CHILD WELFARE ACT
Wholly Amended by Act No. 11002, Aug. 4, 2011
Amended by Act No. 11520, Oct. 22, 2012
Act No. 11572, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12361, Jan. 28, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13259, Mar. 27, 2015
Act No. 13653, Dec. 29, 2015
Act No. 13805, Jan. 19, 2016
Act No. 14085, Mar. 22, 2016
Act No. 14224, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 14887, Sep. 19, 2017
Act No. 14925, Oct. 24, 2017
Act No. 15889, Dec. 11, 2018
Act No. 16248, Jan. 15, 2019
Act No. 16737, Dec. 3, 2019
Act No. 17206, Apr. 7, 2020
Act No. 17784, Dec. 29, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to guarantee the welfare of children so that they can be born healthy and grow up happily and safely.
| (1) | Children shall grow up without experiencing any kind of discrimination on the grounds of gender, age, religion, social status, property, handicap, birthplace, race, etc. of themselves or their parents. |
| (2) | Children shall grow up happily in a stable family environment for the development of perfect and harmonious personality. |
| (3) | In all activities concerning children, the interests of children shall be considered, among others. |
| (4) | Children shall have the rights to be protected and assisted under this Act for the sake of their rights and promotion of welfare. |
The terms used in this Act shall be defined as follows: <Amended on Jan. 28, 2014>
| 1. | The term "child" means a person who is under 18 years of age; |
| 2. | The term "child welfare" means the economic, social, and emotional support provided to children for the creation of basic conditions for children to enjoy happy life and to grow up and develop harmoniously; |
| 3. | The term "protector" means a person with parental authority, a guardian, a person who protects, rears and educates a child or who is liable to do so, or a person who actually protects and supervises a child due to the relations of business, employment, etc.; |
| 4. | The term "child subject to protection" means a child who has no protector or is separated from a protector, or whose protector is unsuitable for, or incapable of, rearing them, such as in cases of child abuse by the protector; |
| 5. | The term "child subject to support" means a child who lacks basic conditions for harmonious and healthy growth and, thereby, needs social, economic and emotional support; |
| 6. | The term "foster care" means a system through which children subject to protection are fostered for a specific period at homes meeting the standards prescribed by Ordinance of the Ministry of Health and Welfare, for the protection of the children, no family member of which has any records of sexual assault, domestic violence, child abuse, mental disease, etc.; |
| 7. | The term "child abuse" means that any adult, including a child’s protector, does harm to the child’s health or welfare or commits physical, mental, or sexual violence, or cruel acts that are likely to impede the child’s normal growth, and the child’s protector abandons or neglects the child; |
| 7-2. | The term “child abuse-related crime” means any of the following: |
| (a) | A crime of child abuse defined in subparagraph 4 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse; |
| 8. | The term “abused child" means a child victimized by child abuse; |
| 9. | Deleted; <Mar. 22, 2016> |
| 10. | The term "child welfare facilities" means facilities established under Article 50; |
| 11. | The term "persons engaged in relevant work at child welfare facilities" means those who take charge of the affairs related to counsel, guidance, medical treatment, rearing of children, and other affairs related to child welfare at a child welfare facility. |
| Article 4 (Responsibility of the State and Local Governments) |
| (1) | The State and local governments shall formulate and implement policies for supporting children, their protectors and their homes, to promote the safety, health, and welfare of children. |
| (2) | The State and local governments shall formulate and implement policies for enhancing the rights and interests of children subject to protection and children subject to support. |
| (3) | The State and local governments shall provide assistance for children so that they can grow up in homes where they were born and shall take measures for children to grow up in an environment similar to their homes if they cannot grow up in homes where they were born; and provide assistance for children so that they can return to their homes as quickly as possible if they are separated and protected from their homes. <Newly Inserted on Mar. 22, 2016> |
| (4) | The State and local governments shall devise policies necessary for protecting the rights and interests of children with disability. <Amended on Mar. 22, 2016> |
| (5) | The State and local governments shall devise policies necessary to protect children from experiencing any kind of discrimination on the grounds of their or their parent’s gender, age, religion, social status, property, disability, birthplace, race, etc. <Amended on Mar. 22, 2016> |
| (6) | The State and local governments shall formulate and implement policies necessary for the enhancement, etc. of rights and welfare of children prescribed by the Convention on the Rights of the Child, and shall provide education necessary for such policies and publicize them. <Amended on Mar. 22, 2016> |
| (7) | The State and local governments shall provide educational support necessary for children’s protectors to rear their children happily and safely. <Newly Inserted on Jan. 28, 2014; Mar. 22, 2016> |
| Article 5 (Responsibilities of Protectors) |
| (1) | The protectors of children shall rear the children healthy and safely at home, according to the developmental stages of children. |
| (2) | No protectors of children shall inflict physical pain or psychological pain, by, e.g., using violent language, on the children. <Newly Inserted on Mar. 27, 2015> |
| (3) | All citizens shall respect the rights, interests, and safety of children, and rear them healthy. <Amended on Mar. 27, 2015> |
| Article 6 (Children’s Day and Children’s Week) |
The fifth of May and the first through seventh of May, each year, shall be designated as the Children’s Day and the Children’s Week, respectively, to encourage children to grow up to be honest, lovely, sensible and valiant, by enhancing the spirit of love and protection of the children.
CHAPTER II ESTABLISHMENT AND IMPLEMENTATION OF CHILD WELFARE POLICIES
| Article 7 (Establishment of Master Plans for Child Policies) |
| (1) | For the efficient implementation of child policies, the Minister of Health and Welfare shall establish a master plan for child policies (hereinafter referred to as "master plan") every five years. |
| (2) | A master plan shall include the following matters: |
| 1. | Analysis and appraisal of the previous master plan; |
| 2. | Basic direction-setting for and goals of pushing for child policies; |
| 3. | Major tasks to be carried forward and the methods of implementation thereof; |
| 4. | Methods of securing financial resources; |
| 5. | Other matters deemed particularly necessary in promoting child policies. |
| (3) | In establishing a master plan, the Minister of Health and Welfare shall consult with the heads of relevant central administrative agencies in advance. |
| (4) | A master plan shall be confirmed following the deliberation by the Child Policy Coordinating Committee established under Article 10. In such cases, the Minister of Health and Welfare shall notify the head of each related central administrative agency, and each of the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and the Governor of the related Special Self-Governing Province concerned (hereinafter referred to as "Mayor/Do Governor") of the confirmed master plan. |
| Article 8 (Formulation and Execution of Annual Implementation Plans) |
| (1) | Each of the Minister of Health and Welfare, the heads of relevant central administrative agencies and Mayors/Do Governors shall establish and implement an annual plan for the implementation of child policies (hereinafter referred to as "implementation plan") each year in accordance with the master plan. |
| (2) | The head of a relevant central administrative agency and a Mayor/Do Governor shall submit to the Minister of Health and Welfare an implementation plan for the next year and the performance results of implementation plan of the previous year each year, as prescribed by Presidential Decree, and the Minister of Health and Welfare shall appraise performance results of their implementation plans each year. |
| (3) | Matters necessary for the establishment, implementation, appraisal, etc. of the performance results of an implementation plan shall be prescribed by Presidential Decree. |
| Article 9 (Cooperation in Formulation of Plans) |
| (1) | If necessary for establishing and implementing master plans or implementation plans, the Minister of Health and Welfare, the heads of the related central administrative agencies, and Mayors/Do Governors may request the cooperation of the heads of relevant institutions, organizations or other private enterprises. |
| (2) | A person who receives a request pursuant to paragraph (1) shall comply with such request, unless there is good cause. |
| Article 10 (Child Policy Coordinating Committee) |
| (1) | A Child Policy Coordinating Committee (hereinafter referred to as "Committee") shall be established under the Prime Minister to formulate an overall policy for children, coordinate opinions among relevant ministries and agencies, and supervise and appraise the implementation of such policy, thus promoting the rights, healthy birth, and growth of children. |
| (2) | The Committee shall deliberate on and coordinate the following: |
| 1. | Matters concerning the formulation of a master plan; |
| 2. | Matters relating to basic direction-setting for the enhancement of rights, interests, and welfare of children; |
| 3. | Matters relating to the improvement of child policy and budget support therefor; |
| 4. | Matters relating to the implementation of child-related international treaties, and the appraisal and coordination of the progress made in the implementation thereof; |
| 5. | Matters relating to mutual cooperation among relevant ministries concerning child policies; |
| 6. | Other matters referred by the Chairperson to the Committee. |
| (3) | The Committee shall be comprised of not more than 25 members, including one Chairperson. The Prime Minister shall be the Committee Chairperson, and the following persons shall become Committee members: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | The Minister of Economy and Finance, the Minister of Education, the Minister of Justice, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Employment and Labor, and the Minister of Gender Equality and Family; |
| 2. | Not more than 15 members commissioned by the Chairperson from among the heads of child-related organizations or the persons with substantial knowledge and experience in child-related fields. |
| (4) | The Committee may entrust relevant specialized agencies or organizations with the affairs necessary for verifying the implementation of international treaties under paragraph (2) 4. |
| (5) | If deemed necessary, the Committee may request the employees of a relevant administrative agency to attend a Committee meeting and provide explanations and present necessary materials. |
| (6) | Except as provided for in paragraphs (1) through (3), necessary matters concerning the organization, operation, etc., of the Committee shall be prescribed by Presidential Decree. |
| Article 10-2 (Establishment and Operation of the National Center for the Rights of the Child) |
| (1) | The Minister of Health and Welfare shall establish the National Center for the Rights of the Child (hereinafter referred to as the "National Center for the Rights of the Child") so as to support the formulation of policies necessary for the comprehensive implementation of child policies and the effective promotion of projects related to child welfare and conduct evaluation of projects and the like. |
| (2) | The National Center for the Rights of the Child shall conduct the following affairs: <Amended on Apr. 7, 2020> |
| 1. | Development of materials for child policy formulation and analysis of policies; |
| 2. | Support for the establishment of the master plan under Article 7 and the evaluation of the action plan under Article 8 (2); |
| 3. | Support for the operation of the Committee referred to in Article 10; |
| 4. | Support for the child policy impact assessment referred to in Article 11-2; |
| 5. | Technical support for child protection services under Articles 15, 15-2, 15-3, 16, and 16-2; |
| 6. | Duties prescribed in the subparagraphs of Article 22 (6) for the prevention of child abuse; |
| 7. | Duties prescribed in the subparagraphs of Article 48 (6) to facilitate foster care services; |
| 8. | Support for the smooth operation of regional child welfare services and child welfare facilities; |
| (a) | Operation of an integrated database necessary for searching information on adopted children, adoptive families and natural families; |
| (b) | Establishment of, and linkage between, database on adopted children; |
| (c) | Research and development on domestic and foreign adoption policies and services; |
| (d) | International cooperation works relating to adoption; |
| 10. | Conducting surveys and compiling statistics related to children; |
| 11. | Education and public relations related to children; |
| 12. | Research on overseas policies and case analysis related to children; |
| 13. | Other business affairs entrusted by the Minister of Health and Welfare, the State, or a local government in accordance with this Act or other statutes and regulations. |
| (3) | The National Center for the Rights for the Child shall be a corporation and come into existence by making incorporation registration at the seat of its principal office. |
| (4) | A president shall be appointed to represent the National Center for the Rights of the Child and exercise overall control of the affairs of the National Center for the Rights of the Child, and the president shall be appointed and dismissed by the Minister of Health and Welfare. |
| (5) | The Minister of Health and Welfare may subsidize expenses incurred in establishing and operating the National Center for the Rights for the Child. |
| (6) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the National Center for the Rights for the Child. |
| (8) | Matters necessary for the composition and operation of the National Center for the Rights for the Child shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 15, 2019]
| Article 10-2 (Establishment and Operation of the National Center for the Rights of the Child) |
| (1) | The Minister of Health and Welfare shall establish the National Center for the Rights of the Child (hereinafter referred to as the "National Center for the Rights of the Child") so as to support the formulation of policies necessary for the comprehensive implementation of child policies and the effective promotion of projects related to child welfare and conduct evaluation of projects and the like. |
| (2) | The National Center for the Rights of the Child shall conduct the following affairs: <Amended on Apr. 7, 2020; Dec. 29, 2020> |
| 1. | Development of materials for child policy formulation and analysis of policies; |
| 2. | Support for the establishment of the master plan under Article 7 and the evaluation of the action plan under Article 8 (2); |
| 3. | Support for the operation of the Committee referred to in Article 10; |
| 4. | Support for the child policy impact assessment referred to in Article 11-2; |
| 5. | Technical support for child protection services under Articles 15, 15-2, 15-3, 16, and 16-2; |
| 6. | Duties prescribed in the subparagraphs of Article 22 (6) for the prevention of child abuse; |
| 7. | Duties prescribed in the subparagraphs of Article 48 (6) to facilitate foster care services; |
| 8. | Support for the smooth operation of regional child welfare services and child welfare facilities; |
| (a) | Research and development on domestic and foreign adoption policies and services; |
| (b) | International cooperation works relating to adoption; |
| 10. | Conducting surveys and compiling statistics related to children; |
| 11. | Education and public relations related to children; |
| 12. | Research on overseas policies and case analysis related to children; |
| 13. | Other business affairs entrusted by the Minister of Health and Welfare, the State, or a local government in accordance with this Act or other statutes and regulations. |
| (3) | The National Center for the Rights for the Child shall be a corporation and come into existence by making incorporation registration at the seat of its principal office. |
| (4) | A president shall be appointed to represent the National Center for the Rights of the Child and exercise overall control of the affairs of the National Center for the Rights of the Child, and the president shall be appointed and dismissed by the Minister of Health and Welfare. |
| (5) | The Minister of Health and Welfare may subsidize expenses incurred in establishing and operating the National Center for the Rights for the Child. |
| (6) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the National Center for the Rights for the Child. |
| (8) | Matters necessary for the establishment and operation of the National Center for the Rights for the Child shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 15, 2019]
[Enforcement Date: Jul. 1, 2022] Article 10-2
| Article 11 (Comprehensive Fact-Finding Surveys on Children) |
