Article 2 (Social welfare corporations) |
1. | The Korea Social Welfare Credit Union under Article 4 of the Act (hereinafter referred to as the "Credit Union"); |
4. | Other organizations or institutions recognized by the Minister of Health and Welfare as social welfare-related organizations or institutions. |
Article 3 (Survey of remuneration levels and payment status) |
(1) | If necessary to conduct a survey on the level of remuneration and payment status of social workers, etc. and each government's compliance rate with the standards for appropriate personnel expenses under Article 3 (4) of the Act (hereinafter referred to as "fact-finding survey"), the Minister of Health and Welfare and the head of a local government may request the heads of relevant public institutions (referring to public institutions under Article 4 of the Act on the Management of Public Institutions; hereinafter the same shall apply) or corporations, etc. under the subparagraphs of Article 2 of the Act (hereinafter referred to as "social welfare corporations, etc.") to submit necessary materials. <Amended on Mar. 17, 2020; Jun. 14, 2022> |
(2) | Upon receiving a request under paragraph (1), the heads of relevant public institutions or social welfare corporations, etc. shall comply with such request, unless there is a compelling reason not to do so. <Amended on Jun. 14, 2022> |
(3) | Matters necessary for the timing, subjects, methods, etc. of fact-finding surveys shall be determined by the Minister of Health and Welfare. |
Article 4 (Recommendation standards for remuneration levels) |
Article 4-2 (Composition of committee for better treatment established within the Ministry of Health and Welfare) |
(1) | The committee for better treatment established within the Ministry of Health and Welfare pursuant to the main clause of Article 3-2 (1) of the Act (hereafter in this Article through Article 4-4, referred to as the "Central Committee") shall be comprised of not more than 15 members, including 1 chairperson and 1 vice chairperson, in consideration of gender equality. |
(2) | The 1st Vice Minister of Health and Welfare shall serve as the chairperson of the Central Committee, and the vice chairperson shall be elected from among and by the members thereof. |
(3) | Members of the Central Committee shall be appointed or commissioned by the Minister of Health and Welfare from among the following persons: |
1. | Persons with extensive knowledge of and experience in improving the treatment of social workers, etc.; |
2. | Persons recommended by the following organizations: |
(a) | An organization comprised of social workers, etc.; |
(b) | An organization comprised of heads of social welfare corporations, etc.; |
3. | Persons who have expertise in labor-related statutes or regulations, such as qualified attorneys-at-law; |
4. | Grade III or higher-ranking public officials of central administrative agencies who are in charge of affairs related to improving the treatment of social workers and designated by the heads of the relevant agencies. |
(4) | The term of office of commissioned members of the Central Committee shall be 2 years, and they may be re-appointed only once. |
(5) | The Central Committee shall have one executive secretary to handle its administrative affairs, who shall be appointed by the Minister of Health and Welfare from among public officials under his or her jurisdiction. |
(6) | Allowances and travel expenses may be paid to a member who attends a meeting of the Central Committee, within the budget, provided, where a member who is a public official attends a meeting in direct connection with his or her duties, such allowances and travel expenses shall not be paid. |
[This Article Newly Inserted on Jun. 14, 2022]
Article 4-3 (Dismissal or decommission of members of central committee) |
If a member of the Central Committee falls under any of the following cases, the Minister of Health and Welfare may dismiss or decommission such member:
1. | If the member becomes unable to perform his or her duties due to a mental or physical disability; |
2. | Where he/she has engaged in any irregularity in connection with his/her duties; |
3. | If the member is deemed unsuitable for membership due to neglect of duties, loss of dignity, or any other reason; |
4. | Where the member voluntarily expresses an intention that there is difficulty in performing duties. |
[This Article Newly Inserted on Jun. 14, 2022]
Article 4-4 (Meetings of central committee) |
(1) | The chairperson of the Central Committee shall represent the Committee and exercise general supervision over its business affairs. |
(2) | The vice chairperson of the Central Committee shall assist the chairperson in his or her duties, and if the chairperson is unable to perform his or her duties due to any unavoidable cause, the vice chairperson shall act on his or her behalf. |
(3) | Meetings of the Central Committee shall be convened by the chairperson of the Central Committee in any of the following cases: |
