ENFORCEMENT DECREE OF THE CHILD CARE ACT
Wholly Amended by Presidential Decree No. 18691, Jan. 29, 2005
Amended by Presidential Decree No. 18873, jun. 23, 2005
Presidential Decree No. 19446, Apr. 13, 2006
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21396, Mar. 31, 2009
Presidential Decree No. 21585, jun. 30, 2009
Presidential Decree No. 21765, Oct. 1, 2009
Presidential Decree No. 21956, Dec. 31, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22263, Jul. 9, 2010
Presidential Decree No. 22395, Sep. 20, 2010
Presidential Decree No. 22629, Jan. 20, 2011
Presidential Decree No. 22906, Apr. 22, 2011
Presidential Decree No. 23192, Sep. 30, 2011
Presidential Decree No. 23264, Oct. 26, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23618, Feb. 3, 2012
Presidential Decree No. 23644, Feb. 29, 2012
Presidential Decree No. 23734, Apr. 17, 2012
Presidential Decree No. 23909, jun. 29, 2012
Presidential Decree No. 24247, Dec. 21, 2012
Presidential Decree No. 24397, Feb. 28, 2013
Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 24904, Dec. 4, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25164, Feb. 11, 2014
Presidential Decree No. 25929, Dec. 30, 2014
Presidential Decree No. 26525, Sep. 15, 2015
Presidential Decree No. 26703, Dec. 10, 2015
Presidential Decree No. 27252, jun. 21, 2016
Presidential Decree No. 27732, Dec. 30, 2016
Presidential Decree No. 28132, jun. 20, 2017
Presidential Decree No. 28628, Feb. 9, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29805, jun. 4, 2019
Presidential Decree No. 30171, Oct. 29, 2019
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31513, Mar. 2, 2021
Presidential Decree No. 31576, Mar. 30, 2021
The purpose of this Decree is to prescribe matters mandated by the Child Care Act and matters necessary for the enforcement thereof. [This Article Wholly Amended on Jun. 30, 2009]
| Article 2 Deleted. <Mar. 2, 2021> |
| Article 3 Deleted. <Mar. 2, 2021> |
| Article 4 Deleted. <Mar. 2, 2021> |
| Article 4-2 Deleted. <Mar. 2, 2021> |
| Article 5 Deleted. <Mar. 2, 2021> |
| Article 6 (Composition of Child Care Policy Committees) |
| (1) | The Central Child Care Policy Committee established under the Ministry of Health and Welfare pursuant to the main clause of Article 6 (1) of the Child Care Act (hereinafter referred to as the "Act") (hereinafter referred to as the "Central Child Care Policy Committee") shall be comprised of not exceeding 20 members, including one chairperson and one vice chairperson, while local child care policy committees (hereinafter referred to as "local child care policy committees") established in a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereinafter referred to as "City/Do"), and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall be comprised of not exceeding 15 members, including one chairperson and one vice chairperson. <Amended on Mar. 15, 2010; Jun. 29, 2012; Mar. 2, 2021> |
| (2) | The Vice Minister of Health and Welfare shall be the Chairperson of the Central Child Care Policy Committee, and the Vice Chairperson shall be appointed from among its members, who shall be any of the following persons: <Amended on Mar. 15, 2010; Dec. 8, 2011> |
| 1. | A person commissioned by the Minister of Health and Welfare from among child care specialists, principals of child care centers, representatives of child care teachers, representatives of guardians, and persons representing the public interest, referred to in Article 6 (2) of the Act; |
| 2. | A Grade III public official in charge of child care policies in the Ministry of Health and Welfare, or a public official in general service belonging to the Senior Civil Service Corps. |
| (3) | The chairperson and vice chairperson of a local child care policy committee shall be elected from among its members, and its members shall be commissioned or appointed by the head of a local government to which the relevant local child care policy committee belongs, from among child care experts, principals of child care centers, representatives of child care teachers, representatives of guardians, persons representing the public interest, and relevant public officials (excluding members of the relevant local council) referred to in Article 6 (2) of the Act. In such cases, the membership composition ratio shall be as follows: <Amended on Mar. 15, 2010; Dec. 8, 2011; Jun. 29, 2012> |
| 1. | Representatives of guardians and persons representing the public interest: At least 45/100 of the entire members; |
| 2. | Child care specialists: Not exceeding 20/100 of all members; |
| 3. | Relevant public officials: Not exceeding 15/100 of the all members; |
| 4. | Principals of child care centers: Not exceeding 10/100 of the entire members; |
| 5. | Representatives of child care teachers: Not exceeding 10/100 of the entire members. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 7 (Functions of Child Care Policy Committees) |
| (1) | The Central Child Care Policy Committee shall deliberate on the following: <Amended on Dec. 8, 2011; Dec. 4, 2013; Jun. 4, 2019> |
| 1. | Matters on formulation of child care plans referred to in Article 11 of the Act and of annual implementation plans referred to in Article 19 (2) of this Decree; |
| 3-2. | Deleted; <Sep. 15, 2015> |
| 4. | Other matters referred by the Chairperson to its meeting in relation to child care, such as entrustment with child care-related affairs. |
| (2) | A local child care policy committee shall deliberate on the following: <Amended on Jul. 9, 2010; Dec. 8, 2011; Feb. 3, 2012; Jun. 29, 2012; Dec. 4, 2013> |
| 1. | Deleted; <Jun. 29, 2012> |
| 2. | Matters on formulation of child care plans referred to in Article 11 of the Act and of annual implementation plans referred to in Article 19 (2) of this Decree; |
| 3. | Matters on establishment of public child care centers referred to in Article 12 of the Act and entrustment with operation of public child care centers referred to in Article 24 (2) of the Act: Provided, That matters which may not undergo deliberation by the relevant local child care policy deliberation committee among matters concerning entrustment with operation of public child care centers, as prescribed by Ordinance of the Ministry of Health and Welfare, shall be excluded herefrom; |
| 6. | Matters on child care fees, etc., to be paid by users of child care centers referred to in Article 38 of the Act; |
| 7. | Deleted. <Sep. 15, 2015> |
| 8. | Deleted; <Jun. 29, 2012> |
| 9. | Matters on the standards for establishment of child care centers and staffing standards of child care teachers and staff on islands, in remote places, in agricultural and fishing communities, etc., referred to in Article 52 of the Act; |
| 10. | Other matters referred by the Chairperson to its meeting in relation to child care. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 8 (Term of Office of Child Care Policy Committee Members) |
| (1) | The term of office of private members among members of the Central Child Care Policy Committee and local child care policy committees (hereinafter referred to as "relevant child care policy committee") shall be two years, but may be renewed only once. |
| (2) | The term of office of a member newly commissioned to fill a vacancy by another member shall be the remainder of his/her predecessor's term of office. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 9 (Operation, etc., of Child Care Policy Committees) |
| (1) | The chairperson of each child care policy committee shall represent the relevant committee and exercise overall control over affairs of the committee. |
| (2) | The vice chairperson of each child care policy committee shall assist the chairperson and act on his/her behalf if the chairperson is unable to perform any of his/her duties due to extenuating circumstances. |
| (3) | Each child care policy committee shall have one secretary assigned to conduct affairs of the child care policy committee, who shall be appointed by the head of an institution or local government to which each child care policy committee belongs, from among public officials under his/her management. In such cases, the secretary shall prepare minutes of its meetings. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 10 (Meetings of Child Care Policy Committees) |
| (1) | Meetings of each child care policy committee shall be called by the chairperson when the head of an institution or local government to which the relevant child care policy committee belongs or at least one third of all incumbent members request the convocation thereof, or when the chairperson deems it necessary. |
| (2) | Meetings of each child care policy committee shall convene with a majority of all incumbent members present, and resolutions shall be adopted with the concurrent vote of a majority of the members present. |
| (3) | Allowances and travel expenses shall be paid to members who attend a meeting of each child care policy committee, within the budget: Provided, That the same shall not apply where a member who is a public official attends a meeting of the committee in direct connection with his or her duties. <Amended on Mar. 2, 2021> |