| (1) | The Minister of Health and Welfare shall conduct a comprehensive survey on actual conditions of children every five years, including the rearing and living environment of children, development of language and cognition, emotional and physical health, safety of children, and child abuse; publicly announce the results thereof; and reflect them in master plans and implementation plans: Provided, That the Minister of Health and Welfare may, if necessary, conduct fact-finding surveys for each field, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | The Minister of Health and Welfare may request the heads of related agencies, corporations, organizations, and institutions to submit data or state opinions for fact-finding surveys conducted under paragraph (1). In such cases, persons requested to do so shall cooperate in such request, unless there is good cause. <Newly Inserted on Mar. 22, 2016> |
| (3) | Matters necessary for the contents, methods, etc., of comprehensive fact-finding surveys on children of children prescribed in paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Mar. 22, 2016> |
| Article 11-2 (Child Policy Impact Assessment) |
| (1) | The State and local governments shall analyze and assess impacts of child-related policies on child welfare (hereinafter referred to as "child policy impact assessment"), as prescribed by Presidential Decree, and reflect the results thereof in the formulation and implementation of child-related policy. |
| (2) | The State and local governments may entrust a child policy impact assessment to the National Center for the Rights of the Child under Article 10-2. <Newly Inserted on Jan. 15, 2019> |
| (3) | Matters necessary for methods and procedures for conducting child policy impact assessment, entrustment thereof, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 15, 2019> |
[This Article Newly Inserted on Mar. 22, 2016]
| Article 12 (Child Welfare Deliberation Committee) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu (Gu refers to an autonomous Gu) shall establish a Child Welfare Deliberation Committee (hereinafter referred to as the "Deliberation Committee") under his or her jurisdiction to deliberate on the following matters. In such cases, the case determination committee shall be established under the jurisdiction of the Deliberation Committee as prescribed by Presidential Decree to efficiently deliberate on the matters specified in subparagraphs 2 through 7, and the matters deliberated by the case determination committee shall be deemed the matters deliberated by the case determination committee: <Amended on Dec. 29, 2020> |
| 1. | Formulation and implementation of implementation plans pursuant to Article 8; |
| 2. | Matters concerning protective measures prescribed in Article 15; |
| 3. | Matters concerning the discharge of a child from facility pursuant to Article 16; |
| 4. | Matters concerning a claim for restricting the exercise of the parental authority or sentencing the loss of the parental authority pursuant to Article 18; |
| 5. | Matters concerning the request for selection or replacement of a guardian pursuant to Article 19; |
| 6. | Matters concerning the selection of a child subject to support, and the provision of support to him or her; |
| 7. | Other matters that a Mayor/Do Governor or the head of a Si/Gun/Gu deems necessary for protecting children and providing support services to them. |
| (2) | Matters necessary for the organization, composition, operation, etc. of the Deliberation Committee shall be prescribed by ordinance of the relevant local government. |
| (3) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall annually report matters concerning the current status of the composition and operation of the Deliberation Committee to the Minister of Health and Welfare as prescribed by Presidential Decree. <Newly Inserted on Sep. 19, 2017> |
| Article 13 (Child Welfare Officials) |
| (1) | In order to perform duties related to child welfare, public officials in charge of child welfare (hereinafter referred to as "child welfare officials"), may be assigned to each Special Metropolitan City, Metropolitan City, Do, and Special Self-Governing Province (hereinafter referred to as "City/Do"); and each Si/Gun/Gu (each Gu refers to an autonomous Gu; hereinafter the same shall apply). |
| (2) | Child welfare officials shall be appointed from among persons who are qualified as social workers under Article 11 of the Social Welfare Services Act; and matters necessary for the appointment, etc. thereof shall be prescribed by ordinance of the relevant City/Do or Si/Gun/Gu. |
| (3) | Child welfare officials shall perform duties to promote child welfare in each region, including counseling for children, taking measures for protection of children, conducting surveys on their home environments, providing guidance and supervision for child welfare facilities, and rendering an on-site inspection, guidance, supervision, etc., for the prevention of crimes against children. |
| (4) | The Mayor/Do Governor or the head of a Si/Gun/Gu may assign private specialists to support the duties of child welfare officials, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Dec. 29, 2020> |
| (5) | If requested by a child welfare official or private specialist under paragraph (4) (hereinafter referred to as "private specialist") to cooperate, a related administrative agency, a child welfare facility, or a person who establishes or operates a child welfare organization (referring to an institution or organization established for the purposes of guaranteeing the rights of children and promoting child welfare; hereinafter the same shall apply), shall comply with such request unless there is good cause. <Amended on Mar. 22, 2016; Dec. 29, 2020> |
[Title of This Article Amended on Dec. 29, 2020]
| Article 14 (Child Commissioner) |
| (1) | Child commissioners shall be assigned to each Si/Gun/Gu. |
| (2) | Child commissioners shall always grasp in detail the living conditions and family environment of children within the competent area, render assistance and guidance necessary for child welfare, and cooperate with the child welfare officials, private specialists, and related administrative agencies. <Amended on Dec. 29, 2020> |
| (3) | Child commissioners may undergo the pertinent education for the smooth performance of their duties. |
| (4) | Child commissioner shall be an honorary post, but he or she may receive an allowance. |
| (5) | Other matters necessary for child commissioners shall be prescribed by ordinance of the relevant Si/Gun/Gu. |
CHAPTER III CHILD PROTECTION SERVICES AND PREVENTION OF CHILD ABUSE
SECTION 1 Child Protection Services
| Article 15 (Protective Measures) |
| (1) | When a Mayor/Do Governor or the head of a Si/Gun/Gu finds a child subject to protection within his or her jurisdiction or receives a request from a protector of the child, he or she shall take the following protective measures in the best interests of the child, as prescribed by Presidential Decree: <Amended on Jan. 28, 2014; Dec. 29, 2020> |
| 1. | Requiring a child welfare official, private specialist or child commissioner to provide counseling or guidance to the child subject to protection or the protector; |
| 2. | Measures to protect and rear a child at the family of a person who is a relative prescribed in subparagraphs 1 and 2 of Article 777 of the Civil Act; |
| 3. | Entrusting a child subject to protection to a suitable type of family and taking measures to protect and rear him or her; |
| 4. | Placing the child subject to protection into a child welfare facility suitable for the protective measures; |
| 5. | Hospitalizing or committing in a specialized hospital or sanatorium, a child subject to protection for special medical care, recuperation, etc., due to drug or alcohol addiction; emotional, behavioral or developmental disorder; sexual violence; child abuse; etc.; |
| (2) | Where a person other than the Mayor/Do Governor or the head of a Si/Gun/Gu discovers a child subject to protection or receives a request from a protector, he or she shall without delay request the Mayor/Do Governor or the head of a Si/Gun/Gu to take protective measures. <Newly Inserted on Dec. 29, 2020> |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu may take protective measures prescribed in paragraph (1) 3 through 6 for a child subject to protection to whom the protective measures prescribed in paragraph (1) 1 and 2 are unsuitable. In such cases, he or she shall provide counseling services for the child subject to protection, perform a physical examination and a psychological test for such child, and investigate such child’s home environment before he or she takes protective measures under paragraph (1) 3 through 6. <Amended on Mar. 22, 2016; Dec. 29, 2020> |
| (4) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to take protective measures under paragraph (1), he or she shall protect a child subject to protection with the formulation of an individual protection and management plan for such child including the following matters; and when formulating such plan, he or she may require the protector of the relevant child subject to protection to participate in the formulation of such plan: <Newly Inserted on Mar. 22, 2016; Dec. 29, 2020> |
| 1. | Plans for protective measures under paragraph (1); |
| 2. | Plans for supporting children and their protectors; |
| 3. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | When taking protective measures under paragraph (1) 3 through 6 and temporary protective measures under paragraph (6), a Mayor/Do Governor or the head of a Si/Gun/Gu shall respect the opinion of the relevant child subject to protection; and, if such child has a protector, he or she shall hear the opinion of the protector of such child: Provided, That the same shall not apply where such child’s protector is a child abuser under subparagraph 5 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse (hereinafter referred to as "child abuser"). <Amended on Jan. 28, 2014; Mar. 22, 2016; Oct. 24, 2017; Dec. 29, 2020> |
| (6) | If necessary before a Mayor/Do Governor or the head of a Si/Gun/Gu takes protective measures under paragraph (1) 3 through 6 in any of the following cases, he or she may protect a child subject to protection by admitting him or her to a temporary child protection facility under Article 52 (1) 2 or an abused children's shelter under Article 53-2, or require an appropriate foster home or a person who is deemed suitable to protect the child through a temporary entrustment (hereinafter referred to as "temporary protective measures"). In such cases, he or she shall conduct a survey to provide counseling services, to perform a physical examination and a psychological test, and to investigate a home environment for such child subject to protection during the period of protection; and shall consider the outcomes of such survey when he or she takes protective measures. <Amended on Mar. 22, 2016; Dec. 29, 2020> |
| 1. | Where it is found in the course of an on-site investigation of a child for whom child abuse reports have been filed at least twice within one year that abuse is highly suspected and likely to recur; |
| 2. | Where an emergency measure under Article 12 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse or an urgent ad hoc measure under Article 13 of the same Act expires with respect to a child, but no request is made for an ad hoc measure under Article 15 of the same Act by the time a decision to take protective measures is made under paragraph (1); |
| 3. | Where a child’s protector refuses, evades an answer, makes a false answer, or obstructs such answer in the course of an on-site investigation; |
| 4. | Where a Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary to temporarily protect a child until protective measures prescribed in paragraph (1) 3 through 6 are taken. |
| (7) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall take adequate measures for prevention, with respect to the family of children who are likely to have such problems as drug or alcohol addiction; emotional, behavioral or developmental disorder; etc., within his or her jurisdiction. <Amended on Mar. 22, 2016; Dec. 29, 2020> |
| (8) | No person shall physically and mentally threaten persons engaged in relevant work at child welfare facilities subject to such protective measures, in relation to protective measures and temporary protective measures prescribed in paragraph (1). <Amended on Mar. 22, 2016; Dec. 29, 2020> |
| (9) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall verify the criminal history records of a person who desires to provide foster care for a child. In such cases, he or she shall request the head of the related agency to check the criminal history records with the consent of the relevant person. <Amended on Mar. 22, 2016; Dec. 29, 2020> |
| (10) | The president of the National Center for the Rights of the Child or the head of a foster care center under Article 48 may request the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu to provide cooperation regarding such measures as identification of an entrusted child, a person who desires to provide foster care for a child, parents of the entrusted child, etc.; and the Mayor/Do Governor or the head of the Si/Gun/Gu in receipt of such request shall comply therewith unless there is good cause. <Amended on Mar. 22, 2016; Jan. 15, 2019; Dec. 29, 2020> |
| (11) | Matters necessary for the counseling services, physical examination, psychological test, and investigation of a home environment, referred to in paragraphs (3) and (6), criminal history record check referred to in paragraph (9), and the procedures, scope, etc., for request to inquire into identification referred to in paragraph (10), shall be prescribed by Presidential Decree. <Amended on Mar. 22, 2016; Dec. 29, 2020> |
| Article 15-2 (Use of Social Security Information System) |
A Mayor/Do Governor or the head of a Si/Gun/Gu shall manage information necessary for protective measures, including counseling services, physical examinations, psychological tests, surveys on home environments for children subject to protection, and individual protection and management plans, referred to in Article 15, using a social security information system established pursuant to Article 37 (2) of the Framework Act on Social Security. [This Article Newly Inserted on Mar. 22, 2016]
| Article 15-2 (Establishment and Operation of Integrated Child Information System) |
| (2) | The Minister of Health and Welfare may collect, manage and possess any of the following information necessary to establish and operate a child information system, and request the heads of central administrative agencies, local governments, related institutions or organizations, etc. to provide necessary information. In such cases, the head of an agency in receipt of a request shall comply therewith unless there is good cause. |
| 1. | Information retained by child welfare facilities referred to in subparagraph 10 of Article 3; |
| 2. | Information about protective measures, discharges and follow-up management of children subject to protection under Articles 15, 16, and 16-2; |
| 4. | Information on the support for integrated services for children belonging to a vulnerable social group under Article 37; |
| 5. | Information on the support for self-reliance under Articles 38 through 44; |
| 6. | Information retained by community-based childcare centers under Article 44-2; |
| 7. | Information retained by specialized child protection agencies under Articles 45 and 46; |
| 8. | Information held by foster care centers under Articles 48 and 49; |
| 14. | Other information necessary for performing duties related to child welfare, as prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare shall formulate policies necessary for protecting personal information throughout entire course of the establishment and operation of the child information system. |
| (4) | In order to effectively protect and support children, the Minister of Health and Welfare may take measures for linking necessary information with private organizations and institutions that handle the information referred to in the subparagraphs of paragraph (2). In such cases, the relevant organization and institution may use the linked information within the extent of the purpose of information linkage. |
| (5) | The Minister of Health and Welfare may entrust affairs concerning the establishment and operation of the child information system to a specialized institution, as prescribed by Presidential Decree. |
| (6) | Other necessary matters for the establishment, operation, etc. of the child information system shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 29, 2020]
[Enforcement Date: Jul. 1, 2022] Article 15-2
| Article 15-3 (Inspection of Conditions of Rearing of Children Subject to Protection) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall annually inspect the conditions of the rearing of children subject to protection who are placed under protective measures under Article 15 (1) 2 through 6, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu may, where deemed necessary to protect the welfare of children subject to protection or the relevant protective measures is deemed inappropriate, change the relevant protective measures without delay based on the outcomes of inspection of the conditions of the rearing prescribed in paragraph (1). |
[This Article Newly Inserted on Mar. 22, 2016]
| Article 15-4 (Identification and Fact-Finding Surveys on Blind Spots in Child Protection) |
| (1) | The Minister of Health and Welfare may process the following data or information through the social security information system established under Article 37 of the Framework Act on Social Security (hereinafter referred to as "social security information system"), and may select children subject to fact-finding surveys for child protection based on the relevant data for the purposes of identifying children in need of protection and improving the child-rearing environment: |
