EMERGENCY AID AND SUPPORT ACT
Act No. 7739, Dec. 23, 2005
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9751, May 28, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10854, Jul. 14, 2011
Act No. 10261, May 23, 2012
Act No. 11512, Oct. 22, 2012
Act No. 12934, Dec. 30, 2014
Act No. 13426, Jul. 24, 2015
Act No. 13644, Dec. 29, 2015
Act No. 14319, Dec. 2, 2016
Act No. 15878, Dec. 11, 2018
Act No. 18327, Jul. 27, 2021
The purpose of this Act is to help people overcome hardships in livelihood or critical situations due to any cause or event and enjoy a healthier and better life as human beings by offering prompt assistance thereto.
[This Article Wholly Amended on May 28, 2009]
For the purpose of this Act, the term "critical situation" means a situation in which a person in need of aid or household members who share the same livelihood or live together with a person in need of aid have difficulties in maintaining livelihoods, etc. on the following grounds: <Amended on Jan. 18, 2010; Oct. 22, 2012; Dec. 30, 2014; Dec. 11, 2018>
| 1. | If the primary earner in the household is deprived of the main source of income due to death, runaway, missing, being detained in a detention facility, or other reasons; |
| 2. | If a person is seriously ill or injured; |
| 3. | If a person has been abandoned, deserted, or abused by any household member; |
| 4. | If a person has difficulties in living harmoniously with his or her household members because of domestic violence against him or her or was sexually abused by any other household member; |
| 5. | If a person has difficulties in living in a house or building in which he or she used to reside due to a fire, a natural disaster, or other causes; |
| 6. | If the primary earner or the secondary earner has difficulties in performing his or her business due to temporary or permanent business closure, a fire in a place of business, or other reasons; |
| 7. | If the primary earner or the secondary earner is deprived of the main source of income due to losing his or her jobs; |
| 8. | If a cause or event specified by ordinance of each local government pursuant to Ordinance of the Ministry of Health and Welfare arises; |
| 9. | If a cause or event specified and publicly announced by the Minister of Health and Welfare arises. |
[This Article Wholly Amended on May 28, 2009]
| Article 3 (Basic Principles) |
| (1) | Aid provided under this Act shall be basically limited to provide temporary aid, expeditiously, to people who face a critical situation. |
| (2) | If a person is provided with the relief, protection, or aid identical with those under this Act pursuant to the provisions of other Acts, including the Disaster Relief Act, the National Basic Living Security Act, the Medical Care Assistance Act, the Social Welfare Services Act, the Act on the Prevention of Domestic Violence and Protection of Victims, and Sexual Violence Prevention and Victims Protection Act, aid under this Act shall not be granted to such person. <Amended on Apr. 15, 2010> |
[This Article Wholly Amended on May 28, 2009]
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and each local government shall endeavor to locate a person in a critical situation and offer the swiftest possible aid needed for such person and shall proactively provide guidance on emergency aid programs, including persons entitled to emergency aid, criteria for income or property eligible for emergency aid, types and details of emergency aid, and procedures for emergency aid, and other necessary matters. <Amended on Dec 30, 2014> |
| (2) | If a person is deemed to require on-going aid because a critical situation has not terminated even after aid has been provided under this Act, the State and each local government shall endeavor to assist him or her with the relief, protection, or aid under any other statute. |
| (3) | If the State and a local government finds it difficult to provide relief, protection, or aid under paragraph (2), it shall endeavor to assist a person receive relief, protection, or aid in connection with private institutions and organizations. |
[This Article Wholly Amended on May 28, 2009]
| Article 5 (Persons in Need of Emergency Aid) |
Persons eligible to receive aid under this Act shall be limited to those who face critical situations and require urgent aid under this Act (hereinafter referred to as "persons in need of emergency aid").
[This Article Wholly Amended on May 28, 2009]
| Article 5-2 (Special Cases of Foreigners) |
Foreigners specified by Presidential Decree from among foreigners who sojourn in the Republic of Korea are eligible for emergency aid if they fall under Article 5. [This Article Newly Inserted on May 28, 2009]
| Article 6 (Emergency Aid Agencies) |
| (1) | Aid prescribed in this Act shall be provided by the head of the Si (including the head of an administrative Si established under Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; the same shall apply hereinafter), Gun or Gu (the head of a Gu means the head of an autonomous Gu; the same shall apply hereinafter) that has jurisdiction over the place of residence of a person in need of emergency aid: Provided, That if the place of residence of the person in need of emergency aid is unknown, such aid shall be provided by the head of a Si/Gun/Gu who has received a request for aid or a report thereon under Article 7. <Amended on Jul. 24, 2015> |
| (2) | Notwithstanding the proviso to paragraph (1) if requests for aid or reports made under Article 7 with regard to any person whose place of residence is unknown are concentrated in a specific area, emergency aid may be assigned to different agencies as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 18, 2010> |
| (3) | The head of each Si/Gun/Gu shall designate a public official responsible for emergency aid programs under this Act (hereinafter referred to as "public official responsible for providing emergency aid"). In such cases, a public official responsible for providing emergency aid shall complete welfare-related educational training, including emergency aid programs. <Amended on Dec. 11, 2018> |
[This Article Wholly Amended on May 28, 2009]
| Article 7 (Requests for Aid and Reporting thereon) |
| (1) | Any person in need of emergency aid, any of his or her relatives, or any other related person may make an oral or written request for aid under this Act to the head of the competent Si/Gun/Gu. |
| (2) | Any person who discovers a person in need of emergency aid shall report such fact to the head of the competent Si/Gun/Gu. |
| (3) | Any of the following persons who becomes aware of a person in need of emergency aid in the course of the performance of duties such as medical examination and counseling shall report such fact to the head of the competent Si/Gun/Gu and shall endeavor to enable such person to receive swift emergency aid: <Amended on Dec. 30, 2014; Dec. 11, 2018> |
| 11. | Any other person prescribed by Ordinance of the Ministry of Health and Welfare who can discover a person in need of emergency aid. |
| (4) | A corporation, an organization, a facility, or an institution, etc. designated by the head of a Si/Gun/Gu may assist with a request for aid under paragraph (1) at the request of a person in need of emergency aid. <Newly Inserted on Jul. 27, 2021> |
| (5) | The head of a relevant central administrative agency shall include the details of education related to the reporting of emergency aid programs in the curriculums for a course for obtaining qualification or a refresher course for a person falling under any subparagraph of paragraph (3); and the head of an institution or a facility, etc. to which a person having a duty to report emergency aid belongs shall provide such person with education on the duty to report and submit the results of such education to the head of the relevant central administrative agency. <Newly Inserted on Dec. 11, 2018; Jul. 27 2021> |
| (6) | The details, hours, and methods of education under paragraph (5) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Dec. 11, 2018; Jul. 27, 2021> |
| (7) | The State and local governments shall conduct promotional activities for emergency aid programs targeting those who fall under any subparagraph of paragraph (3). <Newly Inserted on Dec. 11, 2018; Jul. 27, 2021> |
[This Article Wholly Amended on May 28, 2009]
| Article 7-2 (Locating Persons in Critical Situations) |
| (1) | The State and each local government shall periodically locate and investigate any person in a critical situation at least once a year. |
| (2) | Where it is necessary to regularly or occasionally locate and investigate any person in a critical situation pursuant to paragraph (1), the State and each local government may request the heads of the relevant institution, corporation, group, etc. to cooperate, including submission of data, and accompaniment of their employees to site investigation of the place of residence, etc. of such person in a critical situation. In such cases, the heads of the relevant institution, corporation, group, etc. shall comply with such request unless any justifiable ground exists otherwise. |
| (3) | The State and each local government shall periodically check the operation status of the system for locating persons in critical situations and formulate an improvement plan. |
[This Article Newly Inserted on Dec. 30, 2014]
| Article 8 (Site Inspections and Aid) |
| (1) | Where the head of each Si/Gun/Gu receives a request for aid or a report thereon under Article 7 or locates a person in a critical situation, he or she shall assign the public official responsible for providing emergency aid, without delay, to visit the place of residence or any other place of such person in need of emergency aid, to ascertain the critical situation. |
| (2) | If necessary for the confirmation of a critical situation, the head of each Si/Gun/Gu may request the cooperation of the head of a relevant administrative agency, such as the competent police station and fire station. In such cases, the head of the relevant administrative agency shall comply with such request unless any justifiable ground exists otherwise. |
| (3) | If the head of each Si/Gun/Gu finds, as a result of a site inspection conducted under paragraph (1), that a person faces a critical situation, he or she shall determine the types and details of aid under Article 9 and provide aid to such person without delay. In such cases, where the head of the Si/Gun/Gu deems it necessary to swiftly provide aid to the person in need of emergency aid, he or she may assign the public official responsible for providing emergency aid to offer aid preferentially needed by the person. <Amended on Dec 30, 2014> |
| (4) | When any public official responsible for providing emergency aid inspects a site pursuant to paragraph (1), he or she shall carry an identification card certifying his or her status and a document stating the matters specified by Ordinance of the Ministry of Health and Welfare, such as the period and scope of the inspection; person in charge of the inspection; and related statutes, and present them to relevant persons. <Amended on Dec. 29, 2015> |
[This Article Wholly Amended on May 28, 2009]
| Article 8-2 (Submission of Written Consent to Provision of Financial Information) |
When aid is requested pursuant to Article 7 (1) or when the public official responsible for providing emergency aid confirms a situation as critical pursuant to Article 8 (1), the person in need of emergency aid or any of his or her household members shall submit a written statement of consent to provide the following data or information: Provided, That where the public official responsible for providing emergency aid confirms that the submission of the written statement is practically impossible because the persons in need of emergency aid is unconscious or due to other reasons prescribed by Presidential Decree, the written statement may be submitted after receipt of the aid offered pursuant to Article 8 (3): <Amended on Dec 30, 2014> [This Article Newly Inserted on May 28, 2009]
| Article 9 (Types and Details of Emergency Aid) |
| (1) | The types and details of aid provided for in this Act are as follows: |
| 1. | Direct aid by cash or in kind: |
| (a) | Livelihood aid: Aid to assist in covering the cost of living by cash or in kind, such as food and clothing; |
| (b) | Medical aid: Medical service aid for various kinds of tests and treatment; |
| (c) | Shelter aid: Provision of temporary shelter or subsidization of expenses corresponding thereto; |
| (d) | Provision of social welfare facilities for use: Admission to social welfare facilities under the Social Welfare Services Act, provision of services of such facilities for use, or subsidization of expenses needed therefor; |
| (e) | Educational aid: Subsidization of necessary expenses, such as tuition fees, admission fees, contributions for school management, and school supplies for students in elementary and secondary schools; |
| (f) | Other aid: Subsidization, by cash or in kind, for expenses of providing fuel or covering costs necessary for overcoming a critical situation; |
| 2. | Aid in association with private institutions or organizations: |
| (b) | Counseling, provision of information, and any other aid. |
| (2) | Necessary matters concerning specific guidelines for, the method of, and the procedure for aid provided for in paragraph (1) shall be prescribed by Presidential Decree. In such cases, the aid provided for in paragraph (1) 1 (a) and (c) shall be limited respectively to 40/100 of the standard median income defined in subparagraph 11 of Article 2 of the National Basic Living Security Act. <Amended on Oct. 22, 2012; Dec. 29, 2015> |
| (3) | Where the head of each Si/Gun/Gu intends to provide, as aid, any social welfare facility under paragraph (1) 1 (d) for use, he or she may request the head of the competent social welfare facility to offer relevant assistance. In such cases, the head of a social welfare facility so requested shall take measures to allow a person in need of emergency aid to use the facility during the duration under Article 10 notwithstanding the eligibility criteria for admission to the facility unless any justifiable ground exists otherwise. |
[This Article Wholly Amended on May 28, 2009]
| Article 9-2 (Emergency Aid Accounts) |
| (1) | Where a person in need of emergency aid requests, the head of a Si/Gun/Gu shall deposit the money to be paid to the person in need of emergency aid (hereinafter referred to as “emergency aid money”) into a designated account opened in the name of the person in need of emergency aid (hereinafter referred to as “emergency aid account”): Provided, That where the emergency aid money cannot be transferred to the emergency aid account due to malfunction of an information and communications system or any other unavoidable cause prescribed by presidential Decree, the emergency aid money may be paid in cash or by other method of payment prescribed by Presidential Decree. |
| (2) | A financial institution at which the emergency aid account is opened shall guarantee that only the emergency aid money be deposited into the emergency aid account and shall take custody of the account. |
| (3) | Necessary matters concerning the method and procedure for applying for emergency aid accounts, the management of such accounts, and other similar matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 30, 2014]
| Article 10 (Duration of Emergency Aid) |
| (1) | The emergency aid under Article 9 (1) 1 (a), (c), (d), and (f) shall be limited to aid necessary to maintain livelihood, etc. for one month: Provided, That this duration may be extended up to twice by one month on each occasion if the head of each Si/Gun/Gu deems that the critical situation of a person in need of emergency aid persists. |
| (2) | Aid under Article 9 (1) 1 (b) shall be granted only once to the extent of the examination on, and the treatment of, a disease or injury that has caused a critical situation, and aid under item (e) of the aforesaid subparagraph shall also be granted only once. |
| (3) | Notwithstanding aid under paragraphs (1) and (2), if a critical situation persists, the head of each Si/Gun/Gu may extend such aid, subject to deliberation by the committee for deliberation on emergency aid under Article 12. In such cases, the duration of aid under Article 9 (1) 1 (a), (d), and (f) plus the duration of aid under paragraph (1) above shall not exceed six months in total, while the duration of aid under Article 9 (1) 1 (c) plus the duration of aid under paragraph (1) shall not exceed 12 months in total; and the frequency of aid under Article 9 (1) 1 (b) plus the frequency of aid under paragraph (2) above shall not exceed twice in total, while the frequency of aid under Article 9 (1) 1 (e) plus the frequency of aid under paragraph (2) above shall not exceed four times in total. <Amended on Oct. 22, 2012; Dec. 3, 2014> |
| (4) | The timing of and procedure for deliberation on whether to extend aid under paragraph (3) by the committee for deliberation on emergency aid, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jan. 18, 2010> |
[This Article Wholly Amended on May 28, 2009]
| Article 11 (Establishment of Responsible Organizations) |
| (1) | The Minister of Health and Welfare may establish and operate an organization responsible for providing persons who face critical situations with counseling and information services, as well as joint services in association with relevant institutions, organizations, etc. <Amended on Jan. 18, 2010> |
| (2) | Deleted. <Oct. 22, 2012> |
| (3) | The head of each Si/Gun/Gu shall strengthen ties and cooperation between institutions and organizations related to social welfare, health care, and medical services through the community welfare council under Article 7-2 of the Social Welfare Services Act in order to carry out emergency aid programs efficiently. |
[This Article Wholly Amended on May 28, 2009]
| Article 12 (Committee for Deliberation on Emergency Aid) |
| (1) | Each Si (including an administrative Si under Article 10 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; the same shall apply hereinafter), Gun, or Gu (a Gu means an autonomous Gu; the same shall apply hereinafter) shall establish a committee for deliberation on emergency aid in order to have a committee for deliberating, and adopting resolutions, on the following matters: <Amended on Jul. 24, 2015> |
| 1. | Decisions on whether to extend emergency aid under Article 10 (3); |
| 2. | Review on the appropriateness of emergency aid under Article 14 (1); |
| 3. | Decisions on whether to discontinue emergency aid, or to recover the expenses incurred in providing the aid, pursuant to Article 15 (1); |
| 4. | Other matters brought by the chairperson of the committee for deliberation on emergency aid before the committee for deliberation. |
| (2) | The committee for deliberation on emergency aid shall be comprised of not more than 15 members, including one chairperson. |
| (3) | The head of each Si/Gun/Gu shall serve as chair of each committee for deliberation on emergency aid, while other committee members shall be appointed or commissioned by the head of each Si/Gun/Gu from among persons falling under any of the following subparagraphs. In such cases, the number of persons falling under subparagraphs 1 and 2 shall be at least one-half of the committee members: |
| 1. | Persons who have knowledge about and experience in social security; |
| 3. | Public officials working for the competent Si/Gun/Gu or a relevant administrative agency; |
| 4. | Persons recommended by the local council of the competent Si/Gun/Gu. |
| (4) | If a social security committee is already established in a Si/Gun/Gu pursuant to the main clause of Article 20 (1) of the National Basic Living Security Act, the committee may exercise the functions of a committee for deliberation on emergency aid instead, as prescribed by ordinance of the Si/Gun/Gu. |
[This Article Wholly Amended on May 28, 2009]
| Article 13 (Ex Post Facto Investigation) |
| (1) | The head of each Si/Gun/Gu shall investigate a person to whom emergency aid was, or is, provided pursuant to Article 8 (3) to find whether such aid conforms with the criteria prescribed by Presidential Decree concerning income, property, or other relevant matters. |
| (2) | If the head of each Si/Gun/Gu intends to use a relevant computer network for banking, national taxes, local taxes, health insurance, national pension, or employment insurance for the investigation under paragraph (1), he or she may request the cooperation of the head of the appropriate agency, as prescribed by the relevant Act. In such cases, the head of the relevant agency shall comply with the request unless any justifiable ground exists otherwise. |
| (7) | No public official who is, or was, responsible for providing emergency aid shall use any information or data obtained pursuant to paragraph (2) or (3) for any purpose other than purposes of aid specified in this Act nor furnish such information or data to any other person or institution. |
| (8) | Necessary matters concerning requests to furnish financial information, etc. pursuant to paragraphs (3), (4), and (6) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on May 28, 2009]
| Article 14 (Review on Appropriateness of Emergency Aid) |
| (1) | The committee for deliberation on emergency aid under Article 12 shall review the appropriateness of emergency aid with reference to the results of ex post facto investigations conducted by the head of each Si/Gun/Gu pursuant to Article 13 (1). |
| (3) | Even where it is found that aid to a person in need of emergency aid was not appropriate as a result of a review under paragraph (1), the head of each Si/Gun/Gu shall not take any disadvantageous action against or unfavorably treat the public official responsible for emergency aid on the ground of such finding unless there was any intentional act or gross negligence on the part of the public official responsible for emergency aid. |
[This Article Wholly Amended on May 28, 2009]
| Article 15 (Discontinuance of Aid or Recovery of Expenses) |
| (1) | The head of each Si/Gun/Gu shall discontinue aid, without delay, to a person who is found, as a result of a review under Article 14 (1), to have received aid under Article 8 (3) by deceit or in any other fraudulent mean and shall fully or partially recover the expenses incurred in providing aid in compliance with the decision made by the committee for deliberation on emergency aid. |
| (2) | The head of each Si/Gun/Gu may discontinue aid to a person the emergency aid to whom is found inappropriate as a result of a review under Article 14 (1) and may require a person who has received emergency aid to return the expenses incurred for aid, fully or partially. |
| (3) | The head of each Si/Gun/Gu may require a person who has received aid in excess of the guidelines under Article 9 (2) to return the excess aid. |
| (4) | The head of each Si/Gun/Gu shall collect expenses or excess, in the same manner as delinquent local taxes are collected, from a person who fails to comply with an order to refund under paragraph (1) or (2). |
[This Article Wholly Amended on May 28, 2009]
| (1) | Any person who has an objection against the decision under Article 8 (3) or an order to return under Article 15 (1) or (2) may file an objection in writing with the relevant Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Governor of the Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") through the head of the competent Si/Gun/Gu within 30 days from the date on which the person was notified of such disposition. In such cases, the head of the competent Si/Gun/Gu shall forward the objection to the Mayor/Do Governor, along with his or her written opinion and relevant documents attached thereto, within 10 days from the filing date of the objection. |
| (2) | The Mayor/Do Governor shall review an objection and, if he or she finds that the disposition is deemed unlawful or unfair, shall take measures for correction or any other necessary measures within 15 days from the date on which he or she received the objection pursuant to paragraph (1). |
[This Article Wholly Amended on May 28, 2009]
| Article 17 (Contributions to Budget) |
The State and each local government shall jointly bear the expenses incurred in providing emergency aid.
[This Article Wholly Amended on May 28, 2009]
| Article 18 (Prohibition against Seizure) |
| (1) | No money or goods disbursed or supplied pursuant to this Act to any person in need of emergency aid shall be subject to seizure. |
| (2) | No emergency aid money in an emergency aid account nor any creditor’s right thereto, shall be subject to seizure. <Newly Inserted on Dec. 30, 2014> |
| (3) | No person in need of emergency aid shall assign or transfer any money or goods disbursed or supplied pursuant to this Act, to any third party with intent to use it for any purpose other than for the purposes of maintaining livelihood, etc. nor offer it as security. <Amended on Dec. 30, 2014> |
[This Article Wholly Amended on May 28, 2009]
| Article 19 (Penalty Provisions) |
Any person who violates Article 13 (7) shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. <Amended on Dec. 2, 2016> [This Article Wholly Amended on May 28, 2009]
ADDENDA <Act No. 7739, Dec. 23, 2005>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation. |
| (2) | Deleted. <May 28, 2009> |
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, ··· <omitted> ··· among the Acts amended pursuant to Article 6 of the Addenda, amendments to the Acts, which were promulgated before this Act enters into force but the dates on which they are to enter into force have yet to arrive, shall enter into force on the respective dates on which the relevant Acts enter into force. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9751, May 28, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10261, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 3 Omitted.
ADDENDUM <Act No. 11512, Oct. 22, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 12934, Dec. 30, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDUM <Act No. 13644, Dec. 29, 2015>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the latter part of Article 9 (2) shall enter into force on January 1, 2016.
ADDENDUM <Act No. 14319, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15878, Dec. 11, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18327, Jul. 27, 2021>
This Act shall enter into force on January 1, 2022.