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ENFORCEMENT DECREE OF THE ACT ON SUPPORT FOR WELFARE AND SELF-RELIANCE OF THE HOMELESS

Presidential Decree No. 31269, Dec. 15, 2020

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Support for Welfare and Self-Reliance of the Homeless and matters necessary for the enforcement thereof.
 Article 2 (Matters to be incorporated into comprehensive plans)
"Matters prescribed by Presidential Decree with regard to policies on homeless persons" in Article 7 (1) 7 of the Act on Support for Welfare and Self-Reliance of the Homeless (hereinafter referred to as the "Act") means the following: <Amended on May. 29, 2017>
1. Analysis and evaluation of the results of implementation of comprehensive support plans for the welfare and self-reliance of homeless persons under Article 7 (1) of the Act;
2. Examination of the social, economic, and demographic environments related to the increase or decrease of homeless persons and predictions regarding future trends;
3. Formulation of protection plans for women, people with disabilities, the elderly, youth, and homeless persons;
4. Formulation of plans for improving the mental health of homeless persons by aligning with national master plans for improving mental health and providing welfare services to mentally ill persons under Article 7 (1) of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients as well as by pursuing cooperative projects;
5. Implementation of educational and training projects for workers in facilities for the homeless;
6. Other matters deemed necessary by the Minister of Health and Welfare to support the welfare and self-reliance of homeless persons.
 Article 3 (Submission of implementation plans)
(1) Pursuant to Article 8 (2) of the Act, the heads of relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as "Mayor/Do Governor") shall submit to the Minister of Health and Welfare an implementation plan for policies on homeless persons for the following year (hereinafter referred to as "implementation plan") by December 31 every year. <Amended on Dec. 15, 2020>
(2) Pursuant to Article 8 (2) of the Act, the heads of relevant central administrative agencies and Mayors/Do Governors shall submit to the Minister of Health and Welfare the results of implementation based on the implementation plan for the preceding year by March 31 each year.
(3) The Minister of Health and Welfare shall compile and evaluate the implementation results submitted by the relevant central administrative agencies and the Special Metropolitan City, Metropolitan Cities, Special Self-Governing City, Dos, and Special Self-Governing Provinces pursuant to paragraph (2), along with the implementation results of implementation plans falling under the jurisdiction of the Ministry of Health and Welfare, and shall report the results thereof to the Social Security Committee under Article 20 of the Framework Act on Social Security. <Amended on Dec. 15, 2020>
(4) The Minister of Health and Welfare may request a specialized institution to conduct investigations, analyses, and other necessary affairs to efficiently conduct the evaluation under paragraph (3).
 Article 4 (Standards, methods, and procedures for housing assistance)
(1) If the Minister of Health and Welfare, the head of a relevant central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) intends to provide housing assistance under Article 10 (1) of the Act, he or she shall provide appropriate housing assistance to a relevant homeless person considering, among other things, his or her gender, age, occupation, health conditions, the opinions of the head of the facility for the homeless regarding the homeless person’s wishes.
(2) If the Minister of Health and Welfare, the head of a relevant central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to provide housing assistance under Article 10 (1) 1 of the Act, he or she shall request the head of a welfare facility for homeless persons referred to in Article 16 (1) 1 through 4 of the Act to protect homeless persons.
(3) If the Minister of Health and Welfare, the head of a relevant central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to provide housing assistance under Article 10 (1) 2 of the Act, he or she shall request the head of a social welfare facility defined in subparagraph 4 of Article 2 of the Social Welfare Services Act or the head of a protection facility under other statutes to protect homeless persons. In such cases, the head of the protection facility shall not refuse such request without good cause.
(4) In providing homeless persons with housing assistance under Article 10 (1) 3 or 4 of the Act, the Minister of Health and Welfare, the head of a relevant central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may also provide them with services necessary for them to maintain residential stability and integrate into the local community.
