CHILD BENEFITS ACT
Act No. 15539, Mar. 27, 2018
Amended by Act No. 16249, Jan. 15, 2019
Act No. 16737, Dec. 3, 2019
Act No. 18579, Dec. 14, 2021
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote the fundamental rights and welfare of children by paying child benefits thereto to reduce the economic burden of rearing them and to create an environment for their sound growth.
The terms used in this Act are defined as follows:
| 1. | The term “entitlement to child benefits” means a right to receive child benefits prescribed in this Act; |
| 2. | The term “person entitled to child benefits” means a child entitled to child benefits; |
| 3. | The term “eligible child” means a child who is planned to receive or receives child benefits following a determination for paying child benefits prescribed in Article 9; |
| 4. | The term “protector” means a person having parental authority, a guardian, or other person actually protecting and rearing a child. |
| Article 3 (Responsibilities of the State) |
| (1) | The State and local governments shall make their utmost efforts to keep child benefits at the level necessary for easing the economic burden of rearing children and creating an environment for their sound growth. |
| (2) | The State and local governments shall create funds so as to bear the necessary expenses pursuant to paragraph (1). |
| (3) | A protector shall use child benefits to promote the fundamental rights and welfare of children. |
CHAPTER II APPLICATION FOR AND PAYMENT OF CHILD BENEFITS
| Article 4 (Persons Eligible for Child Benefits and Payments) |
| (1) | Children under the age of eight shall be paid child benefits worth 100,000 won per month. <Amended on Jan. 15, 2019; Dec. 14; 2021> |
| (2) | Deleted. <Jan. 15, 2019> |
| (3) | Deleted. <Jan. 15, 2019> |
| (4) | Deleted. <Jan. 15, 2019> |
| (5) | Notwithstanding paragraph (1), an additional amount of 500,000 won shall be paid monthly to children under the age of two. <Newly Inserted by Dec. 14, 2021> |
[Title Amended on Jan. 15, 2019]
| Article 5 (Providing Information Related to Child Benefits) |
| (1) | The Minister of Health and Welfare, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall provide the protector of a child under the age of eight with information relating to child benefits, such as persons eligible for child benefits, the amount thereof, and application methods therefor. <Amended on Jan. 15, 2019; Dec. 14; 2021> |
| (2) | Where necessary for providing information related to child benefits prescribed in paragraph (1), the Minister of Health and Welfare, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of the relevant agency to provide data or information on a child under the age of eight and his or her protector, which falls under Article 7 (2) 2 and 5. In such cases, the head of the relevant agency shall comply with such request, unless there is a compelling reason not to do so. <Amended on Jan. 15, 2019; Dec. 14; 2021> |
| (3) | Where data or information is provided pursuant to paragraph (2), the fees, usage charges, etc. imposed pursuant to the relevant statutes or regulations shall be exempted. |
| (4) | Matters necessary for the persons to be provided with information prescribed in paragraph (1), and the details, methods of, and procedures for providing such information shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 6 (Application for Payment of Child Benefits) |
| (1) | A protector or an agent of a protector (hereinafter referred to as “protector, etc.”) prescribed by Ordinance of the Ministry of Health and Welfare, who intends to be paid child benefits, may apply for the payment of child benefits to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
| (2) | Deleted. <Jan. 15, 2019> |
| (3) | Matters necessary for methods, procedures, etc. for applying for the payment of child benefits under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Jan. 15, 2019> |
| Article 7 (Investigation and Inquiry) |
| (1) | The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the protector applying for the payment of child benefits pursuant to Article 6 (hereinafter referred to as “applicant for child benefits”) and the protector of an eligible child to submit necessary documents or other data concerning his or her family relations, etc., to verify entitlement, change or loss of the entitlement to child benefits, the rearing of a child, the qualification of the protector, and other matters; and may have a public official under his or her jurisdiction visit the home or other places of the applicant for child benefits and the protector of an eligible child to investigate documents, etc. or make necessary inquiries to the relevant person. <Amended on Jan. 15, 2019> |
| (2) | Where necessary for verifying and investigating the occurrence, change, etc. of the entitlement to child benefits or for conducting business affairs concerning child benefits, the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of the relevant agency to provide any of the following data or information regarding the applicant for child benefits and his or her household members, and the protector of the eligible child and his or her household members. In such cases, the head of the relevant agency shall comply with such request, unless there is a compelling reason not to do so: |
| 1. | Deleted; <Mar. 15, 2019> |
| 4. | Data or information regarding burial, cremation, and funerals; |
