ENFORCEMENT DECREE OF THE ACT ON THE USE OF SOCIAL SERVICES AND THE MANAGEMENT OF VOUCHERS
Presidential Decree No. 23581, Feb. 1, 2012
Amended by Presidential Decree No. 26087, Feb. 3, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27568, Nov. 1, 2016
Presidential Decree No. 28205, Jul. 24, 2017
Presidential Decree No. 29147, Sep. 11, 2018
Presidential Decree No. 30106, Oct. 8, 2019
Presidential Decree No. 30533, Mar. 17, 2020
Presidential Decree No. 32014, Sep. 24, 2021
Presidential Decree No. 32235, Dec. 21, 2021
Presidential Decree No. 32538, Mar. 15, 2022
| Article 2 (Social Services Plans) |
| 1. | Direction-setting for promoting social service programs; |
| 2. | Detailed implementation plans for each program, containing the following matters: |
| (a) | Type and content of the programs; |
| (b) | Criteria for issuing social services vouchers; |
| (c) | Criteria for bearing expenses by beneficiaries of social services (hereinafter referred to as “beneficiary"); |
| 3. | Detailed budgets for each program; |
| 4. | Methods of and procedures for providing social services; |
| 5. | Other matters necessary for promoting social service programs. |
| (2) | By no later than December 31st of each year, the Minister of Health and Welfare shall establish and publish a social service plan for the subsequent year. |
| Article 2-2 (Ex Officio Application for Social Services Vouchers) |
| (1) | “Cases prescribed by Presidential Decree, such as mental weakness or mental unsoundness of persons eligible for voucher issuance" in the former part of Article 9 (3) of the Act means any of the following cases: |
| 1. | A person under adult guardianship or limited guardianship; |
| 3. | Other persons deemed to be incompetent or incapable of making a decision due to mental or physical disability. |
| (2) | If necessary to determine whether a person eligible for voucher issuance falls under paragraph (1) 3, a public official in charge of issuing social services vouchers may seek advice from medical doctors in the relevant field. |
[This Article Newly Inserted on Dec. 21, 2021]
| Article 3 (Depository Institution for Expenses of Providing Social Services) |
| Article 4 (Recovery of Unjust Gains) |
| (1) | Where the head of a Si (including the head of an administrative Si 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 (referring to the head of an autonomous Gu; the same shall apply hereinafter) intends to recover, from social service providers (hereinafter referred to as “provider”) or beneficiaries, the amount of money equivalent to the expenses incurred in providing social services in accordance with Article 21 of the Act, he or she shall, in writing, inform the providers or beneficiaries of matters such as the fact that a ground for recovery has arisen, amount to be recovered, deadline for payment, collecting agency and method of filing an objection. <Amended on Jan. 22, 2016> |
| (2) | The deadline for payment under paragraph (1) shall be at least thirty days from the date of a notice. |
| Article 5 (Criteria for Imposition of Penalty Surcharges) |
| Article 6 (Imposition and Payment of Penalty Surcharges) |
| (1) | Where the head of a Si/Gun/Gu intends to impose a penalty surcharge in accordance with Article 25 of the Act, he or she shall give a written notice of payment of a penalty surcharge, specifying the type of violation and the amount of the penalty surcharge. |
| (2) | Any person who receives a notice pursuant to paragraph (1) shall pay, by no later than 20 days of receipt of the notice, the penalty surcharge to a collecting agency designated by the head of a Si/Gun/Gu: Provided, That where he or she is unable to pay the penalty surcharge due to an event of force majeure or on any other inevitable grounds, he or she shall pay it within seven days from the date such grounds cease to exist. |
| (3) | The collecting agency that receives the penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer, and notify it to the head of a Si/Gun/Gu without delay. |
| (4) | Deleted. <Sep. 24, 2021> |
| (5) | Detailed matters concerning the procedures for collecting penalty surcharges shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 7 (Entrustment of Affairs) |
| (1) | The Minister of Health and Welfare shall, pursuant to Articles 27 (2), 28 (2), and 29 (3) of the Act, entrust the affairs prescribed in the following subparagraphs to the Korea Social Security Information Service: <Amended on Nov. 1, 2016; Mar. 17, 2020; Mar. 15, 2022> |
| 2. | Affairs regarding establishment and operation of the system for management of electronic social services vouchers prescribed in Article 28 (1) of the Act; |
| 3. | Affairs regarding disclosure of information on the providers prescribed in Article 29 (1) of the Act (excluding the affairs specified in subparagraph 1 of paragraph (2) of this Article); |
| 4. | Deleted. <Mar. 15, 2022> |
| 1. | Affairs regarding disclosure of information on the quality of social services of providers prescribed in Article 29 (1) 2 of the Act; |
| (3) | The head of a Si/Gun/Gu shall entrust the affairs prescribed in Article 34 (2) 1 and 2 of the Act to the Korea Social Security Information Service. <Amended on Nov. 1, 2016; Mar. 17, 2020, Mar. 15, 2022> |
| Article 8 (Report and Inspection) |
