CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to enhance social services, such as reinforcing the public nature, expertise, and transparency of social services, enhance the quality of social services and jobs related thereto, and contribute to the enhancement of the welfare of the people by prescribing matters regarding the assistance in social services and the establishment and operation of a public agency for social service.
The terms used in this Act are defined as follows:
| 2. | The term "institution providing social services" means an institution established and operated by the State, a local government, or the private sector to provide or support social services; |
| 3. | The term "social service workers" means persons engaged in the affairs of providing or supporting social services. |
| Article 3 (Relationship to Other Statutes) |
This Act shall prevail over other statutes with respect to the establishment, management of, and assistance for a public agency for social service.
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall endeavor to enhance the public nature, expertise, and transparency of social services (hereinafter referred to as "public nature, etc."), thereby improving the quality of social services. |
| (2) | The State and local governments shall expand national or public institutions providing social services and support private institutions providing social services in order to enhance the public nature, etc. of social services. |
| (3) | The State and local governments shall develop policies to improve the working environment and the treatment of social service workers, and endeavor to ensure their job security. |
| (4) | The State and local governments shall take measures to guarantee that the social service workers in the same field run by the private sector receive the same treatment as the social service workers belonging to a public agency for social service. |
| (5) | The State and local governments shall endeavor to provide citizens with social services in a proper and sufficient manner and shall conduct appropriate management, supervision, and provide support to strengthen social services provided by the private sector and to improve the quality of social services. |
| (6) | The State and local governments shall endeavor to narrow the social service divide between regions. |
| Article 5 (Formulation of Social Service Master Plan) |
| (1) | In order to develop and support social services, the Minister of Health and Welfare shall establish a master plan for social services (hereinafter referred to as "master plan") every five years after conducting a fact-finding survey on social services and consulting with the heads of relevant central administrative agencies. In such cases, a master plan shall be linked to a master plan for social security formulated under Article 16 (1) of the Framework Act on Social Security. |
| (2) | Each master plan shall include the following matters: |
| 1. | Basic objectives of and direction-setting for social service policies; |
| 2. | Matters relating to the grasping of actual state and balanced development of social services by region; |
| 3. | Specific goals for expanding institutions providing social services and the implementation plan thereof; |
| 4. | Measures to improve the treatment of social service workers; |
| 5. | Plans for improving the system for delivering social services; |
| 6. | Measures to protect the human rights of social service users and to guarantee their rights; |
| 7. | Plans to improve the organization and operation of the system to promote social services; |
| 8. | Evaluation and improvement plans for improving the quality of social services; |
| 9. | Matters regarding the management of statistics and information related to the matters provided in subparagraphs 1 through 8; |
| 10. | Other matters necessary for enhancing and developing social services, as prescribed by Presidential Decree. |
| (3) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), 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; hereinafter the same shall apply), Gun, or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall formulate and implement a regional plan for social services (hereinafter referred to as "regional plan") in connection with the relevant master plan. In such cases, a regional plan may be included in a regional social security plan formulated and implemented pursuant to Article 19 (1) of the Framework Act on Social Security. |
| (4) | Where necessary for formulating a master plan or a regional plan, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may request the heads of relevant central administrative agencies, or the heads of relevant institutions, corporations, organizations, etc. to render cooperation. In such cases, any person requested to provide cooperation shall comply therewith in the absence of good cause. |
| (5) | Other matters necessary for formulating and implementing master plans and regional plans shall be prescribed by Presidential Decree. |
| Article 6 (Implementation of Social Service Pilot Projects) |
| (1) | The State and local governments may conduct pilot projects, where necessary for developing and disseminating new social services. |
| (2) | The State and local governments may implement pilot projects under paragraph (1) through a public agency for social service established under Article 7. |
| (3) | Where the State and local governments conduct pilot projects, they shall evaluate the outcomes thereof and reflect such outcomes in new social services to be implemented. |
CHAPTER II ESTABLISHMENT AND OPERATION OF CITY/DO PUBLIC AGENCY FOR SOCIAL SERVICE
| Article 7 (Establishment of City/Do Public Agency for Social Service) |
| (1) | A Mayor/Do Governor may establish and operate a City/Do public agency for social service (hereinafter referred to as "City/Do public agency for social service") in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") under his or her jurisdiction in order to perform programs provided in Article 10. |
| (2) | A City/Do public agency for social service established by a Mayor/Do Governor pursuant to paragraph (1) shall be a corporation. |
| (3) | A City/Do public agency for social service shall be established at the time it registers such establishment at the location of its main office. |
| (4) | Matters necessary for establishing a City/Do public agency for social service and registering its establishment, etc. shall be prescribed by Presidential Decree. |
| Article 8 (Responsibilities of City/Do Public Agency for Social Service) |
In providing social services or supporting social service workers, a City/Do public agency for social service shall endeavor to enhance the public nature, etc. and quality of social services and to close the social service divide within its jurisdiction.
