CHILD CARE SUPPORT ACT
Act No. 11288, Feb. 1, 2012
Amended by Act No. 11833, May 28, 2013
Act No. 12531, Mar. 24, 2014
Act No. 13538, Dec. 1, 2015
Act No. 14064, Mar. 2, 2016
Act No. 15270, Dec. 19, 2017
Act No. 17283, May 19, 2020
Act No. 17539, Oct. 20, 2020
Act No. 19129, Dec. 27, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to improve the quality of life of family members through the enhancement of the welfare of children and the reconciliation of work and family life of their guardians and to create a more child-rearing-friendly social environment by supporting the child care of each family.
The terms used in this Act are defined as follows: <Amended on May 19, 2020>
| 1. | The term "child" means a child of 12 years of age or below; |
| 2. | The term "guardian" means a person with parental authority, a custodian, or any other person, who actually protects a child; |
| 3. | The term "child care service" means the service that is individually provided for the protection, rearing, etc. of a child at his or her residence; |
| 4. | The term "child care provider" means a person who is qualified under Article 7 and provides child care service through a child care institute designated under Article 11. |
| 5. | The term "child care helper" means a person who provides child care services without going through a service agency designated under Article 11. |
| Article 3 (Principle of Child Care Support) |
| (1) | The State and local governments shall support child care by putting the best interests of the children first. |
| (2) | The support for child care under paragraph (1) shall be provided so as to satisfy diverse demands of guardians. |
| Article 4 (Support from the State) |
The State and local governments shall support guardians to fulfill their responsibility for the child care.
| Article 4-2 (Formulation of Master Plans) |
| (1) | The Minister of Gender Equality and Family shall formulate a master plan for supporting child care (hereinafter referred to as "master plan") every five years, in consultation with the heads of related central administrative agencies. In such case, the master plan may be formulated as a part of the master plan for healthy family referred to in Article 15 of the Framework Act on Healthy Family. |
| (2) | Where necessary for formulating a master plan, the Minister of Gender Equality and Family may request the heads of related agencies to submit data therefor. In such case, the heads of agencies in receipt of request shall comply therewith, in the absence of good cause. |
[This Article Newly Inserted on May 19, 2020]
CHAPTER II DUTIES OF CHILD CARE PROVIDERS
| Article 5 (Duties and Responsibilities of Child Care Providers) |
| (1) | A child care provider shall perform his or her duties to provide protection and care for children, in accordance with the standards prescribed by the Minister of Gender Equality and Family. |
| (2) | A child care provider shall perform the following duties: |
| 1. | Transport of a child to a medical institution, if any disease or accident occurs to a child; |
| 2. | Provision of safe and nutritionally balanced meals and snacks; |
| 3. | Maintenance of cleanliness and hygiene of a child; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (3) | A child care provider shall not inflict physical or mental pain, including screaming, abusive language on children while performing his or her duties. <Amended on May 19, 2020> |
| (4) | A child care provider shall pay attention as prescribed by Ordinance of the Ministry of Gender Equality and Family for protection of life and safety of children and prevention of danger while performing his or her duties. <Newly Inserted on May 19, 2020> |
| (5) | A child care provider shall respect a guardian’s child rearing policy, and consult with the guardian for emergency measures, etc. <Amended on May 19, 2020> |
[Title Amended on May 19, 2020]
| Article 6 (Grounds for Disqualification) |
None of the following persons shall be eligible to work as a child care provider: <Amended on Dec. 1, 2015; Mar. 2, 2016; May 19, 2020>
| 1. | A minor or an incompetent under the adult guardianship, or a quasi-incompetent under the limited guardianship; |
| 2. | A mentally ill person; |
| 3. | A narcotic, hemp, or psychotropic drug addict; |
| 4. | A bankrupt who has not been reinstated; |
| 5. | A person for whom three years have not passed since the execution of his or her imprisonment without labor or heavier punishment declared by a court was terminated (including cases where such execution is deemed terminated) or exempted; |
| 6. | A person who is subject to suspension of execution of imprisonment without labor or heavier punishment declared by a court; |
| 7-2. | A person who was sentenced to imprisonment without labor or greater punishment for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act and for whom 20 years have not passed since such punishment was completely executed or exempted; |
| 7-3. | A person who was sentenced to suspension of execution of imprisonment without labor or greater punishment for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act and for whom 20 years have not passed since such sentence became final; |
| 7-4. | A person who was sentenced to a fine and for whom 10 years have not passed since such sentence became final; |
| 8. | A person who is subject to the suspension of his or her qualification pursuant to Article 32; |
