ENFORCEMENT DECREE OF THE ACT ON THE PROTECTION AND SUPPORT OF MISSING CHILDREN
Presidential Decree No. 19155, Nov. 30, 2005
Amended by Presidential Decree No. 19563, jun. 29, 2006
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 20939, Jul. 24, 2008
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22341, Aug. 13, 2010
Presidential Decree No. 22906, Apr. 22, 2011
Presidential Decree No. 23270, Oct. 28, 2011
Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 24868, Nov. 20, 2013
Presidential Decree No. 25515, Jul. 28, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 27972, Mar. 29, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28823, Apr. 24, 2018
Presidential Decree No. 29886, jun. 25, 2019
Presidential Decree No. 31099, Oct. 8, 2020
Presidential Decree No. 31734, jun. 8, 2021
| Article 1-2 (Missing Children’s Day and Missing Children’s Week) |
| (1) | Where the State and local governments hold events to mark Missing Children’s Day and Missing Children’s Week under Article 3-2 (2) of the Act on the Protection and Support of Missing Children (hereinafter referred to as the "Act"), they may select and grant awards to individuals or organizations for their contribution to the prevention, recovery and return of missing children, etc. |
| (2) | The State and local governments may conduct education and publicity campaigns regarding procedures and methods for reporting the recovery of missing children, etc., the prevention of missing of children, etc., pursuant to Article 3-2 (2) of the Act. |
[This Article Newly Inserted on Oct. 8, 2020]
| Article 2 (Entrustment of Work Related to Missing Child) |
| (2) | Pursuant to Article 5 (1) of the Act and paragraph (1) of this Article, the Minister of Health and Welfare shall entrust the National Center for the Rights of the Child established under Article 10-2 of the Child Welfare Act (hereinafter referred to as the "National Center for the Rights of the Child") and the Central Dementia Center with the following: |
| (a) | A child under the age of 18 at the time he or she goes missing; |
[This Article Wholly Amended on Oct. 8, 2020]
| Article 3 (Operation of Specialized Institution) |
| (1) | The National Center for the Rights of the Child, a corporation or an organization entrusted by the Minister of Health and Welfare pursuant to Article 5 (1) of the Act (hereinafter referred to as "specialized institution") shall establish regulations on organization, personnel management, benefits, accounting, goods, and other necessary business operations to manage work accordingly and shall furnish documents prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Mar. 15, 2010; Oct. 8, 2020> |
| (2) | The Minister of Health and Welfare may subsidize all or some of the expenses incurred in operating specialized institutions. <Amended on Feb. 29, 2008; Mar. 15, 2010; Oct. 8, 2020> |
| Article 3-2 (Building and Operation of Database of Information, Such as Fingerprints Previously Reported) |
| (1) | Where necessary for registering and managing information on the fingerprints, faces, etc. of children, etc. pursuant to Article 7-2 of the Act (hereinafter referred to as "information, such as fingerprints") in a database, the Commissioner General of the Korean National Police Agency may build and operate a pre-registration system. |
| (2) | The Commissioner General of the Korean National Police Agency, who has registered information, such as fingerprints pursuant to Article 7-2 (1) of the Act, shall shred or incinerate the relevant application without delay pursuant to paragraph (2) of that Article, and shall record such fact in the register of destruction of applications prescribed by Ordinance of the Ministry of the Interior and Safety. In such cases, he or she shall inform a guardian who has applied for the registration of such information before the application is shredded or incinerated, of the destruction of the application and methods for verifying the registered information, such as fingerprints. <Newly Inserted on Apr. 24, 2018> |
| (3) | The Commissioner General of the Korean National Police Agency shall destroy information, such as fingerprints, of a child, etc. referred to in paragraph (1) without delay, in any of the following cases: <Amended on Nov. 20, 2013; Apr. 24, 2018> |
| 1. | Where a child, etc. reaches the age of 18: Provided, That this shall not apply to a person with an intellectual, autistic or mental disability defined in subparagraph 1 (b) of Article 2 of the Act, and a dementia patient under subparagraph 1 (c) of Article 2 of the Act; |
| 2. | Where a guardian requests that information, such as fingerprints, of a child, etc. be destroyed. |
[This Article Newly Inserted on Feb. 3, 2012]
| Article 3-3 (Registration and Management of Information, Such as Fingerprints, of Missing Child) |
| (1) | The Commissioner General of the Korean National Police Agency may register, manage and utilize information, such as fingerprints, of a missing child, etc. under Article 7-3 of the Act in a database on a pre-registration system pursuant to Article 3-2 (1). |