| (2) | In order to eliminate blind spots in child protection, the Minister of Health and Welfare may provide a Mayor/Do Governor or the head of a Si/Gun/Gu with data or information and the list of children subject to fact-finding surveys prescribed in paragraph (1). |
| (3) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall conduct an investigation on the child-rearing environment by visiting the child's address, etc. based on the data or information provided by the Minister of Health and Welfare and the list of the children subject to fact-finding surveys provided pursuant to paragraph (2). |
| (4) | If deemed necessary according to the results of investigation under paragraph (3), the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take appropriate measures, such as providing welfare services, taking protective measures under Article 15, connecting to investigative agencies or specialized child protection agencies, etc. |
| (5) | The Minister of Health and Welfare may establish and operate an information system necessary for identifying blind spots in child protection and establishing a child protection system. In such cases, he or she may use links with the social security information system. |
| (6) | Any person who conducts investigations pursuant to paragraph (3) shall carry an identity card indicating his or her authority and produce it to persons involved. |
| (7) | Matters necessary for, among other things, timing and procedures for investigations under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Dec. 29, 2020]
| Article 15-5 (Support for Visitation) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall support visitation between a child for whom protective measures are being put in place under Article 15 (1) 3 through 5 and his or her family under Article 779 of the Civil Act: Provided, That if the safety and welfare of the child is likely to be undermined due to child abuse or the like, he or she may suspend or terminate support. |
| (2) | Matters necessary for, among other things, the methods of and procedures for the visitation referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Dec. 29, 2020]
[Enforcement Date: Dec. 30, 2021] Article 15-5
| Article 16 (Discharge of Children Subject to Protection from Facilities) |
| (1) | Where a child subject to protection for whom protective measures are being put in place pursuant to Article 15 (1) 3 through 5 reaches 18 years of age, or where the objective of the protection is deemed achieved, the relevant Mayor/Do Governor or head of the Si/Gun/Gu shall cease protective measures for such child subject to protection or discharge such child subject to protection from the relevant facility, according to the procedures and methods prescribed by Presidential Decree. <Amended on Mar. 22, 2016> |
| (2) | A person determined by Ordinance of the Ministry of Health and Welfare, such as a person with parental authority or legal guardian of a child subject to protection who is placed under protective measures pursuant to Article 15 (1) 2 through 4, may file an application for returning the relevant child subject to protection to his or her family, with the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu. <Newly Inserted on Mar. 22, 2016> |
| (3) | Upon receipt of an application for return of a child subject to protection to his or her home under paragraph (2), the Mayor/Do Governor or the head of a Si/Gun/Gu may allow the child to return to his or her home, after hearing the opinions of the heads of child welfare facilities, such as the head of the National Center for the Rights of the Child, and a doctor who provided counseling or treatment for the child, if deemed that the termination or release is not contrary to the welfare of the child: Provided, That this shall not apply where a child abuser living in a home to which a child subject to protection intends to return does not participate in counseling, education, psychological therapy, etc., prescribed by Presidential Decree. <Newly Inserted on Mar. 22, 2016; Dec. 29, 2020> |
| (4) | Notwithstanding paragraph (1), if a child for whom protective measures are being put in place pursuant to Article 15 falls under any of the following, the relevant Mayor/Do Governor or head of a Si/Gun/Gu may extend the period of protection of the relevant child: <Amended on Mar. 22, 2016> |
| 1. | Where the child is studying at school, the level of which is not higher than the universities and colleges provided for by Article 2 of the Higher Education Act (excluding graduate schools); |
| 3. | Other cases prescribed by Presidential Decree, require that the child should be continuously protected and reared at a foster home or various child welfare facilities. |
| (5) | Notwithstanding the main clause of paragraph (3), if a child abuse is suspected to re-occur according to the results of verification under Article 28 (1), a Mayor/Do Governor or the head of a Si/Gun/Gu may revoke a decision on return to the family of the child subject to protection, subject to deliberation by a case determination committee: Provided, That if there is an urgent need for revocation because of a substantial risk of recurrence of child abuse, the relevant case may be revoked without deliberation by the relevant case determination committee and may be reported afterwards. <Newly Inserted on Dec. 29, 2020> |
| Article 16-2 (Follow-Up Management of Children Subject to Protection) |
A Mayor/Do Governor or the head of a Si/Gun/Gu shall require related public officials, including child welfare officials, and private specialists to visit the homes of children subject to protection who have returned to their families due to the cessation of protective measures, and provide guidance and management necessary for the promotion of welfare of the relevant children. <Amended on Dec. 29, 2020>
[This Article Newly Inserted on Mar. 22, 2016]
| Article 17 (Prohibited Acts) |
No person shall engage in any of the following conduct: <Amended on Jan. 28, 2014>
| 2. | Having a child engage in lewd acts or arranging such acts, or committing sexual harassment or sexual abuse against a child that may make him or her feel sexually ashamed; |
| 3. | Committing physical abuse against a child that may hurt his or her body or injure his or her physical health and development; |
| 4. | Deleted; <Jan. 28, 2014> |
| 5. | Committing emotional abuse against a child that may injure his or her mental health and development; |
| 6. | Abandoning a child under his or her protection and supervision, or neglecting the basic protection, rearing, medical treatment and education, including food, clothing and shelter; |
| 7. | Placing a child with disability to public viewing; |
| 8. | Having a child go begging, or asking for alms by taking advantage of a child; |
| 9. | Having a child do acrobatics that are harmful to the child’s health or safety for the purpose of public recreation or entertainment, or handing over a child to a third person to that end; |
| 10. | Mediating rearing of a child by any person who is not an intermediary agency having a legal competence, and thereby receiving, demanding, or promising to offer money or goods; |
| 11. | Using the money and goods donated or provided for children for purposes other than originally intended. |
| Article 18 (Requests for Sentencing Loss of Parental Authority) |
| (1) | A Mayor/Do Governor, the head of a Si/Gun/Gu, or a prosecutor shall, if deemed necessary for a child’s welfare, request the court to restrict the exercise of parental authority or sentence the loss of parental authority, if he or she identifies that a person with parental authority abuses such authority or commits significant misconducts or child abuse or that any other serious grounds exist to make the parental authority unexercisable. |
| (2) | In cases falling under paragraph (1), the head of a child welfare facility or the head of a school under the Elementary and Secondary Education Act (hereinafter referred to as “the head of a school"), may request the relevant Mayor/Do Governor or head of the relevant Si/Gun/Gu or prosecutor to file a claim with the court to restrict the exercise of parental authority or sentence the loss of parental authority. <Amended on Mar. 22, 2016> |
| (3) | Where a request for claiming the restriction of the exercise of parental authority or the sentence of the loss of parental authority is filed under paragraph (1) or (2), a Mayor/Do Governor, the head of a Si/Gun/Gu, or a prosecutor shall respect the opinions of the head of a child welfare facility, such as the National Center for the Rights of the Child and specialized child protection agencies, a doctor who provided counseling or treatment for the child as well as the opinions of the child. <Amended on Dec. 29, 2020> |
| (4) | Upon receipt of a request for claiming the restriction of the exercise of the parental authority or the sentence of the loss of the parental authority under paragraph (2), a Mayor/Do Governor, the head of a Si/Gun/Gu, or a prosecutor shall determine whether to file such claim and shall inform the relevant requesting agency of the purport of, and reason for, the claim or nonclaim in writing within 30 days from the date of receipt of such request. |
| (5) | Where the head of a child welfare facility or the head of a school who is notified of the outcomes of the process pursuant to paragraph (4) has an objection to such outcomes of the process, he or she may personally file a claim with the court for the restriction of the exercise of parental authority or the sentence of the loss of parental authority within 30 days from the date of receipt of notification. <Amended on Jan. 28, 2014; Mar. 22, 2016> |
| Article 19 (Request for Selection of Child’s Guardian) |
| (1) | Where a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a child welfare facility, or the head of a school identifies a child without a person with parental authority or a guardian, he or she shall request the court to select the child's guardian, if deemed necessary for the welfare of such child. <Amended on Mar. 22, 2016> |
| (2) | Where the guardian of a child commits serious misconduct, such as abusing the relevant child, the relevant Mayor/Do Governor, head of a Si/Gun/Gu, head of a child welfare facility, head of a school, or prosecutor, shall request the court to replace the guardian. <Amended on Mar. 22, 2016> |
| (3) | When a claim is filed for the selection of a guardian under paragraph (1) or for replacement of a guardian under paragraph (2), the relevant child's opinion shall be respected. |
| Article 20 (Appointment of Child's Guardian) |
| (1) | Deleted. <Dec. 29, 2020> |
| (2) | With respect to a child without a guardian, the court in receipt of a request for the appointment of a guardian under Article 19 (1) and (2) may require the head of a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a specialized child protection agency under Article 45 (hereinafter referred to as "specialized child protection agency"), the head of a foster care center, or the president of the National Center for the Rights of the Child to act as a guardian temporarily until a guardian is appointed. In such cases, the opinion of the relevant child shall be respected. <Amended on Mar. 22, 2016; Oct. 24, 2017; Jan. 15, 2019; Dec. 29, 2020> |
| Article 21 (Appointment of Assistants) |
| (1) | In the examination process by a court, any of attorney-at-laws, legal representatives, lineal relatives, siblings, anti-child abuse officials under Article 22 (4), the National Center for the Rights of the Child, or counselors of specialized child protection agencies may become an assistant in the examination of an abused child case: Provided, That a person other than an attorney-at-law shall obtain permission from the court. <Amended on Jan. 15, 2019; Apr. 7, 2020> |
| (2) | In examining an abused child as a witness, the court may permit a person trusted by the abused child to sit with him or her, if any application for it is filed by a prosecutor, the abused child and his or her protector, the president of the National Center for the Rights of the Child or a specialized child protection agency. <Amended on Jan. 15, 2019> |
| (3) | Paragraphs (1) and (2) shall also apply where a criminal investigation agency examines an abused child. |
SECTION 2 Prevention of Child Abuse
| Article 22 (Obligations to Prevent Child Abuse) |
| (1) | The State and local governments shall take the following measures to prevent child abuse: |
| 1. | Formulation and implementation of diverse policies to prevent child abuse; |
| 2. | Research, education, and publicity to prevent child abuse, and fact-finding surveys on child abuse; |
| 3. | Establishment and operation of a reporting system concerning child abuse; |
| 4. | Protection of, and medical treatment for, abused children, and support for the abused children's homes; |
| 5. | Other matters prescribed by Presidential Decree for the prevention of child abuse. |
| (2) | Local governments shall install emergency telephones to prevent child abuse and receive reports at any time. In such cases, matters necessary for such installation and operation shall be prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall perform the following duties for such purposes as detecting and protecting abused children: <Newly Inserted on Apr. 7, 2020> |
| 1. | Receipt of reports on child abuse, on-site investigations, and emergency protection; |
| 2. | Counseling and investigations of abused children, their families and child abusers; |
| 3. | Other duties prescribed by Presidential Decree with regard to child abuse. |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall appoint an anti-child abuse official to perform the duties specified in the subparagraphs of paragraph (3) (hereinafter referred to as "anti-child abuse official"). <Newly Inserted on Apr. 7, 2020> |
| (5) | Anti-child abuse officials shall be appointed from among persons who are qualified as social workers under Article 11 of the Social Welfare Services Act; and matters necessary for the appointment, etc. thereof shall be prescribed by ordinance of the relevant City/Do or Si/Gun/Gu. <Newly Inserted on Apr. 7, 2020> |
| (6) | The National Center for the Rights of the Child shall perform the following duties to facilitate child abuse prevention activities: <Newly Inserted on Jan. 15, 2019; Apr. 7, 2020> |
| 1. | Support for specialized child protection agencies; |
| 2. | Research and publication of materials related to child abuse prevention activities; |
| 3. | Establishment of a linking system for efficient child abuse prevention activities; |
| 4. | Development and evaluation of programs for child abuse prevention activities; |
| 5. | On-the-job training for employees working in specialized child protection agencies and abused children's shelters as well as for anti-child abuse officials, and education and publicity related to child abuse prevention; |
| 6. | Establishment and operation of a computerized system for specialized child protection agencies; |
| 7. | Other duties related to child abuse prevention activities prescribed by Presidential Decree. |
| (7) | Where necessary to perform the following duties, a Mayor/Do Governor, the head of a Si/Gun/Gu, the president of the National Center for the Rights of the Child, or the head of a specialized child protection agency may utilize information or data related to child abuse in the national child abuse information system prescribed in Article 28-2: <Amended on Apr. 7, 2020> |
| 1. | A Mayor/Do Governor or the head of a Si/Gun/Gu: Affairs set forth in the subparagraphs of paragraph (3); |
| 2. | The president of the National Center for the Rights of the Child: Affairs prescribed in the subparagraphs of paragraph (6). |
| 3. | The head of a specialized child protection agency: Affairs prescribed in the subparagraphs of Article 46 (2). |
| Article 22 (Obligations to Prevent Child Abuse) |
| (1) | The State and local governments shall take the following measures to prevent child abuse: |
| 1. | Formulation and implementation of diverse policies to prevent child abuse; |
| 2. | Research, education, and publicity to prevent child abuse, and fact-finding surveys on child abuse; |
| 3. | Establishment and operation of a reporting system concerning child abuse; |
| 4. | Protection of, and medical treatment for, abused children, and support for the abused children's homes; |
| 5. | Other matters prescribed by Presidential Decree for prevention of child abuse. |
| (2) | Local governments shall install emergency telephones to prevent child abuse and receive reports at any time. In such cases, matters necessary for such installation and operation shall be prescribed by Presidential Decree. <Amended on Jan. 28, 2014> |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall perform the following duties to detect and protect abused children: <Newly Inserted on Apr. 7, 2020> |
| 1. | Receipt of reports on child abuse, on-site investigations, and emergency protection; |
| 2. | Counseling and investigations of abused children, their families and child abusers; |
| 3. | Other duties related to child abuse as prescribed by Presidential Decree. |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall appoint anti-child abuse officials (hereinafter referred to as "anti-child abuse officials") to perform the duties specified in the subparagraphs of paragraph (3). <Newly Inserted on Apr. 7, 2020> |
| (5) | Anti-child abuse officials shall be appointed from among persons who are qualified as social workers under Article 11 of the Social Welfare Services Act; and matters necessary for the appointment, etc. thereof shall be prescribed by ordinance of the relevant City/Do or Si/Gun/Gu. <Newly Inserted on Apr. 7, 2020> |