| (4) | In principles, outcomes and details of meetings of each child care policy committee shall be made public. In such cases, the method of disclosure thereof shall be prescribed by the detailed operational rules of each child care policy committee. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 10-2 (Exclusion, Challenge, or Refrainment of Members) |
| (1) | Where a member of each child care policy committee falls under any of the following cases, he/she shall be excluded from deliberations on the relevant agenda item: <Amended on Jun. 29, 2012> |
| 1. | Where a member, or his/her current or former spouse is a party to an agenda, or is related to a party to the agenda as a joint holder of any right or liability; |
| 2. | Where a member is related to a party to an agenda as a relative; |
| 3. | Where a member or a corporation, organization, etc., to which he/she belongs is, or has been, involved as an agent of a party to an agenda; |
| 4. | Other cases where a member has a direct interest with a party to an agenda item. |
| (2) | Where any circumstances make it impracticable to expect a fair deliberation from a member, a party to an agenda under deliberation by each child care policy committee may request to challenge him/her. |
| (3) | Where a member falls under paragraph (1) or (2), he/she shall voluntarily refrain from deliberations on the relevant agenda. <Amended on Dec. 10, 2015> |
[This Article Newly Inserted on Jun. 30, 2009]
| Article 10-3 (Appointment and Dismissal of Members of Each Child Care Policy Committee) |
| (1) | Where a member of the Central Child Care Policy Committee prescribed in Article 6 (2) 1 falls under any of the following, the Minister of Health and Welfare may dismiss the relevant member: |
| 1. | Where he/she is incapable of carrying out his/her duties due to mental handicap; |
| 2. | Where he/she conducts any irregularity in connection with his/her duties; |
| 3. | Where he/she is deemed unsuitable for a member due to his/her delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where a member fails to evade even though he/she falls under any of the subparagraphs of Article 10-2 (1); |
| 5. | When the member voluntarily admits that it is impracticable for him/her to perform his/her duties as a member. |
| (2) | Where a member of a local child care policy committee prescribed in Article 6 (3) falls under any of the following, the head of the local government may dismiss the relevant member: |
| 1. | Where he/she is incapable of carrying out his/her duties due to mental handicap; |
| 2. | Where he/she conducts any irregularity in connection with his/her duties; |
| 3. | Where he/she is deemed unsuitable for a member due to his/her delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where a member fails to evade even though he/she falls under any of the subparagraphs of Article 10-2 (1); |
| 5. | When the member voluntarily admits that it is impracticable for him/her to perform his/her duties as a member. |
[This Article Newly Inserted on Dec. 10, 2015]
| Article 11 (Detailed Operational Rules of Child Care Policy Committees) |
Except as provided in this Decree, matters necessary for the operation of each child care policy committee shall be determined by the chairperson following resolution by each child care policy committee.
[This Article Wholly Amended on Mar. 2, 2021]
| Article 12 (Establishment of Child Care Support Centers) |
A data room, counseling room, training room, etc., shall be established in the Central Child Care Support Center established and operated by the Minister of Health and Welfare (hereinafter referred to as "Central Child Care Support Center") and in local child care support centers (hereinafter referred to as "local child care support centers") established and operated by each Special Metropolitan City Mayor, each Metropolitan City Mayor, the Metropolitan Autonomous City Mayor, each Do Governor, the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), pursuant to Article 7 (1) of the Act. <Amended on Mar. 15, 2010; Dec. 4, 2013; Feb. 11, 2014> [This Article Wholly Amended on Jun. 30, 2009]
[This Article Newly Inserted on Dec. 4, 2013]
| Article 13 (Functions of Child Care Support Centers) |
| (1) | The Central Child Care Support Center and local child care support centers (hereinafter referred to as "each child care support center") shall perform the following functions: <Amended on Dec. 8, 2011; Dec. 4, 2013; Jun. 4, 2019> |
| 1. | Providing part-time child care services; |
| 1-2. | Collecting and providing information on child care; |
| 2. | Providing or lending child care programs and teaching materials or aids; |
| 3. | Providing counseling to child care teachers and staff, and information on recruitment and job seeking; |
| 4. | Counseling and consultation on establishment, operation, etc., of a child care center; |
| 5. | Providing information on child care for the vulnerable, including child care for disabled children; |
| 6. | Counseling and education for parents; |
| 7. | Providing experience and play spaces to infants and young children; |
| 8. | Educating parents of infants and young children and child care teachers and staff on preventing abuse of infants and young children; |
| 9. | Other matters necessary for the operation of child care centers, support for home nurseries, etc. |
| (2) | The Central Child Care Support Center shall assist local child care support centers in their affairs, while local child care support centers shall render services based on the local characteristics to child care centers and child care users in their jurisdictional areas. <Amended on Dec. 8, 2011; Dec. 4, 2013> |
[This Article Wholly Amended on Jun. 30, 2009]
[This Article Newly Inserted on Dec. 4, 2013]
| Article 14 (Qualification and Duties of Heads of Child Care Support Centers) |
| (1) | The head of each child care support center shall have at least five-year work experience in child care business after being qualified as a child care expert referred to in Article 15 (1). |
| (2) | The head of each child care support center shall represent the relevant child care support center and exercise overall control over affairs of such center. <Amended on Dec. 4, 2013> |
| (3) | The head of each child care support center shall serve on a full-time basis. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Jun. 30, 2009]
[This Article Newly Inserted on Dec. 4, 2013]
| Article 15 (Qualifications and Duties of Child Care Experts) |
| 1. | A person qualified as a Grade I child care teacher specified in attached Table 1; |
| 2. | A person with at least three years’ experience in child care business after obtaining qualification as a Grade I social welfare worker under the Social Welfare Services Act. |
| (2) | A child care expert shall conduct affairs of a child care support center referred to in Article 13, and a senior child care expert shall act on behalf of the head of a child care support center if he/she is unable to perform his/her duties due to extenuating circumstances. <Amended on Dec. 4, 2013> |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 16 (Qualifications for Counseling Experts) |
| 2. | A person who has received a bachelor's degree in counseling or psychology from a school defined in any subparagraph of Article 2 of the Higher Education Act (including persons deemed to have a similar school career or higher under the relevant statutes) and has at least three years’ work experience in relation to counseling. |
[This Article Newly Inserted on Sep. 15, 2015]
| Article 17 Deleted. <2012. 2. 3.> |
| Article 18 Deleted. <Jun. 4, 2019> |
| Article 18-2 (Types of Child Care Centers of Corporations, Organizations, etc.) |
"Child care centers prescribed by Presidential Decree" referred to in subparagraph 3 of Article 10 of the Act means any of the following child care centers: | 2. | A child care center established and operated by a religious organization; |
| 5. | A child care center equivalent to the child care centers under subparagraphs 1 through 4 and prescribed by the Minister of Health and Welfare. |
[This Article Newly Inserted on Feb. 3, 2012]
| Article 19 (Details of, and Formulation Timing and Procedures for, Child Care Plans) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall, pursuant to Article 11 (1) of the Act, formulate child care plans containing the following: <Amended on Mar. 15, 2010; Dec. 8, 2011> |
| 1. | Basic direction-setting for child care services; |
| 2. | Matters on establishment of, and supply and demand for, child care centers; |
| 3. | Matters on child care teachers and staff; |
| 4. | Matters on operation and evaluation of child care centers; |
| 5. | Matters on child care expenses; |
| 6. | Other matters necessary for child care. |
| (2) | The Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall formulate child care plans referred to paragraph (1) every five years, and annual implementation plans by the end of February each year. <Amended on Mar. 15, 2010> |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 19-2 (Establishment and Operation of National or Public Child Care Centers) |