| (2) | In any of the following cases, the Commissioner General of the Korean National Police Agency shall destroy information, such as fingerprints, of a missing child, etc. under paragraph (1) without delay; in such cases, where a missing child, etc. referred to in subparagraph 2 or the proviso of subparagraph 3 is a minor, a person of mental unsoundness, or a mentally weak person, a request from not only the person but also his or her legal representative shall be made to destroy such information, and where a request from the person is unavailable due to his or her mental unsoundness, mental weakness, a lack of mental capacity, or any reason similar thereto,, the request from that person may be omitted: |
| 1. | Where a missing child, etc. has identified his or her guardian; |
| 2. | Where requested by a missing child, etc. or his or her legal representative; |
| 3. | Where 10 years have passed since the date of registration of information, such as fingerprints: Provided, That where a missing child, etc. or his or her legal representative requests the period be extended, such period may be extended until the guardian of such missing child, etc. is identified. |
[This Article Newly Inserted on Feb. 3, 2012]
| Article 4 (Measures to Protect Information Related to Missing Child, and Disclosure and Perusal Thereof) |
| (1) | In building and operating a database containing personal cards under Article 8 of the Act, the head of a specialized institution shall build information recovery systems, install intrusion prevention devices, and take other necessary measures to ensure the protection of information or data. |
| (2) | To recover and identify a missing child, etc., the head of a specialized institution may disclose his or her name, photographs, date of missing, circumstances surrounding missing, etc. on the Internet, in daily newspapers or on any other media platform. In such cases, if requested by the guardian, the head of the specialized institution shall disclose such information. |
| (3) | Where a missing child, etc., his or her guardian or relative, or the head of a protective shelter requests the perusal of a personal card for the purpose of recovering and identifying the missing child, etc. or his or her guardian, the head of a specialized institution shall comply with such request. <Amended on Feb. 29, 2008; Mar. 15, 2010> |
| Article 4-2 (Building and Operation of Information System) |
| (1) | The Commissioner General of the Korean National Police Agency may register and manage information on the receipt and handling of a missing report regarding a missing child, etc., and other information necessary for the prompt recovery of the missing child, etc., in a database on an information system under Article 8-2 (1) of the Act, in order to use such information for the prompt reporting and recovery of the missing child, etc. |
| (2) | The scope of personal information of missing children, etc. retained by an information system for social welfare under Article 6-2 (2) of the Social Welfare Services Act, which the Commissioner General of the National Police Agency may utilize in connection with the information connection system pursuant to Article 8-2 (2) of the Act, shall be as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Name, resident registration number and other personal information; |
| 2. | Fingerprints and facial photos; |
| 3. | Height, weight, stature, facial bone structure, hair color, scars and other physical characteristics; |
| 4. | Records of admission to and discharge from a protective shelter and moving from one protective shelter to another; |
| 5. | Other information prescribed by Ordinance of the Ministry of the Interior and Safety, which is necessary to recover a missing child, etc. |
[This Article Newly Inserted on Feb. 3, 2012]
[Previous Article 4-2 moved to Article 4-4 <Feb. 3, 2012>]
| Article 4-3 (Methods and Procedures for Requesting Personal Location Information) |
| (1) | Where the head of a police agency requests that a person falling under the subparagraphs of Article 9 (2) of the Act (hereafter in this Article, referred to as "location information provider, etc.") provide personal location information, etc. necessary to locate a missing child, etc. under the former part of that paragraph (hereafter in this Article, referred to as "personal location information, etc.”), he or she shall obtain the consent of the guardian of such missing child, etc.: Provided, That if it is impracticable to obtain the prior consent of the guardian for reasons such as loss of contact with the guardian, the head of the police agency may request that personal location information, etc. be provided before obtaining the consent of the guardian. <Amended on Apr. 24, 2018> |
| (2) | Where the head of a police agency intends to request that personal location information, etc. be provided pursuant to paragraph (1), he or she may verify the following information from the guardian of a missing child, etc. (where a person who is not a guardian files a missing report, including the person who filed the report; hereafter in this paragraph, the same shall apply): <Amended on Apr. 24, 2018> |