1. | Where deemed necessary by the chairperson of the Central Committee; |
2. | Upon request by the Minister of Health and Welfare; |
3. | Upon request by at least 1/3 of all incumbent members. |
(4) | A majority of the members of the Central Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
(5) | Except as provided in Articles 4-2, 4-3, and paragraphs (1) through (4) of this Article, matters necessary for the operation of a committee shall be determined by the chairperson of the Central Committee, subject to resolution thereby. |
[This Article Newly Inserted on Jun. 14, 2022]
Article 4-5 (Composition of committees for better treatment established in cities/dos and sis/guns/gus) |
(1) | A committee for better treatment in the Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, and Si/Gun/Gu (referring to an autonomous Gu) pursuant to the main clause of Article 3-2 (1) of the Act (hereafter in this Article and Article 4-6 referred to as "local committee") shall deliberate on the following matters: |
1. | Improvement of treatment of social workers, etc. for each relevant local government; |
2. | Other matters regarding the improvement of treatment of social workers, etc., which are referred to meetings as they are deemed necessary by the chairperson of a local committee. |
(2) | A local committee shall consist of not more than 15 members, including 1 chairperson and 1 vice chairperson, in consideration of gender equality. |
(3) | The chairperson and the vice chairperson of a local committee shall be elected by and from among its members. |
(4) | Members of a local committee shall be appointed or commissioned by the head of a local government to which each local committee belongs, from among the following persons: |
1. | Persons with extensive knowledge of and experience in improving the treatment of social workers, etc.; |
2. | Persons recommended by the following organizations: |
(a) | An organization comprised of social workers, etc.; |
(b) | An organization comprised of heads of social welfare corporations, etc.; |
(c) | A civic group involving in enhancing the treatment of social workers, etc.; |
3. | Persons who have expertise in labor-related statutes or regulations, such as qualified attorneys-at-law; |
4. | Public officials in charge of affairs related to the improvement of treatment of social workers in a relevant local government. |
[This Article Newly Inserted on Jun. 14, 2022]
Article 4-6 (Operation of local committees) |
(1) | Articles 4-2 (4) through (6), 4-3, and 4-4 (1) through (4) shall apply mutatis mutandis to the term of office, dismissal, decommission, meetings, etc. of members of a local committee. In such cases, "Central Committee" shall be construed as "local committee", and "Minister of Health and Welfare" as "head of a local government to which each local committee belongs". |
(2) | Except as provided in Article 4-5, paragraph (1) of this Article, and ordinance of the relevant local government, matters necessary for the composition, operation, etc. of a local committee shall be determined by the chairperson of the local committee following a resolution thereby. |
[This Article Newly Inserted on Jun. 14, 2022]
Article 5 (Articles of Incorporation) |
Matters to be entered in the articles of incorporation of the Credit Union under Article 4 (3) of the Act shall be as follows: <Amended on Nov. 23, 2012> 3. | Main office and branches; |
4. | Membership requirements and joining and withdrawing membership; |
5. | Rights and obligations of members; |
6. | Capital and contributions by members; |
7. | Mutual-aid benefits for members; |
8. | Board of representatives and board of directors; |
9. | Organizational structure; |
10. | Executive officers and employees; |
11. | Projects and business management; |
12. | Examination of compensation for mutual-aid business regarding, the safety of, fire, etc. in social welfare facilities; |
13. | Budget, settlement of accounts, and accounting; |
14. | Amendment to the articles of incorporation; |
15. | Other matters necessary for operating the Credit Union. |
Article 6 (Qualification for membership) |
[This Article Wholly Amended on Nov. 23, 2012]
Article 7 (Rights and obligations of members) |
(1) | Members of the Credit Union may be entitled to mutual-aid benefits, etc., as prescribed by the articles of incorporation. |
(2) | Members of the Credit Union shall be obligated to make contributions and cooperate in the operation of the Credit Union, as prescribed by the articles of incorporation. <Amended on Nov. 23, 2012> |
(3) | If a member of the Credit Union loses his or her qualification or withdraws from the Credit Union upon application, he or she may request a refund of his or her contributions, etc., as prescribed by the articles of incorporation. <Amended on Nov. 23, 2012> |
Article 8 (Representatives) |
(1) | Representatives shall be elected from among the members as prescribed by the articles of incorporation. |
(2) | The number of delegates and the term of office shall be prescribed by the articles of association. |