| (1) | The size of multi-family housing that shall establish and operate national or public child care centers pursuant to Article 12 (3) of the Act shall be at least 500 households. |
| 2. | Where a local child care policy committee has deliberated that it is not necessary to operate a national or public child care center, such as there is no demand for child care in terms of the characteristics of the relevant multi-family housing. |
| (3) | Before a project operator under subparagraph 10 of Article 2 of the Housing Act applies for a pre-use inspection under Article 29 of the same Act, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall conclude an agreement with the project operator on the maximum number of infants and young children of national or public child care centers (limited to those operated by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu) and the ratio, etc. of sharing expenses incurred in the establishment and operation thereof. <Amended on Mar. 2, 2021> |
[This Article Wholly Amended on Jun. 4, 2019]
| Article 20 (Establishment of Workplace Child Care Centers) |
| (1) | A place of business requiring the business proprietor to establish a workplace child care center pursuant to Article 14 (1) of the Act shall be a place of business which hires at least 300 full-time female workers or at least 500 full-time workers. <Amended on Dec. 8, 2011> |
| (2) | In applying paragraph (1), at least two State administrative agencies shall be deemed one place of business, if they jointly use a Government building. |
| (3) | Where a workplace child care center should be established under paragraph (2), an agency in charge of establishing and managing such child care center, shall be determined in the following order: Provided, That it may be determined otherwise through consultation between agencies jointly using a Government building: <Amended on Dec. 8, 2011> |
| 1. | An agency in charge of managing the relevant Government building (an agency related to the main function of the Government building, if the building is not State property); |
| 2. | An agency where demand for child care is the highest. |
| (4) | Expenses incurred in operating a workplace child care center established under paragraphs (2) and (3), shall be borne by each relevant agency in proportion to the number of infants and young children using such child care center: Provided, That if it is necessary to adjust cost-sharing due to extenuating circumstances, the ratio of expenses to be borne shall be determined through consultation between an agency in charge of establishing and managing the child care center and agencies using it. <Amended on Dec. 8, 2011> |
| (5) | If necessary, the business proprietor of a place of business other than those referred to in paragraphs (1) and (2) may establish a workplace child care center to provide child care to employees' children. <Amended on Dec. 8, 2011; Dec. 30, 2014> |
[This Article Wholly Amended on Jun. 30, 2009]
[This Article Newly Inserted on Dec. 8, 2011]
| Article 20-2 (Research Institution on Performance of Duty to Establish Workplace Child Care Centers, etc.) |
| (1) | "Institution prescribed by Presidential Decree" in the former part of Article 14-2 (1) of the Act, means any of the following: <Amended on Mar. 23, 2013; Dec. 30, 2014> |
| 1. | The Ministry of Education; |
| 2. | The Ministry of Employment and Labor; |
| (2) | The Minister of Health and Welfare and the head of an institution referred to in each subparagraph of paragraph (1) (hereinafter referred to as "research institution"), shall conduct a fact-finding survey to assess performance of the duty to establish a workplace child care center, etc., referred to in Article 14 (1) of the Act (hereinafter referred to as "fact-finding survey on performance of duties"), for any of the following places of business, as relevant: <Amended on Mar. 23, 2013; Feb. 11, 2014; Dec. 30, 2014> |
| 2. | The Minister of Employment and Labor: Places of business subscribed to employment insurance; |
| 3. | A Mayor/Do Governor: Places of business which are local administrative agencies located in areas under the jurisdiction of the relevant City/Do (excluding institutions falling under subparagraph 1); |
| 4. | The Minister of Health and Welfare: Places of business not specified in subparagraphs 1 through 3. |
| (3) | If necessary to conduct a fact-finding survey to assess performance of duties, the Minister of Health and Welfare and the head of a research institution may request the relevant administrative agency, an institution, organization, etc., subject to the fact-finding survey to assess performance of duties to submit materials, opinions, etc. Upon receipt of such request, the relevant administrative agency, institution, organization, etc., shall comply therewith, except in extenuating circumstances. |
[This Article Newly Inserted on Jun. 29, 2012]
| Article 20-3 (Method, etc. of Fact-Finding Survey on Performance of Duties) |
| (1) | The Minister of Health and Welfare and the head of a research institution shall conduct a fact-finding survey on performance of duties as at December 31 each year, pursuant to the former part of Article 14-2 (1) of the Act. |
| (2) | The head of a research institution shall notify the Minister of Health and Welfare of the results of the survey referred to in paragraph (1) by the end of February the following year, pursuant to the latter part of Article 14-2 (1) of the Act. |
| (3) | Details of a fact-finding survey to assess performance of duties, shall be as follows: |
| 1. | Basic matters on a place of business, such as its name, and the number of full-time workers and full-time female workers; |
| 2. | The number of infants and young children eligible for child care and demand for child care in the relevant place of business; |
| 3. | The actual status of performance of the duty to establish a workplace child care center, etc., referred to in Article 14 of the Act; |
| 4. | If a place of business neglects any of its duties to establish a workplace child care center, etc., referred to in Article 14 of the Act, the ground therefor and a performance plan (including timing to perform such duty). |
[This Article Newly Inserted on Jun. 29, 2012]
| Article 20-4 (Timing, Method, etc., of Announcement of Lists) |
| (1) | The Minister of Health and Welfare shall announce a list of places of business which have breached the obligation to establish a workplace child care center, etc. or have failed to respond to a fact-finding survey, by May 31 each year, pursuant to the main clause of Article 14-2 (2) of the Act. <Amended on Dec. 30, 2014; Jun. 20, 2017> |
| (2) | The list referred to in paragraph (1) shall include the names and addresses of the relevant places of business, the number of full-time workers, the number of full-time female workers, the number of infants and young children eligible for child care and the grounds for the breach of the obligation or the failure to respond to a fact-finding survey. <Amended on Dec. 30, 2014> |
[This Article Newly Inserted on Jun. 29, 2012]
| Article 20-5 (Reasons for Exclusion from Announcement of Lists) |
"Where reasons prescribed by Presidential Decree exist" in the proviso of Article 14-2 (2) of the Act, means any of the following cases: | 1. | Where one year has not elapsed since the relevant place of business became subject to the obligation to establish a workplace child care center pursuant to Article 20 (1); |
| 2. | Where the relevant place of business is establishing a workplace child care center by formulating a plan to establish the workplace child care center and contributing to construction costs; |
| 3. | Where it is deemed unnecessary to announce the list, such as where no demand for child care exists in light of the nature of full-time workers of the relevant place of business. |
[This Article Newly Inserted on Jun. 29, 2012]
| Article 20-6 (Establishment and Operation of Deliberation Committee on Announcement of List of Workplace Child Care Centers) |
| (2) | A person falling under Article 14-2 (3) 1 of the Act shall be the chairperson of the deliberation committee on announcement of the list of workplace child care centers referred to in Article 14-2 (3) of the Act (hereinafter referred to as the "committee for deliberation on announcement of list"). |
| (3) | The term of office of a commissioned member of the deliberation committee on announcement of the list shall be two years, but may be renewed only once, and the term of office of a member newly commissioned due to the resignation, etc. of another member shall be the remaining term of office of his/her predecessor. <Amended on Dec. 10, 2015> |
| (4) | The chairperson of the deliberation committee on announcement of the list shall represent the deliberation committee on announcement of the list and exercise overall control over its affairs. |
