ACT ON THE PROTECTION AND SUPPORT OF MISSING CHILDREN
Act No. 7560, May 31, 2005
Amended by Act No. 7849, Feb. 21, 2006
Act No. 8852, Feb. 29, 2008
Act No. 8944, Mar. 21, 2008
Act No. 9932, Jan. 18, 2010
Act No. 11002, Aug. 4, 2011
Act No. 11048, Sep. 15, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11857, jun. 4, 2013
Act No. 12360, Jan. 28, 2014
Act No. 12844, Nov. 19, 2014
Act No. 14113, Mar. 29, 2016
Act No. 14224, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 14886, Sep. 19, 2017
Act No. 14924, Oct. 24, 2017
Act No. 15608, Apr. 17, 2018
Act No. 17204, Apr. 7, 2020
Act No. 17575, Dec. 8, 2020
The purpose of this Act is to contribute to promoting the welfare of missing children, etc. and their families through prevention of occurrence and prompt recovery and return of missing children, etc. and support for social adjustment of children, etc. after their return. <Amended on Aug. 4, 2011>
The terms used in this Act are defined as follows: <Amended on Aug. 4, 2011; Jun. 4, 2013>
| 1. | The term "child, etc." means any of the following persons: |
| (a) | A child under the age of 18 at the time he or she goes missing; |
| 2. | The term "missing child, etc." means any child, etc. separated from his or her custodian due to any cause, such as abduction, enticement, desertion, accident, leaving home or getting lost; |
| 3. | The term "custodian" means any person with parental authority, guardian or other person having the duty to protect or support a child, etc. pursuant to any other Act: Provided, That this shall not include the head or employee of a protective facility referred to in subparagraph 4; |
| 4. | The term "protective facility" means any social welfare facility defined in subparagraph 4 of Article 2 of the Social Welfare Services Act or other facility equivalent to social welfare facility, which serves the protection of children, etc. without authorization, reporting, etc.; |
| 5. | The term "genetic testing" means analyzing genes in blood, hair, saliva or other test samples with a view to identifying individuals; |
| 6. | The term "genetic information" means information obtained from genetic testing; |
| 7. | The term "personal information" means any name, age, photograph or other information used to identify a specific individual. |
| Article 3 (Responsibilities of the State) |
| (1) | The Minister of Health and Welfare shall implement the following matters to ensure the prevention of occurrence and the prompt recovery and return of missing children, etc. and to promote the social adjustment of the children, etc. after their return: <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011> |
| 1. | Establishment and implementation of policies for missing children, etc.; |
| 2. | Investigations and research on the status of missing children, etc.; |
| 3. | Research, education and publicity to prevent the occurrence of missing children, etc.; |
| 4. | Building and operation of an information connection system and a database under Article 8; |
| 5. | Support for the families of missing children, etc.; |
| 6. | Provision of counseling and treatment services to help missing children, etc. adjust themselves to society after they are returned; |
| 7. | Other necessary matters regarding the protection and support of missing children, etc. |
| (2) | The Commissioner General of the Korean National Police Agency shall implement the following matters to ensure the prompt recovery and return of missing children, etc.: <Amended on Aug. 4, 2011> |
| 1. | Building and operation of a reporting system for missing children, etc.; |
| 2. | Search and investigations to recover missing children, etc.; |
| 3. | Gathering of samples for genetic testing under Article 11; |
| 4. | Other necessary matters regarding the recovery of missing children, etc. |
| (3) | The Child Policy Coordinating Committee under Article 10 of the Child Welfare Act shall consolidate and adjust the duties of the Minister of Health and Welfare under paragraph (1), the duties of the Commissioner General of the Korean National Police Agency under paragraph (2) and other duties of the State associated with missing children, etc. <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011> |
| Article 3-2 (Day of Missing Children and Week of Missing Children) |
| (1) | In order to encourage social responsibilities of missing children, etc. and to prevent their disappearance, May 25 shall be designated every year as the Day of Missing Children and one week from the Day of Missing Children shall be designated as the Week of Missing Children. |
| (2) | The State and local governments may conduct the events, and education and campaign projects, which are consistent with the purport of the Day of Missing Children and Week of Missing Children. |
| (3) | Matters necessary for events, education, and promotional projects related to the Day of Missing Children and Week of Missing Children under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 7, 2020]
| Article 4 (Relationship with other Statutes) |
