu. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(2) The Minister of Health and Welfare may grant a subsidy to help cover the expenses under paragraph (1) by reflecting the findings from evaluations conducted under Article 39 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 30, 2014>
(3) Matters regarding the standards and method for paying subsidies under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
[This Article Newly Inserted on Dec. 14, 2007]
 Article 43 (Minimum Standards for Services of Facilities)
(1) The Minister of Health and Welfare shall establish minimum standards for services provided by facilities.
(2) An operator of each facility shall maintain its service level above the minimum service standards provided for in paragraph (1).
(3) Facilities subject to the service standards provided for in paragraph (1), details of services, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Jan. 26, 2012]
[Previous Article 43 moved to Article 43-2 <Jan. 26, 2012>]
 Article 43-2 (Evaluation of Facilities)
(1) The Minister of Health and Welfare and each Mayor/Do Governor shall evaluate facilities on a regular basis, as prescribed by Ordinance of the Ministry of Health and Welfare, and may publish findings from the evaluations, reflect such findings in the supervision of or assistance for the facilities, or take measures, such as transferring residents of a facility to another facility.
(2) If the Minister of Health and Welfare or a Mayor/Do Governor transfers residents of a facility to another facility following an evaluation under paragraph (1), he/she shall take measures provided for in Article 38 (3).
[This Article Wholly Amended on Jan. 26, 2012]
[Moved from Article 43 <Jan. 26, 2012>]
 Article 44 (Recovery of Expenses)
The head of a local government that has borne expenses incurred in implementing social welfare programs under this Act or any other person operating a facility may recover all or some of the expenses he/she has borne from the individual who has received benefits or the person obligated to support such individual, as prescribed by Presidential Decree.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 45 (Management of Donations)
(1) The representative of a social welfare corporation and the head of a facility shall disclose the revenue and expenditure of money and valuables received without consideration or other assets (hereinafter referred to as "donations") and shall endeavor to ensure transparency in the management thereof. <Amended on Jan. 26, 2012>
(2) The issuance of receipts for donations, reporting on the revenue and expenditure, and other details, such as the management of donations and procedures for disclosure, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 26, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 46 (Korea Association of Social Workers)
(1) Social workers shall establish a Korea Association of Social Workers (hereinafter referred to as the "Association") in order to develop and disseminate professional knowledge and skills relating to social welfare in order to provide education and training designed to enhance the quality of social workers and to endeavor to promote the welfare of social workers.
(2) The Association referred to in paragraph (1) shall be a corporation, and matters necessary for the organization and operation thereof and other matters shall be determined by Presidential Decree.
(3) Except as otherwise provided for in this Act, the provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to the Association.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 47 (Prohibition against Divulging Confidential Information)
No person who has been or is engaged in implementing social welfare programs or in performing social welfare affairs shall divulge any confidential information on another person which he/she has become aware of in the course of performing his/her duties.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 48 (Prohibition of Attachment)
Money and valuables furnished under this Act or an Act referred to in any item of subparagraph 1 of Article 2 as well as the right to receive such money and valuables shall not be subjected to attachment.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 49 (Hearings)
If the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to take any of the following actions, he/she shall hold a hearing: <Amended on Feb. 3, 2016>
1. Revocation of qualification for social workers under Article 11-3;
2. Cancellation of permission for incorporation under Article 26;
3. Closure of facilities under Article 40.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 50 (Rewards)
The Government may grant a reward to any person who renders distinguished services or sets an example for others with respect to social welfare programs.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 51 (Guidance, Supervision, etc.)
(1) The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may guide or supervise persons who implement social welfare programs with respect to their affairs and, if necessary, require such persons to submit a report or relevant document on their affairs or direct a public official affiliated therewith to enter the office of a social welfare corporation or facility to conduct an inspection or make an inquiry.