| 8. | Data or information prescribed by Presidential Decree, necessary for conducting verification and investigation prescribed in paragraph (1) or child benefits business. |
| (3) | Any public official who makes a visit, investigation, or inquiry prescribed in paragraph (1) shall present to the relevant person an identification indicating his or her authority and a document stating the matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the scope of investigation, a person in charge of investigation, and the relevant statutes or regulations. |
| (4) | Fees, usage fees, etc. imposed pursuant to the relevant statutes or regulations shall be exempted where data or information is provided pursuant to paragraph (2). |
| (5) | The Minister of Health and Welfare, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may share administrative information prescribed in Article 36 (1) of the Electronic Government Act to identify the resident registration domiciles, etc. of children under the age of eight and their protectors. <Amended on Jan. 15, 2019; Dec. 14; 2021> |
| (6) | The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may reject an application for the payment of child benefits where the applicant for child benefits fails to submit documents or data prescribed in paragraph (1) or submits false documents or data; or where the applicant for child benefits refuses, obstructs, or evades an investigation or inquiry or gives a false answer. |
| (7) | Except as provided in this Act, the Framework Act on Administrative Investigations shall apply to the scope, timing, details, procedures, methods, etc. of investigation and inquiry prescribed in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| Article 8 Deleted. <Amended on Jan. 15; 2019> |
| Article 9 (Determination on Payment of Child Benefits) |
| (1) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to pay child benefits after verifying matters concerning entitlement and change or loss of the entitlement to child benefits through the investigation, inquiry, etc. prescribed in Article 7. <Amended on Jan. 15, 2019> |
| (2) | Where making a determination as prescribed in paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, without delay, notify the applicant for child benefits of such determination in writing or by electronic means, specifying the details of and reason for the determination. |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may cancel determination on payment of child benefits, where the protector of an eligible child fails to submit, or falsely submits, documents or data prescribed in Article 7 (1); refuses, obstructs, or evades an investigation or inquiry; or provides a false answer. |
| (4) | Matters necessary for the procedures and notification of determination and cancellation thereof under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 10 (Timing and Methods for Payment of Child Benefits) |
| (1) | For an eligible child for whom the payment of child benefits is determined pursuant to Article 9 (1), the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall monthly pay child benefits on a regular basis to such eligible child or his or her protector, from the month in which the date of application for the payment of child benefits falls until the month preceding the month when the child's eighth birthday arrives: Provided, That in cases prescribed by the Minister of Health and Welfare, such as where an eligible child is being protected in a child rearing facility or communal home prescribed in Article 52 (1) 1 or 4 of the Child Welfare Act, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may pay all or part of the child benefits by depositing them into the account under the name of the eligible child, which is opened according to the asset formation support programs under Article 42 of the Child Welfare Act. <Amended on Jan. 15, 2019; Dec. 14; 2021> |
| (2) | Notwithstanding paragraph (1), where an application for the payment of child benefits is filed within 60 days including the date of birth of a child after he or she was born, child benefits shall be paid retroactively from his or her month of birth: Provided, That when an application for the payment of child benefits is not filed within 60 days including the date of the birth of a child after he or she was born, due to unavoidable reasons prescribed by Ordinance of the Ministry of Health and Welfare, no period during which any such reason for failure exists shall be included in the period of up to 60 days. |
| (3) | Child benefits under Article 4 (1) shall be paid in cash: Provided, That the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may pay them in any other means prescribed by ordinance of the relevant local government, as prescribed by Presidential Decree. <Amended on Dec. 14; 2021> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the timing, methods, procedures, etc. for payment of child benefits shall be prescribed by Presidential Decree. <Amended on Dec. 14, 2021> |
CHAPTER III EX POST FACTO MANAGING ELIGIBLE CHILDREN
| Article 11 (Unpaid Child Benefits) |
| (1) | Where any amount of child benefits remains unpaid to an eligible child who has died (hereinafter referred to as “unpaid child benefits”), the protector of such eligible child as at the time of his or her death may claim unpaid child benefits. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine without delay whether to pay such unpaid child benefits and notify the protector of such determination. |