Where the provisions of any other statutes are inconsistent with Articles 11 through 15 of this Act with respect to missing children, etc., the provisions of this Act shall prevail. <Amended on Aug. 4, 2011>
| Article 5 (Entrustment of Work Related to Missing Children) |
| (1) | The Minister of Health and Welfare may entrust the work referred to in Article 3 (1) 2 through 7 to the National Center for the Rights of the Child under Article 10-2 of the Child Welfare Act or other corporations or organizations prescribed by Presidential Decree. or . |
| (2) | Matters necessary for the entrusted operation, etc. of the National Center for the Rights of the Child, corporations and organizations under paragraph (1) (hereinafter referred to as "specialized institutions") shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Apr. 7, 2020]
| Article 6 (Duty to Report) |
| (1) | When realizing that a child, etc. went missing in the process of performing his or her duty, any of the following persons shall report such child, etc. without delay through the reporting system built and operated by the Commissioner General of the Korean National Police Agency (hereinafter referred to as "police reporting system") pursuant to Article 3 (2) 1: <Amended on Feb. 21, 2006; Aug. 4, 2011; Sep. 15, 2011> |
| 1. | The head or employee of a protective facility; |
| 6. | A person who substantially protects and supervises children, etc. on the basis of business, employment relationships, etc. |
| (2) | In taking a measure of care for a child, etc. pursuant to any related Act, the head of a local government shall prepare a receipt of a report stating the personal information of the child and submit it through the police reporting system. <Amended on Aug. 4, 2011> |
| (3) | When the head of a protective facility, or the head of a mental medical institution under subparagraph 5 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients protects a child, etc. whose custodian is yet to be ascertained, he or she shall, without delay, prepare a card stating the personal information of the child, etc. (hereinafter referred to as "personal card") and submit it to the head of the relevant local government and the head of a specialized institution, respectively. <Amended on Mar. 21, 2008; Aug. 4, 2011; May 29, 2016> |
| (4) | The head of a local government shall, upon receipt of a report of birth on a child who is more than six months old, without delay prepare a personal card for such child and send a copy thereof to the Commissioner General of the Korean National Police Agency, who in turn shall ascertain whether the child is a missing child, etc. and send the results to the head of the competent local government. The head of a local government shall send a copy of the personal card of the relevant missing child, etc. to the head of a specialized institution when the Commissioner General of the Korean National Police Agency ascertains the relevant child as a missing child, etc. <Newly Inserted on Mar. 21, 2008; Aug. 4, 2011> |
| (5) | The head of a local government shall instruct and supervise the matters regarding the duty to report under paragraph (1) and to submit personal cards under paragraph (3). <Newly Inserted on Aug. 4, 2011> |
| (6) | Matters necessary for reporting under paragraphs (1) and (2) and the preparation, submission, etc. of personal cards under paragraphs (3) and (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 21, 2008; Jan. 18, 2010; Aug. 4, 2011> |
| Article 7 (Prohibition of Protection without Filing Reports) |
No person shall protect a missing child, etc. without any justifiable ground unless he or she reports such missing child, etc. to the head of a police agency. <Amended on Feb. 21, 2006; Aug. 4, 2011>
| Article 7-2 (Issuance of Certificate of Advance Reporting for Prompt Recovery of Missing Children) |
| (1) | Upon request from a custodian of a child, etc. for the prompt recovery and return of the missing child, etc., the Commissioner General of the Korean National Police Agency may register information on fingerprint and face of the child, etc. (hereinafter referred to as "information, such as fingerprints") in the information system under Article 8-2 and issue the certificate of advance reporting to such custodian. <Amended on Oct. 24, 2017> |
| (2) | The Commissioner General of the Korean National Police Agency shall, without delay, destroy the relevant written application (limited to cases of making an application in writing) after registering information such as fingerprints pursuant to paragraph (1). <Newly Inserted on 24, 2017> |
| (3) | The Commissioner General of the Korean National Police Agency may establish and operate a database of the information such as fingerprint, which is registered pursuant to paragraph (1). <Amended on Oct. 24, 2017> |
| (4) | Matters necessary for the scope of information, such as fingerprints, and registration methods, procedures, etc. for issuance of certificates of advance reporting under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety, and matters concerning methods and procedures for destructing a written application under paragraph (2) and concerning the establishment, etc. of a database under paragraph (3) shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Oct. 24, 2017> |