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu may appoint a certified public accountant registered pursuant to Article 7 of the Certified Public Accountant Act or an auditor under subparagraph 7 of Article 2 of the Act on External Audit of Stock Companies on the recommendation of a local council to conduct an audit of a social welfare corporation or social welfare facility. In such cases, the recommendation of a certified public accountant or auditor, the subject matters of audit, and other necessary matters shall be prescribed by ordinance of a local government in accordance with the standards prescribed by Ordinance of the Minister of Health and Welfare. <Newly Inserted on Dec. 11, 2018>
(3) If the main office and the facility of a social welfare corporation are not located in the same City/Do or Si/Gun/Gu, the affairs of the facility shall be under the guidance, supervision, audit, etc. of the Mayor/Do Governor or the head of the Si/Gun/Gu having jurisdiction over the seat of such facility. In such cases, the Mayor/Do Governor or the head of the Si/Gun/Gu who provides guidance, supervision, audit, etc. may request cooperation in the affairs of the social welfare corporation from the Mayor/Do Governor or the head of the Si/Gun/Gu having jurisdiction over the seat of the main office of the social welfare corporation, if necessary for providing such guidance, supervision, etc. <Amended on Dec. 11, 2018>
(4) Where local governments otherwise enter into an agreement with respect to guidance, supervision, audit, etc. provided for in paragraph (3), the Mayor/Do Governor or the head of the Si/Gun/Gu stipulated in the agreement shall provide such guidance, supervision, audit, etc., notwithstanding paragraph (2). <Amended on Dec. 11, 2018>
(5) Any relevant public official, etc. who conducts an inspection, inquiry, or audit under paragraphs (1) and (2) shall carry a certificate indicating his/her authority and produce it to relevant persons. <Amended on Dec. 11, 2018>
(6) Where the Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu takes an administrative disposition pursuant to Article 26 or 40 after having provided guidance, supervision or audit, he/she may publish information pertaining to the disposition, including the name of the corporation or facility subject to the disposition, and the grounds for, and details of, the disposition, as prescribed by Presidential Decree. <Newly Inserted on Jan. 26, 2012; Oct. 24, 2017; Dec. 11, 2018>
(7) Any organization providing guidance and supervision may entrust the guidance and supervision of the affairs of any person who implements social welfare programs to another organization, if necessary for providing such guidance and supervision, and the scope of affairs and authority of any organization so entrusted shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 26, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 52 (Delegation or Entrustment of Authority)
(1) The Minister of Health and Welfare or a Mayor/Do Governor may delegate part of his/her authority under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare may entrust part of his/her duties under this Act to the exclusive organization established under Article 6-2 (5) or any social welfare-related institution or organization, as prescribed by Presidential Decree. <Amended on Oct. 24, 2017>
[This Article Wholly Amended on Aug. 4, 2011]
CHAPTER V PENALTY PROVISIONS
 Article 53 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won: <Amended on Dec. 2, 2016>
1. A person who violates Article 23 (3);
2. A person who violates Article 42 (2);
[This Article Wholly Amended on Aug. 4, 2011]
 Article 53-2 Deleted. <Dec. 30, 2014>
 Article 53-3 Deleted. <Dec. 30, 2014>
 Article 54 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won: <Amended on Oct. 24, 2017; Dec. 11, 2018; Mar. 31, 2020>
1. A person who violates Article 6 (1);
1-2. A person who lends his or her social worker certificate to another person or a person who borrows it, in violation of Article 11 (6);
1-3. A person who lends a social worker certificate or arranges the lending of a social worker certificate, in violation of Article 11 (7);
1-4. A person who accepts or promises to accept money, articles, entertainment, or financial benefits in violation of 18-2;
2. A person who violates Article 28 (2);
3. A person who establishes and operates a facility without reporting under Article 34 (2);
4. A person who evades or refuses to take measures to protect the rights and interests of residents of a facility under Article 38 (3) (including cases applicable mutatis mutandis under Article 40 (2)) without just cause;
5. A person who fails to comply with an order issued under Article 40 (1) without just cause;
6. A person who violates Article 47;
7. A person who fails to file a report under Article 51 (1) and (2) or files a false report, fails to submit a relevant document thereunder, submits a false document, or a person who refuses, interferes with, or evades an inspection, inquiry or audit without good cause.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 55 (Penalty Provisions)
Any person who violates Article 13 shall be punished by a fine not exceeding three million won.