| (2) | Matters necessary for procedures, methods, etc. for claiming unpaid child benefits prescribed in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 12 (Change of Protector for Protecting Eligible Child) |
| (1) | If necessary for protecting an eligible child in any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, directly or at the request of the application by his or her protector, etc., pay child benefits to any other protector or request any other protector to manage child benefits: |
| 3. | Other cases prescribed by Presidential Decree for protecting an eligible child. |
| (2) | Matters necessary for procedures, methods, etc. for changing a protector prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 13 (Suspending Payment of Child Benefits) |
| (1) | In any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall suspend the payment of child benefits from the month following the date the relevant ground occurs until the month to which the date the relevant ground ceases to exist: |
| 1. | Where the period of staying abroad by an eligible child is at least 90 days: In such cases, the period of staying abroad by an eligible child who stays abroad as at the time of applying for the payment of child benefits shall be reckoned from the date he or she left the country (referring to the date of the birth of the relevant child where he or she was born abroad); |
| 2. | Where an eligible child is presumed to have died, as prescribed by Presidential Decree, or has gone missing or disappeared; |
| 3. | Other cases prescribed by Presidential Decree, corresponding to those referred to in subparagraphs 1 and 2. |
| (2) | Where the protector of an eligible child fails to submit or falsely submits documents or data prescribed in Article 7 (1), or refuses, obstructs or evades any investigation or inquiry, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may suspend the payment of child benefits. |
| (3) | Matters necessary for procedures, etc. for suspending the payment under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 14 (Loss of Entitlement to Child Benefits) |
Where an eligible child falls under any of the following cases, he or she shall lose the entitlement to child benefits from the month following the month to which belongs the date the relevant ground occurs:
| 2. | Where he or she loses the nationality of the Republic of Korea; |
| 3. | Where any other cause occurs for losing the entitlement to child benefits as prescribed by Presidential Decree. |
| (1) | In any of the following cases, a protector paid or managing child benefits shall report the fact to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within 30 days, as prescribed by Presidential Decree: Provided, That in cases falling under subparagraph 2 (limited to cases falling under subparagraph 1 of Article 14), a person responsible for filing reports prescribed in Article 85 of the Act on the Registration of Family Relations shall report to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu: |
| 1. | Where a ground for suspending payment prescribed in Article 13 (1) occurs or ceases to exist; |
| 2. | Where a ground for loss of the entitlement to child benefits prescribed in any subparagraph of Article 14 occurs or ceases to exist; |
| 3. | Deleted; <Dec. 15, 2019> |
| 4. | Where there occurs any other cause prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Where a person responsible for filing reports prescribed in Article 85 of the Act on the Registration of Family Relations files a report on the death of an eligible child pursuant to Article 84 of that Act, he or she shall be deemed to file a report under the proviso of paragraph (1), with the exception of its subparagraphs. |
| (3) | Matters necessary for the details, methods, procedures, etc. of filing a report prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 16 (Recovery of Child Benefits) |
| (1) | In any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall recover the child benefits paid pursuant to Article 4, as prescribed by Presidential Decree. In such cases, the paid child benefits shall, in cases falling under subparagraph 1, be recovered with interest: |
| 1. | Where child benefits are received by fraud or other improper means; |
| 2. | Where child benefits are paid during the period of payment suspension under Article 13 (1); |
| 3. | Where child benefits are erroneously paid due to any other cause. |
| (2) | Where any child benefits are to be paid to a person subject to recovery, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may offset the child benefits to be paid with the child benefits to be recovered pursuant to paragraph (1) (hereinafter referred to as “recovery money”). |
| (3) | Where a ground for recovery prescribed in paragraph (1) occurs, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may either suspend the payment of child benefits and request the protector of an eligible child to clearly explain such ground or conduct an investigation and inquiry prescribed in Article 7. |
| (4) | In any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu need not collect the recovery money, notwithstanding paragraph (1): |
| 1. | Where the recovery money is less than the amount prescribed by Presidential Decree; |
| 2. | Where the person liable to return the recovery money is missing or it is deemed significantly difficult to collect the recovery money due to any ground determined by Presidential Decree. |