[This Article Newly Inserted on Aug. 4, 2011]
[Title Amended on Oct. 24, 2017]
| Article 7-3 (Registration and Management of Information such as Fingerprint of Missing Children) |
| (1) | The Commissioner General of the Korean National Police Agency may register and manage information, such as fingerprint of a child, etc. by obtaining a written consent from such child whose custodian is yet to be ascertained among persons housed in protective facilities. In such cases, where the relevant child, etc. is a minor, insane person, or mentally weak person, such consent from the legal representative as well as the child himself/herself shall be obtained: Provided, That if it is impractical to obtain consent from the child for reasons of insanity, mental weakness, lack of mental capacity, etc., the child's consent may be omitted. |
| (2) | The Commissioner General of the Korean National Police Agency may utilize the database under Article 7-2 (3) in order to register and manage information, such as fingerprint under paragraph (1). <Amended on Oct. 24, 2017> |
| (3) | Matters necessary for the registration, management, etc. of information, such as fingerprint of a missing child, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 4, 2011]
| Article 7-4 (Restriction on Use of Information, such as Fingerprint for Other than Original Purposes) |
No person shall use information, such as fingerprint without any justifiable ground for any purpose other than the recovery of missing children, etc.
[This Article Newly Inserted on Aug. 4, 2011]
| Article 8 (Building and Operation of Information Connection System) |
| (1) | The Minister of Health and Welfare shall build and operate a cooperative system with specialized institutions, the Korean National Police Agency, local governments, protective facilities, etc. and an information network which may be used in preparing, acquiring, storing, sending and receiving personal information of missing children, etc. for their prompt recovery. <Newly Inserted on Aug. 4, 2011> |
| (2) | The head of a specialized institution shall build and operate a database by utilizing personal cards received pursuant to Article 6 (3) and (4) in order to recover missing children, etc. <Amended on Aug. 4, 2011> |
| (3) | The head of a specialized institution shall provide the Commissioner General of the Korean National Police Agency with necessary information, such as personal cards of missing children, etc. received pursuant to Article 6 (3) and (4). <Newly Inserted on Aug. 4, 2011> |
| (4) | The Commissioner General of the Korean National Police Agency shall provide the heads of specialized institutions with information necessary to build and operate a database pursuant to paragraph (2), including reports, etc. referred to in Articles 3 (2), 6 (1) and (2) and 7. <Amended on Aug. 4, 2011> |
| (5) | In cases of submitting or providing personal cards or other necessary information under Article 6 (2) through (4) and paragraphs (3) and (4), it is possible to submit or provide them by using an information connection system. <Newly Inserted on Aug. 4, 2011> |
| (6) | Matters necessary for the building and operation of an information connection system under paragraph (1) and a database under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Aug. 4, 2011> |
<Amended on Aug. 4, 2011>
| Article 8-2 (Building and Operation of Information System for Reporting and Recovery of Missing Children) |
| (1) | The Commissioner General of the Korean National Police Agency shall build and operate an information system in order to have a system for prompt reporting and recovery of missing children, etc. (hereinafter referred to as "information system"). |
| (2) | For the prompt recovery of missing children, etc., the Commissioner General of the Korean National Police Agency may utilize the contents of personal information of missing children, etc. retained by the information system related to social welfare affairs built and operated pursuant to Article 6-2 (2) of the Social Welfare Services Act by connecting the information connection system built and operated pursuant to Article 8 (1) with such information system. |
| (3) | Matters necessary for the building and operation of the information system under paragraph (1) and the scope, methods and procedure of verifying personal information which can be connected with the information system under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Aug. 4, 2011]
| Article 9 (Conduct of Search or Investigations) |
| (1) | Upon receipt of a report on occurrence of a missing child, etc., the head of a police agency shall, without delay, make a decision on whether to proceed with search or investigation. <Amended on Feb. 21, 2006; Aug. 4, 2011> |