| (5) | Meetings of the deliberation committee on announcement of the list shall be called by the chairperson when deemed necessary or when at least one-third of all incumbent members request the convocation thereof. |
| (6) | Meetings of the deliberation committee on announcement of the list shall convene with the attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of the members present. |
| (7) | Allowances may be provided, and travel expenses reimbursed, within budgetary limits, to members who attend a meeting of the deliberation committee on announcement of the list: Provided, That the same shall not apply where a member who is a public official attends such meeting in direct relation to his/her affairs. |
| (8) | The deliberation committee on announcement of the list shall have one secretary assigned to conduct affairs of the deliberation committee on announcement of the list, who shall be appointed by the Minister of Health and Welfare from among public officials belonging to the Ministry of Health and Welfare. |
| (9) | Where a member of the deliberation committee on announcement of the list prescribed in Article 14-2 (3) 2 through 6 of the Act falls under any of the following, the Minister of Health and Welfare may dismiss the relevant member: <Newly Inserted on Dec. 10, 2015> |
| 1. | Where he/she is incapable of carrying out his/her duties due to mental handicap; |
| 2. | Where he/she conducts any irregularity in connection with his/her duties; |
| 3. | Where he/she is deemed unsuitable for a member due to his/her delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where he/she voluntarily confesses that it is difficult for him/her to perform his/her duties. |
| (10) | Except as otherwise expressly prescribed in paragraphs (1) through (9), matters necessary for operating the deliberation committee on announcement of the list shall be determined by the chairperson, subject to deliberation by the deliberation committee on announcement of the list. <Amended on Dec. 10, 2015> |
[This Article Newly Inserted on Jun. 29, 2012]
| Article 20-7 (Provision of Opportunity to Make Explanatory Statements) |
Before announcing a list pursuant to Article 20-4, the Minister of Health and Welfare shall give written notice of the fact of announcement to business proprietors of places of business subject to announcement of the list pursuant to Article 14-2 (4) of the Act, and provide them with an opportunity to submit explanatory materials or to state their opinions at a meeting of the deliberation committee on announcement of the list of workplace child care centers, within 20 days after receipt of such notice. [This Article Newly Inserted on Jun. 29, 2012]
| Article 20-8 (Measures to Secure Safety of Video Information) |
| (1) | An establisher/operator of a child care center shall take the following measures to ensure the safety of video information pursuant to Article 15-5 (3) of the Act: |
| 1. | Measures to keep records of access and to prevent forgery or modulation thereof, in order to address any infringement on video information; |
| 2. | Measures to control access to video information and to restrict rights to access thereto; |
| 3. | Measures to formulate and implement internal management plans for safely processing video information; |
| 4. | Physical measures, such as preparing storage facilities for safe keeping of video information and installing locking devices. |
| (2) | Details of the measures necessary to ensure the safety of video information referred to in paragraph (1), shall be prescribed and publicly announced by the Minister of Health and Welfare. |
[This Article Newly Inserted on Sep. 15, 2015]
| Article 21 (Standards for Qualifications for Principals, Child Care Teachers, and Staff of Child Care Centers) |
The standards for qualifications for principals, child care teachers, and staff of child care centers referred to in Article 21 (1) and (3) of the Act shall be as specified in attached Table 1. <Amended on Dec. 8, 2011> [This Article Wholly Amended on Jun. 30, 2009]
[This Article Newly Inserted on Dec. 8, 2011]
| Article 21-2 (Scope of Establishment of Child Care Center Operating Committees) |
| (1) | "Child care centers prescribed by Presidential Decree" under the proviso of Article 25 (1) of the Act means all child care centers, excluding child care centers at parents associations referred to in subparagraph 6 of Article 10 of the Act. <Amended on Dec. 8, 2011; Feb. 3, 2012; Mar. 2, 2021> |
| (2) | The number of members of a child care center operating committee under Article 25 (3) of the Act shall be classified as follows: <Newly Inserted on Mar. 2, 2021> |
| 1. | A child care center for which the number of infants and young children is less than 100: At least 5 and up to 10 members; |
| 2. | A child care center for which the number of infants and young children is at least 100: At least 11 and up to 15 members. |
[This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Dec. 8, 2011; Mar. 2, 2021]
| Article 21-3 (Grounds for Canceling Designation of Part-Time Child Care Services Providers) |
| 1. | Where it is designated by fraud or other improper means; |
| 3. | Where it fails to provide part-time child care services within three years from the date of designation without good cause; |
| 4. | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that it fails to meet the requirements necessary for providing part-time child care services, such as safety, sanitation, child care environment, the operation of child care courses, and expertise of child care personnel; |
| 5. | Where it is impossible to provide part-time child care services, such as where the head of a part-time child care services provider closes the relevant institution or suspends its operation for at least three months without good cause; |
| 6. | Where the head of a part-time child care services provider requests the cancellation of designation. |
[This Article Newly Inserted on Dec. 4, 2013]
[Title Amended on Jun. 4, 2019]
[Previous Article 21-3 moved to Article 21-4 <Dec. 4, 2013>]
| Article 21-4 (Preferential Provision of Child Care) |
"Child care centers prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 28 of the Act means child care centers of corporations, organizations, etc., in subparagraph 3, home-based child care centers in subparagraph 5, and private child care centers in subparagraph 7 of Article 10 of the Act. [This Article Newly Inserted on Jun. 29, 2012]
[Moved from Article 21-3; previous Article 21-4 moved to Article 21-5 <Dec. 4, 2013>]
| Article 21-5 (Permission for Establishment of Mutual Aid Association for Safety of Child Care Centers) |
| (1) | Where it is intended to establish a mutual aid association for safety of child care centers referred to in Article 31-2 (2) of the Act (hereinafter referred to as "mutual aid association"), at least eight promoters shall prepare its articles of association and mutual aid by-laws and file an application with the Minister of Health and Welfare for permission therefor. <Amended on Mar. 15, 2010; Dec. 8, 2011> |
| (2) | When the Minister of Health and Welfare grants permission under paragraph (1), he/she shall publicly announce such fact. <Amended on Mar. 15, 2010> |
[This Article Newly Inserted on Jun. 30, 2009]
[This Article Newly Inserted on Dec. 8, 2011]
[Moved from Article 21-4; previous Article 21-5 moved to Article 21-6 <Dec. 4, 2013>]
| Article 21-6 (Particulars to Be Stated in Articles of Association of Mutual Aid Association) |
| (1) | Matters to be provided for in the articles of association referred to in Article 31-2 (6) of the Act shall be as follows: <Amended on Dec. 8, 2011> |
| 3. | Location of the head office; |
| 5. | Matters on the standards for a share in investments; |
| 6. | Matters on qualifications, etc., for membership; |
| 7. | Matters on executives and employees; |
| 8. | Matters on the board of directors; |
| 9. | Matters on compensation examinations of mutual aid business for safety of child care centers; |
| 10. | Matters on assets and accounting; |
| 11. | Matters on amendment to the articles of association; |
| 12. | Matters on enactment, amendment, and abolition of by-laws; |
| 13. | Matters on the method of making public announcements. |
| (2) | Where a mutual aid association intends to amend its articles of association, it shall obtain authorization thereof from the Minister of Health and Welfare. <Amended on Mar. 15, 2010> |
[This Article Newly Inserted on Jun. 30, 2009]
[Moved from Article 21-5; previous Article 21-6 moved to Article 21-7 <Dec. 4, 2013>]
| Article 21-7 (Operation and Supervision of Mutual Aid Associations) |
| (1) | A mutual aid association shall prepare and submit both a business plan and budget bill for each business year one month before the relevant business year, and a settlement of accounts for each business year within two months after the relevant business year, to the Minister of Health and Welfare. <Amended on Mar. 15, 2010> |