| Article 17 (Notice of, Demand for, and Collection of Amount Recoupable) |
| (1) | In order to collect the recovery money pursuant to Article 16 (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall give written notice of the payment specifying the amount of such recovery money, the payment deadline, etc. |
| (2) | Where a person given notice prescribed in paragraph (1) fails to pay the recovery money by the payment deadline, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall demand him or her to pay it by a specific deadline, as prescribed by Presidential Decree. |
| (3) | Where a person demanded to pay the recovery money pursuant to paragraph (2) fails to pay it by a specific deadline, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall collect it in the same manner as delinquent local taxes are collected. |
CHAPTER IV PROTECTION OF RIGHT OF PERSON ENTITLED TO CHILD BENEFITS
| Article 18 (Protection of Entitlement to Child Benefits) |
| (1) | No entitlement to child benefits shall be transferred or provided as collateral, nor become subject to seizure. |
| (2) | No money or valuables provided as child benefits shall be seized. |
| Article 19 (Filing of Objection) |
| (1) | A person dissatisfied with any determination made under Article 9 (1) or any other disposition imposed under this Act may file an objection with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
| (2) | An objection prescribed in paragraph (1) shall be filed in writing within 90 days from the date a person becomes aware of the relevant disposition: Provided, That where such person has proved that he or she could not file an objection within the period due to any justifiable ground, he or she may file an objection within 60 days from the date the relevant ground ceases to exist. |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall examine an objection within 30 days from the date such objection is filed pursuant to paragraph (2); and shall rectify the disposition or take other necessary measures if such disposition is deemed illegal and unjust: Provided, That where there exists any unavoidable reason that makes it impossible to take measures within the period, such period may be extended by up to 30 days. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the procedures and methods for filing an objection, the operation of systems for filing an objection, and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 20 (Prescription) |
If the right of persons entitled to child benefits and the right to collect the recovery money prescribed in Article 16 are not exercised within five years, they shall be extinguished by extinctive prescription.
| Article 21 (Establishment and Operation of Child Benefits Information System) |
For efficiently processing and managing data or information related to child benefits prescribed in this Act and computerizing the recording and management of such data or information, the Minister of Health and Welfare may establish and operate a child benefits information system by linking it to and utilizing the social security information system prescribed in Article 37 (2) of the Framework Act on Social Security, as prescribed by Presidential Decree.
| Article 22 (Collection of Data and Information) |
The Minister of Health and Welfare, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, or the Korea Social Security Information Service entrusted with the business affairs under Article 23 (2) may process the documents, data, or information submitted or provided under Article 7 to facilitate business affairs related to child benefits. <Amended on Dec. 3, 2019>
| Article 23 (Delegation and Entrustment of Authority) |
| (1) | The authority of the Minister of Health and Welfare under this Act may be partially delegated to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (3) | A person to whom authority is delegated or entrusted under paragraph (1) or (2) shall be exempted from the charges, fees, etc. to be imposed under the relevant statutes or regulations regarding the data or information provided under Article 7. |
| (4) | Where the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu entrusts his or her business affairs pursuant to paragraph (2), he or she may provide subsidies to cover the expenses incurred in conducting such business affairs within budgetary limits. |
CHAPTER VI?PENALTY PROVISIONS
| Article 24 (Penalty Provisions) |
| (1) | Deleted. <Jan. 15, 2019> |
| (2) | Any person who is paid child benefits by fraud or other improper means shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
| Article 25 Deleted. <Jan. 15, 2019> |
| Article 26 (Administrative Fines) |
| (1) | Any person who fails to submit or falsely submits documents or data prescribed in Article 7 (1), or refuses, obstructs, or evades an investigation and inquiry, or makes false replies, without any good cause, shall be punished by an administrative fine not exceeding 200 thousand won. |
| (2) | Any person who fails to file a report prescribed in Article 15 without any justifiable ground shall be punished by an administrative fine not exceeding 100 thousand won. |
| (3) | Administrative fines prescribed in paragraphs (1) and (2) shall be imposed and collected by the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDA <Act No. 15539, Mar. 27, 2018>
Article 1 (Enforcement Date)
This Act shall enters into force on September 1, 2018.