| (2) | Where it is necessary for the prompt recovery of a missing child, etc. (excluding the case where the child, etc. is missing due to a crime; hereafter the same shall apply in this Article), the head of a police agency may request a person falling under any of the following subparagraphs to provide the personal location information under subparagraph 2 of Article 2 of the Act on the Protection, Use of Location Information, the internet address under subparagraph 1 of Article 2 of the Internet Address Resources Act, and the communication confirmation data under subparagraph 11 (e) and (g) of Article 2 of the Protection of Communications Secrets Act (hereinafter referred to as “personal location information, etc.”). In such cases, a person requested from the head of a police agency shall comply with such request except in extenuating circumstances, notwithstanding Article 3 of the Protection of Communications Secrets Act: <Newly Inserted on Aug. 4, 2011; Oct. 24, 2017; Apr. 17, 2018> |
| (3) | A person, upon receipt of a request under paragraph (2), may collect personal location information, etc. of a missing child, etc. without obtaining his or her consent and shall not refuse the request of the head of a police agency on the ground that no consent is obtained from the missing child, etc. <Newly Inserted on Aug. 4, 2011; Oct. 24, 2017> |
| (4) | A police agency and persons who work or have worked for a police agency shall not use personal location information, etc. received for the recovery of a missing child, etc. for any purpose other than the recovery of the missing child, etc., and shall, without delay, destroy such personal location information, etc. when achieving the purpose of the recovery of the missing child, etc. <Newly Inserted on Aug. 4, 2011; Oct. 24, 2017> |
| (5) | Matters necessary for the search, investigation, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety, and matters necessary for the method and procedure of requesting the provision and destruction of personal location information under paragraph (2) shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Aug. 4, 2011; Mar. 23, 2013; Nov. 19, 2014;. 26, 2017; Oct. 24, 2017> |
| Article 9-2 (Building and Operation of Public Search and Investigation System) |
| (1) | The Commissioner General of the Korean National Police Agency may build and operate a public search and investigation system for missing children, etc. for their prompt recovery and return. |
| (2) | The Commissioner General of the Korean National Police Agency may take each of the following actions after obtaining consent from the custodians of the missing children, etc., if necessary for public search and investigation under paragraph (1). In such cases, the Commissioner General of the Korean National Police Agency shall provide the minimum information necessary for recovery and return of missing children, etc. <Amended on Dec. 8, 2020> . |
| 1. | Key telecommunications business operators prescribed by Presidential Decree among telecommunications business operators defined in subparagraph 8 of Article 2 of the Telecommunications Business Act: Transmission of text or voice pertaining to necessary information; |
| (3) | A telecommunications business operator, a provider of information and communications services or a broadcasting business entity in receipt of a request under paragraph (2) shall comply with such request unless there is good cause. <Newly Inserted on Dec. 8, 2020> |
| (4) | Matters necessary for public search, a system, procedures etc. for search under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended on Dec. 8, 2020> |
[This Article Newly Inserted on Apr. 28, 2011]
| Article 9-3 (Guideline for Prompt Recovery of Missing Children) |
| (1) | In order to promptly locate missing children, etc. at facilities to be used by unspecified persons, the Minister of Health and Welfare shall formulate and publicly announce guidelines for prevention and prompt recovery of missing children, etc. which includes the following (hereinafter referred to as “guidelines for prompt recovery of missing children, etc.”): |
| 1. | Matters concerning making a report by the custodian; |
| 2. | Procedures for disseminating information about the occurrence of missing children, etc. and for issuing warning alerts; |
| 3. | Procedures for surveillance and monitoring of gates and exits; |
| 4. | Procedures for reporting to the police upon failure to locate missing children, etc.; |
| 5. | Matters concerning lifting a warning alert upon arrival of the police; |
| 6. | Other matters concerning preventing the occurrence of missing children, etc. and discovering them. |
| (2) | Where a child, etc. is reported missing, the owner, occupant or manager (hereafter in this Article referred to as “management agent”) of any of the following facilities and places, the size of which is prescribed by Presidential Decree shall immediately issue a warning alert, search, monitor gates and exits and take other measures in accordance with the guidelines for prompt recovery of missing children, etc.: <Amended on Mar. 29, 2016> |