| Article 9 (Examination of Validity of Establishment of Public Agency for Social Service) |
| (1) | Where a Mayor/Do Governor intends to establish a City/Do public agency for social service pursuant to Article 7 (1), he or she shall examine the validity thereof, undergo deliberation and resolution by an operational deliberation committee of the local government-invested or -funded institution referred to in Article 6 of the Act on the Operation of Local Government-Invested or -Funded Institutions (hereinafter referred to as the "Act on Local Investment and Funding"), and disclose the results thereof. |
| (2) | A Mayor/Do Governor who intends to establish a City/Do public agency for social service shall consult with the Minister of Health and Welfare before examining the validity under paragraph (1). |
| (3) | Matters necessary for examining the validity of the establishment of a City/Do public agency for social service under paragraph (1) and the procedures, methods, etc. for the consultation on the establishment under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 10 (Programs of City/Do Public Agency for Social Service) |
| (1) | A City/Do public agency for social service may perform the following programs: |
| 2. | Operating national or public institutions providing social services entrusted by the State or local governments; |
| 3. | Programs regarding the provision of or support for social services entrusted by the State or local governments; |
| 4. | Programs to provide comprehensive in-home services to meet the needs of recipients of social services; |
| 5. | Various counseling and advice on finance, accounting, legal affairs, labor, etc. for institutions providing and operating social services; |
| 6. | Supporting programs for the better treatment of social service workers and improvement of job security; |
| 7. | Support for research, development, and education programs to enhance the quality of social services in the region; |
| 8. | Support for the formulation of a supply and demand plan for social services in the region; |
| 9. | Implementation of pilot projects for the introduction of new social services; |
| 10. | Other programs deemed necessary by a Mayor/Do Governor to enhance the public nature, etc. of social services. |
| (2) | Other matters necessary for the details of and the methods, procedures, etc. for programs of a City/Do public agency for social service shall be prescribed by Presidential Decree. |
| Article 11 (Preferential Entrustment of Programs) |
| (1) | In entrusting social service programs, the State or a local government shall entrust the relevant programs through open competition. |
| (2) | Notwithstanding paragraph (1), the State or a local government may entrust the operation or programs of any of the following institutions providing social services preferentially to a City/Do public agency for social service: |
| 1. | An institution providing social services, newly established in a field where it is impracticable for the private sector to participate or supply is short; |
| 2. | An institution providing social services whose executive officer and employee is subject to imprisonment without labor or heavier punishment for misconduct prescribed by Presidential Decree such as violence or sexual violence against a recipient of social services or social service worker; |
| 3. | Other institutions providing social services or programs prescribed by Presidential Decree, such as institutions located in a vulnerable area. |
| (3) | Matters necessary for the criteria, methods, procedures, etc. for preferential entrustment under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 12 (Composition of Emergency Care Support Group) |
| (1) | A City/Do public agency for social service may have an emergency care support group to perform the programs prescribed in Article 10 (1) 1. |
| (2) | The president of a City/Do public agency for social service may take measures necessary for operating an emergency care support group, such as recruiting personnel providing care services. |
| (3) | The State or a local government may provide subsidies to cover expenses necessary for operating an emergency care support group within the budget. |
| Article 13 (Articles of Incorporation) |
| (1) | The articles of incorporation of a City/Do public agency for social service shall include the following matters: |
| 3. | The location of its office; |
| 4. | Matters regarding programs; |
| 5. | Matters regarding the executive officers and employees; |
| 6. | Matters regarding the board of directors; |
| 7. | Matters regarding properties and accounting; |
| 8. | Matters regarding the amendment of the articles of incorporation; |
| 9. | Other matters prescribed by Presidential Decree. |
| (2) | Where a City/Do public agency for social service intends to amend its articles of incorporation, it shall obtain permission from the competent Mayor/Do Governor. |
| Article 14 (Executive Officer Recommendation Committee) |
| (1) | A City/Do public agency for social service shall have an executive officer recommendation committee to deliberate on matters regarding the recommendation of candidates for executive officers under Article 15 and the reappointment of executive officers under Article 17. |
| (2) | Where an executive officer recommendation committee intends to recommend candidates for executive officers, it shall publicly recruit such candidates. |