[This Article Wholly Amended on Aug. 4, 2011]
 Article 56 (Joint Penalty Provisions)
Where a representative of a corporation, or an agent, employee, or other servant of the corporation or an individual commits a violation under Article 53, 54 or 55 in connection with the duties of the corporation or individual, in addition to the punishment of such violator, the corporation or individual shall be punished by a fine under each relevant provision: Provided, That this shall not apply if such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation. <Amended on Dec. 30, 2014>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 57 (Legal Fiction as Public Officials in Application of Penalty Provisions)
The executive officers and employees of the exclusive organization established under Article 6-2 (5) and any social welfare-related institution or organization that performs duties entrusted under Article 12 (1) or 52 (2) shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act. <Amended on Oct. 24, 2017>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 58 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine of not more than five million won: <Newly Inserted on Dec. 11, 2018>
1. A person who employs a worker in violation of Article 35-3 (1);
2. A person who changes and applies the working condition in violation of Article 35-3 (2).
(2) Any person who violates the proviso of Article 13 (2), Article 13 (3), 11 (4), 24, 31, 34-3, 34-4, 37, 38 (1) or (2), or 45 shall be subject to an administrative fine not exceeding three million won. <Amended on Jan. 26, 2012; Feb. 3, 2016>
(3) Deleted. <Oct. 24, 2017>
(4) Administrative fines under paragraph (1) or (2) shall be imposed and collected by the Minister for Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Oct. 24, 2017; Dec. 11, 2018>
[This Article Wholly Amended on Aug. 4, 2011]
ADDENDA <Act No. 5358, Aug. 22, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1998: Provided, That the amended provisions of Articles 11 (3) and 12 shall enter into force on January 1, 2003.
Article 2 (Transitional Measures on Social Workers)
(1) Persons who had certificates of social workers issued pursuant to the former provisions as at the time this Act enters into force shall be deemed those who have certificates issued under this Act.
(2) Notwithstanding the amended provisions of Article 11 (3), persons falling under any of the following subparagraphs may have certificates of grade 1 social workers issued pursuant to the former provisions:
1. A person who had a certificate of grade 2 or 3 social worker issued pursuant to the former provisions as at the time this Act enters into force;
2. A person who attends a school corresponding to the qualification criteria for grade 1 social worker pursuant to the former provisions as at the time this Act enters into force;
3. A person who holds as of January 1, 2003 a master's or doctor's degree corresponding to the qualification criteria for grade 1 social worker pursuant to the former provisions.
Article 3 (Transitional Measures on Corporations and Facilities)
Social welfare corporations and facilities established pursuant to the former provisions as at the time this Act enters into force shall be deemed to have been established under this Act.
Article 4 (Transitional Measures on Executive Officers)
The executive officers of a social welfare corporation appointed pursuant to the former provisions before this Act enters into force shall be governed by the former provisions, if they fail to conform to the amended provisions of Articles 19 through 21.
Article 5 (Transitional Measures on Korea Social Welfare Council)
The National Welfare Council shall amend its articles of incorporation pursuant to the amended provisions of Article 33, and shall obtain authorization from the Minister of Health and Welfare within six months from the date this Act enters into force.
Article 6 (Preparations for Establishment of City/Do Welfare Councils)
(1) A local social welfare council under the former social welfare service-related Acts and subordinate statutes as at the time this Act enters into force shall commission not more than five preparatory members within six months from the date this Act enters into force and have them manage the preparatory business for the establishment of a City/Do welfare council under this Act.
(2) A local social welfare council referred to in paragraph (1) shall prepare the articles of incorporation of the relevant City/Do welfare council, and obtain permission for the establishment of a social welfare corporation from the competent Mayor/Do Governor.
(3) Where a Mayor/Do Governor receives a request for cooperation necessary for the establishment of a City/Do welfare council under this Act, he/she shall comply therewith unless extenuating circumstances exist.
(4) The preparatory members referred to in paragraph (1) shall be deemed to have been decommissioned as at the time permission for the establishment of a social welfare corporation referred to in paragraph (2) is granted.
Article 7 (Transitional Measures on Korea Association of Social Workers)
(1) The incorporated Korea Association of Social Workers as at the time this Act enters into force shall be deemed the Korea Association of Social Workers established under this Act.
(2) The Korea Association of Social Workers shall prepare its articles of incorporation under this Act within six months from the date this Act enters into force, and obtain authorization therefor from the Minister of Health and Welfare.