Article 2 (Preparatory Acts for Enforcing the Act)
| (1) | If necessary for enforcing this Act, the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may receive applications for the payment of child benefits pursuant to Article 6 (1) before this Act enters into force. |
| (2) | Regarding any of the following children before this Act enters into force, the procedures concerning applying for the payment of child benefits prescribed in Article 6 may be wholly or partially omitted, and an investigation conducted under Article 7 may be partially omitted: Provided, That this shall not apply where fully or partially omitting such procedures is against the express will of a protector, etc.: |
| 1. | Infants and young children who receive subsidies under Articles 34 and 34-2 of the Child Care Act (including infants and young children for whom an application for subsidies has been filed on or before August 31, 2018, but to whom such subsidies are still not granted); |
| 2. | Infants and young children who receive subsidies for early childhood education under Article 24 of the Early Childhood Education Act (including infants and young children for whom an application for subsidies has been filed on or before August 31, 2018, but to whom such subsidies are not still granted); |
| 3. | Children who receive subsidies for child care under Article 20 of the Child Care Support Act (including children for whom an application for subsidies has been filed on or before August 31, 2018, but to whom such subsidies are not still granted); |
| (3) | If deemed necessary for enforcing this Act, the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of the relevant agency to provide, pursuant to Article 5 (2), the data or information regarding children under the age of six and their protectors which is necessary for providing information related to child benefits before this Act enters into force; investigate and make an inquiry to applicants for child benefits pursuant to Article 7 (1) (including protectors of the children for whom procedures for applying for the payment of child benefits are wholly or partially omitted pursuant to Article 2 (2) of these Addenda; hereinafter the same shall apply) or request the head of the relevant agency to provide data and information regarding applicants for child benefits and their household members pursuant to Article 7 (2); and may match administrative data under Article 36 (1) of the Electronic Government Act pursuant to Article 7 (5). In such cases, the head of the relevant agency requested to provide data or information shall do so, unless there is a compelling reason not to do so. |
| (4) | If deemed necessary for enforcing this Act, the Minister of Health and Welfare may request the head of a financial institution, etc. to provide financial information, etc. pursuant to Article 8 (1) before this Act enters into force, and may request the provision of financial information, etc. in writing specifying personal information concerning the relevant persons or through the information and communications network, where procedures for application are wholly or partially omitted pursuant to paragraph (2) of this Article and no written consent is given to the provision of financial information, etc. In such cases, the head of a financial institution, etc. requested to provide financial information, etc. shall provide financial information, etc. on the holder of a title deed and the subject of the relevant credit information, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act. |
| (7) | The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may take measures necessary for implementing systems for child benefits, such as determination on payment thereof, before this Act enters into force. |
| (8) | If deemed necessary for enforcing this Act, the Minister of Health and Welfare may take measures necessary for establishing and operating a child benefits information system prescribed in Article 21 before this Act enters into force. |
Article 3 (Applicability to Suspending Payment of Child Benefits)
Regarding an eligible child who stays abroad as at the time this Act enters into force, the period of staying abroad under Article 13 (1) 1 shall be reckoned from the date he or she left the country (referring to the date of the birth of the relevant child where he or she was born abroad). Article 4 (Transitional Measures concerning Personal Information)
Any of the following personal information as at the time this Act enters into force shall be deemed the personal information collected, managed, and held pursuant to Article 7:
ADDENDA <Act No. 16249, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2019: Provided, That the amended provisions of Articles 4 and 10 regarding payment of child benefits to a child from his or her 6th birthday month to the month preceding his or her 7th birthday month shall enter into force on September 1, 2019. Article 2 (Preparatory Acts for Enforcing the Act)
| (1) | The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may receive applications for the payment of child benefits pursuant to the amended provisions of Article 6 from persons entitled to child benefits in accordance with the amended provisions of Article 4 before this Act enters into force. |
| (2) | In the case of paragraph (1), for the following children who have applied for the payment of child benefits under Article 6, a responsible public official from the Special Self-Governing City, the Special Self-Governing Province, or a Si/Gun/Gu (a Gu refers to an autonomous Gu) that has jurisdiction over a child’s place of domicile may re-apply for the payment of child benefits ex officio under the amended provisions of Article 6: Provided, That the public official shall not do so against the express will of the child’s protector, etc.: |
| 1. | A child who receives a determination not to pay child benefits; |