| 9. | A person for whom two years have not passed since his or her qualification is revoked pursuant to Article 33. |
| Article 6-2 (Inquiries about Criminal Records for Confirmation of Grounds for Disqualification) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu may request the head of an investigative agency to inquire into criminal records of a person who intends to work as a child care provider, to verify whether the person satisfies the grounds for disqualification referred to in Article 6. |
| (2) | The head of an investigative agency requested to inquire about criminal records under paragraph (1) shall comply therewith unless there is good cause to the contrary. |
[This Article Newly Inserted on May 19, 2020]
| Article 7 (Qualifications of Child Care Providers) |
| (1) | A person who intends to be a child care provider shall complete an education course at an educational agency prescribed in Article 9 or obtain the qualification prescribed by Presidential Decree. |
| (2) | The education referred to in paragraph (1) shall include each of the following subparagraphs: <Newly Inserted on May 19, 2020; Dec. 27, 2022> |
| 1. | Education on human rights of children and prevention of child abuse; |
| 2. | Education for safety management of children; |
| 3. | Education for prevention of sexual harassment; |
| 4. | Improvement of personality of child care providers; |
| 5. | Education on understanding, and raising awareness, of children with disabilities; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (3) | A person who intends to be a child care provider shall undergo an aptitude and personality test conducted by the Minister of Gender Equality and Family. <Newly Inserted on May 19, 2020> |
| (4) | The Minister of Gender Equality and Family may entrust the administration of the test referred to in paragraph (3) to a specialized institution, such as a corporation or organization prescribed by Ordinance of the Ministry of Gender Equality and Family. <Newly Inserted on May 19, 2020> |
| (5) | Matters necessary for the education curriculum referred to in paragraph (1) and aptitude and personality tests referred to in paragraph (3) for child care providers shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on May 19, 2020> |
| Article 8 (Prohibition against Name Lending) |
| (1) | A child care provider shall neither permit another person to provide the child care service using his or her name nor lend his or her certificate of completion to another. |
| (2) | A person who is not a child care provider shall be prohibited from using the words "child care provider" or any other similar words in his or her title. |
| Article 9 (Designation of Educational Agencies) |
| (1) | The Mayor/Do Governor shall designate and operate facilities that satisfy designation standards prescribed by Ordinance of the Ministry of Gender Equality and Family as educational agencies for the training of child care providers,. <Amended on Dec. 1, 2015; May 19, 2020> |
| (2) | If an educational agency falls under the following cases, the Mayor/Do Governor may order the suspension of its business or the revocation of its designation: Provided, That in cases falling under subparagraph 1, he or she shall revoke its designation: |
| 1. | Where it has been designated as an educational agency by fraud or other improper means; |
| 2. | Where it does not conform to the designation standards referred to in paragraph (1) any longer; |
| 3. | Where it fails to operate the curricula for at least one year. |
| (3) | The procedures for the designation of educational agencies under paragraph (1) and the specific standards, procedures for the dispositions, etc. under paragraph (2) shall be prescribed by Ordinance of the Minister of Gender Equality and Family. |
| Article 10 (Continuing Education) |
| (1) | The Minister of Gender Equality and Family shall provide continuing education to enhance the quality of child care service and the expertise of child care providers. |
| (2) | The continuing education referred to in paragraph (1) shall include matters in each subparagraph of Article 7 (2). <Newly Inserted on May 19, 2020> |
| (3) | Continuing education referred to in paragraph (1) may be entrusted to specialized agencies <Amended on May 19, 2020> |
| (4) | Matters necessary for the period, method, etc. of continuing education referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on May 19, 2020> |
| Article 10-2 (Health Examination) |
| (1) | Any child care provider shall take a health examination: Provided, That when he or she has taken a health examination in the same details in accordance with other statutes or regulations, he or she shall be deemed to have taken a health examination under this Act. |
| (2) | A metropolitan child care support center referred to in Article 10-4 shall not allow a person who fails to take a health examination under paragraph (1) and a person suffering from a disease that may inflict harm to others to work as a child care provider. |
| (3) | Methods of conducting a health examination and types of diseases referred to in paragraph (2) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted on May 19, 2020]
CHAPTER III AGENCIES PROVIDING CHILD CARE SERVICE
| Article 10-3 (Central Child Care Support Center)) |
| (1) | The Minister of Gender Equality and Family shall designate and operate a central child care support center (hereinafter referred to as "central support center") to promote policies for child care support in an efficient and systematic manner. |