| (2) | The Minister of Health and Welfare may issue an order to report mutual aid business, or provide guidance to or supervision over the business or property conditions, and may require rectification, if deemed necessary. <Amended on Mar. 15, 2010> |
[This Article Newly Inserted on Jun. 30, 2009]
[Moved from Article 21-6; previous Article 21-7 moved to Article 21-8 <Dec. 4, 2013>]
| Article 21-8 Deleted. <Jun. 4, 2019> |
| Article 21-9 Deleted. <Jun. 4, 2019> |
| Article 21-10 Deleted. <Jun. 4, 2019> |
| Article 22 (Details, Scope, etc., of Free Child Care) |
| 1. | Infants and young children who are at least three years of age as of January 1 of the relevant year: Where they are provided, at child care centers, with common child care and educational courses determined after consultation between the Minister of Health and Welfare and the Minister of Education (hereinafter referred to as "common courses"), among the child care courses referred to in Article 29 of the Act: Provided, That this shall include infants and young children who turn three years old during the period between January 2 and March 1 and are provided with common courses at child care centers; |
| (2) | Notwithstanding paragraph (1), free child care may be provided for disabled children until they reach twelve years old, if they are provided with child care courses referred to in Article 29 of the Act at child care centers pursuant to Article 34 (2) of the Act. <Newly Inserted on Feb. 28, 2013> |
| (3) | Except as otherwise expressly prescribed in paragraphs (1) and (2), matters necessary for providing free child care shall be determined by the Minister of Health and Welfare. <Amended on Feb. 28, 2013> |
[This Article Wholly Amended on Sep. 30, 2011]
[Title Amended on Feb. 28, 2013]
| Article 23 (Expenses for Free Child Care) |
| (3) | Details of the method, procedures, etc., for subsidizing expenses incurred in providing free child care shall be prescribed by the Minister of Health and Welfare. |
[This Article Wholly Amended on Sep. 30, 2011]
| Article 23-2 (Persons Eligible for Child Home-Care Allowances and Standards for Provision Thereof) |
| (1) | Upon receipt of an application for provision of expenses incurred in rearing a child under Article 34-2 (1) of the Act (hereinafter referred to as "child home-care allowances"), the State and a local government shall examine whether the relevant infant or young child is eligible for allowances and determine whether to grant a child home-care allowance. |
| (2) | Where the State and a local government determine to grant child home-care allowances pursuant to paragraph (1), they shall regularly provide child home-care allowances for the period from the month in which the date of determination falls to February of the year following the year in which the date the relevant infant reaches six years of age falls. |
| (3) | Notwithstanding paragraph (2), where a person files an application for provision of child home-care allowances within 60 days including the date of birth of an infant or young child after he or she was born and it is determined to grant child home-care allowances, child home-care allowances shall be paid retroactively from the month in which his or her date of birth falls: Provided, That where the person fails to file an application for provision of child home-care allowances within 60 days including the date of birth of an infant or young child after he or she was born, due to unavoidable reasons prescribed by Ordinance of the Ministry of Health and Welfare, the period during which such reasons exist shall not be included in the period of up to 60 days. |
| (4) | Notwithstanding paragraph (2), where an infant or young child falls under any of the following, a child home-care allowance shall be provided until the following months: |
| 1. | The month in which any of the following grounds arises: |
| (a) | Where the infant or young child dies; |
| (b) | Where the infant or young child loses his or her Korean nationality; |
| (c) | Where an infant or young child recognized as a refugee under subparagraph 2 of Article 2 of the Refugee Act becomes subject to the cancellation of refugee status under Article 22 (1) of the same Act or the decision to recognize refugee status is withdrawn under paragraph (2) of the same Article; |
| (d) | Where the survival or death of an infant or young child cannot be verified within 30 days from the date the relevant administrative agency, such as a police agency, receives the relevant report, due to unknown whereabouts, missing, etc.; |
| (e) | Where an infant or young child is registered as domiciles unknown pursuant to Article 20 (6) of the Resident Registration Act: Provided, That cases where the actual place of residence of the infant or young child is known shall be excluded; |
| (f) | Where a guardian of an infant or young child applies for the suspension of provision for child home-care allowances, as any ground determined and publicly notified by the Minister of Health and Welfare arises; |
| 2. | The month preceding the month in which the date the grounds for exclusion from the provision for child home-care allowances arise. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for persons eligible for child home-care allowances, the standards for provision thereof, etc. shall be determined and publicly notified by the Minister of Health and Welfare. |
[This Article Newly Inserted on Jun. 4, 2019
| Article 24 (Subsidization of Expenses) |
| (1) | The State or a local government shall fully or partially subsidize any of the following expenses, within budgetary limits pursuant to Article 36 of the Act: <Amended on Mar. 15, 2010; Dec. 8, 2011; Feb. 3, 2012; Dec. 4, 2013> |
| 1. | Expenses incurred in establishing, expanding, reconstructing, improving, or repairing child care centers; |
| 2. | Personnel expenses for child care teachers; |
| 3. | Expenses for teaching materials and aids; |
| 4. | Expenses for establishing and operating local child care support centers; |
| 5. | Expenses for employee education and training, such as refresher education; |
| 6. | Expenses for providing child care for the vulnerable, such as child care for disabled children; |
| 7. | Other expenses deemed necessary for the Minister of Health and Welfare or the head of the relevant local government to operate child care centers, such as vehicle operating expenses. |
| (2) | Matters necessary for the method, etc. of subsidizing expenses specified in paragraph (1), shall be prescribed by the Minister of Health and Welfare or the head of the relevant local government. <Amended on Mar. 15, 2010> |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 25 (Expenses to Be Borne by Business Proprietor) |
A business proprietor who has established a workplace child care center (including where at least two business proprietors jointly establish a workplace child care center) pursuant to Article 14 (1) of the Act or has concluded an outsourcing contract with a local child care center shall bear at least 50/100 of the expenses incurred in operating such child care center and in nursing infants and young children who receive outsourced child care, pursuant to Article 37 of the Act. <Amended on Jul. 9, 2010; Dec. 8, 2011> [This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Jul. 9, 2010]
| Article 25-2 (Procedures and Methods for Reporting Violations and Standards for Payment of Monetary Awards) |
| (1) | Articles 8, 8-2, 9, 9-2, and 10 of the Public Interest Whistleblower Protection Act shall apply mutatis mutandis to the procedures and methods for filing a report or complaint under Article 42-2 (1) of the Act. In such cases, "whistleblowing disclosure", "act detrimental to the public interest", "whistleblower", and the "Commission" shall be construed as "report or complaint", "violation", "person who files a report or complaint", and the "head of the relevant administrative agency or investigative agency", respectively. |
| (2) | Upon receipt of a report or complaint filed pursuant to Article 42-2 (1) of the Act, the head of the relevant administrative agency (excluding cases where the Minister of Health and Welfare receives such report) or investigative agency shall notify such fact to the Minister of Health and Welfare, or the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over child care centers to which a person on or against whom a report or complaint is filed belongs. |
| (3) | Upon receipt of a report or complaint under Article 42-2 (1) of the Act or notification under paragraph (2) of this Article, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall verify the details thereof, determine whether to grant monetary awards, and notify such fact to the person who files a report or complaint. |
| (4) | The Minister of Health and Welfare or the Mayor/Do Governor or the head of a Si/Gun/Gu shall grant monetary awards to a person who files a report or complaint under paragraph (3) within 60 days from the date of notifying whether to grant monetary awards, according to the standards for payment of monetary awards referred to in attached Table 1-2. |