| (6) | The National Center for the Rights of the Child shall perform the following duties to facilitate child abuse prevention activities: <Newly Inserted on Jan. 15, 2019; Apr. 7, 2020> |
| 1. | Support for specialized child protection agencies; |
| 2. | Research and publication of materials related to child abuse prevention activities; |
| 3. | Establishment of a linking system for efficient child abuse prevention activities; |
| 4. | Development and evaluation of programs for child abuse prevention activities; |
| 5. | On-the-job training for employees working in specialized child protection agencies and shelters for abused children and anti-child abuse officials, and education and publicity related to child abuse prevention; |
| 6. | Establishment and operation of a computerized system for specialized child protection agencies; |
| 7. | Other duties related to child abuse prevention activities prescribed by Presidential Decree. |
| (7) | A Mayor/Do Governor, the head of a Si/Gun/Gu, the president of the National Center for the Rights of the Child, or the head of a specialized child protection agency may utilize information or data related to child abuse in the child information system, if necessary to perform the following duties: <Amended on Apr. 7, 2020; Dec. 29, 2020> |
| 1. | A Mayor/Do Governor or the head of a Si/Gun/Gu: Affairs set forth in the subparagraphs of paragraph (3); |
| 2. | The president of the National Center for the Rights of the Child: Affairs prescribed in the subparagraphs of paragraph (6). |
| 3. | The head of a specialized child protection agency: Affairs prescribed in the subparagraphs of Article 46 (2). |
[Enforcement Date: Jul. 1, 2022] Article 22
| Article 22-2 (Prevention of Abuse on Students and Support) |
| (1) | The State and local governments shall construct a system for the early detection of child abuse relating to preschoolers in preschools under the Early Childhood Education Act and to students in schools under the Elementary and Secondary Education Act (hereafter in this Article, referred to as "students, etc.") and an interlocking system to related institutions, such as specialized child protection agencies under Article 45; and provide support so that abused students, etc. may stably adapt themselves to preschools or schools. <Amended on Jan. 15, 2019> |
| (2) | For the early detection of child abuse and prompt protective measures therefor, the Minister of Education or a superintendent of education shall share information on long-term absent students, etc., with the Minister of Health and Welfare, as prescribed by Presidential Decree. <Amended on Dec. 29, 2020> |
| (3) | For the early detection of child abuse and prompt s therefor, the Minister of Health and Welfare and the head of a local government shall share information on children at risk of abuse with the Minister of Education or a superintendent of education, as prescribed by Presidential Decree. <Newly Inserted on Dec. 29, 2020> |
| (4) | The Minister of Health and Welfare may entrust affairs prescribed by Presidential Decree, such as supporting adaptation in schools under paragraph (1), to an institution designated by the Minister of Education or the superintendent of education under the Local Education Autonomy Act. <Amended on Dec. 29, 2020> |
[This Article Newly Inserted on Oct. 24, 2017]
[Previous Article 22-2 Moved to Article 22-3 <Oct. 24, 2017>]
| Article 22-3 (Measures including Inquiry into Identification of Abused Children) |
| (1) | Where the head of the National Center for the Rights of the Child and the head of a specialized child protection agency provides protection, medical treatment, etc., of an abused child, he or she may request cooperation from the head of a related central administrative agency, relevant Mayor/Do Governor, or head of the relevant Si/Gun/Gu to take the following measures with regard to the abused child, his or her protector, or a child abuser; and the head of the related central administrative agency, Mayor/Do Governor, or head of the Si/Gun/Gu in receipt of such request, shall comply therewith unless there is good cause: <Amended on Dec. 11, 2018; Jan. 15, 2019> |
| 1. | Perusing and issuing an attestation of alien registration under the Immigration Act; |
| (2) | Fees shall be exempted for documents issued, etc. to the head of a specialized child protection agency by the head of the related central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu under paragraph (1). <Newly Inserted on Dec. 11, 2018> |
[This Article Newly Inserted on Mar. 27, 2015]
[Moved from Article 22-2 <Oct. 24, 2017>]
| Article 22-4 (Formulation of Plan for Protecting Abused Children) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall formulate a plan for protecting an abused child (hereinafter referred to as "protection plan") including the following matters after conducting investigation on the abused child, and notify the head of a specialized child protection agency of such plan: |
| 1. | Whether to take protective measures for an abused child under Article 15 (1); |
| 2. | Direction-setting and procedures for intervention in child abuse, including whether to file an accusation of child abuse; |
| 3. | Whether to provide support to the abused child and his or her family; |
| 4. | Other matters specified by Presidential Decree. |
| (2) | Where specialized judgment prescribed by Ordinance of the Ministry of Health and Welfare, such as medical or legal judgment, is necessary in establishing a protection plan, a Mayor/Do Governor or the head of a Si/Gun/Gu may formulate a protection plan after seeking the opinion of the committee of experts on child abuse cases referred to in Article 22-5 (1). |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu may request the president of the National Center for the Rights of the Child, the head of a specialized child protection agency and the head of the relevant police station to provide related data on child abuse cases which have occurred in the relevant area. |
| (4) | The head of a specialized child protection agency in receipt of a protection plan pursuant to paragraph (1) shall formulate a case management plan for the abused child, including treatment, education and counseling programs for the abused child, his or her family and the child abuser (hereinafter referred to as "case management plan"), taking into account risks such as recurrence of child abuse. |
| (5) | The head of a specialized child protection agency shall provide services in accordance with the case management plan and report the results thereof to a Mayor/Do Governor or the head of a Si/Gun/Gu. |
| (6) | Matters necessary for the formulation, implementation, etc. of a protection plan and a case management plan shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 7, 2020]
| Article 22-5 (Committee of Experts on Child Abuse Cases) |
| (1) | The Minister of Health and Welfare shall establish a committee of experts on child abuse cases (hereinafter referred to as "committee of experts on cases") under the Ministry of Health and Welfare to provide advice pursuant to Article 22-4 (2). |
| (2) | No person who attends meetings of the committee of experts on cases shall divulge confidential information he or she has obtained in the course of performing duty or make unfair gains by using such confidential information. |
| (3) | Matters necessary for establishing, operating, etc. the committee of experts on cases shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Apr. 7, 2020]
| Article 23 (Day for Prevention of Child Abuse) |
| (1) | The nineteenth day of November, each year, shall be designated as the Day for Prevention of Child Abuse, and the one week period commencing from the Day for Prevention of Child Abuse shall be designated as the Week for Prevention of Child Abuse, in order to promote the healthy growth of children and to increase the nationwide interest in the prevention of child abuse. |
| (2) | The State and local governments shall endeavor to hold events and to conduct publicity activities, which fit for the purpose of the Day for Prevention of Child Abuse. |
| Article 24 (Production, Distribution and Transmission of Promotional Video Images) |
| (1) | The Minister of Health and Welfare shall produce promotional video images related to the prevention of child abuse, education for guiding wrongdoers, etc. and distribute them to persons in charge of broadcast programming defined in subparagraph 23 of Article 2 of the Broadcasting Act. |
| (2) | The Minister of Health and Welfare may request broadcasting business entities defined in subparagraph 3 of Article 2 of the Broadcasting Act to broadcast promotional videos prescribed in paragraph (1) for each channel within the ratio of programming non-commercial and public interest advertisements as prescribed by Presidential Decree pursuant to Article 73 (4) of that Act. <Amended on Apr. 7, 2020> |
| (3) | A broadcasting business entity prescribed in paragraph (2) may produce and broadcast its own promotional videos besides the promotional videos prescribed in paragraph (1). In such cases, it may request the Minister of Health and Welfare to render necessary cooperation and assistance. <Amended on Apr. 7, 2020> |
| Article 25 Deleted. <Jan. 28, 2014> |
| Article 26 (Education for Persons Obligated to Report Child Abuse) |
| (1) | The head of a related central administrative agency shall include the details of education concerning the prevention of child abuse and obligation to report, in education courses for acquiring qualifications or refresher courses, for persons (hereinafter referred to as "persons obligated to report child abuse") falling under any of the subparagraphs of Article 10 (2) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse. <Amended on Jan. 28, 2014; Mar. 27, 2015> |
| (2) | The head of a related central administrative agency and a relevant Mayor/Do Governor, may notify persons obligated to report child abuse of the fact that they are persons obligated to report child abuse; and may conduct education related to the prevention of child abuse and the duty to report child abuse (hereafter in this Article, referred to as “education on the duty to report”). <Newly Inserted on Mar. 27, 2015> |
| (3) | The head of an institution, facility, etc. to which persons obligated to report child abuse belong, shall provide the persons obligated to report child abuse with education on the duty to report; and shall submit the outcomes of education to the head of a related central administrative agency: <Newly Inserted on Mar. 27, 2015; Oct. 24, 2017> |
| 1. | Deleted; <Oct. 24, 2017> |
| 2. | Deleted; <Oct. 24, 2017> |
| 3. | Deleted; <Oct. 24, 2017> |
| 4. | Deleted. <Oct. 24, 2017> |
| (4) | Other necessary matters, such as details, hours, and methods of education prescribed in paragraphs (1) through (3), shall be prescribed by Presidential Decree. <Amended on Mar. 27, 2015> |
| Article 26-2 (Implementation of Child Abuse Prevention Education) |
| (1) | The head of a government agency, the head of a local government, the head of a public institution established under the Act on the Management of Public Institutions, the head of a public organization prescribed by Presidential Decree, shall conduct necessary education for the prevention of child abuse at least once a year; and shall submit the outcomes thereof to the Minister of Health and Welfare. |
| (2) | Persons who are not subject to education, such as a protector of a child, under paragraph (1) may receive necessary education for the prevention of child abuse at a specialized child protection agency or at an educational institution prescribed by Presidential Decree. <Amended on Jan. 15, 2019; Dec. 29, 2020> |
| (3) | The Minister of Health and Welfare shall nurture specialists and develop and supply educational programs, for education prescribed in paragraphs (1) and (2). |
| (4) | Details, hours, and methods of education prescribed in paragraphs (1) and (2), and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 27 Deleted. <Jan. 28, 2014> |
| Article 27-2 (Notification of Child Abuse) |
| (1) | If, in the course of performing his or her duties relating to a child death or injury case, a domestic violence case or the like, a judicial police officer has grounds for suspecting that a child has been abused, , he or she shall notify such fact to the Mayor/Do Governor, the head of the Si/Gun/Gu or the president of the National Center for the Rights of the Child. <Amended on Jan. 15, 2019; Apr. 7, 2020> |
| (2) | Upon requesting temporary measures pursuant to Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse, a judicial police officer or probation officer shall give notice thereof to a Mayor/Do Governor, the head of a Si/Gun/Gu or the president of the National Center for the Rights of the Child. <Amended on Jan. 15, 2019; Apr. 7, 2020> |
| (3) | A Mayor/Do Governor, the head of a Si/Gun/Gu, or the president of the National Center for the Rights of the Child notified under paragraphs (1) and (2) shall take necessary measures, such as the protective measures for abused children. <Amended on Jan. 15, 2019; Apr. 7, 2020> |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 27-3 (Prohibition against Refusing to Take Emergency Custody of Abused Children) |
If a judicial police officer or an anti-child abuse official hands over an abused child pursuant to Article 12 (1) 3 or 4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse, neither a protection facility for abused children nor a medical institution shall refuse to take custody of such child without good reason. <Amended on Jan. 15, 2019; Apr. 7, 2020>
[This Article Newly Inserted on Jan. 28, 2014]
| Article 28 (Follow-Up Management) |
| (1) | The president of the National Center for the Rights of the Child or the head of a specialized child protection agency shall verify whether any child abuse recurs, by visiting the child's home, counseling by telephone or other means, even after the settlement of the child abuse. <Amended on Jan. 15, 2019> |
| (2) | If deemed necessary for the prevention of recurrence of any child abuse, the president of the National Center for the Rights of the Child or the head of a specialized child protection agency may provide necessary support to the family members of an abused child, including the abused child and his or her protector, even after the settlement of the child abuse. <Amended on Jan. 15, 2019> |
| (3) | Where the National Center for the Rights of the Child or a specialized child protection agency performs duties pursuant to paragraphs (1) and (2), no protector of a child shall refuse or obstruct such performance without good reason. <Newly Inserted on Mar. 22, 2016; Jan. 15, 2019> |
| Article 28-2 (National Child Abuse Information System) |
| (1) | The Minister of Health and Welfare shall build and operate a national child abuse information system, as prescribed by Presidential Decree, to share information related to child abuse and prevent child abuse. <Amended on Mar. 22, 2016> |
| (2) | The Minister of Health and Welfare shall enter and manage information on abused children, their families, and child abusers as well as on child abuse prevention activities in the national child abuse information system prescribed in paragraph (1). In such cases, the Minister of Health and Welfare may request the heads of related central administrative agencies, Mayors/Do Governors, the heads of Sis/Guns/Gus, the head of the National Center for the Rights of the Child, specialized child protection agencies, etc., to provide necessary materials. <Amended on Mar. 22, 2016; Oct. 24, 2017; Jan. 15, 2019> |
| (3) | Where it is necessary to protect children and prevent the occurrence of child abuse, any of the following persons may request the Minister of Health and Welfare to provide information on abused children, their families, and child abusers from the national child abuse information system. In such cases, he or she shall specifically state the purpose and scope of necessary information, as prescribed by Presidential Decree: <Newly Inserted on Oct. 24, 2017; Jan. 15, 2019; Dec. 29, 2020> |
| 1. | Mayors/Do Governors and the heads of Sis/Guns/Gus; |
| 2. | Judges, public prosecutors, and the heads of police stations; |
| 4. | The heads of medical institutions exclusively in charge of child abuse under Article 29-7; |
| 5. | The heads of child welfare facilities falling under Article 52 (1) 1 through 6, and 9 through 11; |
| 7. | The heads of institutions or organizations related to protecting and supporting abused children, prescribed by Presidential Decree. |
| (4) | The Minister of Health and Welfare in receipt of request under paragraph (3), may provide the relevant information from the national child abuse information system: Provided, That in cases prescribed by Presidential Decree, which are necessary to protect abused children, the Minister of Health and Welfare may restrict the provision of information. <Newly Inserted on Oct. 24, 2017> |
| (5) | No person who has obtained information related to abused children pursuant to paragraphs (3) and (4), shall use the relevant information for purposes other than the purpose of request made under paragraph (3); and shall provide or divulge the relevant information to others. <Newly Inserted on Oct. 24, 2017> |
[This Article Newly Inserted on Jan. 28, 2014]
[Title Amended on Mar. 22, 2016]
| Article 28-2 (Management and Provision of Child Abuse Information) |
| (1) | Deleted. <Dec. 29, 2020> |
| (2) | In order to share information related to child abuse and to prevent child abuse, the Minister of Health and Welfare shall enter and manage information on abused children, their families and child abusers and information on child abuse prevention activities in the child information system. <Amended on Mar. 22, 2016; Oct. 24, 2017; Jan. 15, 2019; Dec. 29, 2020> |