| 3. | A station building of the urban railroad under the Urban Railroad Act (including passageways, waiting rooms, platforms, transfer passageways, and facilities annexed thereto); |
| 6. | A passenger use facility among the harbor facilities under the Harbor Act; |
| 9. | A performance hall and other facilities and places where performances are held under the Public Performance Act; |
| 11. | A place in which a local government hosts a local festival in order to promote culture, sport and, tourism; |
| 12. | Other places and facilities prescribed by Presidential Decree. |
| (3) | The management agent shall provide persons working for the facilities and places in paragraph (2) with education and training on the guidelines for prompt recovery of missing children, etc., once a year, and shall report the results thereof to the head of a competent police agency. |
| (4) | To ensure compliance with the guidelines for prompt recovery of missing children, etc., the head of a competent police agency shall guide and supervise the matters concerning measures under paragraph (2) and education and training under paragraph (3). |
| (5) | The head of the relevant administrative agency shall notify the head of a competent police agency of information concerning permission, registration, reporting, business suspension, shutdown, etc. of the facilities and places referred to in paragraph (2): Provided, That this shall not apply to information which can be confirmed through the common use of administrative information under Article 36 (1) of the Electronic Government Act. <Newly Inserted on Oct. 24, 2017> |
[This Article Newly Inserted on Jan. 28, 2014]
| Article 10 (Entry and Investigation) |
| (1) | If necessary to recover a missing child, etc., the Commissioner General of the Korean National Police Agency or the head of a local government may require related persons to submit necessary reports or information or have public officials under his or her jurisdiction to enter certain places to conduct a necessary investigation or inquiries of related persons, children, etc. <Amended on Aug. 4, 2011> |
| (2) | The Commissioner General of the Korean National Police Agency or the head of a local government may, in making entry or conducting investigation under paragraph (1), have public officials under his or her jurisdiction make such entry or investigation in the presence of family members, etc. of the missing child, etc. if any good reason exists to do so. <Newly Inserted on Mar. 21, 2008; Aug. 4, 2011> |
| (3) | A public official who intends to make entry, conduct investigation or inquiry pursuant to paragraph (1) shall carry an identity card indicating his or her authority and produce it to interested persons, etc. <Amended on Mar. 21, 2008; Aug. 4, 2011> |
| Article 11 (Conduct of Genetic Testing) |
| (1) | The Commissioner General of the Korean National Police Agency may take samples for genetic testing (hereinafter referred to as "test samples") from any of the following persons: <Amended on Aug. 4, 2011; May 29, 2016> |
| 2. | Family members seeking to recover missing children, etc.; |
| 3. | Other children without family or friends who used to be housed in protective facilities. |
| (2) | An institution specializing in genetic testing as prescribed by Presidential Decree (hereinafter referred to as "testing institution") may conduct genetic testing and build and operate a database thereon. |
| (3) | Test samples under paragraph (1) and genetic testing under paragraph (2) shall be taken or conducted after ascertaining whether related children, etc. are missing ones through the database under Article 8 (2). <Amended on Aug. 4, 2011> |
| (4) | The Commissioner General of the Korean National Police Agency shall obtain prior consent in writing from a testee when seeking to take a test sample under paragraph (1). In such cases, if the testee is a minor, insane person, or mentally weak person, such consent shall be obtained from his or her legal representative as well as the testee himself/herself: Provided, That if it is impossible to obtain consent from the testee for reasons of insanity, mental retardation, lack of mental capacity, etc., the testee's consent may be omitted. <Amended on Aug. 4, 2011> |
| (5) | In building and operating a database for genetic information under paragraph (2), the genetic information shall be managed by the head of the relevant testing institution, and the personal information by the head of the relevant specialized institution, respectively. <Amended on Aug. 4, 2011> |
| (6) | Matters necessary for taking test samples, conducting genetic testing, building databases, obtaining consent to genetic testing, the separate management of genetic information and personal information, and other matters under paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended on Aug. 4, 2011> |
| Article 12 (Prohibition against Use of Genetic Information for other than Original Purposes) |
| (1) | No person shall take a test sample, conduct genetic testing or use genetic information under Article 11 for any purpose other than the recovery of a missing child, etc. <Amended on Aug. 4, 2011> |