Article 8 (Transitional Measures on Restrictions on Number of Institutionalized Persons)
With respect to the facilities as at the time this Act enters into force and facilities which apply for the permission for the establishment of facilities, the amended provisions of Article 41 shall not apply.
Article 9 Omitted.
ADDENDA <Act No. 5979, Apr. 30, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 2 (1) 14 shall enter into force on the date of its promulgation.
Article 2 (General Transitional Measures)
(1) The permission, authorization or revocation granted by a Mayor/Do Governor under the former provisions before this Act enters into force, shall be deemed that granted by the Minister of Health and Welfare under this Act.
(2) With respect to an application for permission and authorization which has been made to a Mayor/Do Governor under the former provisions before this Act enters into force, the former provisions shall apply, notwithstanding the amended provisions of this Act.
Article 3 (Transitional Measures concerning Term of Office of Supplementary Executive Officers)
The term of office of the supplementary executive officers installed under the former provisions as at the time this Act enters into force, shall be until the expiration date of the term of office of the supplementary executive officers under the former provisions notwithstanding the amended provisions of the proviso of Article 18 (3).
Article 4 (Transitional Measures concerning Application for Approval of Executive Officers' Installation)
An application for the approval of executive officers' installation made under the former provisions as at the time this Act enters into force, shall be deemed a report on executive officers' appointment under the amended provisions of Article 18 (5).
Article 5 (Transitional Measures Concerning Executive Officers' Ineligibility)
As at the time this Act enters into force, with respect to a person in whose case five years have not passed since an approval for installation as an executive officer was revoked, the former provisions shall apply, notwithstanding the amended provisions of Article 19 (1) 2.
Article 6 (Transitional Measures concerning Penalty Provisions, etc.)
With respect to an act subject to penalty provisions and an administrative fine which has been committed before this Act enters into force, the former provisions shall apply.
ADDENDUM <Act No. 6160, Jan. 12, 2000>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 34-2 shall enter into force three years after the date of its promulgation.
ADDENDA <Act No. 6771, Dec. 11, 2002>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) and (3) Omitted.
ADDENDA <Act No. 6801, Dec. 18, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 6960, Jul. 30, 2003>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 7, 7-2, 15-3 through 15-6, and 33-5 shall enter into force two years after the date of its promulgation.
(2) (Transitional Measures concerning Term of Office of Executive Officers) Any executive officer elected under the former provisions in force as at the time this Act enters into force may, notwithstanding the amended provision of Article 18 (2), continue to be in office until the expiration of his/her term of office.
ADDENDA <Act No. 7151, Jan. 29, 2004>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) Omitted.
ADDENDA <Act No. 7212, Mar. 22, 2004>
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. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 7587, Jul. 13, 2005>
This Act shall enter into force one month after the date of its promulgation.
ADDENDA <Act No. 7918, Mar. 24, 2006>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) and (3) Omitted.
ADDENDA <Act No. 8655, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8691, Dec. 14, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 42-3 shall enter into force on January 1, 2008 and the amended provisions of Articles 13 and 58 (1) on January 1, 2009.
Article 2 (Applicability to Fees for Applying for State Examination)
The amended provisions of Article 12 (3) shall apply beginning from the first state examination conducted after this Act enters into force.
Article 3 (Transitional Measures for Working-Level Consultative Body)
A Si/Gun/Gu which has no working-level consultative body under Article 7-2 (3) as at the time this Act enters into force shall establish a working level consultative body within three months after this Act enters into force.
Article 4 (Transitional Measures for Welfare Councilors)
The head of a Si/Gun/Gu who has not appointed welfare councilors under Article 8 as at the time this Act enters into force shall appoint welfare councilors within three months after this Act enters into force.
Article 5 (Transitional Measures for Agreement on Guidance and Supervision of Affairs of Social Welfare Facilities)
An agreement concluded between local governments to perform the guidance and supervision on the affairs of social welfare facilities before this Act enters into force shall be deemed an agreement concluded pursuant to the amended provisions of Article 51 (3).
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts which were promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the dates on which the respective Acts take effect.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9766, Jun. 9, 2009>
(1) (Enforcement Date) This Act shall enter into force on December 1, 2009.