| (3) | An executive officer recommendation committee shall consist of seven members, including at least three persons recommended by academic circles and organizations related to social services. |
| (5) | Matters necessary for the composition and operation of the executive officer recommendation committee and the recommendation of candidates for executive officers, etc. shall be prescribed by Presidential Decree. |
| Article 15 (Executive Officers) |
| (1) | A City/Do public agency for social service shall have, as executive officers, up to 15 directors including the president, and two auditors. |
| (2) | Executive officers, other than the president, shall hold a part-time position. |
| Article 16 (Appointment of Executive Officers) |
| (1) | The executive officers of a City/Do public agency for social service, including the president, shall be appointed by the competent Mayor/Do Governor from among persons recommended by the executive officer recommendation committee under Article 14. |
| (2) | Executive officers except for auditors shall be appointed from among persons recommended by the executive officer recommendation committee from among any of the following persons: |
| 1. | A person who has at least 10 years of work experience in social welfare services after obtaining a social worker certificate under the Social Welfare Services Act; |
| 2. | A person who has acquired an associate degree in a junior college referred to in the Higher Education Act and has at least 10 years of work experience in the field of social services; |
| 3. | A person who has obtained a doctorate degree in the field of social services and has at least 10 years of work experience as a full-time instructor in the field of social services in a university or college; |
| 4. | Any other person recognized by a Mayor/Do Governor as qualified as those prescribed in subparagraphs 1 through 3. |
| (3) | The directors of a City/Do public agency for social service shall include persons prescribed by Presidential Decree, such as experts from academic circles and fields related to social services and persons belonging to organizations representing institutions providing social services, organizations representing social service workers, or civic groups (referring to non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act; hereinafter the same shall apply). |
| (4) | An executive officer of a City/Do public agency for social service shall fulfill his or her duties and responsibilities as prescribed by statutes, regulations, and the articles of incorporation, and shall comply with the following: |
| 1. | He or she shall perform his or her duties in good faith; |
| 2. | He or she shall endeavor to prevent any loss to the relevant institution caused by intention or gross negligence; |
| 3. | He or she shall not commit any act that damages his or her dignity, regardless of whether on or off duty. |
| Article 17 (Term of Office of Executive Officers) |
| (1) | The president of a City/Do public agency for social service shall hold office for a term of three years, and directors (excluding a director who is a public official) and auditors shall hold office for a term of two years, respectively, and may be appointed consecutively for further terms on a yearly basis. In such cases, the reappointment of an executive officer shall be subject to deliberation by the executive officer recommendation committee under Article 14. |
| (2) | Other matters necessary for the reappointment of executive officers shall be prescribed by Presidential Decree. |
| Article 18 (Dismissal of Executive Officers) |
| (1) | If an executive officer of a City/Do public agency for social service falls under any of the following subparagraphs, the competent Mayor/Do Governor may dismiss him or her: |
| 1. | If he or she fails to fulfill, or is negligent in, his or her duties and responsibilities; |
| 2. | If he or she commits a gross and flagrant violation of relevant statutes or regulations in the course of performing his or her duties. |
| (2) | If the president of a City/Do public agency for social service falls under any of the following subparagraphs, the competent City/Do Governor may dismiss him or her: |
| 1. | If he or she performs poorly on a performance-based contract under Article 21; |
| 2. | If the evaluation results of management performance or work performance under Article 34 are poor. |
| (3) | Where an executive officer of a City/Do public agency for social service meets the grounds for dismissal under paragraph (1) or (2), the Minister of Health and Welfare may request the competent Mayor/Do Governor to dismiss the relevant executive officer. In such cases, the Mayor/Do Governor who receives a request to dismiss an executive officer shall dismiss him or her in the absence of good cause. |
| (4) | Matters necessary for detailed criteria and methods for dismissing an executive officer under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 19 (Grounds for Disqualification as Executive Officers) |
| (1) | No person who falls under any of the following subparagraphs may become an executive officer of a City/Do public agency for social service: |
| 2. | A person for whom three years have not passed since his or her dismissal under Article 18. |
| (2) | If an executive officer of a City/Do public office for social service falls under any of the subparagraphs of paragraph (1) or is found to have fallen thereunder at the time of his or her appointment, he or she shall ipso facto retire from his or her office. |