| (5) | Except as provided in paragraphs (1) through (4), matters regarding the procedures and methods for filing a report on or complaint against any violation and the methods, procedures, standards, etc. for paying monetary rewards shall be determined by the Minister of Health and Welfare. |
[This Article Newly Inserted on Jun. 4, 2019
[Previous Article 25-2 moved to Article 25-3 <Jun. 4, 2019>]
| Article 25-3 (Imposition and Refund of Charges for Compelling Execution) |
| (1) | The standards for imposing a charge for compelling execution referred to in Article 44-3 (1) and (2) of the Act shall be as specified in attached Table 1-3. <Amended on Jun. 4, 2019; Oct. 29, 2019> |
| (2) | Where a disposition of imposition of a charge for compelling the execution is canceled in accordance with an administrative adjudication under the Administrative Appeals Act or a final and conclusive court decision, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall immediately suspend imposition or collection of the charge for compelling execution either ex officio or upon request of the relevant business proprieter, and shall refund the charge for compelling execution already collected. |
| (3) | When the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu refunds a charge for compelling the execution, pursuant to paragraph (2), he/she shall refund it by adding, thereto, an amount calculated by multiplying the period from payment to refund of the charge for compelling the execution, by the interest rate prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) | Detailed procedures for refunding charges for compelling the execution referred to in paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Sep. 15, 2015]
[Moved from Article 25-2; previous Article 25-3 moved to Article 25-4 <Jun. 4, 2019>]
| Article 25-4 (Criteria for Computing Surcharges) |
The amount of a surcharge referred to in Article 45-2 of the Act shall be calculated by applying the criteria specified in attached Table 1-4, and by based upon standards for the disposition of suspension of operation determined by Ordinance of the Ministry of Health and Welfare, taking into account the type and seriousness of a violation. <Amended on Sep. 15, 2015; Jun. 4, 2019> [This Article Newly Inserted on Dec. 8, 2011]
[Moved from Article 25-3; previous Article 25-4 moved to Article 25-5 <Jun. 4, 2019>]
| Article 25-5 (Procedures for Imposing and Collecting Surcharges) |
| (1) | Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to impose a surcharge pursuant to Article 45-2 of the Act, he/she shall give written notice of the payment of a surcharge, specifically stating the type of violation, the amount of surcharge, etc. |
| (2) | Upon receipt of notice under paragraph (1), the relevant person shall deliver the surcharge to a collecting agency prescribed by the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu, within 20 days after receipt of such notice: Provided, That if it is impracticable to pay the surcharge during the period due to a natural disaster, force majeure, etc., he/she shall pay the surcharge within seven days from the date such ground ceases to exist. |
| (3) | The collecting agency, in receipt of a surcharge pursuant to paragraph (2), shall issue a receipt to the payer and notify, without delay, such fact to the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu. |
| (4) | A penalty surcharge shall not be paid in installments. |
| (5) | Details of the procedures for collecting surcharges shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Dec. 8, 2011]
[Moved from Article 25-4; previous Article 25-5 moved to Article 25-6 <Jun. 4, 2019>]
| Article 25-6 (Scope, Frequency, and Timing of Public Announcement of Information on Child Care Centers) |
| (1) | "Matters prescribed by Presidential Decree" referred to in Article 49-2 (1) 6 of the Act means the following: <Amended on Sep. 15, 2015; Mar. 30, 2021> |
| (2) | The scope, frequency, and timing of public announcements of information to be made by principals of child care centers pursuant to Article 49-2 (1) of the Act (hereinafter referred to as "publicly-announced information") shall be as specified in attached Table 1-5. <Amended on Sep. 15, 2015; Jun. 4, 2019> |
[This Article Newly Inserted on Dec. 4, 2013]
[Moved from Article 25-5; previous Article 25-6 moved to Article 25-7 <Jun. 4, 2019>]
| Article 25-7 (Methods of Public Announcement of Information on Child Care Centers) |
| (1) | The Minister of Health and Welfare shall establish and operate an information disclosure system through the information and communications network (hereinafter referred to as "information disclosure system") to systematically manage and promptly search for the public information. |
| (2) | Principals of child care centers shall publish publicly-announced information through the information disclosure system pursuant to Article 49-2 (1) of the Act. |
| (3) | Where the principle of a child care center submits publicly-announced information to the Minister of Health and Welfare, the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, and the head of the relevant Si/Gun/Gu pursuant to the latter part other than the subparagraphs of Article 49-2 (1) of the Act, he/she shall not submit any publicly-announced information inconsistent with the publicly-announced information published through the information disclosure system pursuant to paragraph (2). <Amended on Sep. 15, 2015> |
| (4) | Except as provided in Article 25-6 and paragraphs (1) through (3) of this Article, matters necessary for publishing the publicly-announced information shall be prescribed by the Minister of Health and Welfare. <Amended on Sep. 15, 2015; Jun. 4, 2019> |
[This Article Newly Inserted on Dec. 4, 2013]
[Moved from Article 25-6; previous Article 25-7 moved to Article 25-8 <Jun. 4, 2019>]
| Article 25-8 (Violations to Be Publicized) |
| (2) | "Matters prescribed by Presidential Decree" under Article 49-3 (2) of the Act means the following: <Amended on Sep. 15, 2015; Jun. 4, 2019> |
| 1. | The name and address of a child care center to which the person subject to publication referred to in Article 25-9 (2) belonged when he/she committed the violation; |
| 2. | Details of the violation; |
| 3. | Details of an administrative disposition. |
[This Article Newly Inserted on Dec. 4, 2013]
[Moved from Article 25-7; previous Article 25-8 moved to Article 25-9 <Jun. 4, 2019>]
| Article 25-8 (Procedures and Methods for Publication) |
| (1) | Deleted. <Sep. 15, 2015> |
| (2) | Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu publicizes violations pursuant to Article 49-3 (1) of the Act, he/she shall give written notice to the representative, principal, or child care teacher of a child care center determined to be publicized (hereinafter referred to as "person subject to publication") of the fact that he/she is subject to publication, and provide him/her with an opportunity to state his/her opinion. <Amended on Sep. 15, 2015> |
| (3) | Where the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu receives opinion from a person subject to publication pursuant to paragraph (2), he/she shall verify whether such person’s violations are subject to publication and determine whether to publicize such violations. <Amended on Sep. 15, 2015> |
| (4) | Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu publicizes violations pursuant to Article 49-3 of the Act, he/she shall do so on the website of the relevant agency during either of the following periods, and may also do so through the information disclosure system or on the website of a child care-related institution, such as child care support center: |
| 1. | Violations causing either closure of a child care center pursuant to Article 45 of the Act or revocation of qualifications for the principal or a child care teacher of a child care center pursuant to Article 48 of the Act: Three years; |
| 2. | Violations causing suspension of operation of a child care center pursuant to Article 45 of the Act (including where a surcharge is imposed in lieu of suspension of operation thereof pursuant to Article 45-2 of the Act), suspension of qualifications for the principal of a child care center pursuant to Article 46 of the Act, or suspension of qualifications for a child care teacher pursuant to Article 47 of the Act: The relevant period for suspension of operation (referring to the period for suspension of operation which has been substituted by the imposition of a surcharge, if the surcharge is imposed in lieu of suspension of operation pursuant to Article 45-2 of the Act), or a period corresponding to twice the period for suspension of qualifications (or six months, if such period is less than six months). |
| (5) | Where deemed necessary to make an additional publication because a violation subject to publication is serious or repeated, etc., the Minster of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may additionally publicize such violation through a newspaper under the Act on the Promotion of Newspapers, Etc., or through broadcasting under the Broadcasting Act, in addition to the publication pursuant to paragraph (4) during the relevant period referred to in paragraph (4). |