(2) (Preparatory Conduct for Enforcement of this Act) The Minister of Health, Welfare and Family Affairs may collect and manage data necessary for building and operating an information system and request related institutions and organization to provide such data pursuant to the amended provisions of Article 6-2 (3) before this Act enters into force. In such cases, the institutions and organizations in receipt of such request shall comply therewith unless extenuating circumstances exist.
(3) (Mutatis Mutandis Application of Notification to Individuals in Need of Protection) The provisions on notification under the amend provisions of Article 33-2 (3) and (4) shall apply mutatis mutandis to any person who has been under protection pursuant to Article 33-4 before this Act enters into force.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10255, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10261, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10426, Jan. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10784, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10997, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of subparagraph 1 (x) of Article 2 shall enter into force three months after the date of its promulgation; the amended provision of item (v) of the same subparagraph on October 5, 2011; the amended provisions of item (w) of the same subparagraph and Article 34 (4) on June 8, 2012; and the amended provisions of Articles 16 (1), 17 (2), 18 (5) and (6), 20 (2), 22, 23 (3), 24, 26, 30 (1), 33 (3), 34 (3), 34-2 through 34-4, 54 and 58, and Article 3 (1) (limited to the newly inserted provision of Article 16-3 of the Community Chest of Korea Act) and (6) (limited to the amended provisions pertaining to Article 34-3) of the Addenda one year after the date of its promulgation.
Article 2 (Transitional Measures following Change of Public Office to Take Dispositions against Social Welfare Corporations)
Any disposition taken or any other act done by the Minister of Health and Welfare as well as any application filed with or any other act done in relation to the Minister of Health and Welfare under the former provisions concerning the establishment and operation of a social welfare corporation as at the time this Act enters into force shall be deemed an act done by or in relation to the Mayor/Do Governor under this Act.
Article 3 Omitted.
ADDENDA <Act No. 10998, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11002, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11007, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11009, Aug. 4, 2011>
Article 1 (Enforcement Date)
(1) This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11239, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on August 5, 2012: Provided, That the amended provisions of Article 18 (1), (2), and (7) and Article 43 shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Disqualification of Executive Officers of Social Welfare Corporations or Heads of Social Welfare Facilities)
The amended provisions of Article 19 (1) 3 and Article 35 (2) 2 and 3 shall apply to an executive officer or a head of a facility who takes office on or after the date this Act enters into force.
Article 3 (Transitional Measures concerning Appointment of Executive Officers of Social Welfare Corporations)
Notwithstanding the amended provisions of Article 18, executive officers of a social welfare corporation appointed before this Act enters into force shall be deemed appointed under this Act.
ADDENDA <Act No. 11442, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 11856, Jun. 4, 2013>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 12617, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2014. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 12618, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation.
Article 2 Omitted.
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.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDUM <Act No. 13996, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (aa) Article 2 shall enter into force one year after the date of its promulgation and the amended provisions of Article 42 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13999, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 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.
ADDENDUM <Act No. 14325, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14884, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Article 2 (Applicability to Grounds for Disqualification, etc. of Executive Officers)
The amended provisions of Articles 19 (1) 3 and 35 (2) 3 shall apply, starting from the first public official who retires after this Act enters into force.
ADDENDA <Act No. 14923, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation: Provided, That the amended provisions of Articles 19 (1) 2-2 through 2-4 and 35 (2) 1 (limited to parts that fall under the amended provisions of Article 19 (1) 2-2 through 2-4) shall enter into force one year after its promulgation, and the amended provisions of Article 11 (2) shall enter into force on January 1, 2019.
Article 2 (Applicability to Grounds for Disqualification)
The amended provisions of Articles 19 (1) and 35 (2) shall apply, starting from the first executive officer or the head of the first facility who is appointed or inaugurated after the amended provisions enter into force.
Article 3 (Transitional Measures concerning Grounds for Disqualification of Incompetents, etc.)
Notwithstanding the amended provisions of subparagraph 1 of Article 11-2 and Article 19 (1) 1, persons who have already been declared incompetent or quasi-incompetent at the time this Act enters into force and for whom such declaration remains in force pursuant to Article 2 of Addenda of the partially amended Civil Act (Act No. 10429) shall be governed by the former provisions.