 Article 4-2 (Provision of health and sanitary supplies for homeless women)
(1) The State and local governments shall deliver supplies prescribed in Article 12-2 (1) of the Act (hereinafter referred to as "health and sanitary supplies") directly to homeless women, etc. or through welfare facilities for homeless persons prescribed in Article 16 of the Act.
(2) Except as provided in paragraph (1), matters necessary for the provision of health and sanitary supplies shall be determined by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu.
[This Article Added on Jun. 11, 2019]
 Article 5 (Employment assistance)
(1) The Minister of Health and Welfare, the head of a relevant central administrative agency, a Mayor/Do Governor, and the head of a Si/Gun/Gu may implement the following programs and measures to support and facilitate the employment of homeless persons pursuant to Article 13 (1) and (2) of the Act:
1. Occupational guidance programs: Programs offering vocational counseling, vocational aptitude testing, and vocational guidance services to homeless persons to help them pursue occupations suitable for their skills and aptitudes;
2. Employment promotion programs: Programs offering homeless persons with intensive job placement services to enhance their willingness to find jobs and develop vocational skills;
3. Public-works jobs programs: Programs involving the direct employment of homeless persons to perform public works tasks, such as street cleaning, meal service assistance, and counseling assistance;
4. Other programs and measures designed to promote the employment of homeless persons, including provision of employment information, vocational support, job placement, and vocational skills development.
(2) In providing employment assistance to homeless persons under Article 13 of the Act, the Minister of Health and Welfare, the head of a relevant central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu may also provide them with necessary services to ensure job security.
 Article 6 (Emergencies)
(1) Emergencies under Article 14 (1) of the Act shall be any of the following cases: <Amended on May. 29, 2017; Dec. 15, 2020>
1. Where a person suffers from a serious disease, such as tuberculosis defined in subparagraph 1 of Article 2 of the Tuberculosis Prevention Act, Class 1, Class 2, and Class 3 infectious diseases defined in subparagraphs 2 through 4, respectively, of Article 2 of the Infectious Disease Control and Prevention Act, syphilis under subparagraph 5 (aa) of that Article, or disorders under the subparagraphs of Article 2 of the Enforcement Decree of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, and is highly likely to transmit the disease or cause harm to other persons without emergency intervention;
2. Where a person is at risk of death due to severe cold while unattended on a street, in a park, or around an area surrounding a station, etc.;
3. Where a person is at risk of death due to dehydration or heatstroke during a heatwave;
4. Where a person is in other emergency situations, such as an accident resulting in injury, that can lead to the loss of life or serious physical or mental disability unless immediate emergency action is taken.
(2) The scope of workers engaged in affairs related to homeless persons under Article 14 (1) of the Act shall include workers in facilities for the homeless and public officials of local governments in charge of affairs related to homeless persons.
(3) The details of necessary measures to be taken by police officers or workers engaged in affairs related to homeless persons, pursuant to Article 14 (1) of the Act shall be classified as follows:
2. Workers conducting affairs related to homeless persons: The following measures:
(a) First aid at the emergency site;
(b) Transfer to an emergency room and request for hospitalization;
(c) Request for protection from the head of a welfare facility for homeless persons under Article 16 of the Act;
(d) Other necessary measures to protect homeless persons during emergencies.
 Article 6-2 (Publication of violations)
If the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu issues a publication under Article 21-2 (1) and (2) of the Act, he or she shall post it on the website of the relevant institution or the National Health Insurance Service under the National Health Insurance Act for three years. In such cases, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of the Si/Gun/Gu may also publish the violation under Article 21-2 (2) of the Act in newspapers under the Act on the Promotion of Newspapers or broadcast it under the Broadcasting Act, if deemed necessary.
[This Article Added on Jun. 11, 2019]
 Article 7 (Subsidization of expenses)
(1) If the State or a local government subsidizes expenses incurred in establishing and operating facilities for the homeless pursuant to Article 22 of the Act, the percentage of such expenses to be covered shall be as prescribed in Appendix 1 of the Enforcement Decree of the Subsidy Management Act.
(2) If the State and a local government subsidize expenses incurred in operating facilities for the homeless pursuant to paragraph (1), they may provide differential subsidies, taking into account the performance of the relevant facilities for the homeless, such as the evaluation results under Article 43-2 of the Social Welfare Services Act.
 Article 7-2 (Processing of sensitive information or personally identifiable information)
(1) The State and local governments (where the relevant authority is delegated or entrusted, including persons to whom the relevant authority is delegated or entrusted), or workers engaged in affairs related to homeless persons, may process data containing information on health under Article 23 of the Personal Information Protection Act and resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs:
1. Fact-finding surveys under Article 9 of the Act;
2. Housing assistance under Article 10 of the Act;
3. Employment assistance under Article 13 of the Act;
4. Emergency measures under Article 14 of the Act.
(2) The head of a welfare facility for homeless persons under Article 16 of the Act or the head of an integrated support center for the homeless under Article 19 of the Act may process data containing information on health under Article 23 of the Personal Information Protection Act and resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs:
1. Operation of facilities for the homeless under Article 15 of the Act;
2. Admission and discharge of homeless persons under Article 17 of the Act;
3. Provision of self-support and rehabilitation programs and health care for admittees under Article 18 of the Act;
4. Handling of affairs related to integrated support centers for the homeless under the subparagraphs of Article 19 of the Act.
[This Article Added on Aug. 6, 2014]
 Article 8 (Administrative fines)
The criteria for the imposition of administrative fines under Article 28 (1) of the Act shall be as specified in the Appendix.
ADDENDA <Presidential Decree No. 23842, Jun. 7, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on June 8, 2012.
Article 2 (Transitional measures concerning subsidization of expenses for welfare facilities for vagrants and shelters for the homeless)
If expenses are reimbursed pursuant to Article 7 (1) for welfare facilities for vagrants and shelters for the homeless under the Social Welfare Services Act, which are deemed welfare facilities for the homeless pursuant to the main clause of Article 2 of the Addenda to the Act on Support for Welfare and Self-Reliance of the Homeless (Act No. 10784), welfare facilities for vagrants shall be deemed facilities for rehabilitation of the homeless or medical care facilities for the homeless under Article 16 (1) 3 or 4, respectively, of the Act, and shelters for the homeless deemed facilities for assisting homeless persons to support themselves under subparagraph 2 of that paragraph, until a report is filed again after the standards for establishment and operation are set forth under Article 15 (3) of the Act pursuant to the proviso of Article 2 of the Act (Act No. 10784) within one year of the date of entry into force of the Act.
Article 3 (Transitional measures concerning citation of other statutes or regulations)
“Results of facilities evaluation under Article 43-2 of the Social Welfare Services Act” in Article 7 (2) shall be construed as “results of facilities evaluation under Article 43 of the Social Welfare Services Act” until August 4, 2012.
Article 4 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25930, Dec. 30, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning administrative fines)
The previous provisions shall apply to the application of criteria for imposing administrative fines for violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 29839, Jun. 11, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on June 12, 2019; provided, the amended provisions of Article 4-2 shall enter into force on July 16, 2019.
Article 2 (Transitional measures concerning criteria for imposition of administrative fines)
(1) Notwithstanding the amended provisions of subparagraph 2 (a) and (d) of the Appendix, the previous provisions shall apply to the application of the criteria for imposing administrative fines for violations committed before this Decree enters into force.
(2) The imposition of administrative fines for violations committed before this Decree enters into force shall not count toward the number of violations under the amended provisions of subparagraph 2 (a) and (d) of Appendix 2.
ADDENDUM <Presidential Decree No. 31269, Dec. 15, 2020>
This Decree shall enter into force on the date of its promulgation.