| (6) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu has publicized a violation pursuant to paragraph (4) or (5), the former shall notify, without delay, such fact to the Minister of Health and Welfare and the latter, to the Minister of Health and Welfare through the relevant Mayor/Do Governor. |
| (7) | Except as provided in paragraphs (2) through (6), matters necessary for the procedures, etc. for publication shall be determined by the Minister of Health and Welfare. <Amended on Jun. 4, 2019> |
[This Article Newly Inserted on Dec. 4, 2013]
[Moved from Article 25-8 <Jun. 4, 2019>]
| Article 26 (Delegation of Authority) |
| (1) | The Minister of Health and Welfare shall delegate his/her authority specified as follows, to a Mayor/Do Governor pursuant to Article 51 of the Act: <Amended on Mar. 15, 2010; Feb. 3, 2012; Jun. 29, 2012; Feb. 11, 2014> |
| (2) | The Minister of Health and Welfare shall delegate the following authority to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu pursuant to Article 51 of the Act: <Amended on Mar. 15, 2010; Dec. 8, 2011; Feb. 3, 2012; Jun. 4, 2019> |
| 1. | Authority to suspend qualifications of principals of child care centers referred to in Article 46 of the Act; |
| 3. | Authority to revoke qualifications of principals or child care teachers of child care centers referred to in Article 48 of the Act. |
| (3) | Deleted. <Feb. 3, 2012> |
| (4) | Deleted. <Feb. 3, 2012> |
[This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Feb. 3, 2016]
| Article 26-2 (Outsourcing of Affairs) |
| 5. | Other non-profit corporation or organization related to child care. |
| 1. | Providing and managing coupons for nursing services; |
| 2. | Processing and settling expenses relating to amounts spent on coupons for nursing services; |
| 3. | Establishing and operating a computer system designed to conduct affairs on coupons for nursing services; |
| 4. | Other affairs incidental to coupons for nursing services, and prescribed by the Minister of Health and Welfare. |
| (3) | Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu entrusts affairs pursuant to paragraph (1) or (2), he/she shall first publicly announce the standards, procedures, method, etc., for outsourcing on the bulletin board or website of an institution entrusted with such affairs. |
| (4) | Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu has entrusted affairs pursuant to paragraph (1) or (2), he/she shall notify an institution, organization, etc., outsourced with such affairs (hereinafter referred to as "outsourcing institution" in this Article) and details of the entrusted affairs, or shall publicly announce such fact on the bulletin board or website of an entrusting agency. |
| 1. | Where an entrusted institution becomes bankrupt or is dissolved; |
| 2. | Where an entrusted institution no longer satisfies the standards for entrustment referred to in paragraph (3); |
| 4. | Where an entrusted institution entrusted with affairs specified in Article 51-2 (1) 3 of the Act conducts refresher education for, and issues a certificate to, a person unqualified to conduct such education, or issues a certificate to a person failing to meet the standards for recognizing completion of such education. |
| (6) | Matters necessary for application procedures and documents for entrustment of affairs, selection of entrusted institutions, etc., shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Feb. 3, 2012]
[Previous Article 26-2 moved to Article 26-3 <Jan. 3, 2012>]
| Article 26-3 (Management of Sensitive and Personally Identifiable Information) |
| (1) | If inevitable to conduct the following affairs, the Minister of Health and Welfare (including persons to whom authority of the Minister of Health and Welfare has been delegated under Article 26 or entrusted under Article 26-2) or the head of a local government (including persons to whom relevant authority has been delegated or entrusted, if any) may manage information on health referred to in Article 23 of the Personal Information Protection Act, information that constitutes a criminal history record referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, or foreigner registration numbers referred to in subparagraph 1, 2, or 4 of Article 19 of the same Decree: <Amended on Jun. 4, 2019> |
| 1. | Affairs concerning establishment, operation, entrustment, or cancellation of entrustment of child care support centers referred to in Article 7 of the Act; |
| 2. | Affairs concerning research, and provision of information, on child care referred to in Article 8 of the Act; |
| 5. | Affairs concerning management of appointment, dismissal, career, etc., of child care teachers and staff referred to in Article 19 of the Act; |
| 6. | Affairs concerning qualification examinations for principals or child care teachers of child care centers referred to in Article 21 of the Act, and issuance of qualification certificates referred to in Article 22 of the Act; |
| 7. | Affairs concerning designation, cancellation of the designation, of educational and training facilities, operation of curricula, etc., referred to in Article 21 (2) 2 of the Act; |
| 10. | Affairs concerning entrusted operation, etc., of national or public child care centers referred to in Article 24 of the Act; |
| 12. | Affairs concerning provision of, and support for, part-time child care services referred to in Article 26-2 of the Act; |
| 13. | Affairs concerning management of infants and young children eligible to use child care centers referred to in Article 27 of the Act; |
| 15. | Affairs concerning development, proliferation, etc., of standard child care courses referred to in Article 29 of the Act; |
| 20. | Affairs concerning subsidization for expenses of child care services referred to in Article 36 of the Act; |
| 23. | Affairs concerning closure, suspension, resumption, etc., of the operation of child care centers referred to in Article 43 of the Act; |
| 25. | Affairs concerning suspension of operation, and closure, of child care centers referred to in Article 45 of the Act; |
| 27. | Affairs concerning suspension or revocation of qualifications for principals or child care teachers of child care centers referred to in Articles 46 through 48 of the Act; |
| 28. | Affairs concerning public announcement of information on child care centers referred to in Article 49-2 of the Act; |
| 3. | Affairs concerning management of infants and young children eligible to use child care centers referred to in Article 27 of the Act; |
[This Article Wholly Amended on Dec. 30, 2014]
| Article 26-4 (Re-examination of Regulation) |
The Minister of Health and Welfare shall assess the appropriateness of the following matters every three years from either of the following base dates (referring to by the day before every third anniversary from the base date), and shall take improvement measures, etc.: <Amended on Sep. 15, 2015; Jun. 4, 2019>
| 1. | Criteria for computing surcharges referred to in Article 25-4 and attached Table 1-4: January 1, 2015; |
| 2. | Criteria for imposing administrative fines referred to in Article 27 and attached Table 2: January 1, 2014. |
[This Article Wholly Amended on Dec. 30, 2014]
| Article 27 (Criteria for Imposing Administrative Fines) |
[This Article Wholly Amended on Apr. 22, 2011]
ADDENDA <Presidential Decree No. 18691, Jan. 29, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 30, 2005: Provided, That the amended provisions of Article 20 (1) shall enter into force on January 30, 2006. Article 2 (Transitional Measures concerning Entrustment with Operation Affairs of Nursery Information Centers)
Operational affairs of nursery information centers entrusted under the former provisions as at the time this Decree enters into force, shall be deemed entrusted under this Decree. In such cases, the Minister of Women, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall publicly announce the details of entrusted institutions and affairs pursuant to Article 16 (1) of this Decree. Article 3 (Transitional Measures concerning Standards for Qualifications for Heads of Nurseries)
| (1) | A person who majors in a department related to early childhood education or child welfare prescribed by Ordinance of the Ministry of Women pursuant to Article 9 (2) 1 of the amended Child Care Act (Act No. 7186) (hereinafter referred to as the "former Act") at a graduate school referred to in Article 29 of the Higher Education Act as at the time this Decree enters into force shall be deemed qualified as the head of a nursery under this Decree, if he/she establishes a nursery after registering at least a master's degree with the Ministry of Education and Human Resources. |