| (3) | No activity in which any executive officer has been involved prior to his or her retirement under paragraph (2) shall lose its legal effects. |
| Article 20 (Board of Directors) |
| (1) | In order to deliberate and resolve on important matters regarding the operation of a City/Do public agency for social service, the board of directors shall be established in the City/Do public agency for social service. |
| (2) | The board of directors shall consist of directors, including the president. |
| Article 21 (Performance-Based Contract) |
| (1) | A Mayor/Do Governor and the president of a City/Do public agency for social service shall conclude a performance-based contract including matters regarding management targets that the president is required to achieve during his or her term of office, remuneration, etc., and prepare a performance-based contract for the following year before each fiscal year begins. In such cases, a performance-based contract may be amended within six months after the commencement of the relevant fiscal year, based on the settlement of accounts for the preceding year, the evaluation results of management performance and work performance, etc. under Article 34. |
| (2) | Notwithstanding paragraph (1), a performance-based contract for a newly-appointed president shall be prepared within one month after his or her appointment. |
| (3) | The level of achievement under the terms and conditions of the performance-based contract under paragraph (1) and the evaluation results of management performance and work performance under Article 34 shall be reflected in determining remuneration for the following year. |
| (4) | Details regarding entering into and preparing a performance-based contract and the evaluation, etc. under paragraph (1) shall be prescribed by ordinance of the relevant City/Do. |
| Article 22 (Recruitment of Employees) |
| (1) | Where a City/Do public agency for social service conducts programs provided in Article 10, it shall directly employ social service workers for the relevant programs. |
| (2) | When a City/Do public agency for social service recruits new employees, such recruitment shall be conducted through an open competitive examination to guarantee all persons an equal opportunity and to recruit more talented human resources. |
| (3) | Notwithstanding paragraph (2), for a vacancy in a position or field of service that is impracticable to recruit through an open competitive examination, a City/Do public agency for social service may recruit excellent specialists and persons with extensive experience through a career competition examination by which employees are recruited through a competitive process after publicly announcing the examination to multiple persons who have work experience or qualification corresponding to the job requirements. |
| (4) | To guarantee a fair opportunity to all candidates, a City/Do public agency for social service shall not put unreasonable restrictions on sex, physical condition, appearance, educational background, age, etc. or discriminate against candidates when it recruits new employees pursuant to paragraphs (2) and (3). |
| (5) | Notwithstanding paragraphs (2) and (3), where a City/Do public agency for social service operates a program specified in Article 10 (1) 2 and 3, it may hire social service workers, who were employed by a person who previously established or operated the relevant program, as its employees without an open competitive examination or career competition examination. |
| (6) | Matters necessary for detailed procedures, methods, etc. for recruiting employees under paragraphs (1) through (5) shall be prescribed by the articles of incorporation of a City/Do public agency for social service. |
| Article 23 (Remuneration and Treatment of Executive Officers and Employees) |
| (1) | The remuneration of executive officers and employees of a City/Do public agency for social service shall be paid within the budget based on the grounds specified in statutes and regulations and its articles of incorporation. |
| (2) | The remuneration of executive officers and employees of a City/Do public agency for social service shall be determined within the scope of grounds prescribed in paragraph (1), by reflecting the evaluation results of the performance of programs under Article 10 and the results of evaluating management performance under Article 34 (1). |
| (3) | If necessary in relation to the remuneration of the executive officers and employees of a City/Do public agency for social service, the competent Mayor/Do Governor may determine detailed operation methods, criteria, and procedures within the scope of accounting-related regulations of the relevant City/Do, and notify the City/Do public agency for social service thereof. |
| (4) | The president of a City/Do public agency for social service shall endeavor to improve the treatment and welfare of its employees and shall regularly provide education and training for its employees. |
| Article 24 (Operation of Organization and Quota of Staff) |
A City/Do public agency for social service shall state in its articles of incorporation the matters regarding its organization and the quota of staff and operate within the scope.
The fiscal year of a City/Do public agency for social service shall coincide with the fiscal year of the relevant City/Do.