| (3) | Where it is necessary to protect children and prevent the occurrence of child abuse, any of the following persons may request the Minister of Health and Welfare to provide information on abused children, their families, and child abusers from the child information system. In such cases, he or she shall specifically state the purpose and scope of necessary information, as prescribed by Presidential Decree: <Newly Inserted on Oct. 24, 2017; Jan. 15, 2019; Dec. 29, 2020> |
| 1. | Mayors/Do Governors and the heads of Sis/Guns/Gus; |
| 2. | Judges, public prosecutors, and the heads of police stations; |
| 4. | The heads of medical institutions exclusively in charge of child abuse under Article 29-7; |
| 5. | The heads of child welfare facilities falling under Article 52 (1) 1 through 6, and 9 through 11; |
| 7. | The heads of institutions or organizations related to protecting and supporting abused children, prescribed by Presidential Decree. |
| (4) | The Minister of Health and Welfare in receipt of request under paragraph (3), may provide the relevant information from the child information system: Provided, That in cases prescribed by Presidential Decree, which are necessary to protect abused children, the Minister of Health and Welfare may restrict the provision of information. <Newly Inserted on Oct. 24, 2017; Dec. 29, 2020> |
| (5) | No person who has obtained information related to abused children pursuant to paragraphs (3) and (4), shall use the relevant information for purposes other than the purpose of request made under paragraph (3); and shall provide or divulge the relevant information to others. <Newly Inserted on Oct. 24, 2017> |
| (6) | Deleted. <Dec. 29, 2020> |
[This Article Newly Inserted on Jan. 28, 2014]
[Title Amended on Dec. 29, 2020]
[Enforcement Date: Jul. 1, 2022] Article 28-2
| Article 29 (Support for Abused Children and Their Family Members) |
| (1) | The president of the National Center for the Rights of the Child or the head of a specialized child protection agency shall provide necessary support to the family members of an abused child, including the abused child and his or her protector, such as counseling, education, medical treatment and psychological therapy, etc. in order to secure the safety of the child, prevent recurrence of child abuse, and to maintain sound household functions. etc. <Amended on Jan. 15, 2019> |
| (2) | For support under paragraph (1), the president of the National Center for the Rights of the Child or the head of a specialized child protection agency may request cooperation from the relevant institutions. <Amended on Jan. 15, 2019> |
| (3) | The family members of an abused child, including his or her protector, shall participate in good faith in the support provided by the National Center for the Rights of the Child or a specialized child protection agency under paragraph (1). <Amended on Jan. 15, 2019> |
| (4) | The president of the National Center for the Rights of the Child or the head of a specialized child protection agency shall give top priority consideration to the interests of an abused child in all process of making a decision on whether to provide support, providing the support, etc. under paragraph (1). <Amended on Jan. 15, 2019> |
| (5) | Whenever it is necessary for abused children and their family members enrolled in schools under each of the subparagraphs of Article 2 of the Elementary and Secondary Education Act to enter schools (including admission and re-admission to schools, change of schools, and transfer to other schools; hereinafter the same shall apply) outside the areas where they reside, the State and local governments shall provide support to help them enter those schools. <Newly Inserted on Jan. 28, 2014> |
| (6) | Matters necessary for entrance into schools under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 28, 2014> |
| Article 29-2 (Provision of Counseling and Education to Child Abusers) |
| (1) | A Mayor/Do Governor, the head of a Si/Gun/Gu, the president of the National Center for the Rights of the Child, or the head of a specialized child protection agency shall provide necessary support to child abusers, including counseling, education, and psychological therapy; and in such cases, child abusers shall conscientiously participate in counseling, education, psychological therapy, etc. <Amended on Mar. 22, 2016; Jan. 15, 2019; Apr. 7, 2020; Dec. 29, 2020> |
| (2) | A child abuser with good reason for being unable to participate in counseling, education, psychological treatment, etc. under paragraph (1), shall participate therein immediately when such reason ceases to exist. <Newly Inserted on Dec. 29, 2020> |
| (3) | Matters necessary for, among other things, the content and methods of counseling, education and psychological treatment prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Dec. 29, 2020> |
[This Article Newly Inserted on Jan. 28, 2014]
[Title of This Article Amended on Dec. 29, 2020]
| Article 29-3 (Restrictions on Employment in Child-Related Institutions) |
| (1) | Where a court sentences a person to a penalty or medical treatment and custody for committing a child abuse-related crime, it shall issue an order (referring to notice in cases of a summary order) to prohibit such person from operating any of the following facilities or institutions (hereinafter referred to as "child-related institutions") or from finding a job at or providing de facto labor to child-related institutions (hereinafter referred to as “order of employment restriction”) for a specified period (hereinafter referred to as “period of restricted employment”) from the date the execution of such penalty or medical treatment and custody is wholly or partially terminated, suspended, or exempted (where a person is sentenced to fine, referring to the date such sentence is made final and conclusive) by ruling (including a summary order; hereinafter the same shall apply), concurrently as it renders a judgment on a child abuse-related crime case: Provided, That the foregoing shall not apply where the person is highly unlikely to recommit a crime, or where it is deemed there are special circumstances to lift the restriction of employment: <Amended on Jan. 19, 2016; Mar. 22, 2016; May 29, 2016; Sep. 19, 2017; Oct. 24, 2017; Dec. 11, 2018; Jan. 15, 2019; Apr. 7, 2020; Dec. 29, 2020> |
| 1. | The Center for the Rights of the Child, a local government (limited to child welfare officials, private specialists and anti-child abuse officials), an institution delivering integrated services for children belonging to vulnerable social groups under Article 37, a specialized child protection agency, a community-based childcare center under Article 44-2, a foster care center under Article 48, and a child welfare facility under Article 52; |
| 5. | The supporting institutions for victims, etc. of sexual traffic provided for by Article 5 of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims, and counseling centers for victims, etc. of sexual traffic provided for by Article 10 of said Act; |
| 11. | Mental health welfare centers, mental health improvement facilities, mental health care facilities, and mental health rehabilitation facilities provided for by Article 3 of the Act on the Support for Improvement of Mental Health and Welfare Services of Mental Patients; |
| 12. | Management offices for multi-family housing (limited to persons engaged in the guard duty) provided for by subparagraph 3 of Article 2 of the Housing Act; |
| 15. | The juvenile counseling and welfare centers provided for by Article 29 (1) of the Juvenile Welfare Support Act, support centers for juveniles with immigrant background provided for by Article 30 of said Act, and youth shelters, juvenile self-reliance assistance centers, and juvenile treatment and rehabilitation centers provided for by each subparagraph of Article 31 of said Act; |
| 21. | Specialized child protection agencies, or corporations operating abused children's shelters; |
| 22. | Juvenile detention centers and juvenile classification review centers provided for by the Act on the Treatment of Protected Juveniles, Etc. |
| 23. | Non-profit corporations that deliver services for children, such as human rights of children and child welfare, with permission for establishment from the Minister of Health and Welfare pursuant to Article 32 of the Civil Act (limited to representatives and persons engaged in work involving direct contact with children); |
| (2) | The period of restricted employment referred to in paragraph (1) shall not exceed 10 years. <Newly Inserted on Dec. 11, 2018> |
| (3) | Where the court intends to issue an order of employment restriction under paragraph (1), it may seek opinions on the recidivism risk, etc. of the person subject to the order of employment restriction from neuropsychiatrists, psychologists, scholars of social welfare science, experts related to child abuse, and other relevant experts. <Newly Inserted on Dec. 11, 2018> |
| (4) | The head of a central administrative agency, the head of a local government, the superintendent of education, or the head of a district office of education having jurisdiction over the establishment of a child-related institution or authorization for establishment, permission, or reporting of a child-related institution falling under the subparagraphs of paragraph (1) (excluding subparagraphs 12 and 22) shall request the head of the relevant institution to check child abuse-related criminal history records: Provided, That where a person who intends to operate a child-related institution directly submits a written reply to child abuse-related criminal history record check to the head of a central administrative agency, the head of a local government, the superintendent of education, or the head of the district office of education, a child abuse-related criminal history record check shall be deemed to have been conducted. <Amended on Sep. 19, 2017; Dec. 11, 2018> |
| (5) | The head of a child-related institution shall verify whether a person currently working for, or providing de facto labor to, the institution or a person intending to be employed by, or to provide de facto labor to, the institution (hereinafter referred to as “employee, etc.”) has any child abuse-related criminal history records; in such cases, he or she shall request that the heads of the relevant agencies to check such criminal history records, after obtaining consent from the relevant person: Provided, That where employees, etc. directly submit a written reply to a request for child abuse-related criminal history record check to the heads of child-related institutions, it shall be deemed that the child abuse-related criminal history record check has been conducted. <Amended on Dec. 11, 2018> |
| (11) | Upon receipt of a request for a child abuse-related criminal history record check under paragraphs (4) through (5), the heads of the relevant agencies shall issue a written reply to a request for a child abuse-related criminal history record check. <Amended on Dec. 11, 2018> |
| (13) | Matters necessary for procedures for, scope, etc. of requests for a child abuse-related criminal history record check referred to in paragraphs (4) through (6) shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018> |
[This Article Newly Inserted on Jan. 28, 2014]
[This Article, which was found unconstitutional by the Constitutional Court on Jun. 28, 2018, is amended by Act No. 15889, Dec. 11, 2018]
| Article 29-4 (Checking and Verification of Employment of Persons Issued With Employment Restriction Order) |
| (1) | The Minister of Health and Welfare or the head of a related central administrative agency, shall directly inspect and ascertain or make an inquiry of a related agency about, at least once a year, whether a person issued with an employment restriction order for a child abuse-related crime in violation of Article 29-3 (1) works for or provides de facto labor to any of the following child-related institutions: <Amended on Sep. 19, 2017; Dec. 11, 2018; Apr. 7, 2020; Dec. 29, 2020> |
| 1. | The Minister of Education: Child-related institutions under Article 29-3 (1) 8, 18 and 19; |
| 2. | The Minister of Culture, Sports and Tourism: Child-related institutions under Article 29-3 (1) 17; |
| 3. | The Minister of Health and Welfare: Child-related institutions under Article 29-3 (1) 1, 7, 9, 10, 11, 23 and 25; |
| 4. | The Minister of Gender Equality and Family: Child-related institutions under Article 29-3 (1) 2, 3, 4, 5, 6, 13, 14, 15, 16, 20 and 24; |
| 5. | The Minister of Land, Infrastructure and Transport: Child-related institutions under Article 29-3 (1) 12; |
| 6. | The Minister of Justice: Child-related institutions under Article 29-3 (1) 22. |
| (2) | Where necessary for the inspection and ascertainment under paragraph (1), the Minister of Health and Welfare or the head of the related central administrative agency may require the head of the child-related institution or the supervisory agency thereof to submit related materials. |
| (3) | The Minister of Health and Welfare or the head of the related central administrative agency shall make public the results of the inspection and ascertainment under paragraph (1) by using the Internet homepage, etc., as prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 28, 2014]
[Title of This Article Amended on Dec. 11, 2018]
| Article 29-5 (Demand for Dismissal of Employed Workers) |
| (1) | The head of a central administrative agency referred to in each subparagraph of Article 29-4 (1) shall demand that the head of a child-related institution dismiss a person who is employed or in a de facto employment relationship in violation of Article 29-3 (1). |
| (2) | The head of a central administrative agency referred to in each subparagraph of Article 29-4 (1) shall demand that the head of a child-related institution close the child-related institution if it is in operation in violation of Article 29-3 (1). |
| (3) | The head of a central administrative agency referred to in each subparagraph of Article 29-4 (1) may close a child-related institution or revoke the registration, permission, etc. therefor, or require the head of the related administrative agency to take such measures, as prescribed by Presidential Decree, if the head of the child-related institution refuses the demand for closure under paragraph (2), or fails to meet the demand within one month, without justifiable grounds. |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 29-6 (Legal Consultation on Child Abuse) |
| (1) | The State may provide abused children with support, such as legal consultation and legal representation (hereafter in this Article, referred to as "legal consultation, etc."). |
| (2) | The Minister of Health and Welfare, a Mayor/Do Governor, the head of a Si/Gun/Gu, the president of the National Center for the Rights of the Child, and the head of a specialized child protection agency may request the Korea Legal Aid Corporation prescribed in Article 8 of the Legal Aid Act or any other institution prescribed by Presidential Decree to provide legal consultation, etc. <Amended on Jan. 15, 2019; Apr. 7, 2020> |
| (3) | The State may bear expenses of legal consultation, etc., as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where a person in receipt of legal consultation, etc. receives the expenses of legal consultation, etc. pursuant to other statutes and regulations. |
| (4) | Requirements for, details of and procedures for legal consultation, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 29-7 (Designation of Dedicated Medical Institutions for Treatment of Child Abuse) |
| (1) | The Minister of Health and Welfare, Mayors/Do Governors, and heads of Sis/Guns/Gus may designate national hospitals, public hospitals, health clinics or private medical institutions, as dedicated medical institutions for treatment of abused children (hereinafter in this Article, referred to as "dedicated medical institution"). |
| (2) | Upon receiving a request from Mayor/Do Governor, the head of a Si/Gun/Gu, an abused child, his or her family, his or her relative, the president of the National Center for the Rights of the Child, the head of a specialized child protection agency, or the head of a child welfare facility, the head of a police station, a judge, a public prosecutor, or a family court, the dedicated medical institution shall take the following measures for the abused child: <Amended on Jan. 15, 2019; Apr. 7, 2020> |
| 1. | Counseling on damage caused by child abuse; |
| 2. | Physical and mental treatment; |
| 3. | Other matters concerning medical treatment prescribed by Presidential Decree. |
| (3) | Where a dedicated medical institutions designated pursuant to paragraph (1) falls under any of the following, the Minister of Health and Welfare, Mayors/Do Governors, and heads of Sis/Guns/Gus may revoke such designation: Provided, That where it falls under subparagraph 1, they shall revoke such designation: |
| 1. | Where it has been designated by fraud or other improper means; |
| 2. | Where it refuses to provide medical support prescribed in paragraph (2) without good cause; |
| 3. | Other cases determined by Presidential Decree to be unfit as a dedicated medical institution. |
| (4) | Matters necessary for standards, procedures, etc. for designating and revoking designation under paragraphs (1) and (3), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 24, 2017]
CHAPTER IV SUPPORT SERVICES FOR CHILDREN
SECTION 1 Safety of Children and Health Care Support
| Article 30 (Establishment of Safety Standards) |
The State shall establish the safety standards for child welfare facilities and goods for children as prescribed by Presidential Decree, and have the manufacturers, installers and managers of child’s goods observe them.