| 2. | Name and contact information of a guardian, and his or her relationship with the missing child, etc.; |
| 3. | Last known location, latest developments, and other matters necessary for requesting the provision of personal location information, etc. |
| (3) | Where the head of a police agency requests that personal location information defined in subparagraph 2 of Article 2 of the Act on the Protection and Use of Location Information (hereafter in this paragraph, referred to as "personal location information") be provided pursuant to paragraph (1), he or she shall use a location information system under subparagraph 8 of that Article (hereafter in this paragraph, referred to as "location information system”) to make a request, and where a location information provider under Article 5 (7) of that Act provides such personal location information as requested by the head of a police agency, he or she shall use the location information system to provide the information. <Amended on Apr. 24, 2018> |
| (4) | Where the head of a police agency requests that personal location information, etc. be provided pursuant to paragraph (1), he or she shall record the date of the request and the details of the personal location information, etc. provided by the location information provider, etc. and shall retain such records. <Amended on Apr. 24, 2018> |
| (5) | Where the head of a police agency has achieved the purpose of using personal location information, etc. which was provided to recover a missing child, etc. pursuant to Article 9 (2) of the Act, he or she shall destroy such information without delay pursuant to paragraph (4) of that Article by the following methods, and record such fact in the register of destruction of personal location information, etc.: <Newly Inserted on Apr. 24, 2018> |
| 1. | In cases of personal information in electronic files: Delete permanently and irrecoverably; |
| 2. | In cases of records, printouts, paper documents, and other media containing personal information, other than those referred to in subparagraph 1: Shred or incinerate. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for methods and procedures for requesting or destroying personal location information, etc. shall be prescribed by Ordinance of the Ministry of the Interior and Safety. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Apr. 24, 2018> |
[This Article Newly Inserted on Feb. 3, 2012]
[Title Amended on Apr. 24, 2018]
| Article 4-4 (Standards for Information and Communications Services Provider) |
| (1) | "Provider who meets the standards prescribed by Presidential Decree" in Article 9 (2) 2 of the Act means the following: <Amended on Jun. 25, 2019> |
| 2. | Deleted; <Jun. 25, 2019> |
[This Article Newly Inserted on Apr. 24, 2018]
[Previous Article 4-4 moved to Article 4-5 <Apr. 24, 2018>]
| Article 4-5 (Missing or Abduction Alert) |
| (1) | If necessary for engaging the public in the search for or investigation into a missing child, etc., the Commissioner General of the Korean National Police Agency may build and operate a system to issue alerts for a missing child, etc. |
| (2) | "Key telecommunications business operator prescribed by Presidential Decree" in Article 9-2 (2) 1 of the Act means a telecommunications business operator who provides mobile telephone services, or trunked radio system services for at least 100,000 subscribers, among services rendered with allocated frequencies. |
| (3) | "Key providers of information and communications services prescribed by Presidential Decree" in Article 9-2 (2) 2 of the Act means the following providers of information and communications services: |
| 1. | A person whose services attract at least 100,000 daily users on average for the three months immediately preceding the end of the preceding year; |
| 2. | A person whose sales from information and telecommunications services reach at least one billion won for the preceding year (if the person is a corporation, referring to the preceding business year). |
| (4) | Where it is necessary to engage the public in the search for or investigation into a missing child, etc. to ensure the prompt recovery and return of the missing child, etc., and where the guardian of the child gives consent to the actions referred to in the subparagraphs of Article 9-2 (2) of the Act, the Commissioner General of the Korean National Police Agency may issue a missing or abduction alert in accordance with the following classifications; in such cases, he or she may hear the opinions of a criminal psychology expert, if necessary: |
| 1. | Missing alert: Where a missing report regarding a missing child, etc. who has not frequently run away from home and whose life or body is likely to be endangered is filed with a police agency; |
| 2. | Abduction alert: Where an abduction report on a missing child, etc. regarding whom evidence or clues exist indicating that the missing child, etc. has been abducted or kidnapped is filed with a police agency. |