| Article 26 (Accounting Principles) |
| (1) | A City/Do public agency for social service shall record its accounting transactions on an accrual basis to clarify its management performance and financial conditions. |
| (2) | A City/Do public agency for social service shall maintain separate accounting by area of program. |
| (3) | Other matters necessary for the financial affairs and accounting of a City/Do public agency for social service shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 27 (Submission of Service Plan and Budget Statement) |
| (1) | A City/Do public agency for social service shall prepare a service plan and a budget statement, including a plan for the entrustment of programs under Article 10 (1) 2 and 3, and submit them to the competent Mayor/Do Governor prior to the commencement of each business year for approval. The same shall apply to any amendment thereto. |
| (2) | A Mayor/Do Governor shall refer a service plan submitted by a City/Do public agency for social service under paragraph (1) to the policy deliberation committee of the City/Do public agency for social service established under Article 28 for deliberation on the appropriateness, etc. of the programs included therein before approving the service plan. |
| (3) | At the end of each fiscal year, a City/Do public agency for social service shall without delay prepare a closing statement for the relevant fiscal year, have such statement audited by a certified public accountant or accounting corporation in accordance with the Certified Public Accountant Act, and submit it to the competent Mayor/Do Governor for approval within three months of the end of the fiscal year. |
| (4) | A City/Do public agency for social service shall submit to the Minister of Health and Welfare its service plan and budget statement approved under paragraph (1) and the closing statement approved under paragraph (3), respectively, within seven days from the date of approval. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the submission, approval, etc. of service plans, budget statement, and closing statement shall be prescribed by Presidential Decree. |
| Article 28 (Policy Deliberation Committee of City/Do Public Agency for Social Service) |
| (1) | A policy deliberation committee of a City/Do public agency for social service (hereinafter referred to as “City/Do policy committee”) shall be established in each City/Do to deliberate on the following matters with respect to a City/Do public agency for social service: |
| 1. | The appropriateness of the scope, types, etc. of programs of a City/Do public agency for social service under Article 10 (1); |
| 2. | The appropriateness of the entrustment of programs under Article 11 (2). |
| (2) | A City/Do policy committee shall be comprised of up to 15 members, including one chairperson. |
| (3) | Members of a City/Do policy committee shall be appointed or commissioned by the Mayor/Do Governor. In such cases, at least one person from each of the following categories shall be included: |
| 1. | Persons who have extensive knowledge of and experience in social services; |
| 2. | Persons recommended by organizations representing institutions providing social services; |
| 3. | Persons recommended by organizations representing social service workers; |
| 4. | Executive officers and employees of a City/Do public agency for social service under Article 15 (1); |
| 5. | Persons recommended by a civic group; |
| 6. | Public officials in charge of affairs of a City/Do or a Si/Gun/Gu (referring to an autonomous Gu) under the jurisdiction of a City/Do. |
| (4) | Other matters necessary for the composition, operation, etc. of a City/Do policy committee shall be prescribed by ordinance of the relevant City/Do. |
The State or a local government may contribute or subsidize expenses necessary for establishing and operating a City/Do public agency for social service within the budget.
| Article 30 (Financial Resources) |
A City/Do public agency for social service shall be operated with contributions, subsidies, and other income from the State or local governments.
CHAPTER III ESTABLISHMENT AND OPERATION OF KOREA CENTRAL PUBLIC AGENCY FOR SOCIAL SERVICE
| Article 31 (Establishment of Korea Central Public Agency for Social Service) |
| (1) | The Minister of Health and Welfare may establish and operate the Korea Central Public Agency for Social Service to enhance the quality of social services and to support the establishment and operation of City/Do public agencies for social service. |
| (2) | The Korea Central Public Agency for Social Service shall be a corporation and shall be established at the time it registers such establishment at the location of its main office. |
| (3) | The State may contribute or subsidize expenses necessary for establishing and operating the Korea Central Public Agency for Social Service, within the budget. |
| (4) | The Korea Central Public Agency for Social Service shall be operated with contributions, subsidies, or other income from the State. |
| (5) | The Minister of Health and Welfare shall formulate standards for the establishment, operation, etc. of the Korea Central Public Agency for Social Service. |
| (6) | Matters necessary for the establishment, registration of establishment, of the Korea Central Public Agency for Social Service, the payment, use, etc. of contributions shall be prescribed by Presidential Decree. |
| Article 32 (Duties of Korea Central Public Agency for Social Service) |
The Korea Central Public Agency for Social Service shall perform the following duties:
| 1. | Support, management, evaluation, etc. to improve the quality of social services; |
| 2. | Support for the formulation of master plans; |
| 3. | Research on, survey and development of plans for the supply of and demand for social services and policies related to social services; |
| 4. | Programs for improving the treatment, etc. of social service workers; |
| 5. | Programs for protecting the rights and interests of social service users; |
| 6. | Counseling, advice, and support necessary for the establishment and operation of a City/Do public agency for social service; |
| 7. | Publicity about policies of the Korea Central Public Agency for Social Service and City/Do public agencies for social service, and the provision of and support for education for employees of City/Do public agencies for social service; |
| 8. | Programs entrusted by this Act or other statutes in relation to social services; |
| 9. | Other programs deemed necessary by the Minister of Health and Welfare to enhance the public nature of social services. |
| Article 33 (Operation of Korea Central Public Agency for Social Service) |
Except as provided in Articles 31 and 32, Articles 13 through 17, 18 (1) and (4), 20, 24 through 26, and 27 (excluding paragraph (4)) shall apply mutatis mutandis to the operation, etc. of the Korea Central Public Agency for Social Service. In such cases, "City/Do public agency for social service" shall be construed as "Korea Central Public Agency for Social Service"; "Mayor/Do Governor" as "Minister of Health and Welfare"; and "City/Do" as "Government."