| Article 31 (Education for Safety of Children) |
| (1) | The heads of child welfare facilities, the heads of nurseries provided for by the Infant Care Act, the heads of kindergartens provided for by the Early Childhood Education Act, and the heads of schools provided for by the Elementary and Secondary Education Act, shall formulate education plans and provide education for the following matters each year, as prescribed by Presidential Decree, in consideration of the ages of children subject to education: <Amended on Dec. 29, 2015> |
| 1. | Prevention of sexual violence and child abuse; |
| 2. | Prevention of disappearance and abduction; |
| 3. | Health and hygiene management, including the prevention of contagious diseases and drug abuse; |
| 4. | Safety measures against disasters; |
| (2) | The heads of child welfare facilities and the heads of nurseries provided for by the Infant Care Act, shall report education plans formulated and the outcomes of education provided under paragraph (1) to the head of the competent Si/Gun/Gu once a year. |
| (3) | The heads of kindergartens provided for by the Early Childhood Education Act and the heads of schools provided for by the Elementary and Secondary Education Act, shall report education plans formulated and the outcomes of education provided under paragraph (1) to the superintendent of the competent office of education once a year. |
| Article 32 (Installation of Image Data Processing Equipment in Child Protection Zones) |
| (1) | The State and local governments may, if deemed necessary to protect children from the danger of crime, such as abduction, designate surrounding areas of any of the following facilities as child protection zone and take necessary measure, including patrolling for the prevention of a crime and providing guidance to children: <Amended Oct. 22, 2012; Apr. 7, 2020> |
| 1. | Urban parks under Article 15 of the Act on Urban Parks, Greenbelts, Etc.; |
| (2) | Matters necessary for the standards and procedures, etc. for the designation of a child protection zone under paragraph (1) shall be prescribed by Presidential Decree. |
| (4) | Except as provided in this Act, matters concerning the installation, etc. of image data processing equipment shall be governed by the Personal Information Protection Act. <Amended Oct. 22, 2012> |
[Title Amended on Oct. 22, 2012]
| Article 33 (Placement of Manpower for Protection of Safety of Children) |
| (1) | The State and local governments may place and utilize manpower for the protection of safety of children that conducts patrols and provides guidance, etc. to children in order to prevent crimes against children, such as disappearance and abduction. |
| (2) | Any person who conducts patrols and provides guidance, etc. to children under paragraph (1) shall carry a certificate indicating his or her authority and produce it to the related persons. |
| (3) | The State and local governments shall check the criminal records of persons who intend to be placed as the manpower for the protection of safety of children, after obtaining their consent. |
| (4) | Matters necessary for the scope of duties and utilization of the manpower for the protection of safety of children under paragraph (1) and the procedure, scope, etc. of the checking of criminal records under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 34 (Designation and Operation of Children's Emergency Shelters) |
| (1) | The Commissioner of the National Police Agency may designate and operate children's emergency shelters to protect children who are in danger of abduction, etc. |
| (2) | The Commissioner of the National Police Agency shall check the criminal record of each person who intends to be designated as a children's emergency shelter under paragraph (1). |
| (3) | Matters necessary for the designation and operation of a children's emergency shelter under paragraph (1), and the procedures for, scope, etc. of, confirmation of criminal record under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 35 (Preservation of Healthy Body and Soul) |
| (1) | A child protector shall pay due attention and make utmost efforts to maintain and improve a child's health. |
| (2) | In order to enhance children's health and improving their physical strength, the State and local governments shall provide support for the following matters: |
| 1. | Matters concerning the enhancement of physical health; |
| 2. | Matters concerning the enhancement of mental health, such as prevention of suicide and diverse addictions; |
| 3. | Matters concerning the prevention of skipping meals and improvement of nourishment through subsidized meals; |
| 4. | Matters concerning the enhancement of physical strength and increase leisure time, such as prevention of obesity. |
| (3) | The State and local governments shall prepare a base for children to receive counseling and medical treatment in a timely manner by finding out their physical or mental problem in advance. |
| (4) | The detailed contents of support services under paragraphs (2) and (3) shall be prescribed by Presidential Decree: Provided, That matters necessary for the standards for, method of, and procedure, etc., for, subsidizing meals under subparagraph (2) 3 shall be prescribed by ordinance of each relevant local government based on the standards prescribed by Presidential Decree. |
| Article 36 (Public Health Centers) |
A public health center shall take charge of the following affairs in accordance with this Act:
| 1. | Preventative measures for children against contagious diseases; |
| 2. | Health counselling and physical examinations of children and guidance on their health and sanitation; |
| 3. | Improvement of children’s nutrition. |
SECTION 2 Support for Integrated Service for, and Self-Reliance of, Children Belonging to Vulnerable Social Group
| Article 37 (Support for Integrated Service for Children Belonging to Vulnerable Social Group) |
| (1) | In order to promote children's healthy growth and development, the State and local governments shall select households, the growth of children and welfare conditions of which are vulnerable, and shall implement an integrated service which provides comprehensive support for the health, welfare, protection, education, medical treatment, etc. of the children and other family members of such households. |
| (2) | Matters necessary for the selection of persons eligible for the support for integrated service, contents of the integrated service, implementing agency of, and human resources for implementing, such service under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare may entrust affairs related to the support for the operation of integrated service program to a corporation, organization, etc. |
| Article 38 (Support for Self-Reliance) |
| (1) | In order to support the preparation for the termination of protection of children subject to protection by foster homes and their self-reliance after being discharged from child welfare facilities, the State and local governments shall take the following measures: |
| 1. | Support for the residence, living, education, finding employment, etc. required for self-reliance; |
| 2. | Support for the formation and management of assets required for self-reliance (hereinafter referred to as "asset formation support"); |
| 3. | Fact-finding survey and research on self-reliance; |
| 4. | Establishment and operation of a follow-up management system; |
| 5. | Other matters prescribed by Presidential Decree as necessary for self-reliance. |
| (2) | Matters necessary for the procedure for, and method of, the support for self-reliance under paragraph (1), and the scope, etc. of children requiring the support shall be prescribed by Presidential Decree. |
| Article 39 (Establishment of Self-Reliance Support Plans) |
| (1) | The president of the National Center for the Rights of the Child, the head of a foster care center and the head of a child welfare facilities shall establish an annual self-reliance support plan for each child aged 15 or older who is under protection and conduct education for the persons who implement such plan on the support for self-reliance. <Amended on Jan. 15, 2019> |
| (2) | Matters necessary for the establishment, implementation, etc. of self-reliance support plans under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 40 (Entrustment of Affairs Related to Self-Reliance Support) |
The State and local governments may entrust the establishment and operation of a database related to self-reliance support, the development and dissemination of self-reliance support programs, management of cases, etc., to a corporation. <Amended on Jan. 15, 2019>
[Title Amended on Jan. 15, 2019]
| Article 41 (Council for Promotion of Support for Children's Self-Reliance) |
| (1) | For the efficient implementation of policies for supporting self-reliance of children subject to support, the Minister of Health and Welfare may establish the Council for Promotion of Support for Children's Self-Reliance which consists of public officials belonging to related administrative agencies. |
| (2) | Matters necessary for the detailed composition, operation, etc. of the Council for Promotion of Support for Children's Self-Reliance referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 42 (Asset Formation Support Programs) |
| (1) | The State and local governments may implement asset formation support programs for children to grow up and develop as sound members of society. |
| (2) | Matters necessary for the scope of children subject to asset formation support programs under paragraph (1), selection and management, etc. of the relevant children shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 43 (Affairs Related to Asset Formation Support Programs) |
| (1) | For the efficient implementation of asset formation support programs prescribed in Article 42, the Minister of Health and Welfare shall be responsible for the affairs related to operation of asset formation support programs and management of financial assets. |
| (2) | Affairs related to the operation of asset formation support programs referred to in paragraph (1) shall be as follows: |
| 1. | Management of children subject to asset formation support programs; |
| 2. | Finding and management of patrons of asset formation support programs; |
| 3. | Education on, and publicity of, asset formation support programs; |
| 4. | Surveys, research and appraisal concerning asset formation support programs; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare with respect to asset formation support programs. |
| (3) | Affairs related to the management of financial assets referred to in paragraph (1) shall be as follows: |
| 1. | Development and management of financial instruments for asset formation support programs; |
| 2. | Matters concerning the operation of financial instruments for asset formation support programs. |
| Article 44 (Entrustment of Affairs Related to Asset Formation Support Programs) |
| (1) | The Minister of Health and Welfare may entrust the operation of asset-formation support programs under Article 43 (2) to a corporation. <Amended on Jan. 15, 2019> |
SECTION 3 Support for After-School Care Services
| Article 44-2 (Community-Based Childcare Centers) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu may establish and operate community-based childcare centers to provide the following care services (hereinafter referred to as "after-school care services") for hours other than regular education at elementary schools: |
| 1. | Protection of children; |
| 2. | Provision of safe and balanced meals and snacks; |
| 3. | Provision of care services before or after school hours, at night or in case of an emergency; |
| 4. | Linkage and provision of education, culture, arts and sports programs, including experiential activities; |
| 5. | Provision of care counseling and related information, and linkage of services; |
| 6. | Provision of other after-school care services prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu may entrust the establishment and operation of community-based childcare centers to a corporation or organization prescribed by the Minister of Health and Welfare. |
| (3) | The State may provide subsidies to a local government to cover part of its expenses incurred in establishing and operating community-based childcare centers. |
| (4) | The head of a community-based childcare center may require the protectors of children to partially bear expenses incurred in providing after-school care services referred to in the subparagraphs of paragraph (1), as prescribed by the Mayor/Do Governor and the head of a Si/Gun/Gu. |
| (5) | Matters concerning the standards for the establishment of community-based childcare centers and the operation thereof, qualifications of employees, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Jan. 15, 2019]
CHAPTER V CHILD WELFARE FACILITIES
| Article 45 (Establishment of Specialized Child Protection Agencies) |
| (1) | Deleted. <Jan. 15, 2019> |
| (2) | Each local government shall establish in a City/Do or a Si/Gun/Gu at least one specialized child protection agency to take charge of managing cases, such as treating abused children and preventing recurrence of child abuse, as well as preventing child abuse: Provided, That a Mayor/Do Governor may establish and operate a combined specialized child protection agency for at least two Sis/Guns/Gus in consideration of the number of children in respective jurisdictions and their geographical conditions, as prescribed by ordinance. <Amended on Jan. 28, 2014; Jan. 15, 2019; Apr. 7, 2020> |
| (3) | Where a specialized child protection agency is established and operated by integration under the proviso of paragraph (2), the relevant Mayor/Do Governor may require the heads of the relevant Sis/Guns/Gus to jointly bear the expenses incurred in establishing and operating the specialized child protection agency based on such consideration as the number of children within respective jurisdictions. <Amended on Jan. 15, 2019> |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu may designate a non-profit corporation, the purpose of which is child abuse prevention activities, and entrust such corporation with the operation of a specialized child protection agency under paragraph (2). <Amended on Jan. 15, 2019> |
| (5) | Matters necessary for the standards for the establishment and operation of specialized child protection agencies, qualifications for counselors and other employees thereof, and the standards for their placement, requirements for designation, etc. under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 46 (Duties of Specialized Child Protection Agencies) |
| (1) | Deleted. <Jan. 15, 2019> |
| (2) | A specialized child protection agency shall perform the following duties: <Amended on Jan. 28, 2014; Mar. 22, 2016; Oct. 24, 2017; Jan. 15, 2019> |
| 1. | Deleted; <Apr. 7, 2020> |
| 2. | Deleted; <Apr. 7, 2020> |
| 3. | Counseling, medical treatment, and education for abused children, and their families, and child abusers; |
| 4. | Education and publicity for child abuse prevention; |
| 5. | Follow-up management of the abused child's family; |
| 6. | Deleted; <Apr. 7, 2020> |
| 7. | Other duties related to child abuse prevention activities prescribed by Presidential Decree. |
| Article 46-2 Deleted. <Apr. 7, 2020> |
| Article 47 (Performance Evaluation of Specialized Child Protection Agencies) |
| (1) | The Minister of Health and Welfare shall conduct performance evaluation of specialized child protection agencies once every three years. |
| (2) | Matters necessary for performance evaluation and utilization, etc. of the results of evaluation shall be prescribed by Presidential Decree. |
| Article 48 (Establishment of Foster Care Centers) |
| (1) | Deleted. <Jan. 15, 2019> |
| (2) | In order to facilitate foster care services for children subject to protection, each local governments shall establish a foster care center in a City/Do and a Si/Gun/Gu: Provided, That a Mayor/Do Governor may establish and operate one foster care center by combining two or more Sis/Guns/Gus, as prescribed by the relevant municipal ordinance. <Amended on Jan. 15, 2019> |
| (3) | Where a regional foster care center is established and operated by integration under the proviso of paragraph (2), the relevant Mayor/Do Governor may require the heads of the Sis/Guns/Gus concerned to jointly bear expenses incurred in establishing and operating the regional foster care center based on such consideration as the number of children within the regions under their respective jurisdiction. <Amended on Jan. 15, 2019> |
| (4) | The Mayor/Do Governor or the head of a Si/Gun/Gu may designate a non-profit corporation, the purpose of which is to provide foster care, and entrust such non-profit corporation with the operation of foster care centers prescribed in paragraph (2). <Amended on Jan. 15, 2019> |
| (5) | Matters necessary for the standards for the establishment and operation of foster care centers, qualifications for counselors and other employees thereof, and the standards for their placement, requirements for designation, etc. under paragraph (4) shall be prescribed by Presidential Decree. |
| (6) | The National Center for the Rights of the Child shall perform the following duties to facilitate foster care services: <Newly Inserted on Jan. 15, 2019> |
| 1. | Supports to foster care centers; |
| 2. | Establishment of inter-regional linking systems for effective foster care services; |
| 3. | Research and data publication related to foster care services; |
| 4. | Development and evaluation of the programs for foster care services; |
| 5. | Education and publicity related to foster care, such as education of counselors; |
| 6. | Establishment of an information infrastructure, and the provision of information, for foster care services; |
| 7. | Other duties prescribed by Presidential Decree with respect to foster care services. |
| Article 49 (Duties of Foster Care Centers) |
| (1) | Deleted. <Jan. 15, 2019> |
| (2) | A foster care center shall perform the following duties: <Amended on Jan. 15, 2019> |
| 1. | Publicity of foster care services and finding families intending to provide foster care; |
| 2. | Survey of the families intending to provide foster care and counseling for the children to be placed in foster care; |
| 3. | Education of persons intending to provide foster care and education of foster parents; |
| 4. | Case management of foster homes; |
| 5. | Support for returning to real parents' homes; |
| 6. | Management of self-reliance plans and case management of children in foster care; |
| 7. | Provision of information concerning foster care within the jurisdiction; |
| 8. | Matters prescribed by Presidential Decree with respect to foster care. |
| Article 50 (Installation of Child Welfare Facilities) |
| (1) | The State and local governments may install child welfare facilities. |
| (2) | Persons, other than the State and local governments, may install child welfare facilities after filing a report with the head of a competent Si/Gun/Gu. |
| (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) | Matters necessary for, among other things, the standards for establishing and operating child welfare facilities shall be prescribed by Ordinance of the Ministry for Health and Welfare. <Amended on Jan. 15, 2019> |
| Article 51 (Report on Suspension or Closure of Operation) |
| (1) | A person who intends to suspend, close, or resume the operation of a child welfare facility reported pursuant to Article 50 (2), shall report to the head of a Si/Gun/Gu in advance as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Mar. 22, 2016> |
| (2) | Where the head of a child welfare facility closes or suspends the operation of the child welfare facility, he or she shall take measures to protect the rights and interests of children subject to protection, including the transfer of children using the relevant child welfare facility to another child welfare facility as prescribed by Presidential Decree. <Newly Inserted on Mar. 22, 2016> |
| (3) | Upon receipt of a report on the closure or suspension of the operation of a child welfare facility pursuant to paragraph (1), the head of a Si/Gun/Gu shall take measures prescribed by Ordinance of the Ministry of Health and Welfare, including verification as to whether the head of the child welfare facility has taken measures to protect the rights and interests of children subject to protection under paragraph (2), and shall accept the report. <Newly Inserted on Mar. 22, 2016; Jan. 15, 2019> |
| Article 52 (Types of Child Welfare Facilities) |
| (1) | The types of child welfare facilities shall be as follows: <Amended on Mar. 22, 2016; Oct. 24, 2017; Jan. 15, 2019> |
| 1. | Child rearing facilities: Facilities aiming at protecting and rearing children subject to protection and at providing such children with employment training, self-reliance support service, etc., by admitting the children in such facilities; |
| 2. | Temporary protection facilities for children: Facilities aiming at temporarily protecting children subject to protection, at formulating plans for future rearing, and at taking protective measures for such children; |
| 3. | Protection and treatment facilities for children: Facilities protecting children and providing them with medical treatment as follows: |
| (a) | Facilities aiming at admitting children who indulge in delinquent acts or are likely to commit such acts, and who has no any protector, or for whom a person with parental authority or a protector has filed an application for such facilities, or who are entrusted as persons under the age of 19 for protection by the Court of Family Affairs, a district court, and a juvenile branch court to foster them as the sound members of society through provision of medical treatment and guidance into the right path; |