| (2) | The central support center shall perform the following duties: |
| 1. | Research and data publication related to child care support programs; |
| 2. | Developing and distributing manuals for providing child care service; |
| 3. | Developing and distributing educational materials for child care providers; |
| 4. | Management and operation of training and continuing education, including management of educational institutions for child care providers; |
| 5. | Operation of an information system for managing qualifications, history, and employment of child care providers; |
| 6. | Establishment and operation of a nationwide network with related institutions, such as service providing institutions referred to in Article 11; |
| 7. | Education and training for employees of service-providing institutions under Article 11; |
| 8. | Other duties prescribed by Ordinance of the Ministry of Gender Equality and Family regarding the child care support programs. |
| (3) | Standards for human resources, facilities, and equipment necessary for designation under paragraph (1) and specific procedures and methods of application for designation shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted on May 19, 2020]
| Article 10-4 (Metropolitan Child Care Support Center) |
| (1) | A Mayor/Do Governor shall designate and operate a metropolitan child care support center (hereinafter referred to as a "metropolitan support center") to manage child care providers and provide child care services smoothly. |
| (2) | A metropolitan support center shall perform each of the following duties: |
| 1. | Recruitment of child care providers, signing up of employment contracts, and management of their service; |
| 2. | Necessary safety measures, such as taking out indemnity insurance for child care providers and children who have suffered death or injury due to safety accidents while providing child care service; |
| 3. | Formulation of a supply and demand plan of child care providers and adjustment to supply and demand thereof in the region; |
| 4. | Monitoring of the current status of child care services provided in the region; |
| 5. | Management, support, and promotion for services operated by the service-providing institutions under Article 11 in the region; |
| 7. | Other duties the Mayor/Do Governor deems necessary to operate child care service smoothly. |
| (3) | Standards for human resources, facilities, and equipment necessary for designation under paragraph (1) and detailed procedures and methods of application for designation and other similar matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (4) | Where the head of a metropolitan support center intends to change any important matters, he or she shall obtain approval therefor from the competent Mayor/Do Governor; and he or she shall file a report if any insignificant change is made. |
| (5) | Matters necessary for content, procedures, etc. related to paragraph (4) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted on May 19, 2020]
| Article 11 (Designation of Service-Providing Agencies) |
| (1) | A person who intends to establish and operate an agency that provides child care service (hereinafter referred to as "service agency") shall obtain the designation therefor from the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the location of the agency after meeting the standards for facilities, human resources, operation, etc. prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall designate the optimum number of service agencies, taking into consideration the regional distribution and the optimum size of supply, the number of children eligible for the service, etc. |
| (3) | The procedures for the designation of service agencies related to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (4) | Where any important matter is to be changed, the head of a service agency shall obtain the approval therefor from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. He/she shall file a report if any insignificant change is made. |
| (5) | Contents, procedures, etc. related to paragraph (4) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 12 (Providing Information on Child Care Service to Guardians of Children) |
| (1) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall, in order to ensure the service quality, require the heads of service agencies to submit information on the content of service, current status of facilities and human resources, and history of canceled designation of service agency, etc. from and provide them to the guardians of children. <Amended on May 19, 2020> |
| (2) | The head of a service agency may provide the guardian of a child with information including the personal information, career, history of suspension and revocation of qualifications, results of satisfaction survey under Article 18-2 of relevant child care provider. <Newly Inserted on May 19, 2020> |
| (3) | The content, methods, and procedures of service to be informed to guardians under paragraphs (1) and (2), the information on child care providers and providing methods thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on May 19, 2020> |
[Title Amended on May 19, 2020]
| Article 13 (Duties of Service Agencies) |
| (1) | A service agency shall place child care providers affiliated with the metropolitan support center within the service agency. <Amended on May 19, 2020> |