CHAPTER IV EVALUATION OF MANAGEMENT PERFORMANCE
| Article 34 (Evaluation of Management Performance) |
| (1) | The Minister of Health and Welfare shall evaluate the management performance of City/Do public agencies for social service each year. |
| (2) | The Minister of Health and Welfare shall conduct an annual evaluation of work performance (hereinafter referred to as "evaluation of work performance") of the president of a City/Do public agency for social service, in addition to the evaluation of management performance under paragraph (1) (hereinafter referred to as "management evaluation”). |
| (3) | If necessary for management evaluation and the evaluation of work performance (hereinafter referred to as "management evaluation, etc."), the Minister of Health and Welfare may request a City/Do public agency for social service to submit relevant materials. In such cases, the City/Do public agency for social service requested to submit data shall comply therewith, in the absence of good cause. |
| (4) | Management evaluation, etc. shall reflect whether the public agency for social service has contributed to promoting the welfare of citizens, such as enhancing social services, improving the quality of social services, and creating quality jobs, and whether it has complied with the standard operating guidelines provided in Article 37 (1). |
| (5) | Upon conducting management evaluation, etc. of a City/Do public agency for social service, the Minister of Health and Welfare shall notify the Mayor/Do Governor of the results thereof. In such cases, the Mayor/Do Governor who has been notified of the results shall take necessary measures based on the results. |
| (6) | The Minister of Health and Welfare and a Mayor/Do Governor may provide a City/Do public agency for social service with necessary guidance, advice, or recommendations based on the results of management evaluation, etc. |
| (7) | The Minister of Health and Welfare may entrust affairs related to management evaluation, etc. to the Korea Central Public Agency for Social Service. |
| (8) | Matters necessary for the procedures, methods, standards, etc. for management evaluation, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 35 (Management Disclosure) |
| (1) | A City/Do public agency for social service shall disclose the following matters on its website (hereinafter referred to as "management disclosure"): |
| 1. | The service plan and budget statement for the relevant year; |
| 2. | The closing statement for the previous year; |
| 3. | The status of executive officers and employees in the previous year; |
| 4. | Personnel budget for the previous year and implementation thereof; |
| 5. | The level of achievement under the terms and conditions of the performance-based contract under Article 21; |
| 6. | Results of an accounting audit under Article 27 (3); |
| 7. | Results of management evaluation, etc.; |
| 8. | Where the City/Do public agency for social service is audited by an external institution, results of such audit, required measures, and outcomes of implementation. |
| (2) | Matters necessary for the timing of, procedures, etc. for management disclosure shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 36 (Consolidated Disclosure of Results of Management Evaluation) |
| (1) | The Minister of Health and Welfare may standardize, consolidate, and disclose the results of the management evaluation of City/Do public agencies for social service. |
| (2) | Matters necessary for the standards for, timing of, methods, etc., for consolidated disclosure referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 37 (Formulation of Standard Operating Guidelines) |
| (1) | The Minister of Health and Welfare may determine standard operating guidelines for City/Do public agencies for social service (hereinafter referred to as "standard operating guidelines") applicable to City/Do public agencies for social service, including the following: In such cases, where deemed necessary by the Minister of Health and Welfare for the efficient operation of a City/Do public agency for social service, he or she may hear opinions from the heads of relevant central administrative agencies and Mayors/Do Governors in advance: |
| 1. | Matters regarding organizational operations, quota of staff, and personnel management; |
| 2. | Matters regarding the preparation of the budget statement, implementation thereof, and the management of funds; |
| 3. | Matters regarding the performance of affairs of a City/Do public agency for social service. |
| (2) | Upon determining standard operating guidelines, the Minister of Health and Welfare shall notify Mayors/Do Governors and the presidents of City/Do public agencies for social service thereof. |
| (3) | The president of a City/Do public agency for social service notified of the standard operating guidelines pursuant to paragraph (2) may establish separate operating guidelines for a City/Do public agency for social service, following deliberation by the board of directors. In such cases, the president of a City/Do service provider shall reflect the details of the standard operating guidelines to the maximum extent possible. |
| (4) | The Minister of Health and Welfare may entrust the affairs related to the formulation and amendment of standard operating guidelines to the Korea Central Public Agency for Social Service. |
| Article 38 (Establishment and Operation of Information Systems) |
| (1) | The Minister of Health and Welfare may build and operate an integrated support system for public agencies for social service by interlinking and utilizing the information systems under Article 6-2 (1) of the Social Welfare Services Act, as prescribed by Presidential Decree, to efficiently collect, record, process, and manage data or information related to the performance of affairs by City/Do public agencies for social service or the Korea Central Public Agency for Social Service. |
| (2) | In order to efficiently operate the integrated support system for public agencies for social service under paragraph (1), the Minister of Health and Welfare may entrust the affairs related to the establishment and operation thereof to relevant specialized institutions, as prescribed by Presidential Decree. |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 39 (Application Mutatis Mutandis of Other Statutes) |
| (1) | Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations and the Act on Local Investment and Funding shall apply mutatis mutandis to City/Do public agencies for social service. |
| Article 40 (Prohibition of Use of Similar Names) |
No person, other than a City/Do public agency for social service or the Korea Central Public Agency for Social Service under this Act, shall use the title “Public Agency for Social Service” or any other title similar thereto.