Article 9 (Board of representatives) |
(1) | The board of representatives shall consist of representatives. |
(2) | The board of representatives shall deliberate and resolve on the following matters: |
1. | Amendment to the articles of incorporation; |
2. | Election of the chief director, directors, and auditors; |
5. | Approval for settlement of accounts; |
6. | Matters requiring deliberation and resolution by the board of representatives as deemed necessary by the board of directors; |
7. | Other matters prescribed by the articles of incorporation. |
(3) | The board of representatives' meetings shall be classified into regular meetings and extraordinary meetings. |
(4) | A regular meeting of the board of representatives shall be convened annually by the chief director, as prescribed by the articles of incorporation. |
(5) | An extraordinary representatives' meeting shall be convened by the chief director where deemed necessary; provided, in any of the following cases, the chief director shall convene such meeting within 10 days: |
1. | Where at least 1/3 of the representatives request the convocation of a meeting; |
2. | Where an auditor identifies irregularities or deficiencies in the Credit Union's accounting or administration of business affairs and requests the convocation of a meeting. |
(6) | Except as provided in paragraphs (1) through (5), matters necessary for the operation of the board of representatives shall be prescribed by the articles of incorporation. |
Article 10 (Board of directors) |
(1) | The board of directors shall consist of the president and directors. |
(2) | The president shall preside over meetings of the board of directors. |
(2) | The board of representatives shall deliberate and resolve on the following matters: |
1. | Enactment, amendment, or repeal of the operational regulations of the Credit Union; |
2. | Detailed business plan; |
3. | Approval for disposal of fundamental property or bearing of obligations; |
4. | Basic policy on the operation and management of the Credit Union; |
5. | Matters to be referred to meetings of the board of representatives; |
6. | Matters delegated by the board of representatives; |
7. | Other important matters regarding business execution. |
(4) | Except as provided in paragraphs (1) through (3), matters necessary for the operation of the board of directors shall be prescribed by the articles of incorporation. |
Article 11 (Fixed number of executive officers) |
The Credit Union shall have up to 7 directors, including 1 chief director, and not more than 2 auditors as its executive officers.
Article 12 (Election and term of office of executive officers) |
(1) | The chief director, directors, and auditors shall be elected by the board of representatives and approved by the Minister of Health and Welfare. |
(2) | The term of office of the chief director and directors shall be 3 years, and the term of office of the auditor shall be 2 years and each of them may be reappointed only once. |
Article 13 (Duties of executive officers) |
(1) | The chairperson shall represent the Credit Union and exercise general supervision over its operation and management. |
(2) | Directors shall take charge of the business affairs of the Credit Union, as prescribed by the articles of incorporation, and where the chief director is unable to perform his or her duties due to any unavoidable cause, the directors shall act on behalf of the chief director, as prescribed by the articles of incorporation. |
(3) | The auditor shall audit the accounting and execution of business affairs of the Credit Union. |
Article 14 (Appointment and dismissal of employees) |
Employees of the Credit Union shall be appointed or dismissed by the chief director.
Article 15 (Accumulation of reserves) |
The Credit Union shall appropriate and accumulate reserves to cover each type of mutual-aid business for each fiscal year, as prescribed by its articles of incorporation.
Article 16 (Disposal of net profits) |
(1) | If the Credit Union generates net profits on the settlement of accounts each fiscal year, it shall accumulate such net profits. |
(2) | The reserve funds under paragraph (1) shall only be used for compensating losses and conducting business activities under Article 6 of the Act. |
Article 17 (Criteria for imposition of administrative fines) |
The criteria for imposing administrative fines under Article 10 (2) of the Act shall be as specified in the attached Table. [This Article Newly Inserted on Nov. 23, 2012]
ADDENDUM <Presidential Decree No. 23460, Dec. 30, 2011>
This Decree shall enter into force on January 1, 2012.
ADDENDUM <Presidential Decree No. 24196, Nov. 23, 2012>
This Decree shall enter into force on November 24, 2012.
ADDENDUM <Presidential Decree No. 25833, Dec. 9, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 30534, Mar. 17, 2020>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 32696, Jun. 14, 2022>
This Decree shall enter into force on June 22, 2022.