| (2) | No service agency shall reject any request from a guardian to provide its service: Provided, That the same shall not apply where any good cause exists, such as abnormal supply and demand of child care providers. |
| (3) | A service agency shall implement matters prescribed by Ordinance of the Ministry of Gender Equality and Family, such as health care and hygiene control of children in providing its child care service. |
| (4) | Deleted. <May 19, 2020> |
| (5) | A service agency may employ a person with a certificate of an infant-care teacher under Article 21 (2) of the Infant Care Act to provide child care services to families with an infant of not more than 24 months of age. <Newly Inserted on May 28, 2013> |
| (6) | A service agency may instruct a child care provider to provide child care services including additional household chores related to child, upon consultation with the guardian of a child. <Newly Inserted on May 28, 2013> |
| (7) | A service agency may, if necessary, provide child care providers with psychological counseling. <Newly Inserted on May 19, 2020> |
[Title Amended on May 28, 2013]
| Article 13-2 (Preferential Provision of Child Care Services) |
The State or a local government and a service agency shall ensure that child care services are preferentially provided to any of the following persons: Provided, That this shall not apply where any good cause exists, such as a budgetary shortfall or insufficient supply of child care providers: <Amended on Dec. 19, 2017; May 19, 2020; Dec. 27, 2022>
| 7. | Children of a double-income family unable to nurture children appropriately due to employment or activities for living of both parents; |
| 8. | Children of any other person prescribed by Ordinance of the Ministry of Gender Equality and Family in consideration of the level of income, etc. |
[This Article Newly Inserted on May 28, 2013]
| Article 14 (Entering into Standard Form Employment Contract) |
| (1) | A metropolitan support center shall enter into the standard form employment contracts with the child care providers within its control. <Amended on May 19, 2020> |
| (2) | Detailed matters of the standard form employment contract shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on May 19, 2020> |
[Title Amended on May 19, 2020]
| Article 15 (Matters to Be Observed by Guardians) |
A guardian who intends to use the child care service shall agree to and comply with the terms and conditions of a service contract, including the measures to prevent safety accidents.
| Article 16 (Recommendation on Metropolitan Support Centers and Service Agencies) |
Where a metropolitan support center or a service agency intends to close or suspend its business, and as a result, any inconvenience is likely to occur due to the absence of a substitutable service agency or difficulties in using a metropolitan support center nearby, or similar reasons, the Mayor/Do Governor or the head of a Si/Gun/Gu shall recommend the metropolitan support center or service agency to continue its business or take any other necessary measures. <Amended on May 19, 2020>
[This Article Wholly Amended on Dec. 1, 2015]
[Title Amended on May 19, 2020]
| Article 17 (Revocation of Designation) |
| (1) | If the central support center, a metropolitan support center, or a service agency falls under any of the following cases, the Minister of Gender Equality and Family or the Mayor/Do Governor or the head of a Si/Gun/Gu may revoke the designation thereof: Provided, That in cases falling under subparagraph 1 or 5, the designation shall be revoked: <Amended on May 19, 2020> |
| 1. | Where the designation has been obtained by fraud or other improper means; |
| 2. | Where it has failed to meet the designation standards for facilities, human resources, etc. referred to in Articles 10-3 (3), 10-4 (3), and 11 (1); |
| 3. | Where a service agency refuses to provide its service, in violation of Article 13 (2); |
| 4. | Where it has refused, interfered with, or evaded the submission of data, inquiries or inspections referred to in Article 29, has filed a false report, or has submitted false data; |
| 5. | Where it has claimed expenses incurred in providing child care service by fraud or other improper means; |
| 6. | Where it has neglected the management of child care providers under its control, such as failure to take appropriate measures despite the knowledge of child abuse by child care providers affiliated with or posted within itself. |
| (2) | The central support center, a metropolitan support center, or a service agency, the designation of which is revoked under paragraph (1), shall be prohibited from being re-designated as the central support center, a metropolitan support center, or a service agency for a period within three years prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on May 19, 2020> |
| (3) | The procedures, etc. for revocation of designation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[Title Amended on May 19, 2020]
| Article 18 (Management and Evaluation of Metropolitan Support Centers and Service Agencies) |
| (1) | The Minister of Gender Equality and Family may evaluate whether metropolitan support centers and service agencies have been operated appropriately in compliance with the operation standards, etc. referred to in Articles 10-4 (3) and 11 (1), and take necessary measures such as disclosing the evaluation results. <Amended on May 19, 2020> |