| Article 41 (Delegation or Entrustment of Authority or Affairs) |
| (1) | Part of the authority of the Minister of Health and Welfare under this Act may be delegated to a Mayor/Do Governor, as prescribed by Presidential Decree. |
| (2) | Some of the affairs of the Minister of Health and Welfare and a Mayor/Do Governor under this Act may be delegated to the Korea Central Public Agency for Social Service, City/Do public agencies for social service, or relevant specialized institutions, as prescribed by Presidential Decree. |
| Article 42 (Guidance and Supervision) |
| (1) | The Minister of Health and Welfare shall manage and supervise the affairs of the Korea Central Public Agency for Social Service, and a Mayor/Do Governor shall manage and supervise the affairs of a City/Do public agency for social service. |
| (2) | If necessary, the Minister of Health and Welfare may order the Korea Central Public Agency for Social Service or a City/Do public agency for social service to submit reports or relevant documents regarding its affairs or require a public official under his or her control to enter the office or facilities of the Korea Central Public Agency for Social Service or a City/Do public agency for social service to conduct an inspection or investigation or to make an inquiry. |
| (3) | If necessary, a Mayor/Do Governor may require the City/Do public agency for social service under his or her jurisdiction to submit reports or relevant documents regarding its affairs or require a public official under his or her control to enter the office or facilities of the City/Do public agency for social service to conduct an inspection or investigation or to make an inquiry. |
| (4) | Any public official who conducts an investigation or inspection pursuant to paragraphs (2) and (3) shall carry identification indicating his or her authority and present it to relevant persons. |
| (5) | A person requested to submit a report or relevant documents under paragraphs (2) and (3) shall comply therewith unless there is a compelling reason not to do so. |
| (6) | If necessary for supervision, the Minister of Health and Welfare or a Mayor/Do Governor may order the Korea Central Public Agency for Social Service or a City/Do public agency for social service to take corrective measures necessary for the improvement of management, such as amending the articles of incorporation or regulations and restructuring organization, or may order other necessary dispositions. |
| Article 43 (Acceptance of Donations) |
| (1) | A City/Do public agency for social service may accept donations voluntarily made to the extent that they satisfy the purpose of its programs. |
| (2) | A City/Do public agency for social service shall manage donations accepted pursuant to paragraph (1), in a separate account. |
| (3) | Matters necessary for the procedures, methods, etc. for accepting donations shall be prescribed by Presidential Decree. |
| Article 44 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
Persons who are not public officials among the members of a City/Do public agency for social service or the Korea Central Public Agency for Social Service shall be deemed public officials for purposes of applying Articles 129 through 132 of the Criminal Act.
CHAPTER VI? PENALTY PROVISIONS
| Article 45 (Administrative Fines) |
| (1) | Any person who uses the title “Public Agency for Social Service” or a title similar thereto, in violation of Article 40, shall be subject to an administrative fine not exceeding three million won. |
| (2) | An administrative fine under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare or a Mayor/Do Governor, as prescribed by Presidential Decree. |
ADDENDA <Act No. 18467, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Preparation for Establishment of Korea Central Public Agency for Social Service)
| (1) | The Minister of Health and Welfare may establish a committee for the establishment of the Korea Central Public Agency for Social Service (hereinafter referred to as "establishment committee") to handle affairs regarding the establishment of the Korea Central Public Agency for Social Service. |
| (2) | The establishment committee shall consist of up to 10 establishment committee members appointed or commissioned by the Minister of Health and Welfare, and the chairperson of the establishment committee shall be the Deputy Minister of Health and Welfare. |
| (3) | The first executive officers of the Korea Central Public Agency for Social Service shall be appointed by the Minister of Health and Welfare, from among multiple candidates recommended by the establishment committee. |
| (4) | The establishment committee shall prepare the articles of incorporation of the Korea Central Public Agency for Social Service and obtain permission therefor from the Minister of Health and Welfare. |
| (5) | Upon the appointment of executive officers, the establishment committee shall without delay register establishment and shall transfer affairs to the president of the Korea Central Public Agency for Social Service. |
| (6) | The establishment committee and the members thereof shall be deemed dissolved or dismissed or decommissioned, upon completing the transfer of their affairs under paragraph (5). |
| (7) | The Minister of Health and Welfare shall establish an office for the promotion of the establishment of the Korea Central Public Agency for Social Service to assist the establishment committee, and may dispatch public officials under his or her control to the office for the promotion of the establishment of the Korea Central Public Agency for Social Service to handle affairs regarding the establishment of the Korea Central Public Agency for Social Service. |
| (8) | Expenses incurred in operating the establishment committee shall be borne by the State. |
Article 3 (Preparation for Establishment of City/Do Public Agency for Social Service)
| (1) | A Mayor/Do Governor may establish an establishment committee of a City/Do public agency for social service, to handle affairs regarding the establishment of the City/Do public agency for social service. |
| (2) | The establishment committee of a City/Do public agency for social service shall be comprised of up to 10 members appointed or commissioned by the Mayor/Do Governor, and the vice mayor or vice governor of the City/Do (referring to the vice mayor or vice governor exercising overall control over administrative affairs) shall be the chairperson of the establishment committee. |
| (3) | Except as provided in paragraphs (1) and (2), Article 2 (3) through (8) of the Addenda shall apply mutatis mutandis to preparation, etc. for establishing a City/Do public agency for social service. In such cases, "Korea Central Public Agency for Social Service" shall be construed as "City/Do public agency for social service"; "establishment committee" as "establishment committee for the City/Do public agency for social service"; and "Minister of Health and Welfare" as "Mayor/Do Governor"; and "State" as "local government." |
Article 4 (Applicability to Preferential Entrustment of Programs)
| (1) | Preferential entrustment under Article 11 (2) 1 shall begin to apply to institutions providing social services newly established after this Act enters into force. |
| (2) | Preferential entrustment under Article 11 (2) 2 shall begin to apply where the punishment of an executive officer or employee of an institution providing social services is finalized after this Act enters into force. |
Article 5 (Special Cases concerning Date from which Term of Office of Executive Officers Are Counted)
The date from which the term of office of an executive officer of the Korea Central Public Agency for Social Service and a City/Do public agency for social service to be established after this Act enters into force is counted shall be the date the establishment of the Korea Central Public Agency for Social Service and City/Do public agencies for social service is registered.
Article 6 (Special Cases concerning Submission of Service Plans)
Notwithstanding Article 27, a service plan and budget statement of the Korea Central Public Agency for Social Service or a City/Do public agency for social service, which is in operation after its establishment after this Act enters into force, shall be submitted within two months from the date of registration of its establishment. Article 7 (Transitional Measures concerning Previous Corporation)
| (1) | A foundation incorporated with permission of the Minister of Health and Welfare under the Civil Act, the Act on the Establishment and Operation of Public Interest Corporations, the Act on Local Investment and Funding, etc., which performs affairs similar to those of a City/Do public agency for social service (hereinafter referred to as "previous corporation") as at the time this Act enters into force, shall be deemed a City/Do public agency for social service established pursuant to Article 7. In such cases, the previous corporation shall amend its articles of incorporation in compliance with the requirements of this Act and obtain permission from the competent Mayor/Do Governor within six months from the enforcement date of this Act. |
| (2) | The executive officers and employees of the previous corporation shall be deemed selected or appointed as the executive officers and employees of a City/Do public agency for social service. In such cases, the executive officers shall hold office for the remaining term of office of the executive officers of the previous corporation. |
| (3) | Qualifications referred to in Article 16 (2) shall not apply to executive officers of the previous corporation. |
| (4) | The rights and duties of the previous corporation shall be universally succeeded by a City/Do public agency for social service. The name of the previous corporation indicated in the register and other official records shall be deemed the name of a City/Do public agency for social service. |
| (5) | Any act done by or against the previous corporation shall be deemed an act done by or against a City/Do public agency for social service. |
| (6) | Services entrusted to the previous corporation before this Act enters into force shall be deemed services entrusted to a City/Do public agency for social service. |