| (b) | Facilities aiming at providing protection and medical treatment to children having difficulty due to emotional or behavioral disorder or children requiring medical treatment by being temporarily isolated from their parents' abuse; |
| 4. | Communal homes: Facilities aiming at providing children subject to protection with a family-like residential condition, protection, rearing and self-reliance support service; |
| 5. | Facilities supporting for self-reliance: Facilities aiming at supporting the self-reliance of persons who are discharged from a child welfare facility by protecting them during a period for employment preparation or during a certain period after employment; |
| 6. | Child counsel centers: Facilities aiming at providing counseling, medical treatment, prevention, and research, etc., concerning the problems of children and their families; |
| 7. | Exclusive facilities for children: Facilities aiming at providing services necessary for maintaining physical and mental health and improving welfare by providing sound play, recreations, and other various conveniences, including children’s parks, children’s playgrounds, children’s halls, facilities for sports, drama, cinema, and scientific experiment display, children’s resting and lodging places, campgrounds, etc.; |
| 8. | Regional centers for children: Facilities aiming at providing comprehensive child welfare services to foster children in healthy conditions, including protection and education of children in the community, provision of sound play and recreations for them, and establishment of a linkage between their protectors and the community; |
| 9. | Specialized child protection agencies; |
| 10. | Foster care centers provided for by Article 48; |
| 11. | The National Center for the Rights of the Child set forth in Article 10-2. |
| (2) | A child welfare facility provided for by paragraph (1) may be established in an integrated form. |
| (3) | A child welfare facility provided for by paragraph (1) may implement the following services additionally in so far as each facility does not impair services for its unique purposes and meets the standards for installation and operation of each facility: |
| 1. | Services to support children’s families: Services to provide children, families and community residents with counseling, advice, and information for the sound development of children in the community; |
| 2. | Services for daytime child protection: Services to ensure the sound growth of children through individual protection and education for children who are unable to obtain any protection at home during daytime due to extenuating grounds; |
| 3. | Specialized counsel service for children: Services to provide children maladjusted to school, etc., with counseling and medical treatment for forming sound personality, and to take measures for prevention of school violence; |
| 4. | Protection services for abused children: Services to identify, protect, and treat abused children and to prevent child abuse, in a specialized way; |
| 5. | Services of communal homes: Services aiming at providing children subject to protection with family-like residential conditions and protection; |
| 6. | After-school guidance service for children: Services aiming at forming the sound personality of children from low-income families through individual protection and education after school. |
| Article 53 (Installation of Facilities for Children’s Exclusive Use) |
| (1) | The State and local governments shall endeavor to establish facilities to be exclusively used by children at any time. |
| (2) | Any person who installs and operates the cultural and recreational facilities, transportation and other service facilities, etc. which children may use, may furnish a convenience facility, taking the convenience for children’s use into consideration, as prescribed by Presidential Decree, and exempt or reduce the entrance fee and use charges, etc. for the children. |
| (3) | Matters necessary for the standards, etc. for installation of the facilities for children’s exclusive use shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 53-2 (Designation of Abused Children's Shelters) |
The head of a Si/Gun/Gu may designate abused children's shelters providing protection, medical treatment, rearing services, etc., for abused children, from among communal homes provided for by Article 52 (1) 4. [This Article Newly Inserted on Mar. 22, 2016]
| Article 54 (Persons Engaged in Relevant Work at Child Welfare Facilities) |
| (1) | Child welfare facilities shall employ the required professional manpower. |
| (2) | Type and number, qualifications and employment standards of persons engaged in relevant work at child welfare facilities shall be prescribed by Presidential Decree. |
| Article 54-2 (Grounds for Disqualification) |
| (1) | Any person who falls under any of the following subparagraphs shall not become the head of a child welfare facility: |
| (2) | Any person who falls under any of the following subparagraphs shall not become an employee of a child welfare facility: |
[This Article Newly Inserted on Dec. 29, 2020]
| Article 55 (Education and Training of Persons Engaged in Relevant Work at Child Welfare Facilities) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall conduct education and training for fostering and quality improvement of persons engaged in relevant work at child welfare facilities. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu may conduct education and training referred to in paragraph (1) by entrusting it to universities and colleges (including junior colleges), child welfare organizations, or other educational and training facilities (hereinafter referred to as "educational and training facilities"). |
| Article 56 (Improvement of Facilities, Suspension of Services, and Closure of Facilities) |
| (1) | If any child welfare facility, or educational and training facility (excluding universities, colleges, and junior colleges), falls under any of the following, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may issue an order for improvement of the facility, not more than six-month service suspension, revocation of entrustment, replacement of the head of such facility, or closure of such facility, under the relevant jurisdiction: <Amended on Jan. 28, 2014; Mar. 22, 2016> |
| 1. | Where the relevant facility no longer meets the installation standards; |
| 2. | Where the permission for the establishment of the relevant facility established and operated by a social welfare corporation or non-profit corporation is revoked; |
| 3. | Where it is deemed unnecessary to continue the operation of the relevant facility due to the achievement of its installation objectives or on any other grounds; |
| 4. | Where an act of child abuse is confirmed as committed by the relevant facility against a child subject to protection; |
| 5. | Where expenses are subsidized by fraud or other improper means; |
| 6. | Where the relevant facility has been operated during the period of suspension of services; |
| 7. | Where the relevant facility violates this Act or any orders issued under this Act. |
| (2) | Where the operation of a child welfare facility or an educational and training facility (excluding colleges and junior colleges) is suspended, its entrustment is revoked, or its facility is closed, pursuant to paragraph (1), the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu, shall take measures necessary to protect the rights and interests of children subject to protection, such as the transfer of children using the relevant facility to another facility. <Newly Inserted on Mar. 22, 2016> |
| (3) | Standards for the dispositions for improvement of facilities, suspension of services, revocation of entrustment, replacement of the heads of the relevant facilities, or closure of facilities, provided for by paragraph (1), shall be prescribed by Presidential Decree, in consideration of the types, causes, and gravity of violations. <Amended on Mar. 22, 2016> |
| Article 57 (Obligations of Heads of Child Welfare Facilities) |
The heads of child welfare facilities shall guarantee the rights and interests of protected children to the maximum extent, and provide adequate counseling and guidance at the same time to ensure the protected children’s return to their families if the person with parental authority exists. <Amended on Mar. 22, 2016>
[Title Amended on Mar. 22, 2016]
| Article 58 (Fosterage of Child Welfare Organizations) |
The State and local governments may guide and foster a child welfare organization.
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 59 (Subsidizing Expenses) |
The State and local governments may fully or partially subsidize any of the following expenses, as prescribed by Presidential Decree: <Amended on Mar. 27, 2015; Oct. 24, 2017; Dec. 29, 2020>
| 1. | Expenses incurred in installing and operating child welfare facilities and for operating their programs, or in rearing, protecting, and managing the fostered children; |
| 2. | Expenses incurred in protecting by a foster home, of a child subject to protection; |
| 3. | Expenses incurred in the guidance, supervision, enlightenment, and publicity of child welfare services; |
| 4. | Deleted; <Mar. 22, 2016> |
| 4-2. | Expenses incurred in providing education on the duty to report provided for by Article 26; |
| 4-3. | Expenses incurred in taking measures under the subparagraphs of Article 29-7 (2); |
| 5. | Expenses incurred in supporting the integrated service for children belonging to a vulnerable social group under Article 37; |
| 6. | Expenses incurred in supporting self-reliance of children subject to protection under Article 38; |
| 7. | Expenses incurred in implementing asset formation support programs under Article 42; |
| 8. | Expenses incurred in guiding and fostering child welfare organizations under Article 58. |
| Article 60 (Collection of Expenses) |
A Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a child welfare facility, may collect all or some of the expenses required for the protective measures under Article 15 (1) 3 through 5 and Article 15 (5) and (6), respectively, from a person liable for supporting the relevant child, as prescribed by Presidential Decree. <Amended on Mar. 22, 2016>
| Article 61 (Order to Return Subsidies) |
Where a person entrusted with protection, such as the head of a child welfare facility, the president of the National Center for the Rights of the Child, the head of a foster care center, or the head of a child welfare organization, falls under any of the following, the State or local government may order him or her to return all or some of the subsidies already granted: <Amended on Mar. 22, 2016; Jan. 15, 2019; Dec. 29, 2020>
| 1. | Where he or she violates the conditions on granting the subsidy; |
| 2. | Where he or she receives the subsidy by fraud or other improper means; |
| 3. | Where he or she commits an act for gaining private profits in connection with the operation of a child welfare facility; |
| 4. | Where any balance of subsidies exists; |
| 5. | Where he or she violates this Act or an order under this Act. |
| Article 62 (Lending of State or Public Property) |
| (1) | Where deemed necessary for the installation and operation of child welfare facilities, the State or local governments may lease the property owned by the State or public, or allow to use them and earn profit therefrom, without compensation, notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
| (2) | The contents of, and conditions for, the lease and use of the property owned by the State or public and earning benefit therefrom under paragraph (1) shall be governed by the contract between a person who intends to use them and earn profit therefrom and the head of a central administrative agency or local government having jurisdiction over the relevant property. |
| Article 63 (Tax Exemption) |
The building and land used by child welfare facilities for protection of children, and expenses incurred in installing and operating such facilities may be exempted from taxes and other public charges, as prescribed by the Restriction of Special Taxation Act and other related statutes and regulations.
| Article 64 (Prohibition of Seizure) |
No money or goods received and no right to receive such money or goods under this Act shall be seized.
| Article 65 (Duty of Confidentiality) |
No person who was or is engaged in child welfare affairs, including child welfare services, shall divulge any confidential information he or she has become aware of in the course of performing his or her duties or use such information for any purpose other than to perform his or her duties. <Amended on Mar. 22, 2016; Dec. 29, 2020>
[Title Amended on Dec. 29, 2020]
| Article 65-2 (Annual Reports) |
| (1) | The Minister of Health and Welfare shall prepare an annual report on the current status of the implementation of policy on the prevention of child abuse and on the protection of abused children, and submit the annual report to the competent standing committee of the National Assembly before the regular session of the National Assembly every year. |
| (2) | An annual report submitted under paragraph (1) shall include the following: |
| 1. | Actual conditions of the implementation of policy on the prevention of child abuse and the results of the evaluation thereof; |
| 2. | Current status of abused children and the protection thereof and support thereto; |
| 3. | Analysis of child abuse cases; |
| 4. | Current status of education on the prevention of child abuse and education on persons obligated to file a report; |
| 5. | Other necessary matters in relation to the prevention of child abuse. |
| (3) | The Minister of Health and Welfare may request the heads of relevant central administrative agencies and the heads of local governments to submit necessary data in order to prepare an annual report. In such cases, the heads of relevant central administrative agencies and the heads of local governments in receipt of such request, shall comply therewith, unless there is good cause. |
| (4) | Matters necessary for, among other things, procedures and methods for preparing an annual report shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Oct. 24, 2017]
| Article 66 (Investigation) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may, if deemed necessary, have a related public official or child welfare official enter child welfare facilities, a domicile or residence of a child, a place where a child is employed, or a place where the acts prohibited under Article 17 are likely to be committed, and conduct a necessary investigation on the child or a related person, or ask him or her questions. |
| (2) | In cases falling under paragraph (1), the related public official or child welfare official shall carry a certificate indicating his or her authority and produce it to the related persons. |
Where the Minister of Health and Welfare, Mayors/Do Governors, or heads of Sis/Guns/Gus intend to revoke designation under Article 29-7, to revoke entrustment under Article 56, or to issue an order to close a facility, they shall hold a hearing. <Amended on Oct. 24, 2017>
| Article 68 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Health and Welfare may delegate part of his or her authority vested under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree; and a Mayor/Do Governor may delegate part of his or her authority to the head of a Si/Gun/Gu, as prescribed by Presidential Decree: Provided, That the Minister of Education, the Minister of Culture, Sports and Tourism, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, or the Fire Commissioner of the National Fire Agency, may delegate part of his or her authority vested under Article 26, 29-4, 29-5, or 75 to a Mayor/Do Governor, the head of a Si/Gun/Gu, or the superintendent of an office of education, or the head of a district office of education, as prescribed by Presidential Decree. <Amended on Mar. 27, 2015; Jul. 26, 2017; Jan. 15, 2019> |
| (2) | The duties of the Minister of Health and Welfare under this Act may be partially entrusted to the National Center for the Rights of the Child established under Article 10-2 or to corporations, organizations, or facilities related to child welfare, as prescribed by Presidential Decree. <Newly Inserted on Jan. 15, 2019> |
[This Article Wholly Amended on Jan. 28, 2014]
[Title Amended on Jan. 15, 2019]
| Article 69 (Prohibition of Use of Similar Names) |
No facility, other than a child welfare facility under this Act, shall use the name, Child Welfare Facility. <Amended on Mar. 22, 2016>
| Article 70 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
CHAPTER VII PENTALTY PROVISIONS
| Article 71 (Penalty Provisions) |
| (1) | Any person who violates Article 17 shall be punished as follows: <Amended on Dec. 18, 2012; Jan. 28, 2014; Oct. 24, 2017> |
| 1-2. | A person who commits an act falling under subparagraph 2 shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won; |
| 2. | A person who commits an act falling under any of subparagraphs 3 through 8, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won; |
| 3. | A person who commits an act falling under subparagraph 10 or 11 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won; |
| 4. | A person who commits an act falling under subparagraph 9 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Newly Inserted on Dec. 29, 2020> |
| 1. | A person who uses information related to abused children for purposes other than originally intended, or provide or divulge such information to others, in violation of Article 28-2 (5); |
| 2. | A person who divulges or abuses any confidential information for purposes other than the performance of his or her duties, in violation of Article 65. |
| (3) | 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 Jan. 28, 2014; Mar. 22, 2016; Oct. 24, 2017; Apr. 7, 2020; Dec. 29, 2020> |
| 1. | A person who fails to take measures to protect the rights and interests of children subject to protection, such as the transfer of such children to another child welfare facility, pursuant to Article 51 (2) without good reason; |
| 2. | A person who divulges confidential information or makes unjust gains, in violation of Article 22-5 (2); |
| 2-2. | Deleted; <Dec. 29, 2020> |
| 2-3. | Deleted; <Apr. 7, 2020> |
| 3. | A person who installs a child welfare facility without filing a report under Article 50 (2); |
| 4. | A person who becomes qualified as a child welfare facility personnel prescribed in Article 54 (1) by preparing a false document; |
| 5. | A person who continues to operate a facility or to provide services after receiving an order to suspend business, revoke entrustment, or close the facility under Article 56; |
| 6. | Deleted. <Dec. 29, 2020> |
| 7. | A person who refuses, obstructs, or evades the investigation prescribed in Article 66 (1), or refuses to answer or evade answers to questions or give false answers, or causes a child to refuse to answer or to evade answers to questions or to give false answers or obstructs such child’s answers to questions. |
| Article 72 (Habitual Offenders) |
Any person who habitually commits any crime stipulated in the subparagraphs of Article 71 (1) shall be subject to aggravated punishment up to 1/2 of the amount of punishment for such crime.
| Article 73 (Persons who have Attempted Crimes) |
Any person who has attempted a crime falling under Article 71 (1) 1 shall be punished.
| Article 74 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 71, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation.
| Article 75 (Administrative Fine) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Newly Inserted on Jan. 28, 2014> |
| 1. | The head of a protection facility for abused children, who refuses to take custody of an abused child, in violation of Article 27-3; |
| 2. | The head of a child-related institution who refuses the demand for dismissal prescribed in Article 29-5 (1), or fails to meet such demand within one month, without justifiable grounds. |
| (2) | If the head of a child-related institution fails to check child abuse-related criminal history records, in violation of Article 29-3 (5), he or she shall be subject to an administrative fine not exceeding five million won. <Newly Inserted on Jan. 28, 2014; Dec. 11, 2018> |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Oct. 22, 2012; Jan. 28, 2014; Mar. 27, 2015; Mar. 22, 2016; Dec. 29, 2020> |
| 1. | Deleted; <Jan. 28, 2014> |
| 1-2. | A person who fails to provide education on the duty to report, in violation of Article 26 (3); |
| 1-3. | A person who refuses or interferes with the performance of duties to prevent the recurrence of child abuse without good cause, in violation of Article 28 (3); |
| 1-4. | A family member (including a protector) of an abused child who fails to participate in support provided by the head of the National Center for the Rights of the Child or the head of a specialized child protection agency without good cause, in violation of Article 29 (3); |
| 1-5. | A child abuser who fails to participate in counseling, education or psychological therapy without good cause, in violation of Article 29-2; |
| 2. | A person who fails to provide education, in violation of Article 31; |
| 3. | A person who fails to report on suspension, closure, or resumption of the operation, of a child welfare facility, in violation of Article 51; |
| 4. | A person who uses a name that refers to a child welfare facility, in violation of Article 69. |
| (4) | Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the Minister of Education, the Minister of Culture, Sports and Tourism, the Minister of Health and Welfare, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, the superintendent of the office of education of a Special Metropolitan City, Metropolitan City, Special Self-Governing Province or Do, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Oct. 22, 2012; Jan. 28, 2014> |
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.
