ACT ON THE IMPROVEMENT OF TREATMENT AND STATUS OF SOCIAL WORKERS
Act No. 10511, Mar. 30, 2011
Amended by Act No. 11442, May 23, 2012
Act No. 15886, Dec. 11, 2018
Act No. 18617, Dec. 21, 2021
The purpose of this Act is to contribute to promoting social welfare by improving the status of social workers by improving the treatment of social workers, etc. and strengthening the guarantee of status thereof.
The term “social worker, etc.” means a person engaged in social welfare programs at any of the following corporations, etc. (hereinafter referred to as “social welfare corporation, etc.”):
| 3. | Other social welfare organizations or institutions prescribed by Presidential Decree. |
| Article 3 (Improvement of Treatment and Guarantee of Status of Social Workers) |
| (1) | The State and local governments shall actively endeavor to improve the treatment of social workers, etc., and promote their welfare as well as to improve their status. |
| (2) | The State and local governments shall endeavor to raise the remunerations of social workers, etc. to reach the level of those of public officials exclusively in charge of social welfare. |
| (3) | The State shall establish the standards for appropriate personnel expenses for social workers, etc., and local governments shall endeavor to meet the relevant standards. <Newly Inserted on Dec. 11, 2018> |
| (4) | The Minister of Health and Welfare and the head of a local government shall survey and publish every three years the level of remuneration and actual status of payment for social workers, etc., the rate of each local government’s compliance with the standards under paragraph (3), etc. <Amended on Dec. 11, 2018> |
| (5) | No social worker, etc. shall be subject to disadvantageous treatment in their status or any discrimination in working conditions, such as disciplinary actions, because of his or her reporting to the relevant administrative agency or an investigative agency on the illegal and unjust acts or other irregularities related to the operation of a social welfare corporation, etc. <Amended on Dec. 11, 2018> |
| Article 3-2 (Committee for Better Treatment) |
| (1) | The Ministry of Health and Welfare, the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do") and a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply) respectively shall establish a committee for better treatment to deliberate on matters regarding the improvement of treatment of social workers and other similar matters: Provided, That if there are any other committees already established within a Si/Gun/Gu that are appropriate to perform the functions of the committee for better treatment, such committees may perform such functions, as prescribed by ordinance of the relevant Si/Gun/Gu. |
| (2) | The committee for better treatment established within the Ministry of Health and Welfare shall deliberate on the following matters: |
| 1. | Matters regarding the improvement of treatment of social workers, etc.; |
| 2. | Matters regarding the standards for appropriate personnel expenses under Article 3 (3); |
| 3. | Other matters regarding the improvement of treatment of social workers, etc., which are deemed necessary by the chairperson of the committee and tabled to the committee meetings. |
| (3) | Matters necessary for the composition, operation, etc. of the committee for better treatment established within the Ministry of Health and Welfare shall be prescribed by Presidential Decree. |
| (4) | Matters necessary for the functions, composition, operation, etc. of a committee for better treatment established within a City/Do or a Si/Gun/Gu shall be prescribed by municipal ordinances, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Dec. 21, 2021]
| Article 4 (Korea Social Welfare Credit Union) |
| (1) | Social workers, etc. may establish the Korea Social Welfare Credit Union (hereinafter referred to as the “Credit Union”) with the authorization of the Minister of Health and Welfare to pursue the stabilization of their livelihood and the promotion of their welfare. <Amended on May 23, 2012> |
| (2) | The Credit Union shall be a corporation; and its principal office shall be situated in Seoul. |
| (3) | Matters to be entered in the articles of incorporation of the Credit Union shall be prescribed by Presidential Decree; and any amendment to the articles of incorporation shall be subject to the authorization of the Minister of Health and Welfare following a resolution of the board of representatives. |
| (4) | Deleted. <May 23, 2012> |
[Title Amended on Mar. 23, 2012]
| Article 4-2 (Prohibition of Use of Similar Name) |
No person other than the Credit Union under this Act shall use the name “Korea Social Welfare Credit Union” or similar.