| (2) | The Minister of Gender Equality and Family shall strive to improve the level of the services provided by service agencies by continuously managing and assessing the contents of such services. |
| (3) | The Minister of Gender Equality and Family may entrust part of the affairs related to the management and assessment prescribed in paragraphs (1) and (2) to corporations, organizations, or any other specialized agencies. |
| (4) | The methods of evaluation on the operation of the centers and agencies and child care services provided and methods of disclosing the evaluation results under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on May 19, 2020> |
[Title Amended on May 19, 2020]
| Article 18-2 Satisfaction Survey of Child Care Providers) |
| (1) | The Minister of Gender Equality and Family may conduct a survey on guardians' satisfaction level with child care providers, as prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (2) | The Minister of Gender Equality and Family may entrust the operation of satisfaction survey under paragraph (1) to corporations, organizations, or any other specialized agencies prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted on May 19, 2020]
CHAPTER IV CREATION OF NURTURE-FRIENDLY SOCIAL ENVIRONMENT
| Article 19 (Child Care Sharing Center) |
| (1) | The State and local governments may establish and operate the child care sharing centers for the exchange of information related to child rearing, education of parents, etc. in the multi-family housing referred to in subparagraph 3 of Article 2 of the Housing Act. <Amended on Oct. 20, 2020> |
| (2) | The State or a local government may entrust the operation of child care sharing centers established under paragraph (1) to corporations, organizations, or any other specialized agencies. |
| (3) | Matters necessary for the standards of facilities of child care sharing centers, entrustment thereof, and other similar matters shall be prescribed by the Ordinance of the Ministry of Gender Equality and Family. <Amended on May 19, 2020> |
| Article 19-2 (Issuance of Certificates for Verification of Identity of Child Care Helpers) |
| (1) | A person who intends to become a child care helper or who is working as a child care helper may submit the following documents to the Minister of Gender Equality and Family and request the issuance of a certificate for verification of the identity of a child care helper (hereinafter referred to as "certificate"): |
| 1. | A medical examination certificate stating whether the person has a medical history of mental illness or addiction to narcotics, marijuana, or psychotropic substances, which is issued by a hospital-level medical institution designated as a health examination institution pursuant to Article 14 of the Framework Act on Health Examination; |
| 2. | A written application for inquiries about criminal records. |
| (2) | Upon receipt of a request under paragraph (1), the Minister of Gender Equality and Family may issue a certificate in accordance with the procedures and standards prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (3) | Upon receipt of a written application for an inquiry into criminal records under paragraph (1), the Minister of Gender Equality and Family may request the head of an investigative agency to inquire about criminal records. In such cases, the head of an agency upon receipt of request shall comply therewith unless there is good cause. |
[This Article Newly Inserted on May 19, 2020]
CHAPTER V SUPPORT FOR EXPENSES FOR CHILD CARE SERVICE
| Article 20 (Support for Expenses) |
| (1) | The State and a local government may render support for all or part of the expenses incurred in providing child care service to households, the respective income of which is not more than the amount prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| (2) | The expenses referred to in paragraph (1) may be subsidized differentially by taking into consideration the income level of each household, residential area, employment status of parents, etc. |
| (3) | The expenses incurred in providing child care service shall be prescribed and publicly notified by the Minister of Gender Equality and Family, taking into consideration the type of service, circumstances of the relevant region, etc. |
| Article 21 (Child Care Vouchers) |
| (1) | The State and local governments may provide child care vouchers so as to subsidize expenses referred to in Article 20 (1). |
| (2) | The Minister of Gender Equality and Family and the head of a local government may entrust the affairs related to the vouchers prescribed in paragraph (1) to public agencies or civil agencies or organizations. |
| (3) | Mattes necessary for the application for and issuance of the vouchers shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 22 (Application for Support for Expenses) |
| (1) | A guardian may apply for support for expenses incurred in providing child care service under Article 20 (1). |
| (2) | In filing an application under paragraph (1), a guardian shall submit written consent of himself or herself and the household members to the provision of the following data or information: |
| 3. | Insurance premiums paid for any purchased insurance referred to in any subparagraph of Article 4 (1) of the Insurance Business Act, and any other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information"). |