| (2) | A person who majors in a department related to early childhood education or child welfare prescribed by Ordinance of the Ministry of Women pursuant to Article 9 (2) 1 of the former Act at a junior college referred to in Article 47 of the Higher Education Act or at a school at least equivalent to as at the time this Decree enters into force shall be deemed qualified as the head of a nursery under this Decree, if he/she establishes a nursery for fewer than 40 infants and young children after graduating from such college or school. |
| (3) | A person taking specified educational courses at educational and training facilities prescribed by Ordinance of the Ministry of Women pursuant to Article 9 (2) 2 of the former Act as at the time this Decree enters into force shall be deemed qualified as the head of a nursery under this Decree, if he/she establishes a nursery for fewer than 40 infants and young children after completing such educational courses. |
Article 4 (Transitional Measures concerning Qualifications for Child Care Teachers)
| (1) | Qualifications for Grade I and II child care teachers granted under the former provisions as at the time this Decree enters into force shall be deemed granted as such under this Decree. |
| (2) | Qualifications for a Grade I child care teacher under this Decree shall be recognized for a person who majors in a department referred to in Article 9 (2) 1 of the former Act as at the time this Decree enters into force and graduates from such department; and those for a Grade II child care teacher under this Decree shall be recognized for a person who takes educational courses referred to in Article 9 (2) 2 of the former Act as at the time this Decree enters into force and completes such courses. |
Article 5 (Relationship with Other Statutes)
A citation of any former provisions in any other Act or subordinate statute as at the time this Decree enters into force shall be deemed a citation of the corresponding provisions of this Decree in lieu of the former provisions, if such corresponding provision exists herein.
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 19446, Apr. 13, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26 shall enter into force on December 30, 2006. |
| (2) | (Transitional Measures concerning Establishment of Nursery Operating Committees) A nursery falling under the amended provisions of Article 21-2 as at the time this Decree enters into force shall establish a nursery operating committee within three months from the date this Decree enters into force. |
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21396, Mar. 31, 2009>
This Decree shall enter into force on April 1, 2009.
ADDENDA <Presidential Decree No. 21585, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009.
Article 2 (Support for Establishment of Mutual Aid Association)
The Minister of Health and Welfare may establish and operate a committee to support establishment of a mutual aid association for safety of nurseries in order to handle affairs necessary for supporting establishment of a mutual aid association, such as preparation of the articles of association and mutual aid by-laws, composition of promoters, etc.
Article 3 (Transitional Measures concerning Free Child Care)
The former provisions shall apply to persons eligible for free child care as at the time this Decree enters into force, notwithstanding the amended provisions of Article 22 (1).
ADDENDA <Presidential Decree No. 21765, Oct. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21956, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Transitional Measures)
Where a person in receipt of subsidies for home-care allowances as at the time this Decree enters into force, is made ineligible for subsidization for home-care allowances due to the application of the amended provisions of Article 21-6 (2) 1, he/she shall be deemed eligible for subsidization for home-care allowances for six months from the date this Decree enters into force by applying the former provisions.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22263, Jul. 9, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 22629, Jan. 20, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22906, Apr. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23192, Sep. 30, 2011>
This Decree shall enter into force on March 1, 2012.
ADDENDA <Presidential Decree No. 23264, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011: Provided, That Article 2 (35) of the Addenda shall enter into force on February 5, 2012, and the amended provisions of attached Table 1 shall enter into force on March 1, 2014. Article 2 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23618, Feb. 3, 2012>
This Decree shall enter into force on February 5, 2012.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ㆍㆍㆍ (Omitted.)ㆍㆍㆍthe amended provisions of Articles 2 and 3 of the Addenda shall enter into force on July 22, 2012. Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 23909, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012.
Article 2 (Special Cases concerning Fact-Finding Survey on Performance of Duty to Establish Workplace Child Care Centers, etc.)
Notwithstanding the amended provisions of Article 20-3 (1) and (2), a fact-finding survey to assess performance of duties for 2012 shall be conducted based on September 30, 2012, and the head of a research institution shall notify the results thereof to the Minister of the Health and Welfare by not later than November 30, 2012. Article 3 (Transitional Measures concerning Organization of Local Child Care Policy Committees)
A local child care policy committee organized under the former provisions as at the time this Decree enters into force shall be deemed organized under the amended provisions of Article 6 (3): Provided, That where a member is newly commissioned or appointed, the amended provisions of Article 6 (3) shall apply.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 3 Omitted.
ADDENDA <Presidential Decree No. 24397, Feb. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2013.
Article 2 (Special Cases concerning Expenses for Free Child Care)
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24904, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013.
Article 2 (Special Cases concerning Public Announcement of Information)
Notwithstanding the amended provisions of attached Table 1-3, the first public announcement after this Decree enters into force may be made by December 31, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25164, Feb. 11, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDUM <Presidential Decree No. 25929, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26525, Sep. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 19, 2015: Provided, That the amended provisions of Article 25-2 and attached Table 1-2 shall enter into force on January 1, 2016. Article 2 (Transitional Measures concerning Criteria for Computing Surcharges)
The former provisions shall apply to surcharges imposed for violations committed before this Decree enters into force, notwithstanding the amended provisions of attached Table 1-3.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27732, Dec. 30, 2016>
This Decree shall enter into force on January 1, 2017.
ADDENDA <Presidential Decree No. 28132, Jun. 20, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Qualification for Heads of Child Care Support Centers)
The previous provisions shall apply to the head of a child care support center as at the time this Decree enters into force until such head leaves the position, notwithstanding the amended provisions of Article 14 (1).
ADDENDA <Presidential Decree No. 28628, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
Articles 2 through 19 Omitted.
ADDENDA <Presidential Decree No. 29805, Jun. 4, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 12, 2019: Provided, That the amended provisions of Articles 13, 21-3, 21-8 through 21-10, 23-2, and 26-3 (1) 12 shall enter into force on the date of its promulgation, and the amended provisions of Article 19-2 shall enter into force on June 25, 2019. Article 2 (Applicability to Cancellation of Designation of Part-Time Child Care Services Providers)
The amended provisions of subparagraphs 3 through 6 of Article 21-3 shall begin to apply to cases where a ground for cancellation of designation arises after this Decree enters into force.
ADDENDA <Presidential Decree No. 30171, Oct. 29, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2019.
Article 2 (Applicability to Standards for Imposing Charges for Compelling Execution)
| (1) | The number of dispositions of imposing charges for compelling execution under the amended provisions of subparagraph 1 (a) of attached Table 1-3 shall be calculated from the imposition of charges for compelling compliance received after this Decree enters into force. |
| (2) | The amended provisions of subparagraph 1 (b) of attached Table 1-3 shall begin to apply to cases of responding to a fact-finding survey on performance of duties by fraud or other improper means after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31513, Mar. 2, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31576, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021. (Proviso Omitted.)
Articles 2 and 3 Omitted.