[This Article Newly Inserted on May 23, 2012]
| Article 4-3 (Qualification for Membership) |
| (1) | The membership of the Credit Union shall be granted to any of the following persons, who are engaged in social welfare programs: |
| 2. | A person working at a corporation, facility, etc. under Article 2; |
| 3. | A person determined by Presidential Decree from among those engaged in the affairs related to social welfare at a corporation, etc. established pursuant to the Civil Act or other statutes; |
| 4. | Other persons determined by the articles of incorporation of the Credit Union. |
| (2) | A person who intends to be a member shall become a member of the Credit Union on the date he or she pays the first membership fee after submitting an application for admission. |
[This Article Newly Inserted on May 23, 2012]
| (1) | The Credit Union shall have the board of representatives and the board of directors as decision-making organs, the chief director and directors as an executive organ, and auditors as an auditory organ. |
| (2) | Matters necessary for the appointment of representatives of the Credit Union; the composition and powers of the board of representatives; the composition and powers of the board of directors; the fixed number of executive officers; election and terms of office of executive officers; duties of executive officers; and appointment and dismissal of employees shall be prescribed by Presidential Decree. |
| (1) | The Credit Union shall conduct the following businesses to achieve its objectives: |
| 1. | Payment of mutual-aid benefits to members; |
| 2. | Mutual-aid business regarding the safety, fire, etc. of social welfare facilities; |
| 3. | Fund-raising business; |
| 4. | Business for welfare of members; |
| 5. | Businesses determined by the articles of incorporation, which are incidental to those referred to in subparagraphs 1 through 4. |
| (2) | The Credit Union may conduct profit-making business within the extent necessary for achieving its objectives. |
| Article 7 (Financial Resources) |
The fund necessary for mutual aid business shall be created from any of the following financial resources: Provided, That the Minister of Health and Welfare may partially subsidize expenses to be incurred in establishing and operating the principal office of the Credit Union: <Amended on May 23, 2012>
| 1. | Membership fees of members; |
| 2. | Contributions of persons other than the Government or local governments; |
| 3. | Revenue accrued from operating mutual-aid business; |
| Article 8 (Budget and Settlement of Accounts, and Accumulation of Reserves) |
| (1) | The Credit Union shall compile a budget for the total revenue and total expenditure of the next fiscal year; and shall obtain approval from the Minister of Health and Welfare following a resolution by the board of representatives one month before the next fiscal year commences. |
| (2) | The Credit Union shall prepare a statement of accounts, a list of property, a balance sheet and a statement of profits and losses; and submit them to the Minister of Health and Welfare after obtaining approval from the board of representatives within three months after each fiscal year. |
| (3) | Matters concerning reserves as well as net profit in settlement of accounts to be appropriated for the payment by the Credit Union of the future benefits shall be prescribed by Presidential Decree. |
| Article 9 (Administrative Measures) |
| (1) | When the Credit Union is operated as follows, the Minister of Health and Welfare may order the Credit Union to rectify its operation and its business practices or take other necessary measures within a specified period: |
| 1. | Where it violates any statutes or regulations, or its articles of incorporation or other regulations, with respect to accounting or performing business; |
| 2. | Where it is operated significantly unjustifiably; |
| 3. | Where it wholly or partially suspends mutual-aid business without any justifiable ground. |
| (2) | Except as provided in this Act, the provisions of the Civil Act on incorporated associations shall apply mutatis mutandis to the Credit Union. |
| Article 10 (Administrative Fines) |
| (1) | A person who violates Article 4-2 shall be subject to an administrative fine not exceeding three million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, as prescribed by Presidential Decree. |
[This Article Newly Inserted on May 23, 2012]
ADDENDA <Act No. 10511, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2012.
Article 2 (Preparation for Incorporation of Credit Union)
| (1) | The Minister of Health and Welfare shall commission not more than nine incorporators within three months from the date this Act enters into force to handle affairs concerning establishing the Credit Union. |
| (2) | The incorporators shall prepare the articles of incorporation of the Credit Union within six months from the date they are entrusted with the affairs concerning incorporation; and shall file for registration for incorporation of the Credit Union under their joint signatures after obtaining authorizing the Minister of Health and Welfare. |
| (3) | Notwithstanding the provisions of Article 5, the first executive officers of the Credit Union to be appointed after this Act enters into force shall be appointed by the Minister of Science and Technology, from among the incorporators. |
| (4) | When the chief director of the Credit Union is appointed pursuant to paragraph (3), the incorporators shall transfer administrative affairs to the chief director without delay. |
| (5) | The incorporators shall be deemed dismissed upon completing transfer of administrative affairs referred to in paragraph (4). |
ADDENDA <Act No. 11442, May 23, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 15886, Dec. 11, 2018>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 18617, Dec. 21, 2021>
This Act shall enter into force six months after the date of its promulgation.