| (3) | Matters necessary for the method and procedure for the application for support for expenses under paragraph (1) and those for the consent under paragraph (2) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 23 (Provision of Financial Information) |
| (5) | No person who engages in or has engaged in the affairs referred to in paragraph (1) or (2) shall use the financial information, etc. acquired while performing his or her duties for any purpose other than that prescribed in this Act, or furnish or divulge it to any other person or agency. |
| (6) | Matters necessary for requests for, or the provision, etc. of financial information, etc. under paragraphs (1), (2), and (4) shall be prescribed by Presidential Decree. |
| Article 24 (Examinations and Inquiries) |
| (1) | The Minister of Gender Equality and Family or the head of a local government may request an applicant for support for expenses and a person who is to receive support, to submit documents necessary to confirm the eligibility for such support or other data related to the income, property, etc., and may allow public officials under his or her control to have access to residence of the applicant for such support and the person who is to receive support and other necessary places and to inspect documents, etc. or make necessary inquiries to the related persons. |
| (2) | The Minister of Gender Equality and Family or the head of a local government may request the heads of related agencies to provide data on national taxes, local taxes, land, building, health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. necessary for the examinations referred to in paragraph (1) or support for expenses. In such cases, the head of an agency upon receipt of such request shall comply therewith unless there is a compelling reason not to do so. |
| (3) | Where an applicant for support for expenses or a person who is to receive support refuses to submit documents or data or refuses, interferes with, or evades any examination or inquiry conducted under paragraph (1), the Minister of Gender Equality and Family or the head of a local government may reject the application for support for expenses or may revoke, suspend or alter the decision for the support. |
| (4) | Matters necessary for the scope, timing, and contents of the examinations and inquiries to be conducted under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 25 (Digitalization of Affairs Related to Support for Expenses) |
| (1) | The Minister of Gender Equality and Family and the head of a local government may establish and operate an electronic system for efficiency in dealing with the affairs prescribed in Article 20 (1). |
| Article 26 (Subsidization of Expenses) |
The State or a local government may subsidize all or part of expenses incurred in carrying out the affairs under this Act or operating the central support center, metropolitan support centers, and service agencies under this Act. <Amended on Mar. 2, 2016; May 19, 2020>
| Article 27 (Order to Return Expenses or Subsidies) |
Where the founder or operator of the central support center, a metropolitan support center, or a service agency, or the head of an agency entrusted with the affairs under this Act, etc. falls under any of the following cases, the State or a local government may order him or her to return all or part of the expenses or subsidies already paid: <Amended on May 19, 2020>
| 1. | Where the subsidy has been used for the purpose other than the business purpose; |
| 2. | Where the subsidy has been received by fraud or other improper means; |
| 3. | Where he or she has violated this Act or an order issued under this Act. |
CHAPTER VI GUIDANCE AND SUPERVISION
| Article 28 (Guidance and Order) |
The Minister of Gender Equality and Family, the Mayor/Do Governor, or the head of a Si/Gun/Gu may provide direction and issue orders to child care providers, the central support center, metropolitan support centers, and service agencies as necessary to support child care service smoothly. <Amended on May 19, 2020>
| Article 28-2 (Fact-Finding Survey on Child Care Providers) |
| (1) | The Minister of Gender Equality and Family shall conduct a fact-finding survey on child care services every three years to improve the child care service. |
| (2) | Where it is necessary for conducting a fact-finding survey under paragraph (1), the Minister of Gender Equality and Family may request the heads of related central administrative agencies, the heads of local governments, the heads of public institutions defined under the Act on the Management of Public Institutions, and the heads of other related facilities, corporations or organizations for corporation such as submission of necessary data. In such cases, the heads of related central administrative agencies, etc., shall comply with such request unless there is a compelling reason not to do so. |
| (2) | Matters necessary for the methods, content, etc. of the fact-finding survey pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted on May 19, 2020]
| Article 29 (Inquiries and Examinations) |
| (1) | The Minister of Gender Equality and Family, the Mayor/Do Governor, or the head of a Si/Gun/Gu may order a child care provider, the central support center, metropolitan support centers, or service agencies to submit data related to the operation, management, provision, etc. of the child care services or require public officials under his or her control to inquire relevant persons or examine related documents. <Amended on May 19, 2020> |
