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CHILD CARE ACT

Wholly Amended by Act No. 7153, Jan. 29, 2004

Amended by Act No. 7186, Mar. 11, 2004

Act No. 7302, Dec. 31, 2004

Act No. 7785, Dec. 29, 2005

Act No. 8563, Jul. 27, 2007

Act No. 8655, Oct. 17, 2007

Act No. 8654, Oct. 17, 2007

Act No. 8851, Jan. 17, 2008

Act No. 8852, Feb. 29, 2008

Act No. 9165, Dec. 19, 2008

Act No. 9511, Mar. 20, 2009

Act No. 9792, Oct. 9, 2009

Act No. 9932, Jan. 18, 2010

Act No. 10012, Feb. 4, 2010

Act No. 10339, Jun. 4, 2010

Act No. 10789, Jun. 7, 2011

Act No. 10854, Jul. 14, 2011

Act No. 10983, Aug. 4, 2011

Act No. 11002, Aug. 4, 2011

Act No. 11003, Aug. 4, 2011

Act No. 11144, Dec. 31, 2011

Act No. 11382, Mar. 21, 2012

Act No. 11627, Jan. 23, 2013

Act No. 11690, Mar. 23, 2013

Act No. 11858, Jun. 4, 2013

Act No. 11998, Aug. 6, 2013

Act No. 12068, Aug. 13, 2013

Act No. 12251, Jan. 14, 2014

Act No. 12619, May 20, 2014

Act No. 12697, May 28, 2014

Act No. 13321, May 18, 2015

Act No. 13323, May 18, 2015

Act No. 13498, Aug. 28, 2015

Act No. 13656, Dec. 29, 2015

Act No. 14001, Feb. 3, 2016

Act No. 14597, Mar. 14, 2017

Act No. 15270, Dec. 19, 2017

Act No. 15892, Dec. 11, 2018

Act No. 16078, Dec. 24, 2018

Act No. 16248, Jan. 15, 2019

Act No. 16251, Jan. 15, 2019

Act No. 16404, Apr. 30, 2019

Act No. 17091, Mar. 24, 2020

Act No. 17209, Apr. 7, 2020

Act No. 17785, Dec. 29, 2020

Act No. 18217, Jun. 8, 2021

Act No. 18415, Aug. 17, 2021

Act No. 18523, Nov. 30, 2021

Act No. 18620, Dec. 21, 2021

Act No. 18899, Jun. 10, 2022

Act No. 19456, Jun. 13, 2023

Act No. 19606, Aug. 8, 2023

Act No. 19653, Aug. 16, 2023

Act No. 19840, Dec. 26, 2023

Act No. 19958, Jan. 9, 2024

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to promoting the welfare of infants and young children and their families by fostering them to become healthy members of the society by nurturing their minds and bodies, and their sound education, and by facilitating their guardians' economic and social activities. <Amended on Aug. 4, 2011>
[This Article Wholly Amended Oct. 17, 2007]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Dec. 19, 2008; Jun. 7, 2011; Aug. 8, 2023>
1. The term "infant and young child" means a pre-schooler under the age of seven;
2. The term "child care" means social welfare services supporting child care centers and home nurseries that protect and foster infants and young children in a healthy and safe manner and providing infants and young children with education tailored to their growth patterns;
3. The term "child care center" means institutions caring for infants and young children entrusted by guardians;
4. The term "guardian" means a person in parental authority, a tutor and any other person actually caring for an infant or a young child;
5. The term "child care teachers and staff" means principals, child care teachers, and other employees of child care centers, in charge of the nursery and health care of infants and young children in the child care centers, consultations with guardians, and other affairs concerning the management and operation of the child care centers.
[This Article Wholly Amended Oct. 17, 2007]
 Article 3 (Concept of Child Care)
(1) Child care services shall be rendered with priority consideration given to the interests of infants and young children.
(2) Child care services shall be rendered so that infants and young children can grow up healthily in a safe and comfortable environment.
(3) Infants and young children shall be cared for without discrimination due to their or their guardians' gender, age, religion, social standing, property status, disabilities, race, place of birth, etc. <Amended on Aug. 4, 2011>
[This Article Wholly Amended Oct. 17, 2007]
 Article 4 (Responsibilities)
(1) All people shall have responsibility to care for infants and young children in a healthy manner.
(2) The State and local governments shall have responsibility to care for infants and young children in a healthy manner together with the guardians thereof and endeavor to secure financial resources therefor in a stable manner. <Amended on Jan. 23, 2013>
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall ensure there are appropriate child care centers in their jurisdictional areas to care for infants and young children. <Amended on Jun. 7, 2011; Aug. 4, 2011; Dec. 29, 2020>
(4) The State and local governments shall endeavor to train child care teachers and staff, to improve their working conditions, and to protect their rights and interests. <Added on May 18, 2015; Dec. 29, 2020>
[This Article Wholly Amended Oct. 17, 2007]
 Article 5 Deleted. <Dec. 29, 2020>
 Article 6 (Child Care Policy Committees)
(1) The Central Child Care Policy Committee shall be established under the Ministry of Education, and local child care policy committees shall be established under the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do and a Special Self-Governing Province (hereinafter referred to as "City/Do") and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) to deliberate matters, etc. concerning policies, projects, guidance on child care, and evaluation of child care centers: Provided, That where another suitable committee exists to function as a local child care policy committee and members of the other committee meet the qualifications referred to in paragraph (2), the other committee may assume the functions of the local child care policy committee, as prescribed by municipal ordinance of a City/Do or Si/Gun/Gu. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 11, 2018; Dec. 29, 2020; Dec. 26, 2023>
(2) Members of the Central Child Care Policy Committee and local child care policy committees referred to in paragraph (1) (hereinafter referred to as "child care policy committees") shall be comprised of child care experts, the principals of child care centers, representatives of child care teachers, representatives of guardians, persons representing the public interest, relevant public officials, etc. <Amended on Jun. 7, 2011>
(3) The Minister of Education may establish a specialized committee for each field to efficiently perform the duties of the Central Child Care Policy Committee. <Added on Jan. 9, 2024>
(4) Matters necessary for the composition, functions, operation, etc. of child care policy committees shall be prescribed by Presidential Decree. <Amended on Jan. 9, 2024>
[This Article Wholly Amended Oct. 17, 2007]
 Article 7 (Child Care Support Centers)
(1) The Minister of Education shall establish and operate the Central Child Care Support Center; and each Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of each Si/Gun/Gu shall establish and operate local child care support centers to provide part-time care services for infants and young children referred to in Article 26-2, to collect and provide information on child care, and to provide counseling services on child care. In such cases, where deemed necessary, child care support centers for infants, children with disabilities, etc., may be established and operated, separately. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 4, 2013; Dec. 24, 2018; Dec. 26, 2023>
(2) The Central Child Care Support Center or each local child care support center referred to in paragraph (1) (hereinafter referred to as "child care support center") shall consist of a head, child care experts engaging in providing information on child care services, counseling experts engaging in emotional and psychological counseling services for child care teachers and staff, and others. <Amended on Jun. 4, 2013; May 18, 2015>
(3) Deleted. <Aug. 4, 2011>
(4) For the efficient performance of duties, the Minister of Education shall designate public institutions or private institutions, organizations, etc. prescribed by Presidential Decree as the Central Child Care Support Center under paragraph (1). <Added on Dec. 21, 2021; Dec. 26, 2023>
(5) Matters necessary for the establishment, operation, and functions of child care support centers, the qualifications for and duties of the heads of the child care support centers, child care experts, and counselling experts, and others shall be prescribed by Presidential Decree. <Amended on Aug. 4, 2011; Jun. 4, 2013; May 18, 2015; Dec. 21, 2021>
(6) Article 31-2 shall apply mutatis mutandis to the prevention of safety accidents and compensation by the child care support centers for damage to the life and bodies, etc. of infants and young children caused by safety accidents. In such cases, "child care center" shall be construed as "child care support center," and "principal of a child care center" as "head of a child care support center," respectively. <Added on Dec. 29, 2020; Dec. 21, 2021>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 4, 2013]
 Article 8 (Establishment and Operation of Korea Childcare Promotion Institute)
(1) To promote the improvement of quality of child care services and assist child care policies systematically, the Korea Childcare Promotion Institute (hereinafter referred to as "KCPI") shall be established.
(2) KCPI shall conduct the following affairs: <Amended on Dec. 26, 2023; Jan. 2, 2024>
1. Providing support for the evaluation of child care centers;
2. Providing education, training, and public relations on child care projects;
3. Developing child care programs, teaching materials, and teaching aids for infants and young children;
4. Developing training programs and teaching materials for child care teachers and staff;
5. Affairs entrusted by the Minister of Education pursuant to this Act;
6. Other affairs related to child care policies, which the Minister of Education deems necessary.
(3) KCPI shall be a juristic person, and shall be established by filing an establishment registration in the location of its principal office.
(4) KCPI shall be operated with subsidies, donations, and other income.
(5) The Minister of Education may subsidize expenses incurred in operating the Promotion Agency within the budget. <Amended on Dec. 26, 2023>
(6) KCPI may entrust affairs referred to in paragraph (2) 3 and 4 to relevant specialized institutions, etc.
(7) Except as provided in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to KCPI.
[This Article Wholly Amended on Dec. 11, 2018]
 Article 9 (Fact-Finding Surveys of Child Care)
(1) The Minister of Education shall conduct a fact-finding survey of child care every 3 years to properly enforce this Act and shall publish such results. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 29, 2020; Dec. 26, 2023>
(2) The Minister of Education may request an establisher/operator of a child care center and the head of a relevant agency, corporation or organization to submit necessary data or state opinions to conduct fact-finding surveys of child care under paragraph (1). In such cases, any person in receipt of such request shall cooperate therein, unless there is good cause. <Added on Dec. 29, 2020; Dec. 26, 2023>
(3) Matters necessary for methods and details, etc. of fact-finding surveys of child care under paragraph (1) and the publication of such results shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 29, 2020; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
 Article 9-2 (Education of Guardians)
(1) The State and local governments may provide the guardians of infants and young children with education on the growth and bringing up of infants and young children, roles of the guardians, human rights of infants and young children, prevention of child abuse, etc. <Amended on Aug. 17, 2021>
(2) The Minister of Education or the head of each local government may provide subsidies to cover necessary expenses for education prescribed in paragraph (1) within the budget. <Amended on Dec. 26, 2023>
(3) Matters necessary for the contents, methods of implementation, etc. of education prescribed in paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on Mar. 14, 2017]
 Article 9-3 (Establishment and Operation of Integrated Child Care Information System)
(1) The Minister of Education may establish and operate an integrated child care information system to ensure an efficient processing of various data or information necessary for the conduct of child care affairs under this Act, and the digitalization of the recording and management affairs. <Amended on Dec. 26, 2023>
(2) The Minister of Education may collect, manage, and retain any of the following data necessary for establishing and operating an integrated child care information system under paragraph (1) (hereinafter referred to as "child care information system"), and request the head of a relevant agency or organization to provide necessary data; in such cases, the head of the relevant agency and organization shall comply with such request unless there is good cause: <Amended on Dec. 26, 2023>
1. Data regarding the appointment and dismissal of child care teachers and staff, grounds for disqualification, etc. under Articles 19 and 20;
2. Data regarding qualification examinations for principals or child care teachers of child care centers, and issuance of certificates of qualification under Articles 21 and 22;
3. Data regarding child care services for the vulnerable under Article 26;
4. Data regarding eligibility for use of child care centers under Article 27;
5. Data regarding the preferential provision of child care under Article 28;
6. Evaluation of child care centers under Article 30;
7. Data regarding health care, vaccinations, etc. under Articles 31 and 31-3;
8. Data regarding mutual aid business for safety of child care centers, etc. under Article 31-2;
9. Data regarding the supply and use of voucher for care services under Article 34-3;
10. Data regarding the subsidization of expenses for child care programs under Article 36;
11. Data regarding the suspension or revocation of qualification of principals or child care teachers of child care centers under Articles 46 through 48;
12. Other data prescribed by Presidential Decree as necessary for the implementation of child care programs.
(3) Where unavoidable for conducting the affairs related to the establishment and operation of a child care information system, the Minister of Education may process data including information on health (limited to information regarding health care and health examinations) under Article 23 of the Personal Information Protection Act and personally identifiable information under Article 24 of that Act. In such cases, the Minister of Education shall protect the relevant information in accordance with the Personal Information Protection Act. <Amended on Dec. 26, 2023>
(4) A child care information system may be used in conjunction with the social security information system referred to in Article 37 (2) of the Framework Act on Social Security.
(5) Matters necessary for the establishment and operation of a child care information system shall be prescribed by Presidential Decree.
[This Article Added on Dec. 29, 2020]
CHAPTER II ESTABLISHMENT OF CHILD CARE CENTERS
 Article 10 (Types of Child Care Centers)
The types of child care centers shall be as follows: <Amended on Jun. 7, 2011; Aug. 4, 2011; Feb. 3, 2016; Mar. 14, 2017>
1. National or public child care centers: Child care centers established and operated by the State or local governments;
2. Child care centers of social welfare corporations: Child care centers established and operated by social welfare corporations established under the Social Welfare Services Act (hereinafter referred to as "social welfare corporations");
3. Child care centers of corporations, organizations, etc.: Child care centers established and operated by various kinds of corporations (non-profit corporations, excluding social welfare corporations), organizations, etc., prescribed by Presidential Decree;
4. Workplace child care centers: Child care centers established and operated by business owners for their employees (including child care centers established and operated by the State or the heads of local governments for relevant public officials and non-public officials who have concluded a labor contract with the State or with the heads of local governments);
5. Home-based child care centers: Child care centers established and operated by individuals at their homes and in places corresponding thereto;
6. Cooperative child care centers: Child care centers established and operated by associations founded by guardians, or by guardians and child care teachers and staff (limited to non-profit associations);
7. Private child care centers: Child care centers not falling under any of subparagraphs 1 through 6.
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 11 (Formulation and Implementation of Child Care Plans)
(1) To facilitate the provision of child care services, the Minister of Education shall formulate and implement child care plans, including supply and demand plans for child care centers following deliberation by the Central Child Care Policy Committee, and a Mayor/Do Governor and the head of a Si/Gun/Gu shall formulate and implement the same following deliberation by the relevant local child care policy committee. In such cases, child care plans shall include plans and objectives for the supply of national or public child care centers. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 13, 2013; Dec. 26, 2023>
(2) If deemed necessary to formulate and/or implement child care plans referred to in paragraph (1), the Minister of Education, Mayor/Do Governor, and head of a Si/Gun/Gu may request child care centers, child care-related corporations, organizations, etc. to submit materials, etc. The child care centers, child care-related corporations, organizations, etc. in receipt of such request shall comply therewith, without good cause. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
(3) Matters necessary for details of child care plans referred to in paragraph (1), timing and procedures for formulation thereof, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended Oct. 17, 2007]
 Article 11-2 (Securing Child Care Centers or Sites for Child Care Centers)
Each Mayor/Do Governor or the head of each Si/Gun/Gu shall endeavor to secure child care centers or sites for child care centers in the development, maintenance, improvement, and preparation projects to be implemented under the Urban Development Act, the Act on the Improvement of Urban Areas and Residential Environments, the Housing Site Development Promotion Act, the Industrial Sites and Development Act, the Special Act on Public Housing, etc. <Amended on Mar. 20, 2009; Jun. 7, 2011; Aug. 4, 2011; Jan. 14, 2014; Aug. 28, 2015>
[This Article Added on Jan. 17, 2008]
[Title Amended on Jun. 7, 2011]
 Article 12 (Establishment of National or Public Child Care Centers)
(1) The State and local governments shall establish (including donation or conversion through contract for use such as gratuitous lease of child care centers other than the national or public child care centers) and operate the national or public child care centers; in such cases, the national or public child care centers shall be preferentially established in the following areas according to the child care plans under Article 11: <Amended on Jun. 7, 2011; Aug. 13, 2013; Mar. 14, 2017; Dec. 24, 2018; Aug. 16, 2023>
1. Vulnerable areas, such as urban residential areas densely populated by low income people and agricultural and fishing communities;
2. Deleted; <Dec. 24, 2018>
3. Industrial complex areas defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act.
(2) The State and local governments shall, when establishing a national or public child care center pursuant to paragraph (1), undergo deliberation by the local child care policy committee prescribed in Article 6 (1). <Added on Dec. 24, 2018>
(3) The State and local governments shall operate child care centers to be established in multi-family housing defined in subparagraph 3 of Article 2 of the Housing Act pursuant to Article 35 of that Act as national or public child care centers: Provided, That the same shall not apply to cases prescribed by Presidential Decree, such as where a majority of occupants, etc. defined in Article 2 (1) 7 of the Multi-Family Housing Management Act disapproves the operation of such child care centers as national or public child care centers. <Added on Dec. 24, 2018; Dec. 29, 2020>
(4) The size of multi-family housing to establish and operate national or public child care centers pursuant to paragraph (3) and matters necessary for establishing and operating national or public child care centers shall be prescribed by Presidential Decree. <Added on Dec. 24, 2018>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 13 (Establishment of Child Care Centers Other Than National or Public Child Care Centers)
(1) A person who intends to establish and operate child care centers other than national or public child care centers shall obtain authorization from a Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu. The same shall also apply where the person intends to modify an important authorized matter. <Amended on Jun. 7, 2011; Aug. 4, 2011; Dec. 29, 2020>
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor or the head of a Si/Gun/Gu shall, when granting authorization prescribed in paragraph (1), consider the child care demand of the relevant regions. <Added on Jan. 15, 2019; Dec. 29, 2020>
(3) A person who has obtained authorization to establish a child care center pursuant to paragraph (1) shall place the certificate of authorization of the child care center where it can be readily seen by visitors, etc. <Added on Aug. 4, 2011; Jan. 15, 2019>
(4) Matters necessary for authorization under paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011; Jan. 15, 2019; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 14 (Establishment of Workplace Child Care Centers)
(1) Each business owner, who operates a workplace in a size larger than that prescribed by Presidential Decree, shall establish workplace child care centers: Provided, That where a business owner is unable to establish a workplace child care center alone, he or she shall establish and operate a joint workplace child care center with other business owners, or conclude an entrustment contract for child care services with a local child care center (hereinafter referred to as "entrusted child care services" in this Article) to support his or her employees. <Amended on Jun. 7, 2011; May 20, 2014>
(2) Where a business owner provides entrusted child care services pursuant to the proviso of paragraph (1), the ratio of employees' children provided with child care services to those entitled for child care services in the workplace shall exceed a certain ratio prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; May 20, 2014; Dec. 26, 2023>
(3) Matters necessary to establish child care centers, and to provide entrusted child care services, under paragraph (1) shall be prescribed by Ministerial Decree of Education. <Added on May 20, 2014; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 14-2 (Publication of List of Business Entities Failing to Perform Duty to Establish Workplace Child Care Centers)
(1) The Minister of Education and the head of an agency prescribed by Presidential Decree (referred to as "survey agency"; hereafter in this Article the same shall apply) shall annually conduct a fact-finding survey on the fulfillment of obligations, such as establishment of workplace child care centers prescribed in Article 14, and the business owner of a workplace subject to such fact-finding survey shall cooperate with the survey, unless there is a compelling reason not to do so. In such cases, the head of a survey agency shall notify the Minister of Education of the findings of such survey. <Amended on Jun. 10, 2022; Dec. 26, 2023>
(2) The Minister of Education may publish a list of business entities who have failed to perform their duty to establish workplace child care centers, etc., and business entities which have refused to undergo the survey (referred to as "business entities failing to perform duty"; hereafter in this Article the same shall apply) after completing the fact-finding survey referred to in paragraph (1): Provided, That the same shall not apply where any ground specified in Presidential Decree occurs. <Amended on May 20, 2014; Dec. 26, 2023>
(3) The Minister of Education shall, before publishing the list under the main clause of paragraph (2), shall undergo deliberation by the Central Child Care Policy Committee under Article 6 on whether or not to publish such list. <Amended on Jan. 9, 2024>
(4) The Minister of Education shall notify the owner of the business entities included in the list to be published deliberated upon under paragraph (3) of such fact and provide him or her with an opportunity to make explanatory statements, as prescribed by Presidential Decree. <Amended on Dec. 26, 2023; Jan. 9, 2024>
(5) A publication referred to in paragraph (2) shall be made by means of posting the list on the websites of the Ministry of Education and the Ministry of Employment and Labor for 1 year, and publishing it in at least two daily newspapers. <Amended on May 20, 2014; Dec. 26, 2023>
(6) The details and methods of fact-finding surveys on the fulfillment of duty, such as the establishment of workplace child care centers, and matters necessary for the publication of the list of business entities failing to perform duty under paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended on Jan. 9, 2024>
[This Article Added on Dec. 31, 2011]
 Article 15 (Standards for Establishment of Child Care Centers)
Each person, who intends to establish and operate child care centers, shall meet the establishment standards prescribed by Ministerial Decree of Education: Provided, That matters related to the installation of playgrounds, accident prevention facilities, and closed-circuit television cameras shall be governed by Articles 15-2 through 15-4, respectively. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 31, 2011; May 18, 2015; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 15-2 (Installation of Playgrounds)
(1) Each person, who has established or operates a child care center, shall install playgrounds, and the installation standards shall be prescribed by Ministerial Decree of Education: Provided, That the same shall not apply to any of the following child care centers: <Amended on Dec. 26, 2023>
1. Child care centers with a capacity of less than 50 children;
2. Child care centers having playgrounds meeting standards prescribed by Ministerial Decree of Education within a distance of 100 meters.
(2) Notwithstanding paragraph (1), when it is impracticable for a child care center authorized before January 29, 2005 to install playgrounds due to its locational circumstance, such as downtown areas, islands or remote areas, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may exempt the installation of playgrounds, or grant revised authorization by mitigating the installation standards for playgrounds, through deliberation by the relevant local child care policy committee referred to in Article 6 (1) unless any obstacle to child care arises. <Amended on Dec. 29, 2020>
[This Article Added on Jun. 7, 2011]
 Article 15-3 (Accident Prevention Facilities)
(1) Each person, who has established or operates a child care center, shall install accident prevention facilities specific for each floor level, and the installation standards shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
(2) Notwithstanding paragraph (1), when a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, deems that child care centers already authorized before July 3, 2009 (referred to as "authorized child care center"; hereafter in this Article the same shall apply) have no obstruction to accident prevention, he or she may apply the former standards effective as at the time of authorization. In such cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, shall establish and operate a deliberative committee on standards for accident prevention facilities to determine whether authorized child care centers have any obstruction to accident prevention, and shall undergo deliberation by the relevant committee. <Amended on Dec. 29, 2020>
(3) Each deliberative committee on the standards for accident prevention facilities referred to in paragraph (2) shall be comprised of at least five members appointed or commissioned by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, from among the following persons; in such cases, at least one half of the whole members shall be comprised of persons who fall under subparagraphs 1 through 4, and the chairperson shall be elected by and from among the members: <Amended on Dec. 29, 2020; Nov. 30, 2021>
1. Firefighting officers;
2. Professional firefighting engineers;
3. Firefighting equipment managers;
4. Persons with professional knowledge of firefighting and disaster prevention referred to in Article 11 of the Act on Fire Prevention and Safety Control;
5. Public officials in charge of child care-related affairs;
6. Professors in the child care-related field, working for a school referred to in Article 2 of the Higher Education Act.
(4) The provisions pertaining to local child care policy committees referred to in Article 6 shall apply mutatis mutandis to matters necessary for the term of office of members, operation, meetings, etc.
[This Article Added on Dec. 31, 2011]
 Article 15-4 (Installation of Closed-Circuit Television Cameras)
(1) Each person, who has established or operates a child care center, shall install or manage closed-circuit television cameras under the Personal Information Protection Act and relevant statutes or regulations (hereinafter referred to as "closed circuit television") to secure the safety of infants and young children, such as prevention of child abuse, and to provide security to the child care center: Provided, That the same shall not apply to either of the following cases: <Amended on Dec. 29, 2020>
1. Where a person, who has established or operates a child care center, files a report with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu after obtaining consent from all the guardians;
2. Where a person, who has established or operates a child care center, has installed network cameras under the Personal Information Protection Act and relevant statutes or regulations after obtaining consent from all the guardians and child care teachers and staff.
(2) Each person in charge of installing or managing closed-circuit television cameras pursuant to paragraph (1) shall observe the following so as not to infringe on the rights of data subjects, such as infants, young children, and child care teachers and staff:
1. He or she shall collect video information to the minimum extent possible by lawful and reasonable means to secure the safety of infants and young children, such as preventing child abuse, and to provide security to a child care center, and shall ensure that such information is not used for any purpose other than the intended purpose;
2. He or she shall manage video information safely, taking into account the possibility of infringing on the rights of data subjects, such as infants, young children, and child care teachers and staff, and the degree of harm involved;
3. He or she shall handle video information in a manner that minimizes invasion of privacy of data subjects, such as infants, young children, and child care teachers and staff.
(3) Each person, who has established or operates a child care center, shall keep video information recorded in a closed-circuit television camera for at least 60 days.
(4) Matters necessary for the standards for installation and management of closed-circuit television cameras, the method, procedures and requirements for obtaining consent or filing a report under paragraph (1), and the standards, period, etc., for storage of video information under paragraph (3) shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on May. 18, 2015]
 Article 15-5 (Prohibition of Inspection of Video Information)
(1) No person in charge of installing or managing closed-circuit television cameras shall make the video information under Article 15-4 (1) available for inspection, except in any of the following cases: <Amended on Jun. 8, 2021; Dec. 26, 2023>
1. Where a guardian requests the original or copy, etc. of video information in accordance with the timing of, procedures, method, etc. for inspection as prescribed by Ministerial Decree of Education, for the purpose of ascertaining the safety of his or her child or a child under his or her guardianship;
2. Where a public institution defined in subparagraph 6 (a) of Article 2 of the Personal Information Protection Act requests inspection thereof to conduct affairs related to the safety of infants and young children prescribed in relevant statutes or regulations, including Article 42 of this Act, and Article 66 of the Child Welfare Act;
3. Where inspection thereof is necessary to investigate crimes, to institute or maintain public prosecution, or to conduct trial affairs of a court;
4. Other cases where an institution, which conducts safety affairs related to child care and is prescribed by Ministerial Decree of Education, requests inspection thereof in accordance with the timing, procedures, method, etc., for inspection prescribed by Ministerial Decree of Education to perform its duties.
(2) No person, who establishes or operates a child care center, shall commit any of the following: <Amended on Dec. 26, 2023>
1. Arbitrarily manipulating a closed-circuit television camera for any purpose other than its installation purpose specified in Article 15-4 (1), or making it focus on a place other than the originally intended place;
2. Using its sound recording function, or storing video information in a device or apparatus other than the storage device prescribed by Ministerial Decree of Education.
(3) Each person, who has established or operates a child care center, shall take technical, managerial, and physical measures necessary to secure safety, such as formulating internal management plans and keeping access records, to prevent the video information referred to in Article 15-4 (1) from being lost, stolen, leaked, modulated, or damaged, as prescribed by Presidential Decree.
(4) To ensure that the rights of data subjects, such as infants, young children, and child care teachers and staff, are not infringed due to the installation or management of closed-circuit television cameras at child care centers or the inspection of the relevant video information, the State and local governments shall examine and check the actual status of installation, management, and inspection at least once a year, as prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
(5) Except as provided in this Act, no one shall divulge, alter, damage, or destroy video information referred to in Article 15-4 (1). <Added on Aug. 8, 2023>
(6) Except as provided in this Act, the Personal Information Protection Act (excluding Article 25) shall apply to the installation and management of closed-circuit television cameras, and the perusal of the relevant video information. <Amended on Aug. 8, 2023>
[This Article Added on May. 18, 2015]
 Article 16 (Grounds for Disqualification)
None of the following persons shall establish and operate any child care center: <Amended on Jun. 7, 2011; Aug. 13, 2013; May 28, 2014; May 18, 2015; Dec. 11, 2018; Dec. 29, 2020>
1. A minor, a person under adult guardianship, or a person under limited guardianship;
3. A person addicted to narcotics, etc. defined in subparagraph 1 of Article 2 of the Narcotics Control Act;
4. A person declared bankrupt, but not yet reinstated;
5. A person for whom five years (or 20 years if he or she has committed a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act) have not elapsed since his or her imprisonment without labor or a heavier punishment declared by a court was completely executed (including where such execution is deemed completed) or exempted;
6. A person who is under suspension of the execution of his or her imprisonment without labor or a heavier punishment declared by a court: Provided, That a person to whom a suspended sentence of imprisonment without prison labor or a heavier punishment has been declared by a court for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act shall remain disqualified until 20 years elapse after such suspended sentence is final and conclusive;
7. A person for whom five years have not elapsed since he or she was ordered to close a child care center pursuant to Article 45, or a person for whom five years have not elapsed since such order was issued pursuant to Article 32 of the Early Childhood Education Act;
8. A person for whom two years have not elapsed since a fine of not less than three million won was imposed pursuant to Article 54 (2) through (4), or 10 years have not elapsed since a fine was imposed for any child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act;
9. A person who fails to perform an order to undergo education under Article 23-3.
[This Article Wholly Amended Oct. 17, 2007]
[Decision of simple unconstitutionality, 2019Heon-Ma813, Sep. 29, 2022; the provisions concerning cases where a person is punished under Article 71 (1) 2 of the Child Welfare Act for violations of subparagraph 5 of Article 17 of the Child Care Act while falling in the latter part of subparagraph 8 of Article 16 of the Child Welfare Act (Amended by Act No. 13321 on May 18, 2015), the provisions concerning cases where a person is punished under Article 71 (1) 2 of the Child Welfare Act for violations of subparagraph 5 of Article 17 of the Child Welfare Act while falling in the latter part of subparagraph 8 of Article 16 that are prescribed in subparagraph 1 of Article 20 of the aforesaid Act, and the provisions concerning cases where a person is punished under Article 71 (1) 2 of the Child Welfare Act for violations of subparagraph 5 of Article 17 of the Child Welfare Act while falling in the main clause of Article 48 (2) 2 of the aforesaid Act violate the Constitution.]
 Article 16-2 (Separate Sentence of Fines)
Notwithstanding Article 38 of the Criminal Act, a person who has committed concurrent crimes that involve a crime prescribed in Article 54 (2) through (4) and any other crime shall be separately sentenced to fines for the respective crimes.
[This Article Added on Dec. 29, 2020]
CHAPTER III CHILD CARE TEACHERS AND STAFF
 Article 17 (Placement of Child Care Teachers and Staff)
(1) Child care teachers and staff shall be placed in child care centers. <Amended on Jun. 7, 2011>
(2) A child care center operated by dividing child care hours pursuant to Article 24-2 (1) may place child care teachers by child care hour prescribed in the subparagraphs of that paragraph. <Added on Apr. 30, 2019>
(3) Child care centers shall place assistant teachers, etc. to reduce the work burden of child care teachers. <Added on May 18, 2015; Apr. 30, 2019>
(4) Where a child care teacher is unable to perform his or her duties due to vacation, continuing education, etc., a substitute teacher shall be placed to perform duties on his or her behalf. <Added on May 18, 2015; Apr. 30, 2019>
(5) Matters necessary for the standards for placing child care teachers and staff, and other personnel shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; May 18, 2015; Apr. 30, 2019; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 18 (Duties of Child Care Teachers and Staff)
(1) The principals of child care centers shall have overall control of the child care centers, guide and supervise child care teachers and other staff members, and care for infants and young children. <Amended on Jun. 7, 2011>
(2) Child care teachers shall care for infants and young children and shall perform the duties of the principals of the child care centers on behalf of the principals when they are unable to exercise their duties due to unavoidable reasons. <Amended on Jun. 7, 2011>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 18-2 (Responsibilities of Child Care Teachers and Staff)
(1) In caring for infants and young children, no child care teachers and staff shall inflict physical or mental pain, including screaming, abusive language, etc., on infants and young children. <Amended on Mar. 14, 2017>
(2) Child care teachers and staff member shall do best to pay attention to the protection of lives and safety of infants and young children and prevention of danger in the conduct of duties. <Added on Mar. 14, 2017>
[This Article Added on May. 18, 2015]
 Article 19 (Appointment and Dismissal of Child Care Teachers and Staff)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall manage the matters concerning the appointment, dismissal and career, etc. of child care teachers and staff to ensure the rights and interests of child care teachers and staff, and to improve their working conditions. <Amended on Jun. 7, 2011; Aug. 4, 2011; Dec. 29, 2020>
(2) The principals of child care centers shall report matters concerning the appointment and dismissal of child care teachers and staff to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 4, 2011; Dec. 29, 2020; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 20 (Grounds for Disqualification)
None of the following persons shall be employed by any child care center: <Amended on Jun. 7, 2011; Aug. 13, 2013>
1. A person who falls under any of the subparagraphs of Article 16;
2. A person whose qualification has been suspended pursuant to Article 46 or 47;
3. A person for whom the period for reissuing qualifications under Article 48 (1) has not elapsed since his or her qualifications were revoked pursuant to Article 48 (2).
[This Article Wholly Amended Oct. 17, 2007]
[Decision of simple unconstitutionality, 2019Heon-Ma813, Sep. 29, 2022; the provisions concerning cases where a person is punished under Article 71 (1) 2 of the Child Welfare Act for violations of subparagraph 5 of Article 17 of the Child Care Act while falling in the latter part of subparagraph 8 of Article 16 of the Child Welfare Act (Amended by Act No. 13321 on May 18, 2015), the provisions concerning cases where a person is punished under Article 71 (1) 2 of the Child Welfare Act for violations of subparagraph 5 of Article 17 of the Child Welfare Act while falling in the latter part of subparagraph 8 of Article 16 that are prescribed in subparagraph 1 of Article 20 of the aforesaid Act, and the provisions concerning cases where a person is punished under Article 71 (1) 2 of the Child Welfare Act for violations of subparagraph 5 of Article 17 of the Child Welfare Act while falling in the main clause of Article 48 (2) 2 of the aforesaid Act violate the Constitution.]
 Article 21 (Qualifications for Principals or Child Care Teachers of Child Care Centers)
(1) The principals of child care centers shall be persons qualified as prescribed by Presidential Decree, who have acquired a certificate of qualification approved and issued by the Minister of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
(2) Child care teachers shall be any of the following persons who have acquired a certificate of qualification approved and issued by the Minister of Education: <Amended on Jan. 17, 2008; Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011; Dec. 26, 2023>
1. A person who has acquired an academic degree higher than a two-year bachelor, and completed a course related to child care with credits prescribed by Ministerial Decree of Education from a school as defined in Article 2 of the Higher Education Act;
1-2. A person recognized as having an academic background at least equivalent to a graduate from a school as defined in Article 2 of the Higher Education Act pursuant to statutes or regulations, and who has acquired an academic degree higher than a two-year bachelor and completed a course related to child care with credits prescribed by Ministerial Decree of Education;
2. A graduate from a high school or any other school at least equivalent to high school and has completed due curricula in educational and training facilities designated by the Mayor/Do Governor.
(3) Child care teachers falling under paragraph (2) shall be graded I, II, or III, and the standards for qualification by grade shall be prescribed by Presidential Decree.
(4) Matters necessary for the designation and cancellation of designation of educational and training facilities, curricula, etc. referred to in paragraph (2) 2 shall be prescribed by Ministerial Decree of Education. <Added on Aug. 4, 2011; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 22 (Issuance of Certificates of Qualification as Principals or Child Care Teachers of Child Care Centers)
(1) The Minister of Education shall examine the qualifications as principals and child care teachers of child care centers pursuant to Article 21 (1) and (2) and issue certificates of qualifications. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
(2) The Minister of Education may collect fees, as prescribed by Ministerial Decree of Education, from persons who intend to have a certificate of qualification as a principal or child care teacher of a child care center issued or re-issued (hereinafter referred to as "issuance, etc. of certificates of qualification for child care") pursuant to paragraph (1). <Added on Jun. 7, 2011; Dec. 26, 2023>
(3) Deleted. <Aug. 4, 2011>
(4) Deleted. <Aug. 4, 2011>
(5) A public or civil institution or organization entrusted with affairs concerning the issuance, etc. of certificates of qualification for child care pursuant to Article 51-2 (1) 2 may appropriate fees it collects under paragraph (2) directly for costs incurred in the issuance, etc. of certificates of qualification for child care, after obtaining approval from the Minister of Education. <Added on Jun. 7, 2011; Aug. 4, 2011; Dec. 26, 2023>
(6) Matters necessary for the issuance, etc. of certificates of qualification for child care shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 22-2 (Prohibition on Lending Name)
(1) No principal or child care teacher of any child care center shall permit any third person to perform any of the duties of such principal or child care teacher of the relevant child care center by using his or her name or under the title of such child care center. <Amended on Jun. 7, 2011; Apr. 7, 2020>
(2) No person issued a certificate under Article 22 (1) shall lend his or her license certificate to another person; and no one shall borrow such certificate. <Added on Apr. 7, 2020>
(3) No person shall engage in brokering any act prohibited under paragraph (2). <Added on Apr. 7, 2020>
[This Article Wholly Amended Oct. 17, 2007]
 Article 23 (Continuing Education for Principals of Child Care Centers)
(1) The Minister of Education shall provide continuing education to improve the quality of the principals of child care centers. In such cases, continuing education shall be conducted in the form of off-the-job training. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 31, 2011; May 18, 2015; Dec. 26, 2023>
(2) Continuing education referred to in paragraph (1) shall be divided into preliminary on-the-job education and on-the-job education. <Amended on Dec. 31, 2011>
(3) Deleted. <Aug. 4, 2011>
(4) Continuing education referred to in paragraph (1) shall include the following: <Added on May 18, 2015; Dec. 29, 2015; Dec. 26, 2023>
1. Prevention of sexual violence and child abuse;
2. Precaution against, and prevention of, missing and kidnapping;
3. Prevention of infectious diseases and drug misuse and abuse, and management of health and hygiene;
4. Safety measures against disasters;
5. Traffic safety;
6. Improving human nature of the principals of child care centers (including education on protecting human rights of infants and young children);
7. Other matters prescribed by Ministerial Decree of Education.
(5) Other matters necessary for the period, method, etc., of continuing education shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011; May 18, 2015; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Dec. 31, 2011]
 Article 23-2 (Continuing Education for Child Care Teachers)
(1) The Minister of Education shall provide continuing education to improve the quality of child care teachers. In such cases, continuing education shall be conducted in the form of off-the-job training. <Amended on May 18, 2015; Dec. 26, 2023>
(2) Continuing education referred to in paragraph (1) shall be divided into on-the-job education and promotion education.
(3) Continuing education referred to in paragraph (1) shall include the following: <Added on May 18, 2015; Dec. 29, 2015; Dec. 26, 2023>
1. Prevention of sexual violence and child abuse;
2. Precaution against, and prevention of, missing and kidnapping;
3. Prevention of infectious diseases and drug misuse and abuse, and management of health and hygiene;
4. Safety measures against disasters;
5. Traffic safety;
6. Improving human nature of child care teachers (including education on protecting human rights of infants and young children);
7. Other matters prescribed by Ministerial Decree of Education.
(4) Other necessary matters concerning the period, method, etc., of continuing education shall be prescribed by Ministerial Decree of Education. <Amended on May 18, 2015; