YOUTH WELFARE SUPPORT ACT
Wholly Amended by Act No. 11290, Feb. 1, 2012
Amended by Act No. 12329, Jan. 21, 2014
Act No. 12700, May 28, 2014
Act No. 13181, Feb. 3, 2015
Act No. 14237, May 29, 2016
Act No. 14447, Dec. 20, 2016
Act No. 15210, Dec. 12, 2017
Act No. 15988, Dec. 18, 2018
Act No. 17973, Mar. 23, 2021
CHAPTER I GENERAL PROVISIONS
The terms used in this Act are defined as follows: <Amended on Mar. 23, 2021>
| 3. | The term "guardian" means a person having parental authority, a legal representative, or a person who actually nurtures a youth; |
| 4. | The term "youth in crisis" means a youth who is not provided with conditions necessary for balanced and healthy growth and lead a normal life due to the grounds, such as family, academic performance, or social adaptation problems; |
| 5. | The term "out-of-home youth" means a youth who is separated from his or her guardian due to domestic conflicts, abuse, violence, or negligence, family dissolution, runaway from home, or any other reasons, and thereby in need of social protection and support; |
| 6. | The term "youth parents" means parents where both parents are youth parenting a child. |
| Article 2-2 (Fact-Finding Surveys) |
| (1) | For the formulation of policies for improving youth welfare, the Minister of Gender Equality and Family shall conduct a fact-finding survey on the consciousness, attitude, life, etc. of the youth and publish the results thereof every three years. |
| (2) | The Minister of Gender Equality and Family may, if necessary for conducting fact-finding surveys prescribed in paragraph (1), request the heads of the relevant central administrative agencies, the heads of local governments or the heads of public institutions prescribed by the Act on the Management of Public Institutions, and the heads of other relevant corporations and organizations to present necessary materials or make a statement of opinions. In such cases, any person who receives a request shall render cooperation therefor, except in extenuating circumstances. |
| (3) | Matters necessary for the objects, methods, procedures, publication of results, etc. of fact-finding surveys prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[Newly Inserted on Dec. 18, 2018]
CHAPTER II PREFERENTIAL TREATMENT OF YOUTH
| Article 3 (Preferential Treatment of Youth) |
| (1) | The State or a local government may grant youth exemption from or a discount on charges for the use of transportation, cultural and leisure facilities that it operates. |
| (2) | Where any of the following persons operates a facility used by youth, the State or a local government may advise him or her to offer youth a discount on charges for the use of the relevant facility: |
| 1. | A person subsidized by the State or the local government; |
| 2. | A person who receives tax benefits pursuant to relevant statutes or regulations; |
| 3. | A person who perform the duties entrusted by the State or the local government. |
| (3) | Any youth who seeks for exemption from or discount on charges pursuant to paragraph (1) or (2) shall produce a certificate or document to verify his or her age, such as the resident registration certificate, student card, or youth card prescribed in Article 4 to a manager of the facility he or she intends to use. |
| (4) | Kinds of facilities and the age base of youth, etc., for which a discount of or exemption from use charges may apply pursuant to paragraph (1) or (2), shall be prescribed by Presidential Decree. |
| (1) | A Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may issue a youth card to a youth who is not younger than nine, but not older than 18 years of age. <Amended on Dec. 18, 2018> |
| (2) | No youth card prescribed in paragraph (1) shall be transferred or lent to a third party. |
| (3) | No one shall manufacture or use, except for a youth card prescribed in paragraph (1), any certificate with the same name or indication as a youth card prescribed in paragraph (1). |
| (4) | Matters necessary for issuing youth cards prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Gender Equality and Family. |
CHAPTER III GUARANTEE OF YOUTH HEALTH
| Article 5 (Support for Healthy Growth) |
| (1) | The State and local governments shall formulate policies on disease prevention and health education, etc. necessary to improve the health and physical fitness of youth, in consideration of gender characteristics, and guardians shall endeavor to improve the health and physical fitness of youth they nurture. <Amended on Dec. 20, 2016> |
| (2) | The State and local governments may establish and disseminate the health and physical fitness standards for youth, which reflect gender characteristics, through consultations with relevant agencies. <Amended on Dec. 20, 2016> |
| (3) | The State and local governments may provide support for female youth with goods necessary for health and hygiene to ensure their healthy growth. <Newly Inserted on Dec. 12, 2017> |
| (4) | Matters necessary for the formulation of policies under paragraph (1), the establishment and dissemination of the health and physical fitness standards for youth under paragraph (2), and the standards for and scope of goods support under paragraph (3) shall be prescribed by Presidential Decree. <Amended on Dec. 12, 2017> |
[Title Amended on Dec. 12, 2017]
| Article 6 (Physical Fitness Tests and Health Examinations) |
| (1) | The State and local governments may conduct physical fitness tests and health examinations for youth. |
| (2) | The State and local governments shall notify the relevant youth of the results of physical fitness tests and health examinations under paragraph (1). |
| (3) | The State and local governments may entrust a specialized institution or organization with conducting physical fitness tests and health examinations and notification of the results thereof under paragraphs (1) and (2). |
| (4) | Matters necessary for conducting physical fitness tests and health examinations and notifying the results thereof pursuant to paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Gender Equality and Family. |
| Article 7 (Analysis of Results of Health Examinations) |
| (1) | The State and local governments shall analyze the results of health examinations conducted under Article 6 and formulate and implement policies necessary for improving youth health. |
| (2) | The State and local governments may entrust analysis under paragraph (1) to a specialized institution. |
| Article 8 (Prohibition from Disclosure of Results of Health Examinations) |
Any person who has worked or works at a State agency, local government, specialized institution or organization that has conducted health examinations pursuant to Article 6 shall not disclose the results of health examinations unless inevitable to formulate or implement policies referred to in Article 7 (1).
CHAPTER IV COMMUNITY-BASED INTEGRATED YOUTH SUPPORT SYSTEM
| Article 9 (Establishment and Operation of Community-Based Integrated Youth Support System) |
| (1) | The head of each local government shall establish and operate a community-based integrated youth support system (hereinafter referred to as "integrated support system") in order for the local government, public institutions, and youth organizations, etc. referred to in subparagraph 8 of Article 3 of the Framework Act on Youth to early detect and protect youth in crisis within his or her jurisdiction, and to efficiently carry out youth welfare and protection set forth in subparagraph 5 of Article 3 of the Framework Act on Youth through cooperation among them. |
| (2) | The State shall support the establishment and operation of an integrated support system. |
| (3) | Matters necessary for the composition, etc. of an integrated support system, including institutions, on organizations that shall be included therein, shall be prescribed by Presidential Decree. |
| Article 9-2 (Organization Dedicated to Integrated Support System) |
| (1) | A Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, and Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) may establish an organization dedicated to an integrated support system in order to efficiently perform affairs related to the integrated support system. |
| (2) | Dedicated public officials and non-governmental experts may be assigned to the organization dedicated to the integrated support system referred to in paragraph (1), as prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (3) | A relevant administrative agency, a youth organization defined in subparagraph 8 of Article 3 of the Framework Act on Youth (hereinafter referred to as "youth organization"), and a person who establishes and operates a youth establishment defined in subparagraph 6 of Article 3 of the Framework Act on Youth shall cooperate with dedicated public officials and non-governmental experts in performing their duties. |
| (4) | The scope of affairs, organization, and operation of the organization dedicated to an integrated support system referred to in paragraph (1) and matters necessary for the appointment, etc. of dedicated public officials referred to in paragraph (2) shall be prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted on Mar. 23, 2021]
| Article 10 (Youth Welfare Deliberative Committee) |
| (1) | Where deemed necessary to facilitate the operation of an integrated support system, the head of a local government may establish a youth welfare deliberative committee (hereinafter referred to as "deliberative committee") that deliberates on matters prescribed by Presidential Decree, including policies related to the welfare and protection of youth in crisis. <Amended on Mar. 23, 2021> |
| (2) | A deliberative committee shall be comprised of the heads or employees of institutions or organizations that constitute an integrated support system, and other persons who have extensive knowledge of and experience in youth welfare. <Amended on Mar. 23, 2021> |
| (3) | The deliberative committee may have a working committee if deemed necessary for efficient deliberations. <Newly Inserted on Mar. 23, 2021> |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the operation of the deliberative committee and the working committee, including the composition of the deliberative committee and the working committee, commissioning members thereof, and meeting procedures shall be prescribed by rule of the relevant local government. <Amended on Mar. 23, 2021> |
[Title Amended on Mar. 23, 2021]
| Article 11 (Support for Community Voluntary Activities) |
Where local residents voluntarily form an organization to detect, protect and support youth in crisis, the State and local governments may provide support for the activities of such organization.
| Article 12 (Counseling and Installation of Telephones) |
| (1) | The State and local governments shall ensure all youth receive professional counseling, if necessary. |
| (2) | The State and local governments shall install and operate a hotline or operate an information communications network for counseling prescribed in paragraph (1). |
| (3) | Matters necessary for installing and operating a hotline or operating an information communications network under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 12-2 (Establishment and Operation of Integrated Information System for Supporting Youth in Crisis) |
| (1) | The Minister of Gender Equality and Family may build and operate an integrated information system for supporting youth in crisis (hereinafter referred to as "integrated information system") as prescribed by Presidential Decree, in order to efficiently processing and sharing information and interlinking services provided by different organizations in connection with youth in crisis. |
| (2) | The Minister of Gender Equality and Family may collect, retain, use, provide, and interlink any of the following information, which is necessary for establishing and operating an integrated information system, with the explicit consent of the data subject: |
| 1. | Information regarding the operation of a community-based integrated youth support system under Article 9; |
| 2. | Information regarding professional counseling under Article 12; |
| 3. | Information regarding counseling and education for families and guardians of youth in crisis under Article 13; |
| 4. | Information regarding special support for youth in crisis under Article 14; |
| 5. | Information regarding support for out-of-home youth under Article 16; |
| 6. | Information regarding support for youth with immigrant background under Article 18; |
| 7. | Information regarding preventive and rehabilitative support for protection under Article 19; |
| 8. | Information regarding youth counseling and welfare center under Article 29; |
| 9. | Information regarding youth welfare facilities under Article 31; |
| 16. | Other information necessary for performing duties related to support for youth in crisis, as prescribed by Presidential Decree. |
| (3) | The Minister of Gender Equality and Family may request relevant central administrative agencies, local governments, and related institutions or organizations (hereinafter referred to as "related central administrative agencies, etc.") to provide data or information necessary for the establishment and operation of the integrated information system and may collect, retain, and use it for the purpose of receiving such data or information. In such cases, the relevant central administrative agencies, etc. requested to provide data or information shall comply with such request unless there is good cause. |
| (4) | In order to effectively protect and support children, the Minister of Gender Equality and Family 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 relevant central administrative agencies, etc. shall consult with the Minister of Gender Equality and Family in advance, if it is necessary to utilize the data or information retained in the integrated information system. In such cases, the Minister of Gender Equality and Family may provide information to the extent necessary for the relevant affairs by the relevant central administrative agencies, etc., and the relevant central administrative agencies, etc., provided with the information, may retain and use it only for the purposes for which it is provided. |
| (6) | The Minister of Gender Equality and Family shall prepare policies necessary for protecting personal information throughout the entire course of the establishment and operation of the integrated information system. |
| (8) | The Minister of Gender Equality and Family may entrust the Korea Youth Counseling and Welfare Institute referred to in Article 22 with the operation of the integrated information system. |
| (9) | No person who acquires, manages and uses data or information in the integrated information system in accordance with paragraphs (2) through (5) shall use the data or information that he or she has learned in the course of performing his or her duties for other than the intended purposes, or provide or divulge such data or information to a third party. |
| (10) | Other matters necessary for building and operating the integrated support system shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 23, 2021]
CHAPTER V SUPPORT FOR YOUTH IN CRISIS
| Article 13 (Counseling and Education) |
| (1) | The State and local governments may provide counseling and education for families and guardians of youth in crisis to provide efficient and appropriate support for youth. |
| (2) | If families and guardians of youth in crisis are advised by the State and local governments to receive counseling and education, they shall sincerely cooperate therewith and undergo such counseling and education. |
| (3) | Where families and guardians whose income is less than a specified amount determined by Ordinance of the Ministry of Gender Equality and Family receive counseling and education referred to in paragraph (1), the State and local governments may pay them actual expenses, including travel expenses, within the budget. |
| Article 14 (Special Support for Youth in Crisis) |
| (1) | The State and local governments may provide youth in crisis with necessary social and economic support (hereinafter referred to as "special support"), as prescribed by Presidential Decree. |
| (2) | Special support shall be provided in the form of goods or services, including livelihood support, support for studies, medical support, vocational training support, youth activity support as prescribed by Presidential Decree: Provided, That if deemed essential for youth in crisis, such support may be provided in money. |
| (3) | Criteria for selection of youth entitled to special support, scope and period thereof, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 15 (Requests for Special Support and Selection thereof) |
| (1) | Any of the following persons may request the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu to select a youth in crisis as a youth entitled to special support. In such cases, a guardian referred to in subparagraph 1 and a person who falls under subparagraphs 2 through 5 shall obtain consent from the relevant youth: <Amended on Dec. 18, 2018> |
| 1. | The youth or his or her guardian; |
| 5. | Public officials of a local government, who are responsible for youth affairs. |
| (2) | Where a Special Self-Governing Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu receives a request pursuant to paragraph (1), he or she shall determine whether to make the relevant selection, and details and period of support by undergoing deliberation by the deliberative committee. <Amended on Dec. 18, 2018; Mar. 23, 2021> |
| (3) | A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, if it is necessary to provide urgent support or there is no deliberative committee formed, determine the matters prescribed in paragraph (2) without undergoing deliberation by the deliberative committee. <Amended on Dec. 18, 2018; Mar. 23, 2021> |
| Article 16 (Support for Out-of-Home Youth) |
| (1) | The Minister of Gender Equality and Family or the head of a local government shall formulate and implement various policies regarding education, publicity, research, surveys, and the like to prevent the occurrence of out-of-home youth. <Amended on Mar. 23, 2021> |
| (2) | The State and local governments shall take necessary measures, such as counseling, protection, assistance with self-support, and follow-up management, to help out-of-home youth return to home and society. <Newly Inserted on Mar. 23, 2021> |
| (3) | Guardians shall endeavor to prevent the occurrence of out-of-home youth and actively cooperate with the State, a local government, etc. in their efforts to help out-of-home youth return home and to society. <Amended on Mar. 23, 2021> |
| (4) | The Minister of Gender Equality and Family or the head of a local government may entrust a youth organization with the duties of preventing the occurrence of out-of-home youth and protecting and supporting out-of-home youth prescribed in paragraphs (1) and (2). <Amended on Mar. 23, 2021> |
[Title Amended on Mar. 23, 2021]
| Article 17 Deleted. <May 28, 2014> |
| Article 18 (Support for Youth with Immigrant Background) |
The State and local governments shall establish and implement necessary policies, including counseling and education, to help any of the following youth adapt to society and improve their academic capability:
| 2. | Other immigrant youth who experience difficulties in social adaptation and academic performance. |
CHAPTER V-2 SUPPORT FOR YOUTH PARENTS
| Article 18-2 (Family Support Services for Youth Parents) |
| (1) | The State and local governments may provide the following family support services to youth parents: |
| 1. | Childrearing and education services; |
| 3. | Services for promoting family ties, such as education or counseling service; |
| 4. | Other family supporting services for youth parents prescribed by Presidential Decree. |
| (2) | Criteria for selection of youth parents entitled to family support services, and scope and period thereof under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 23, 2021]
| Article 18-3 (Welfare Support for Youth Parents) |
| (1) | The State and local governments may provide youth parents and their children with welfare support. |
| (2) | Welfare support under paragraph (1) shall be provided in the form of goods or services, including livelihood support, medical support, housing support, youth activity support, etc. as prescribed by Presidential Decree. |
| (3) | Criteria for selection of youth entitled to welfare support prescribed in paragraph (1), scope and period thereof, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on March 23, 2021]
| Article 18-4 (Educational Support to Youth Parents) |
| (1) | The State and local governments may provide any of the following support at the choice of youth parents to enable them to continue their study: |
| 4. | Other matters prescribed by Ordinance of the Ministry of Gender Equality and Family for providing educational support to youth parents. |
| (3) | In order for youth parents to go to school and rear children at the same time, the State and local governments may support to enable the children to use the workplace child care centers established in the schools prescribed in Article 2 of the Higher Education Act to which the youth parents belong. |
| (3) | The Minister of Gender Equality and Family shall request cooperation from the Minister of Education so that young parents can continue their study. |
| (4) | Criteria for selection of youth parents entitled to educational support prescribed in paragraphs (1) and (2), scope and period thereof, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 23, 2021]
| Article 18-5 (Providing Youth Parents with Vocational Experience and Support for Employment) |
| (1) | The State and local governments may provide the following support for youth parents to enable them to gain vocational experience and to receive training so that they can build a stable childrearing environment: |
| 1. | Vocational aptitude tests and vocational guidance counseling programs; |
| 2. | Vocational experience and training programs; |
| 3. | Introduction and management of careers; |
| 4. | Other matters necessary for youth parents to gain vocational experience and to receive training. |
| (2) | The State and local governments may conduct vocational education and training for youth parents in order to enable them to acquire and improve knowledge, skills, and attitudes necessary for finding employment and performing their duties. |
[This Article Newly Inserted on Mar. 23, 2021]
CHAPTER VI PREVENTIVE AND REHABILITATIVE SUPPORT FOR PROTECTION
| Article 19 (Provision of Preventive and Rehabilitative Support for Protection) |
| (1) | In an effort to prevent youths from committing any misdeed and going astray, and help their return and adaptation to home, schools and social life, Special Self-Governing City Mayors, Special Self-Governing Province Governors and the heads of Sis/Guns/Gus may provide preventive and rehabilitative support for protection (hereinafter referred to as "protective support") to any of the following youths, when requested by the youth in question, the guardian of the relevant youth, or the principal of the school the youth attends. In such cases, where the guardian or the principal of the school of the relevant youth requests protective support, consent of the youth shall be obtained. <Amended on Dec. 18, 2018> |
| 1. | A youth who commits any misdeed or goes astray; |
| 2. | A youth who fails to adapt to daily lives and thus is in need of educational help from the outside of home or school. |
| (2) | Protective support shall be provided by methods prescribed by Presidential Decree to help the relevant youth with return and adaptation to normal home, school and social life, such as counseling, education, voluntary service, training, and athletic and group activities. <Amended on Dec. 18, 2018> |
| (3) | The period of protective support shall not exceed six months: Provided, That where a Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu deems that it is necessary to extend the period of protective support as a result of reviewing the results of protective support, he or she may extend the period only once by up to six months by obtaining the consent of the youth in question. <Amended on Dec. 18, 2018> |
| (4) | Matters necessary for the criteria and procedures for selecting youth entitled to protective support shall be determined by Ordinance of the Ministry of Gender Equality and Family. <Amended on Dec. 18, 2018> |
[Title Amended on Dec. 18, 2018]
| Article 20 (Establishment and Operation of Facilities) |
The State and local governments shall endeavor to ensure the efficacy of protective support, including establishment and operation of facilities necessary for protective support, development and dissemination of protective support programs, support for protective support activities, and provision of training for leaders. <Amended on Dec. 18, 2018>
| Article 21 (Guardians for Protective Support) |
| (1) | The State and local governments (referring to youth organizations entrusted with protective support affairs, when protective support affairs are entrusted pursuant to Article 42 (2)) may designate guardians for protective support who provide guidance exclusively to an individual youth entitled to protective support. <Amended on Dec. 18, 2018> |
| (3) | Details, such as the duties of and criteria for designating guardians for protective support prescribed in paragraph (1), shall be determined by Ordinance of the Ministry of Gender Equality and Family. <Amended on Dec. 18, 2018> |
[Title Amended on Dec. 18, 2018]
CHAPTER VII YOUTH WELFARE SUPPORT INSTITUTIONS
| Article 22 (Korea Youth Counseling and Welfare Institute) |
| (1) | The State shall establish the Korea Youth Counseling and Welfare Institute (hereinafter referred to as the "Youth Counseling Institute"), so as to support the formulation of youth welfare-related policies and to efficiently and systematically conduct programs. <Amended on Mar. 23, 2021> |
| 1. | Deleted; <Mar. 23, 2021> |
| 2. | Deleted; <Mar. 23, 2021> |
| 3. | Deleted; <Mar. 23, 2021> |
| 4. | Deleted; <Mar. 23, 2021> |
| 5. | Deleted; <Mar. 23, 2021> |
| 6. | Deleted; <Mar. 23, 2021> |
| 7. | Deleted; <Mar. 23, 2021> |
| 8. | Deleted; <Mar. 23, 2021> |
| 9. | . Deleted. <Mar. 23, 2021> |
| (2) | The Youth Counseling Institute shall perform the following programs: <Newly Inserted on Mar. 23, 2021> |
| 1. | Research on policies relating to youth counseling and welfare; |
| 2. | Development and operation of and support for youth counseling and welfare projects; |
| 3. | Development of counseling techniques for youth, and production and dissemination of counseling materials; |
| 4. | Fostering and training of youth counseling and welfare personnel; |
| 5. | Liaison with and support for institutions related to youth counseling and welfare; |
| 7. | Provision of counseling and education for family members of youth; |
| 8. | Establishment and operation of a youth counseling and welfare information system; |
| 9. | Maintenance, management and operation of youth treatment and rehabilitation centers established by the State and centers for the protection and rehabilitations of youth defined in Article 35 (1) of the Youth Protection Act; |
| 10. | Other incidental projects necessary for achieving the objectives of the Youth Counseling Institute. |
| (3) | The Youth Counseling Institute shall be a corporation. <Amended on Mar. 23, 2021> |
| (4) | The Youth Counseling Institute may have branches, as prescribed by its articles of incorporation. <Amended on Mar. 23, 2021> |
| (5) | The Youth Counseling Institute shall be established at the time it registers such establishment at the location of its main office. <Amended on Mar. 23, 2021> |
| Article 23 (Articles of Incorporation) |
| (1) | The articles of incorporation of the Youth Counseling Institute shall include the following: |
| 3. | Location of principal office; |
| 4. | Matters concerning business; |
| 5. | Matters concerning executive officers and employees; |
| 6. | Matters concerning the board of directors; |
| 7. | Matters concerning property and accounting; |
| 8. | Matters concerning affairs and their execution; |
| 9. | Matters concerning modifications of the articles of incorporation. |
| (2) | Where the Youth Counseling Institute intends to modify its articles of incorporation, it shall obtain authorization from the Minister of Gender Equality and Family. |
| Article 24 (Submission of Business Plans) |
| (1) | The Youth Counseling Institute shall prepare its business plans and a budgetary document, as prescribed by Presidential Decree, and submit them to the Minister of Gender Equality and Family for approval by no later than the commencement of the relevant business year. |
| (2) | The Youth Counseling Institute shall prepare a settlement of accounts for the relevant fiscal year, without delay, at the end of the fiscal year, have it audited by a certified public accountant or accounting firm selected as prescribed by the Rules of the Board of Audit and Inspection, submit it to the Minister of Gender Equality and Family by no later than the last day of February of the following fiscal year, and finalize it after obtaining approval by no later than the last day of March. <Amended on Feb. 3, 2015> |
| Article 25 (Subsidies and Contributions) |
| (1) | The Government may fully or partially contribute or subsidize costs incurred in the business and operation of the Youth Counseling Institute within the budget. <Amended on Mar. 24, 2014> |
| (2) | Any individual, corporation or organization may contribute or donate money or other property to support the operation, business, etc. of the Youth Counseling Institute. |
[Title Amended on Mar. 24, 2014]
| Article 26 (Executive Officers) |
| (1) | The Youth Counseling Institute shall have up to 15 directors, including one chief director, and one auditor. <Amended on Dec. 20, 2016> |
| (2) | The positions of director (excluding the position of chief director; hereafter the same shall apply in this Article) and auditor shall be non-standing. <Amended on Dec. 20, 2016> |
| (3) | Directors shall be appointed and dismissed by the Minister of Gender Equality and Family, and their term of office shall be two years. |
| (4) | The auditor shall be appointed and dismissed by the Minister of Strategy and Finance from among several persons recommended by the Executive Officers Recommendation Committee (hereinafter referred to as "Executive Officers Recommendation Committee") under Article 29 of the Act on the Management of Public Institutions, and his or her term of office shall be two years. |
| Article 27 (Chief Director) |
| (1) | The chief director of the Youth Counseling Institute shall be appointed and dismissed by the Minister of Gender Equality and Family from among persons recommended by the Executive Officers Recommendation Committee, and his or her term of office shall be three years. <Amended on Dec. 20, 2016> |
| (2) | The chief director shall represent the Youth Counseling Institute and exercise overall control over its affairs. <Amended on Dec. 20, 2016> |
[Title Amended on Dec. 20, 2016]
| Article 28 (Application Mutatis Mutandis of the Civil Act) |
| Article 29 (Youth Counseling and Welfare Center) |
| (1) | A Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu may establish and operate a youth counseling and welfare center to perform duties, such as counseling, emergency relief, self-support and medical support for youth. <Amended on Dec. 18, 2018> |
| (2) | A youth counseling and welfare center established in Special Metropolitan Cities, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces pursuant to paragraph (1) shall provide guidance and support for a youth counseling and welfare center established in a Si/Gun/Gu. <Amended on Dec. 18, 2018> |
| (3) | The head of a Si/Gun/Gu may operate the youth counseling and welfare center established in the Si/Gun/Gu pursuant to paragraph (1) on an integrated basis with a district youth work center established in the Si/Gun/Gu pursuant to Article 7 (1) of the Youth Activity Promotion Act. <Amended on Jan. 21, 2014> |
| (4) | A Mayor/Do Governor and the head of a Si/Gun/Gu may entrust the operation of a youth counseling and welfare center to a youth organization. |
| (5) | A Mayor/Do Governor and the head of a Si/Gun/Gu may establish a youth counseling and welfare center as a corporation. |
| (6) | Matters necessary for the specifics of the duties set forth in paragraph (1) and the standards for establishment and operation of, and qualifications for employees of a youth counseling and welfare center shall be prescribed by Presidential Decree. |
| Article 30 (Support Center for Youth with Immigrant Background) |
| (1) | The Minister of Gender Equality and Family may establish and operate a Support Center for Youth with Immigrant Background to support youth with Immigrant Background prescribed in Article 18. |
| (2) | Matters necessary for the establishment and operation of the Support Centers for Youth with Immigrant Background shall be prescribed by Presidential Decree. |
CHAPTER VIII YOUTH WELFARE FACILITIES
| Article 31 (Types of Youth Welfare Facilities) |
The types of youth welfare facilities prescribed in Article 17 of the Framework Act on Youth (hereinafter referred to as "youth welfare facilities") shall be as follows: <Amended on May 29, 2016; Mar. 23, 2021> | 1. | Youth shelter: A facility that protects out-of-home youth for a certain period and provides them with counseling, shelter, academic support and self-support assistance to enable their return to home, school and society; |
| 2. | Youth self-support assistance center: A facility that helps youth unable to return home, to school, and society even after being provided with assistance from a youth shelter, have capabilities and qualifications to support themselves; |
| 3. | Youth treatment and rehabilitation center: A residential facility that provides youth who have academic, emotional behavioral disorders, with comprehensive support, such as treatment, education and rehabilitation services so that they can grow properly and live a normal life; |
| 4. | Youth Recovery Support Center: A facility in which persons who are able to provide protection for youth instead of their guardians offer counseling, residence, education, self-support, and other relevant services to youth who are under a protective detention order under Article 32 (1) 1 of the Juvenile Act. |
| Article 32 (Establishment of Youth Welfare Facilities) |
| (2) | Any person, other than the State or local governments, who intends to establish and operate a youth welfare facility shall file a report with the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu having jurisdiction over the place of the facility. <Amended on Dec. 18, 2018> |
| (3) | A Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall notify a person who files a report on acceptance or non-acceptance of the report within the period prescribed by Ordinance of the Ministry of Gender Equality and Family from the date when the report is filed pursuant to paragraph (2). <Inserted on Dec. 18, 2018> |
| (4) | Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of a Si/Gun/Gu fails to notify a person who files a report on acceptance or non-acceptance of the report or the extension of period of handling civil petitions prescribed by statutes and regulations pertaining to handling civil petitions, within the period prescribed in paragraph (3), he or she shall be deemed accepted the report on the date following the date when such period (where the period of handling civil petitions is extended or re-extended by statutes and regulations pertaining to handling civil petitions, referring to the relevant period of handling) ends. <Inserted on Dec. 18, 2018> |
| (5) | Any person who has established and operates a youth welfare facility shall purchase insurance to pay compensation for any death or bodily injury inflicted on youth who use the youth welfare facility, as prescribed by Presidential Decree. <Amended on Dec. 18, 2018> |
| (6) | Matters necessary for the establishment and operation of a youth welfare facility prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree, and matters necessary for the methods and procedures of reporting under paragraph (2) shall be determined by Ordinance of the Ministry of Gender Equality and Family. <Amended on Dec. 18, 2018> |
| Article 32-2 (Continuous Use of Youth Shelters by Out-of-Home Youth) |
A person who establishes and operates a youth shelter (excluding youth shelters providing out-of-home youth with temporarily protection for a period not exceeding seven days) may not discharge an out-of-home youth against his or her will, where the youth has been admitted to the youth shelter due to domestic violence, sexual violence by his or her relatives, or any other reasons making it difficult to return home as prescribed by Presidential Decree: Provided, That this shall not apply where the out-of-home youth falls under either of the following cases: <Amended on Mar. 23, 2021>
| 1. | Where he or she has been admitted to the youth shelter by fraud or other improper means; |
| 2. | Where he or she commits any act significantly disturbing order in the youth shelter. |
[This Article Newly Inserted on Dec. 20, 2016]
[Title Amended on Mar. 23, 2021]
| Article 33 (Reporting on Suspension or Closure of Business) |
A person, other than the State or a local government, who intends to suspend, close or reopen a youth welfare facility reported under Article 32 (2) shall report it to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over the place of the facility, as prescribed by Ordinance of the Ministry of Gender Equality and Family. In such cases, the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu who receives a report on the suspension of business or a report on the closure of business shall review the details thereof and accept the report if it complies with this Act. <Amended on Dec. 18, 2018>
| Article 34 (Employees of Youth Welfare Facilities) |
| (1) | A youth welfare facility shall have employees necessary for the implementation of its business and operation. |
| (2) | The Minister of Gender Equality and Family or the head of local governments shall provide education and training programs to foster employees of youth welfare facilities and their professional competency. |
| (3) | Matters necessary for qualifications of employees of youth welfare facilities, criteria for assignment, and education and training under paragraphs (1) and (2) shall be determined by Ordinance of the Ministry of Gender Equality and Family. |
| Article 35 (Facility Improvement, Business Suspension, and Closure) |
| (1) | Where a youth welfare facility reported by a person, other than the State or a local government, falls under any of the following subparagraphs, the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu may order improvement of the facility, suspension of business of the facility for less than one month, replacement of the head of the facility, or closure of the facility: <Amended on Dec. 18, 2018> |
| 1. | Where the facility fails to satisfy the criteria for its establishment; |
| 2. | Where permission for incorporation of a social welfare foundation or non-profit corporation, which has established and operated the relevant facility, is revoked; |
| 3. | Where the facility's unlawful conduct, such as illegal accounting and infringement on human rights of users, have been verified; |
| 4. | Where the facility conducts its business during the suspension period; |
| 5. | Where the facility violates this Act or any order issued under this Act. |
| (2) | The standards for disposition for each type of violation prescribed in paragraph (1) shall be determined by Ordinance of the Ministry of Gender Equality and Family. |
A Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall hold a hearing, if he or she intends to issue an order for facility improvement, business suspension, replacement of the head of the facility, or closure of the facility prescribed in Article 35 (1). <Amended on Dec. 18, 2018>
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 37 (Prohibition of Disclosure of Confidential Information) |
No person who engages or has engaged in youth welfare affairs at the Youth Counseling Institute, a youth counseling and welfare center, and the Support Center for Youth with Immigrant Background (hereinafter referred to as "youth welfare support institutions") or youth welfare facilities shall disclose any confidential information he or she has obtained in the course of performing his or her duties.
| Article 38 (Prohibition of Use of Same Names) |
No person, other than youth welfare support institutions or youth welfare facilities, shall use such names as Korea Youth Counseling and Welfare Development Institute, Youth Counseling and Welfare Center, Support Center for Youth with Immigrant Background, or Youth Shelter, Youth Self-Support Assistance Center, or Youth Treatment and Rehabilitation Center.
| (1) | If deemed necessary, the State or a local government may order youth welfare support institutions or youth welfare facilities to report their affairs, accounting, and property or submit data in relation thereto, or may require its public officials to enter the relevant place to inspect ledgers or other documents or to make inquiries of the employees thereof. |
| (2) | A public official who enters a relevant place and conducts an inspection under paragraph (1) shall carry identification indicating his or her authority and show it to relevant persons. |
| Article 40 (Budgetary Subsidies) |
The State and a local government may wholly or partially subsidize budgets necessary for the operation of youth welfare support institutions, youth welfare facilities, and related organizations within the budget.
| Article 41 (Evaluation of Institutions and Facilities) |
| (1) | The Minister of Gender Equality and Family and a Mayor/Do Governor may periodically evaluate the performance of youth welfare support institutions and youth welfare facilities, or institutions or organizations entrusted with youth welfare affairs under this Act, as prescribed by Ordinance of the Ministry of Gender Equality and Family: Provided, That this shall not apply where performance or management evaluation thereon is conducted pursuant to other statutes or regulations. |
| (2) | The Minister of Gender Equality and Family may take measures, such as reflecting the outcomes of evaluation conducted under paragraph (1) in supervision of and support for youth welfare support institutions and youth welfare facilities. |
| Article 42 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Gender Equality and Family or a Mayor/Do Governor under this Act may be delegated to a Mayor/Do Governor or the head of a Si/Gun/Gu, respectively, as prescribed by Presidential Decree. |
| (2) | Part of the duties of the State or local governments under this Act may be entrusted to youth organizations, as prescribed by Presidential Decree. |
| Article 42-2 (Entrustment of Operation of Youth Welfare Support Institutions) |
| (1) | The operation of youth welfare support institutions or youth welfare facilities established by the State and a local government in accordance with this Act may be entrusted to youth organizations, if necessary. |
| (2) | Matters necessary for the criteria, methods, etc. for entrustment of operation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted on May 28, 2013]
CHAPTER X PENALTY PROVISIONS
| Article 43 (Penalty Provisions) |
| (1) | Any person who uses data or information of the integrated information system for other than its original purpose or provides or divulges such information to another person in violation of Article 12-2 (9) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Newly Inserted on Mar. 23, 2021> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Mar. 23, 2021> |
| 1. | A person who discloses the results of health examinations, in violation of Article 8; |
| 2. | A person who divulges confidential information, in violation of Article 37. |
| (3) | Any of the following persons shall be punished by imprisonment with labor for not more than six months or by a fine not exceeding five million won: <Amended on Mar. 23, 2021> |
| 1. | A person who establishes and operates youth welfare facilities without filing a report under Article 32 (2); |
| 2. | A person who conducts business or operates a youth welfare facility despite an order for business suspension or facility closure under Article 35 (1). |
| Article 44 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits a violation under Article 43 in connection with the business of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
| Article 45 (Administrative Fines) |
| (1) | The following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who uses the same name, in violation of Article 38; |
| 2. | A person who fails to file a report or submit data, or refuses, interferes with or evades an inspection prescribed in Article 39 (1). |
| (2) | Any person who fails to report suspension, closure or resumption of business, in violation of Article 33, shall be subject to an administrative fine not exceeding three million won. |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five hundred thousand won: |
| 1. | A person who transfers or lends, or acquires or borrows a youth card, in violation of Article 4 (2); |
| 2. | A person who manufactures or uses a certificate with the same name or indication as a youth card, in violation of Article 4 (3). |
| (4) | Special Self-Governing City Mayors, Special Self-Governing Province Governors, or the heads of Sis/Guns/Gus shall impose and collect administrative fines referred to in paragraphs (1) through (3), as prescribed by Presidential Decree. <Amended on Dec. 18, 2018> |
ADDENDA <Act No. 11290, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Selection of Youth Entitled to Special Support)
Any youth selected as a youth entitled to special support in accordance with the previous provisions as at the time this Act enters into force shall be deemed selected as a youth entitled to special support.
Article 3 (Transitional Measures concerning Korea Youth Counseling Institute)
The Korea Youth Counseling Institute established and operated pursuant to Article 42 of the previous Framework Act on Youth as at the time this Act enters into force shall be deemed the Korea Youth Counseling and Welfare Development Institute established and operated under this Act. Article 4 (Transitional Measures concerning Institutions for Youth Counseling, Emergency Rescue, etc. of Cities/Dos)
Any institution established and operated for youth counseling, emergency rescue, etc. in a City/Do pursuant to Article 46 of the previous Framework Act on Youth or any institution established and operated for youth support, etc. in a Si/Gun/Gu pursuant to Article 46-2 of the same Act as at the time this Act enters into force shall be deemed a youth counseling and welfare center established under Article 29 of this Act. Article 5 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of penalty provisions to and imposition of administrative fines on any acts committed before this Act enters into force shall be governed by the previous provisions.
Article 6 Omitted.
Article 7 (Relationship with other Statutes)
Where other statutes cite provisions of the previous Youth Welfare Support Act as at the time this Act enters into force, the corresponding provisions of this Act shall be deemed cited in lieu of the previous provisions, if such corresponding provision exist in this Act.
ADDENDA <Act No. 11836, May 28, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Article 2 (Applicability to Criteria, etc. for Entrustment)
The criteria and methods for entrustment under the amended provisions of Article 42 (2) shall apply from the first entrusted youth welfare support institution or youth welfare facility after this Act enters into force.
ADDENDA <Act No. 12329, Jan. 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 12536, Mar. 24, 2014>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12700, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 13181, Feb. 3, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 14237, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14447, Dec. 20, 2016>
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 26 and 27 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning President of Korea Youth Counseling and Welfare Development Institute)
The President of the Korea Youth Counseling and Welfare Development Institute as at the time the amended provisions of Articles 26 and 27 enter into force, shall be deemed the chief director under the same amended provisions.
ADDENDUM <Act No. 15210, Dec. 12, 2017>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15988, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 2-2 and the latter part of Article 33 shall enter into force on the date of its promulgation. Article 2 (Applicability to Reports on Establishment and Operation of Youth Welfare Facilities)
The amended provisions of Article 32 (3) and (4) shall apply, beginning with cases where a report on the establishment and operation of youth welfare facilities is filed after this Act enters into force.
ADDENDA <Act No. 17973, Mar. 23, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 43 (2) shall enter into force three months after the date of its promulgation Article 2 (Transitional Measures concerning Steering Committee)
The steering committee, the chairperson of the steering committee, and its members as at the time this Act enters into force shall be deemed the Youth Welfare Deliberative Committee, the chairperson of the Youth Welfare Deliberative Committee, and its members under the amended provisions of Article 10. In such cases, the term of office of the relevant chairperson and members shall be the remaining period.