| (2) | When performing the duties under paragraph (1), a public official shall carry with him or her a certificate indicating his or her authority and present it to the related persons. |
| Article 30 (Prohibition against Divulging Confidential Information) |
A person who is or was engaged in the central support center, a metropolitan support center, a service agency, or an agency entrusted with the affairs under Articles 7 (4), 18 (3), 18-2 (2), 19 (2), 19-2 (4), or 21 (2) or a child care provider shall not divulge any confidential information he or she has learned while performing his or her duties. <Amended on May 19, 2020>
If the Mayor/Do Governor or the head of a Si/Gun/Gu intends to revoke the designation of an educational agency, the central support center, a metropolitan support center, or a service agency under Article 9 (2) or 17 (1), he or she shall hold a hearing. <Amended on May 19, 2020>
| Article 32 (Suspension of Qualification of Child Care Providers) |
Where a child care provider falls under any of the following cases, the Minister of Gender Equality and Family may suspend his or her qualification for up to three years as prescribed by Ordinance of the Ministry of Gender Equality and Family: Provided, That in cases falling under subparagraph 1, his or her qualification shall be suspended: <Amended on May 19, 2020>
| 1. | Where he or she has committed at least one of the following acts: |
| (a) | Use of physical violence or inflicting an injury on a child; |
| (b) | Insulting or threatening a child; |
| (c) | Abandonment of a child or negligence in the basic care of a child, including food, clothing, and shelter; |
| (d) | Commitment of an unlawful act, such as a theft in a child's residence; |
| 2. | Where a child care provider causes any damage to the body or property of a child or guardian by intention or gross negligence during the performance of his or her duties; |
| 3. | Where he or she has fails to receive continuing education referred to in Article 10 for three consecutive times; |
| 4. | Where he or she has recommended, induced, or promoted unnecessary services to a guardian for the purpose of making profits. |
| Article 33 (Revocation of Qualification of Child Care Providers) |
If a child care provider falls under any of the following cases, the Minister of Gender Equality and Family shall revoke his or her qualification: <Amended on Dec. 1, 2015; Mar. 2, 2016; May 19, 2020>
| 1. | Where he or she has obtained his or her qualification by fraud or other improper means; |
| 2. | Where he or she has been sentenced to imprisonment without labor or heavier punishment for causing damage to the body or property of a child or guardian willfully or by gross negligence during the performance of his or her duties; |
| 4. | Where his or her qualification has been suspended at least three times under Article 32; |
| 5. | Where he or she commits an act constituting a case for suspension of qualification within three years after the period for suspending his or her qualification expires pursuant to Article 32; |
| 6. | Where he or she works as a child care provider during the period of suspension of qualifications under Article 32; |
| 7. | where he or she fall under any of subparagraphs 1 through 6 of Article 6. |
| Article 34 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Gender Equality and Family or the Mayor/Do Governor may delegate part of his or her authority prescribed in this Act to the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Gender Equality and Family may entrust part of his or her duties under this Act to corporations or organizations, as prescribed by Presidential Decree. |
CHAPTER VII PENALTY PROVISIONS
| Article 35 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won: <Amended on Mar. 24, 2014; May 19, 2020>
| 1. | A person who is designated as an educational agency by fraud or other improper means, in violation of the designation standards under Article 9 (1); |
| 2. | A person who is designated as the central support center by fraud or other improper means, in violation of the designation standards under Article 10-3 (3); |
| 3. | A person who is designated as a metropolitan support center by fraud or other improper means, in violation of the designation standards under Article 10-4 (3); |
| 4. | A person who is designated as a service agency by fraud or other improper means, in violation of the designation standards under Article 11 (1); |
| 5. | A person who is designated again as the central support center, a metropolitan support center, or service agency in violation of Article 17 (2); |
| 6. | A person who receives expenses under Article 20 by fraud or other improper means or helps others to receive such expenses; |
| 7. | A person who divulges any confidential information which he or she has learned while performing his or her duties, in violation of Article 30. |
| Article 36 (Joint Penalty Provisions) |
Where a representative of a corporation, or an agent, employee, or other person working for a corporation or individual commits a violation under Article 35 with respect to the duties of the corporation or individual, not only shall such violator be punished accordingly, but also the corporation or individual shall be punished by a fine prescribed in the relevant provisions: Provided, That this shall not apply where such corporation or individual has not neglected to take due care and supervision concerning the relevant duties in order to prevent such violation.