| 2. | A child who has yet to receive a determination as to whether to grant child benefits before this Act is promulgated, but whose re-application for payment on the basis of the date of promulgation falls under Article 10 (2). |
| (3) | For applications for the payment of child benefits under paragraphs (1) and (2), the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may take measures necessary for implementing systems for child benefits, such as investigations, inquiries, or determination as to whether to pay child benefits under the amended provisions of Articles 4, and 7 through 9 before this Act enters into force. |
| (4) | Methods and procedures for applications for child benefits, investigations and inquiries, and determination as to whether to pay child benefits pursuant to paragraphs (1) through (3) may be separately determined by the Minister of Health and Welfare. |
Article 3 (Special Cases regarding Timing to Pay Child Benefits)
| (1) | Where an application for the payment of child benefits has been filed and the payment has been determined in accordance with Article 2 of these Addenda (limited to payment until the month preceding a child’s 6th birthday month), child benefits shall be paid retroactively starting from January, 2019 (referring to the month in which a child is born, where the child is born on or after February 1, 2019), notwithstanding Article 10 (1). |
| (2) | Where an application for the payment of child benefits has been filed for a child born on or before December 31, 2018 under Article 2 of these Addenda, notwithstanding paragraph (1), and the application for payment falls under Article 10 (2), payment shall be made retroactively starting from the month in which the child is born. |
Article 4 (Transitional Measures regarding Application for Payment)
For a child for whom an application for the payment of child benefits was filed and the payment was determined in accordance with the previous Article 6 or Article 2 of these Addenda, but whose 6th birthday arrived, which resulted in the termination of the payment of child benefits before September 1, 2019, the same application for child benefits shall be deemed filed on September 1, 2019: Provided, That this shall not apply against the express will of the child’s protector, etc.
ADDENDA <Act No. 16737, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 18579, Dec. 14, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2022: Provided, That the amended provisions of Article 4 (5) and Article 10 (3) through (5) shall enter into force on January 1, 2022. Article 2 (Preparation for Enforcement of the Act)
| (1) | The Minister of Health and Welfare, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may receive an application for payment of child benefits pursuant to Article 6, from a person entitled to child benefits (excluding persons entitled to child benefits who are deemed to have filed applications for payment under Article 7 of the Addenda) who was born between February 1, 2014 and March 31, 2015 before this Act enters into force. |
| (3) | With regard to an application for payment of child benefits under paragraph (1), the Minister of Health and Welfare, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may take measures necessary for implementing systems for child benefits, such as conducting investigations or inquiries or making determination on payment of child benefits, pursuant to Articles 7 and 9 before this Act enters into force. |
| (4) | Methods, procedures, etc. for applications for child benefits, investigations and inquiries thereof, and determination on payment of child benefits pursuant to paragraphs (1) and (2) may be separately determined by the Minister of Health and Welfare. |
Article 3 (Applicability to Persons Eligible for Child Benefits)
Notwithstanding the amended provisions of Article 4 (1) and the main clause of Article 1 of the Addenda, child benefits shall be paid to a child who was born after February 1, 2014, until the month preceding the month when his or her eighth birthday arrives. Article 4 (Applicability to Additional Payment of Child Benefits)
The child benefits under the amended provisions of Article 4 (5) shall apply beginning with children born on or after January 1, 2022. Article 5 (Special Cases concerning Time for Payment of Child Benefits)
| (1) | If the payment of child benefits is determined after an application for payment of child benefits is filed under the amended provisions of Article 4 (1) pursuant to Article 2 of the Addenda, child benefits shall be paid retroactively from January 2022, notwithstanding the amended provisions of Article 10 (1) and the main clause of Article 1 of the Addenda. |
| (2) | In cases of a child who is deemed to have filed an application for the payment of child benefits with the same details as those of previous application as at the time this Act enters into force pursuant to Article 7 of the Addenda, the child benefits shall be paid retroactively from January of 2022, notwithstanding the amended provisions of Article 10 (1) and the main clause of Article 1 of the Addenda. |
Article 6 (Special Cases concerning Amount of Additional Payment of Child Benefits)
Notwithstanding the amended provisions of Article 4 (5), the amount between 300 thousand won and 500 thousand won which is separately determined and publicly notified by the Minister of Health and Welfare shall be paid until December 31, 2024. Article 7 (Transitional Measures concerning Application for Payment)
With respect to a child for whom application was filed for the payment of child benefits and the payment was determined under Article 6, but whose 7th birthday arrived, resulting in the termination of the payment of child benefits before this Act enters into force, an application for the payment of child benefits shall be deemed filed with the same details as those of previous application, on the enforcement date of this Act: Provided, That this shall not apply against the expressive will of the child’s protector, etc.