Article 2 (General Transitional Measures concerning Administrative Dispositions)
Any administrative disposition, act done by or against an administrative agency under the former Child Welfare At as at the time this Act enters into force shall be deemed an act done by or against an administrative agency corresponding thereto under this Act.
Article 3 (Transitional Measures concerning Specialized Child Protection Agencies)
The National Child Protection Agency and regional specialized child protection agencies established under former Article 24 of the Child Welfare Act as at the time this Act enters into force shall be deemed the National Child Protection Agency and regional specialized child protection agencies established under the amended Article 45. Article 4 (Transitional Measures concerning Child Welfare Facilities and Employees Thereof)
| (1) | Employees of vocational training facilities for children (including the heads of such agencies) under the former Child Welfare Act as at the time this Act enters into force shall be deemed employees of child rearing facilities (including the head of such agencies) under the amended provisions of Article 52 (1) 1. |
| (2) | Children committed in vocational training facilities for children under the former Child Welfare Act as at the time this Act enters into force shall be deemed children committed in the child rearing facilities under the amended provisions of Article 52 (1) 1. |
Article 5 (Transitional Measures concerning Penalty Provisions)
Application of the penalty provisions to any act committed before this Act enters into force shall be governed by the former Child Welfare Act. Article 6 Omitted.
Article 7 (Relationship with Other Statutes and Regulations)
Where the former Chid Welfare Act or the provisions thereof are cited by any other statute or regulations, as at the time this Act enters into force, if this Act includes corresponding provisions, the corresponding provisions of this Act shall be deemed cited in lieu of such former provisions.
ADDENDA <Act No. 11520, Oct. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Image Data Processing Equipment in Child Protection Zones)
The State and local governments shall install image data processing equipment in child protection zones which have no image data processing equipment installed as at the time this Act enters into force pursuant to Article 32 (3) by no later than June 30, 2017.
ADDENDA <Act No. 11572, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12361, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation.
Article 2 (Applicability concerning Restrictions on Working for Social Welfare Facilities among Child-Related Institutions)
The amended provisions of Articles 29-3 through 29-5 shall not apply to any person who is finally and conclusively sentenced to a punishment or medical treatment and custody for the commission of an act falling under Article 71 (1) of this Act before this Act enters into force, if the amended provisions are related to any social welfare facility under Article 2 of the Social Welfare Services Act among the child-related institutions under the amended provisions of Article 29-3. Article 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of any Act, which is amended pursuant to Article 6 of the Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act. Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13259, Mar. 27, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13653, Dec. 29, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14085, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the following provisions shall enter into force as follows:
| 1. | The amended provisions of Articles 4, 15, 15-3, 16 (2), (3) and (4), 16-2, and 60, shall enter into force on the date two years have elapsed after the promulgation of this Act; |
| 2. | The amended provisions of Articles 11-2 and 15-2 shall enter into force on the date three years have elapsed after the promulgation of this Act. |
Article 2 (Applicability to Restrictions on Employment in Institutions related to Children)
The provisions of Articles 29-3 through 29-5 shall apply to child abuse-related crimes committed on and after September 29, 2014: Provided, That the amended provision of Article 29-3 (1) 21 shall apply to child abuse-related crimes committed after this Act enters into force. Article 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.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended pursuant to Article 5 of Addenda, the amended provisions of Acts which were promulgated before this Act enters into force, but the enforcement dates of which have not arrived, shall enter into force on the enforcement dates of the respective Acts. Articles 2 through 6 Omitted.
ADDENDA <Act No. 14887, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Restrictions on Employment in Child-related Institutions)
The amended provisions of Article 29-3 shall begin to apply to the first person whose sentence is final and conclusive, as a person who committed a child abuse-related crime, after this Act enters into force.
ADDENDUM <Act No. 14925, Oct. 24, 2017>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 26-2 and 65-2 shall enter into force on January 1, 2019.
ADDENDA <Act No. 15889, 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 provision of Article 22-3 (2) shall enter into force on the date of its promulgation. Article 2 (Applicability to Restrictions on Employment at Child-Related Institutions)
| (1) | The amended provisions of Article 29-3 shall also apply to a person who committed a child abuse-related crime but upon whom final judgment has not been rendered before this Act enters into force. |
| (2) | The amended provisions of Article 29-3 (1) 23 shall begin to apply to the person issued with an employment restriction order after the same amended provisions enter into force. |
Article 3 (Special Cases concerning Period of Restricted Employment for Persons Finally and Conclusively Convicted of Crimes Related to Elder Abuse under Previous Provisions)
| (1) | Notwithstanding the previous provisions, the period of restricted employment for a person restricted from employment under the previous provisions (hereafter in this Article referred to as “person subject to restriction of employment”) shall apply according to the following classification: Provided, That if the previous provisions are more favorable to a person finally and conclusively convicted of a crime related to child abuse, the previous provisions shall apply: |
| 1. | Persons sentenced to imprisonment with labor or imprisonment without labor for more than three years or to medical treatment and custody, for whom such judgment is made final and conclusive: Five years from the date the execution of such sentence or medical treatment and custody is wholly or partially terminated or is suspended or exempted; |
| 2. | Persons sentenced to imprisonment with labor or imprisonment without labor for up to three years or to medical treatment and custody, for whom such judgment is made final and conclusive: Three years from the date the execution of such sentence or medical treatment and custody is wholly or partially terminated or is suspended or exempted; |
| 3. | Persons sentenced to a fine, for whom such judgment is made final and conclusive: One year from the date such sentence is made final and conclusive. |
| (2) | After this Act enters into force, a person subject to restriction of employment or his or her legal representative may request the court of the first instance for alteration of the period of restricted employment referred to in paragraph (1) or exemption from restriction of employment on the grounds that such period of restricted employment referred to in paragraph (1) is significantly unfair or there are extenuating circumstances to lift such restriction. |
| (3) | Where a person subject to restriction of employment or his or her legal representative makes a request under paragraph (2), he or she shall state the personally identifiable information (referring to the name, date of birth, and address) of the person subject to restriction of employment, factual grounds for such request, etc. in a written request. |
| (4) | The court may seek opinions of the public prosecutor before making a decision on the request referred to in paragraph (2). |
| (5) | Where the court deems a request made under paragraph (2) has no extenuating grounds, it shall notify a decision to dismiss the request. |
| (6) | Where the court deems a request made under paragraph (2) well-grounded, it shall notify a decision to newly set a period of restricted employment not exceeding the period referred to in the subparagraphs of paragraph (1) or a decision to lift the restriction of employment, and shall send a certified copy of a written decision to the public prosecutor. |
| (7) | Where a decision made under paragraph (5) or (6) violates the statutes or regulations or is significantly unfair, the prosecutor, a person subject to restriction of employment, or his or her legal representative may file a complaint within seven days from the date he or she is notified of such decision. |
| (8) | Where the public prosecutor or a person subject to restriction of employment or his or her legal representative files a complaint, he or she shall submit a petition of complaint to the lower court, and the court in receipt of the petition of complaint shall send records attached with a statement of opinion to the appellate court within three days from the date of receipt of the petition of complaint. |
| (9) | Where the appellate court deems the complaint is not filed according to the procedure stipulated in laws or is groundless, it shall dismiss the complaint by decision. |
| (10) | Where the appellate court recognizes the complaint has grounds, it shall quash the original decision and makes a decision directly or transfers the original decision to another competent court. |
| (11) | With respect to a decision made by the appellate court, the public prosecutor or a person subject to restriction of employment or his or her legal representative may file a further complaint with the Supreme Court only when such decision is in violation of any of the statutes and regulations. |
| (12) | The period of filing a further complaint shall be seven days from the day of receipt of notification of a decision to reject the complaint. |
| (13) | Neither complaint nor further complaint has the effect to suspend the execution of a decision. |
| (14) | The court shall serve the Minister of Health and Welfare with the definite date of a decision within 14 days from the date a decision made under paragraph (6) becomes final and conclusive by attaching it to a certified copy of a written decision. |
Article 4 (Special Cases concerning Period of Restricted Employment of Child Abusers Sentenced to Punishment, for Whom Judgment on Such Punishment Becomes Final and Conclusive, before Enforcement Date of this Act after the Constitutional Court’s Decision on Unconstitutionality)
No person sentenced to a punishment for a child abuse-related crime, for whom a judgment on such punishment becomes final and conclusive after June 28, 2018 and before the enforcement date of this Act, may operate a child-related institution; nor may such person be employed by or provide de facto labor in such institution during the period described in the subparagraphs of Article 3 (1) of the Addenda. Article 5 (Special Cases concerning Check and Verification of Employment. for Persons Issued with Employment Restriction Order)
The amended provisions of Article 29-4 (1) shall also apply to those who are finally and conclusively convicted on charges of child abuses committed before this Act enters into force and restricted from employment under Articles 3 and 4 of the Addenda.
ADDENDA <Act No. 16248, 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 50 (3) and 51 (3) shall enter into force on the date of its promulgation, and the amended provisions of Article 44-2 shall enter into force three months after the date of its promulgation. Article 2 (Preparation for Establishment of the National Center for the Rights of the Child)
| (1) | The Minister of Health and Welfare shall appoint not more than 10 incorporators within 60 days from the enforcement of this Act and have them assume duties concerning the establishment and appointment of a director and an auditor at the time of establishment. |
| (2) | Incorporators shall prepare the bylaws of the National Center for the Rights of the Child and register its incorporation without delay after obtaining authorization from the Minister of Health and Welfare. |
| (3) | The president of the National Center for the Rights of the Child at the time of establishment shall be appointed by the Minister of Health and Welfare. |
| (4) | Incorporators shall transfer duties to the president without delay after finishing the registration of establishment of the National Center for the Rights of the Child. |
| (5) | Where the transfer of affairs referred to in paragraph (4) is completed, the establishment members shall be deemed dismissed. |
Article 3 (Special Cases concerning Operation of National Child Abuse Information System)
Notwithstanding the amended provisions of Article 28-2 (6), the operation of the national child abuse information system may be entrusted to the National Center for the Rights of the Child established under this Act or the National Child Protection Agency being operated under Article 4 of the Addenda until December 31, 2019. Article 4 (Transitional Measures concerning Contracts for Entrustment of Operation of Child Welfare-Related Programs and Child Welfare-Related Institutions)
Where the operation of child welfare-related programs or child welfare-related institutions is entrusted pursuant to the previous provisions as at the time this Act enters into force, the child welfare-related programs or child welfare-related institutions may be operated by entrustment until the expiry or termination of the relevant entrustment contract, notwithstanding the amended provisions of Article 10-2. Article 5 (Transitional Measures concerning Korea Adoption Services)
| (1) | Notwithstanding the provisions of the Civil Act concerning the dissolution and liquidation of a corporation, the Korea Adoption Services under the Act on Special Cases concerning Adoption as at the time this Act enters into force shall be deemed dissolved simultaneously with the establishment of the National Center for the Rights of the Child under this Act, and the National Center for the Rights of the Child to be established under this Act shall succeed to all property, rights and obligations of the Korea Adoption Services. |
| (2) | The employees of the Korea Adoption Services as at the time this Act enters into force shall be deemed employed by the National Center for the Rights of the Child. |
Article 6 Omitted.
ADDENDA <Act No. 16737, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 17206, Apr. 7, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on October 1, 2020: Provided, That the amended provisions of Article 24 shall enter into force on the date of its promulgation, and the amended provisions of Articles 29-3 (1), 29-4 (1) 4, and 32 (1) 2 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Restrictions on Employment at Child-Related Institutions)
The amended provisions of Article 29-3 (1) shall apply to persons subject to the application of restriction on employment or to persons for whom an order of restriction on employment becomes final and conclusive after the same amended provisions enter into force, but shall also apply to persons who are still under the period of restriction on employment as at the time the same amended provisions enter into force. Article 3 (Special Cases concerning Duties of Anti-Child Abuse Officials and Specialized Child Protection Agencies)
| (1) | The Mayor/Do Governor or the head of a Si/Gun/Gu may choose not to appoint anti-child abuse officials from the date this Act enters into force until the date prescribed by the Minister of Health and Welfare, not later than September 30, 2022, taking into account the financial status and the current status of human resources of the local government. |
| (2) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu does not appoint anti-child abuse officials under paragraph (1), he or she shall assign a specialized child protection agency to perform duties under the amended provisions of Article 22 (3). In such cases, notwithstanding the amended provisions of Article 22-4, the head of a specialized child protection agency may formulate a protection plan, and for the purposes of the amended provisions of Article 27-2, "a Mayor/Do Governor or the head of a Si/Gun/Gu" shall be construed as "head of a specialized child protection agency", and "anti-child abuse officials" as "employees of specialized child protection agencies", respectively. |
| (3) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu conducts affairs related to child abuse by appointing anti-child abuse officials pursuant to the amended provisions of Article 22 (3) through (5), he or she may require the employees of a specialized child protection agency to support the relevant affairs until September 30, 2023. |
Article 4 (Transitional Measures concerning Penalty Provisions)
The previous provisions of this Act shall apply to cases of imposing penalties on violations committed before this Act enters into force.
ADDENDA <Act No. 17784, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. Provided, That Articles 12 through 14, 15 (1) through (4), 15-4, 16, 16-2, 18, 20, 22-2, 26-2, 28-2 (limited to the amended provisions of paragraph (3) 6 and 7 of the same Article)Articles 292 through 29-4, Articles 54-2, 59, 61, 65, 71 and 75 shall enter into force six months after the date of its promulgation; and the amended provisions of Article 15-5 shall enter into force one year after the date of its promulgation; Articles 10-2, 15-2, 22, and 28-2 (excluding the amended provisions of paragraph (3) 6 and 7 of the same Article) and Article 7 of the Addenda shall enter into force on July 1, 2022. Article 2 (Applicability to Restrictions on Employment at Child-Related Institutions)
The amended provisions of Article 29-3 (1) shall apply to persons subject to the application of restriction on employment or to persons for whom an order of restriction on employment becomes final and conclusive after the same amended provisions enter into force, but shall also apply to persons who are still under the period of restriction on employment as at the time the same amended provisions enter into force. Article 3 (Applicability to Grounds for Disqualification)
The amended provisions of Article 54-2 shall apply to persons hired after this Act enters into force. Article 4 (Special Cases concerning Duties of Anti-Child Abuse Officials and Specialized Child Protection Agencies)
Where a Mayor/Do Governor or the head of a Si/Gun/Gu fails to appoint an anti-child abuse official under Article 3 (1) of the Addenda to the Child Welfare Act (Act No. 17206), he or she shall assign a specialized child protection agency to perform the duties prescribed in the amended provisions of Article 15 (6) (previous Article 15 (5)). Article 5 (Transitional Measures concerning Penalty Provisions)
The previous provisions of this Act shall apply to cases of imposing penalties on violations committed before this Act enters into force.
Article 6 (Transitional Measures concerning Protective Measures)
Protective measures taken under the previous provisions at the time this Act enters into force shall be deemed those taken under this Act, notwithstanding the amended provisions of Article 15 (1) 2. Article 7 Omitted.