| Article 37 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by administrative fines not exceeding three million won: <Amended on May 28, 2013; Dec. 1, 2015; May 19, 2020> |
| 2. | A person who fails to obtain approval for, or to file a report on, the changed matter, in violation of Article 10-4 (4) or 11 (4); |
| 3. | A person who refuses to provide child care services without good cause, in violation of Article 13 (2); |
| 4. | A person who fails to provide child care services preferentially without good cause, in violation of Article 13-2; |
| 5. | A person who fails to submit data or submits false data or a person who refuses, interferes with, or evades an inquiry or examination or gives a false answer thereto, in violation of Article 29 (1). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Gender Equality, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDA <Act No. 11288, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Child Care Providers)
A person who has completed a former education course as at the time this Act enters into force shall be deemed to have completed an education course under this Act.
Article 3 (Transitional Measures concerning Educational Agencies for Child Care Providers and Service Agencies)
An educational agency or service agency designated under the former guidelines as at the time this Act enters into force shall be deemed to have been designated under Article 9 or 11: Provided, That it shall meet the designation standards prescribed by Ordinance of the Minister of Gender Equality and Family within three months from the date this Act enters into force. Article 4 (Transitional Measures concerning Disqualifications and Revocation of Qualification of Child Care Providers)
ADDENDUM <Act No. 11833, May 28, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12531, Mar. 24, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 13538, Dec. 1, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent, etc.)
An incompetent under the adult guardianship or a quasi-incompetent under the limited guardianship under the amended provisions of subparagraph 1 of Article 6 of the Act shall be construed to include those for whom the sentence on incompetence or quasi-incompetence remains valid, as prescribed by Article 2 of Addenda to the partial amendment to the Civil Act (Act No. 10429). Article 3 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of Article 37 (1) 2 of the Act, the former provisions shall be applied to the imposition of administrative fines on the violations committed before this Act enters into force.
ADDENDA <Act No. 14064, Mar. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Cases of Application regarding Grounds for Disqualification)
The amended Article 6 shall begin to apply from the first person for whom a sentence is finalized after this Act enters into force. Article 3 (Transitional Measures regarding Administrative Measures)
Former provisions apply to any administrative measure imposed on a violation committed before this Act enters into force.
ADDENDA <Act No. 15270, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2019. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Act No. 17283, May 19, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. Provided, That the amended provisions of Articles 2, 10-2 through 10-4, 13 (1) and (4), 14, 16 through 18, 19-2, 26 through 28, 29 through 31, 35 and 37 shall enter into force on January 1, 2022. Article 2 (Applicability to Suspension of Qualification of Child Care Providers)
The amended provisions of Article 32 shall apply beginning with the first person who commits an act constituting the grounds for suspension of qualifications after this Act enters into force. Article 3 (Applicability to Revocation of Qualification of Child Care Providers)
The amended provisions of Article 33 shall apply beginning with the first person who commits an act constituting the grounds for revocation of qualifications after this Act enters into force or for whom a protective disposition is confirmed for an act that occurs after the Act enters into force.
ADDENDUM <Act No. 17539, Oct. 20, 2020>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 19129, Dec. 27, 2022>
This Act shall enter into force six months after the date of its promulgation.