Article 4 (Transitional Measures concerning Abolition of Social Welfare Committees)
The social welfare committees established in the Sis/Guns/Gus before this Act enters into force shall be considered to be City/Do social security committees prescribed by the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries.
Article 5 (Transitional Measures concerning Abolition of Regional Social Welfare Consultative Bodies)
The regional social welfare consultative bodies established in the Sis/Gus/Guns before this Act enters into force shall be considered to be regional social security consultative bodies prescribed by the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries.
Article 6 (Transitional Measures concerning Social Welfare Committee Members)
The social welfare committee members commissioned before this Act enters into force shall be considered to be social welfare committee members prescribed by the former provisions by the point of time at which the term of office terminates.
Article 7 (Transitional Measures concerning Abolition of Certificates of Grade 3 Social Workers)
(1) Any person who has acquired a certificate of grade 3 social workers pursuant to the former provisions at the time the amended provisions of Article 11 (2) enter into force shall be considered to have acquired the certificate of grade 3 social workers pursuant to the former provisions effectively, notwithstanding the said amended provisions.
(2) Any person who has acquired a certificate of grade 3 social workers pursuant to the former provisions at the time the amended provisions of Article 11 (2) enter into force may acquire a certificate of grade 2 social workers prescribed by this Act by obtaining recognition on his/her careers eligible to acquire a certificate of grade 2 social workers pursuant to the former provisions, notwithstanding the said amended provisions.
Article 8 (Transitional Measures concerning Administrative Fines)
The administrative fines imposed pursuant to the former provisions at the time this Act enters into force shall be governed by the former provisions.
Article 9 (Relations with Other Statutes)
Where other statutes have quoted the provisions of Article 33-7 of the former Social Welfare Services Act at the time this Act enters into force, they shall be considered to have quoted the provisions of Article 5-2 (1) and (2) of this Act in lieu of the former provisions, and where quoting the provisions of Articles 6-3, 7, 7-2, 8, 14, 15, 33-2, 33-3, 33-4, 33-5, 33-6, 33-8 and 41-3, they shall be considered to have quoted the relevant provisions of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries in lieu of the former provisions.
ADDENDA <Act No. 15022, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 15887, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 11 shall enter into force two years after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification of Executive Officers)
The amended provisions of Article 19 (1) 1-8 shall begin to apply to the first sexual crime under Article 2 (1) 1 of the Act on Special Cases concerning the Punishment of Sexual Crimes committed after this Act enters into force.
Article 3 (Applicability to Employment of Workers)
The amended provisions of Article 35-3 shall begin to apply to the first employment of a worker after this Act enters into force.
Article 4 (Special Cases on Qualification of Social Workers for Mental Health)
A person who qualified as a social worker for mental health pursuant to Article 17 (6) of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients shall be deemed to qualify as a social worker for mental health under this Act.
ADDENDA <Act No. 16247, Jan. 15, 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 34 (3) and 38 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Revocation of Permission for Establishment)
The amended provisions of Article 26 (1) 6 shall begin to apply to the first repetitive or collective abuse-related crimes that occur at any facility operated by a social welfare corporation after this Act enters into force.
Article 3 (Applicability to Improvement of Facilities)
The amended provisions of Article 40 (1) 9 shall begin to apply to the first child abuse-related crimes referred to in subparagraph 7-2 of Article 3 of the Child Welfare Act, crimes related to elder abuse referred to in subparagraph 5 of Article 1-2 of the Welfare of Senior Citizens Act, or other abuse-related crimes prescribed by Presidential Decree that occur at any facility after this Act enters into force.
ADDENDA <Act No. 16738, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to State Examination)
The amended provisions of the proviso to Article 11 (1) shall begin to apply to State examinations conducted after this Act enters into force.
ADDENDA <Act No. 17174, Mar. 31, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Amended Provisions of Articles 11 and 54)
(1) The amended provisions of Article 11 (6) and (7) shall be construed as Article 11 (5) and (6) until December 11, 2020, respectively.
(2) "Article 11 (6)" and "Article 11 (7)" in the amended provisions of subparagraphs 1-2 and 1-3 of Article 54 shall be construed as "Article 11 (5)" and "Article 11 (6)," respectively, until December 11, 200.