| (5) | Where the Commissioner General of the Korean National Police Agency issues a missing or abduction alert pursuant to paragraph (4), he or she shall determine the areas and media platforms, to and through which such alert is to be issued. In such cases, the areas and media platforms may be changed, if necessary. |
| (6) | Where the Commissioner General of the Korean National Police Agency deems it necessary to suspend the issuance of a missing or abduction alert under paragraph (4), he or she may lift the alert: Provided, That where the guardian of a missing child, etc. requests that such missing or abduction alert be lifted, he or she shall comply therewith. |
| (7) | Where the Commissioner General of the Korean National Police Agency issues a missing or abduction alert pursuant to paragraph (4) and requests that the actions referred to in the subparagraphs of Article 9-2 (2) of the Act be taken, he or she may provide the telecommunications business operator, information and communications services provider, and broadcasting business operator so requested with the following information pertaining to a missing child, etc. (hereafter in this Article, referred to as "disclosed information"): |
| 1. | Personal information of a missing child, etc.; |
| 2. | Latest developments in a missing or abduction case; |
| 3. | Issuance of a missing or abduction alert; |
| 4. | Requests to citizens for cooperation and other matters necessary for the return of a missing child, etc. |
| (8) | If necessary for building and operating a system to engage the public in the search for or investigation into a missing child, etc., the Commissioner General of the Korean National Police Agency may conclude an agreement with an institution or organization, such as a public institution, a financial institution and a newspaper company, to request that the relevant institution or organization post and transmit the disclosed information through electric signboards, broadcasting, etc., upon the issuance of a missing or abduction alert pursuant to paragraph (4). In such cases, with respect to a request to post and transmit disclosed information, he or she shall obtain the consent of the guardian of the missing child, etc. |
| (9) | Except as provided in paragraphs (1) through (8), details regarding the issuance of a missing or abduction alert shall be determined by the Commissioner General of the Korean National Police Agency. |
[This Article Wholly Amended on Jun. 8, 2021]
| Article 4-6 (Size and Type of Public-Use Facility) |
| (1) | "Facility or place the size of which is prescribed by Presidential Decree" in Article 9-3 (2) of the Act means the following: <Amended on Mar. 29, 2017> |
| (a) | An amusement facility with a total site area of at least 10,000 square meters; |
| (b) | An amusement facility with a total floor area of at least 10,000 square meters; |
| 3. | Any of the following stations among the urban railroad stations defined in subparagraph 3 (a) of Article 2 of the Urban Railroad Act (including passageways, waiting rooms, platforms and transfer passageways and facilities appurtenant thereto): |
| (a) | A station with a total floor area of at least 10,000 square meters; |
| 6. | A passenger facility with a total floor area of at least 5,000 square meters among the harbor facilities defined in subparagraph 5 of Article 2 of the Harbor Act; |
| (a) | A specialized sports facility with at least 5,000 seats; |
| (b) | A specialized sports facility for professional sports; |
| 9. | A facility or place with at least 1,000 seats, including a hall to host performances under the Public Performance Act; |
| 11. | Any of the following places where a local government hosts a local festival for promoting cultural sports tourism: |
| (a) | A place with a total site area of at least 10,000 square meters; |
| (b) | A place with a total floor area of at least 10,000 square meters; |
| 12. | A facility or place falling under any subparagraph of paragraph (2). |
| 1. | A race track under Article 4 of the Korean Racing Authority Act; |
[This Article Newly Inserted on Jul. 28, 2014]
[Article moved from Article 4-5 <Apr. 24, 2018>]
| Article 5 (Genetic Testing Institution) |
"Institution specializing in genetic testing, which is prescribed by Presidential Decree" in Article 11 (2) of the Act means the National Forensic Service. <Amended on Aug. 13, 2010>
| Article 6 (Procedures for Genetic Testing) |
| (1) | Where the Commissioner General of the National Police Agency takes samples for genetic testing pursuant to Article 11 (1) of the Act (hereinafter referred to as “test sample”), he or she shall send, to the head of a specialized institution, a document containing the personal information of the relevant testee, the test samples and a copy of the written consent. <Amended on Jul. 24, 2008> |
| (2) | The head of a specialized institution shall allocate serial numbers to the test samples among the data he or she has received pursuant to paragraph (1), and send them to the President of the National Forensic Service without delay. <Amended on Jul. 24, 2008; Aug. 13, 2010> |