| (2) | No person who is or was engaged in taking test samples, conducting genetic testing or managing genetic information shall leak any test sample or genetic information taken or obtained. <Amended on Aug. 4, 2011> |
<Amended on Aug. 4, 2011>
| Article 13 (Destruction of Test Samples and Genetic Information) |
| (1) | The head of a testing institution shall, without delay, destroy the relevant test samples upon completion of genetic testing. <Amended on Aug. 4, 2011> |
| (2) | The head of a testing institution shall, without delay, destroy relevant genetic information in any of the following cases: Provided, That notwithstanding subparagraph 3, where a testee or his or her legal representative requests an extension of the period (hereinafter referred to as "retention period") set in subparagraph 3, the head of a testing institution may extend the period until a custodian of the missing child, etc. is ascertained: <Amended on Mar. 21, 2008; Aug. 4, 2011> |
| 1. | When the custodian of the missing child, etc. in question is ascertained; |
| 2. | When the relevant testee or his or her legal representative requests such destruction; |
| 3. | When ten years have passed from the date of the relevant genetic testing. |
| (3) | The head of a testing institution shall keep a record of matters relating to the destruction of test samples and genetic information and the extension of retention period of genetic information. <Amended on Aug. 4, 2011> |
| (4) | Matters necessary for procedures and methods for destructing test samples and genetic information, keeping records of the extension of retention period of genetic information, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Aug. 4, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 14 (Access to Records of Genetic Testing) |
| (1) | The head of a testing institution shall comply with a request by a testee or his or her legal representative for the inspection or issuance of a copy of the record of the relevant genetic testing. <Amended on Aug. 4, 2011> |
| (2) | Matters necessary for procedures for making applications for the inspection or issuance of copies of the records and relevant forms, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Feb. 29, 2008; Aug. 4, 2011; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| Article 15 (Prohibition against Use of Personal Information for other than Original Purposes) |
No person shall use personal information on missing children, etc. without any justifiable ground for any purpose other than the recovery of such missing children, etc. <Amended on Aug. 4, 2011>
| Article 16 (Cooperation from Related Institutions) |
The Minister of Health and Welfare or the Commissioner General of the Korean National Police Agency may request the head of a related central administrative agency or local government to provide necessary cooperation for the prompt recovery and return of a missing child, etc. and support for a child, etc. returned. In such cases, the head of the central administrative agency or local government so requested shall comply with such request except in extenuating circumstances. <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011>
| Article 17 (Penalty Provisions) |
Any person who protects a missing child, etc. without good cause in violation of Article 7 and any person who uses personal location information, etc. for any purpose other than the recovery of a missing child, etc. in violation of Article 9 (4) shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Amended on Sep. 19, 2017; Oct. 24, 2017> [This Article Wholly Amended on Aug. 4, 2011]
| Article 18 (Penalty Provisions) |
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 Aug. 4, 2011; Sep. 19, 2017>
| 1. | A person who refuses or interferes with a related public official's entry or investigation under Article 10 (1) by any fraudulent means or by force; |
| 1-2. | A person who uses information, such as fingerprint for any purpose other than the recovery of a missing child, etc., in violation of Article 7-4; |
| 1-3. | A person who refuses a request of the head of a police agency, in violation of Article 9 (3); |
| 2. | A person who takes a test sample, conducts genetic testing or uses genetic information for any purpose other than original purposes, in violation of Article 12 (1); |
| 3. | A person who leaks any test sample or genetic information, in violation of Article 12 (2); |
| 4. | A person who uses personal information on a missing child, etc. for any purpose other than the recovery of such missing child, etc., in violation of Article 15. |
| Article 19 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended on Jan. 28, 2014> |
| 1. | A person who fails to take measures under the guidelines for prompt recovery of missing children, etc., in violation of Article 9-3 (2); |