| (1) | Where the Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu requires a relevant public official to conduct an inspection or ask any question pursuant to Article 32 (1) of the Act, he or she shall, in advance, inform the relevant provider or relevant persons of matters such as the date and time, subject matter and purpose of the inspection or question, and personal information of the public officials. <Amended on Nov. 1, 2016> |
| (2) | Where the Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu orders a provider to submit a report or data pursuant to Article 32 (1) of the Act, he or she shall inform the provider of the deadline, method, details, etc. of submission of the report or data. |
| (3) | The notice prescribed in paragraphs (1) and (2) shall be given in writing (including by electronic documents): Provided, That this shall not apply in cases of urgency. |
| Article 8-2 (Criteria, Methods, and Procedures for Payment of Monetary Awards) |
| (1) | Upon receipt of a report or accusation filed pursuant to Article 32-2 (1) of the Act, the head of the relevant administrative agency (excluding cases where the Minister of Health and Welfare receives a report) or the head of an investigative agency shall notify such fact to the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu having jurisdiction over the place of domicile of the reported or accused person. |
| (2) | Upon receipt of a report under Article 32-2 (1) of the Act or notification under paragraph (1) of this Article, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall verify the details thereof, decide on whether to grant monetary awards, and notify the person who files a report or accusation under Article 32-2 (1) of the Act (hereinafter referred to as "reporter, etc.") of the results of decision. |
| (3) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall pay a monetary award within 60 days from the date of notifying the reporter, etc. of a decision to pay the monetary award under paragraph (2), and the criteria for payment shall be 30 percent of the amount calculated by excluding the amount borne by users under Article 6 of the Act from the charge determined to be collected under Article 21 of the Act: Provided, That in cases, such as where it is impossible to collect the charge under Article 21 of the Act, an amount determined and publicly notified by the Minister of Health and Welfare may be paid as a monetary award. <Amended on Mar. 17, 2020> |
| (4) | If at least two persons jointly file a report or accusation, the reporters, etc. shall designate their representative by themselves, and the representative shall be subject to the payment of monetary awards. <Amended on Mar. 17, 2020> |
| (5) | Where at least two cases of reports or accusations that contain the same details on the same violation are filed, the first reporter, etc. shall be only subject to the payment of monetary awards. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the detailed criteria, methods, procedures, etc. for payment of monetary awards shall be determined and publicly notified by the Minister of Health and Welfare. |
[This Article Newly Inserted on Sep. 11, 2018]
[Previous Article 8-2 moved to Article 8-3 <Sep. 11, 2018>]
| Article 8-3 (Processing of Sensitive Information or Personally Identifiable Information) |
| 1. | Affairs regarding application for issuance of a social services voucher under Article 9 of the Act; |
| 1. | Affairs regarding verification of grounds for disqualification of providers under Article 17 of the Act; |
| 3. | Affairs regarding revocation of registration of a provider or suspension of his or her business operation under Article 23 of the Act; |
| 4. | Affairs regarding succession to effects of administrative sanctions pursuant to Article 26 of the Act. |
[This Article Newly Inserted on Feb. 3, 2015]
[This Article Moved from Article 8-2 <Sep. 11, 2018>]
| Article 9 (Criteria for Imposition of Administrative Fine) |
The criteria for imposing administrative fines under Article 40 of the Act shall be as shown in Attached Table 2.
ADDENDUM <Act No. 23581, Feb. 1, 2012>
This Decree shall enter into force on Feb 5, 2012.
ADDENDUM <Presidential Decree No. 26087, Feb. 3, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 27568, Nov. 1, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Penalty Surcharges)
Notwithstanding the amended provisions of subparagraph 2 of attached Table 1, the imposition of penalty surcharges against offenses committed before this Decree enters into force shall be governed by the former provisions.
ADDENDUM <Presidential Decree No. 28205, Jul. 24, 2017>
This Decree shall enter into force on August 9, 2017.
ADDENDUM <Presidential Decree No. 29147, Sep. 11, 2018>
This Decree shall enter into force on September 14, 2018.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 30533, Mar. 17, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 and 7 shall enter into force on June 4, 2020. Article 2 (Transitional Measures concerning Criteria for Payment of Monetary Awards)
Notwithstanding the amended provisions of Article 8-2 (3), the previous provisions shall apply where a decision on whether to pay a monetary award is made under Article 8-2 (2) and such decision is notified to the reporter, etc. before this Decree enters into force.
ADDENDA <Presidential Decree No. 32014, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 32235, Dec. 21, 2021>
This Decree shall enter into force on January 1, 2022.
ADDENDUM <Presidential Decree No. 32538, Mar. 15, 2022>
This Decree shall enter into force on March 25, 2022.