| (3) | The Commissioner General of the National Police Agency shall keep the written consent he or she received under Article 11 (4) of the Act for 10 years. <Amended on Jul. 24, 2008> |
| Article 7 (Resampling from Test Sample) |
The President of the National Forensic Service may request that the head of a specialized institution resample the relevant test samples, and the head of the specialized institution may request that the Commissioner General of the National Police Agency resample the test samples after verifying the serial numbers of the relevant test samples, in any of the following cases: <Amended on Aug. 13, 2010>
| 1. | Where the findings of genetic testing indicate that the genes found in a test sample match those of a missing child, etc. and so it is necessary to confirm whether the test sample belongs to the missing child, etc.; |
| 2. | Where genetic testing cannot be conducted due to the contamination of or damage to the test sample. |
| Article 8 (Return of Missing Child) |
Where the Commissioner General of the Korean National Police Agency, the head of a local government, or the head of a specialized institution identifies the guardian of a missing child, etc., he or she shall promptly take measures necessary for returning the missing child, etc.: Provided, That the Commissioner General of the Korean National Police Agency or the head of a local government may choose not to proceed with the return procedure in consultation with the head of a specialized institution, where the guardian falls under any of the following or where any reason prescribed by Ordinance of the Ministry of Health and Welfare exists: <Amended on Feb. 29, 2008; Mar. 15, 2010; Nov. 20, 2013>
| Article 8-2 (Processing of Sensitive Information or Personally Identifiable Information) |
[This Article Newly Inserted on Feb. 3, 2012]
| Article 9 (Standards for Imposing Administrative Fines) |
[This Article Wholly Amended on Jul. 24, 2008]
| Article 10 (Re-Examination of Regulation) |
The Minister of Health and Welfare shall examine the appropriateness of the size, types, etc. of publicly-used facilities under Article 4-6 every three years, counting from July 29, 2014 (referring to the period that ends on the day before July 29 of every third year) and shall take measures, such as making improvements. <Amended on Apr. 24, 2018> [This Article Newly Inserted on Jul. 28, 2014]
ADDENDUM <Presidential Decree No. 19155, Nov. 30, 2005>
This Decree shall enter into force on December 1, 2005.
ADDENDA <Presidential Decree No. 19563, Jun. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2006.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 20939, Jul. 24, 2008>
This Decree shall enter into force on September 22, 2008.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on Mar. 19, 2010. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22341, Aug. 13, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22906, Apr. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23270, Oct. 28, 2011>
This Decree shall enter into force on Oct. 29, 2011.
ADDENDUM <Presidential Decree No. 23617, Feb. 3, 2012>
This Decree shall enter into force on February 5, 2012.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 24868, Nov. 20, 2013>
This Decree shall enter into force on December 5, 2013: Provided, That the amended provisions of the part, with the exception of the subparagraphs, of Article 2, the main clause of Article 3-2 (2) 1, the proviso of Article 8, and subparagraphs 1 through 4 of that Article shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25515, Jul. 28, 2014>
This Decree shall enter into force on July 29, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 5 of the Addenda, amendments to any Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has not yet arrived, shall enter into force on the enforcement date of the respective Presidential Decree. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on Mar. 30, 2017.
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of the Addenda, amendments to any Presidential Decree, which was promulgated before this Decree enters into force but the enforcement date of which has not yet arrived, shall enter into force on the enforcement date of the respective Presidential Decree. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28823, Apr. 24, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 25, 2018.
Article 2 (Applicability to Destruction of Personal Location Information)
The amended provisions of Article 4-3 (5) shall also apply to personal location information, etc. which is being retained as at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 29886, Jun. 25, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 25, 2019.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 31099, Oct. 8, 2020>
This Decree shall enter into force on October 8, 2020.
ADDENDUM <Presidential Decree No. 31734, Jun. 8, 2021>
This Decree shall enter into force on June 9, 2021.