| 2. | A person who fails to submit a report or data, submits a false report or data, or evades a related public official's entry or investigation without good cause, in violation of an order issued under Article 10 (1). |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding two million won: <Amended on Aug. 4, 2011; Jan. 28, 2014> |
| 1. | A person who fails to report pursuant to Article 6 (1); |
| 2. | A person who fails to send a personal card pursuant to Article 6 (3); |
| 3. | A person who fails to provide education or training under Article 9-3 (3) or fails to report the results thereof. |
| (3) | Administrative fines prescribed in paragraphs (1) and (2) shall be imposed and collected by the head of a police agency or the head of a local government, respectively, as prescribed by Presidential Decree. <Amended on Feb. 21, 2006; Aug. 4, 2011> |
| (4) | Deleted. <Aug. 4, 2011> |
| (5) | Deleted. <Aug. 4, 2011> |
| (6) | Deleted. <Aug. 4, 2011> |
ADDENDA <Act No. 7560, May 31, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Reporting, etc.) Any report or personal card which is already made or submitted to the head of a local government with respect to a missing child, etc. or a child, etc. whose custodian is not ascertained, before this Act enters into force, shall be deemed made or submitted pursuant to Article 6 (1) and (3). |
| (3) | (Transitional Measures concerning Genetic Testing, etc.) The taking of a test sample, genetic testing and the management of genetic information conducted with respect to a missing child, etc. before this Act enters into force shall be deemed conducted pursuant to Article 11. |
ADDENDA <Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted.)
Articles 2 through 41 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8944, Mar. 21, 2008>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Applicability) The amended provisions of Article 6 (4) shall apply from the first report of birth which is received on or after the enforcement date of this Act. |
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.
ADDENDUM <Act No. 10607, Apr. 28, 2011>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10997, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11001, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases concerning Recognition of Missing Children, etc.)
Where the head of a local government or the head of a protective facility fails to prepare a personal card for a child among persons who were recorded to have been housed in or out from the protective facility as at the time this Act enters into force and the relevant child, etc. wishes to be applied by this Act, such child, etc. shall be deemed a missing child, etc. under this Act.
Article 3 (Relationships with other Acts and Subordinate Statutes)
A citation of the former Act on the Protection and Support of Missing Children, Etc. or any provision thereof by any other Acts and subordinate statutes as at the time this Act enters into force shall be deemed a citation of this Act or a corresponding provision hereof in lieu of the former provision, if such corresponding provision exists herein.
ADDENDA <Act No. 11002, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11048, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 and 7 Omitted.
ADDENDA <Act No. 11857, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 (c) of Article 2 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Acknowledgement of Missing Child, Etc.)
The amended provisions of subparagraph 1 (c) of Article 2 shall apply to any dementia patient whose missing was reported before the enforcement of the aforementioned amended provisions.
ADDENDUM <Act No. 12360, Jan. 28, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended by Article 6 of Addenda, the amended part of an Act which was promulgated before the enforcement of this Act but the date on which it enters into force has not yet arrived shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14113, Mar. 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 18 Omitted.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended by Article 5 of Addenda, the amended part of an Act which was promulgated before the enforcement of this Act but the date on which it enters into force has not yet arrived shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 14886, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14924, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Destruction of Written Applications for Advanced Registration of Information, Such As Fingerprints)
The amended provisions of Article 7-2 shall also apply to written applications under custody at the time this Act enters into force.
ADDENDA <Act No. 15608, Apr. 17, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 17204, Apr. 7, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Entrustment with Operation Affairs of Nursery Information Centers)
Where duties are entrusted pursuant to the former provisions of Article 5 as at the time this Act enters into force, the former provisions shall apply until the period of the relevant entrustment expires.
ADDENDUM <Act No. 17575, Dec. 8, 2020>
This Act shall enter into force six months after the date of its promulgation.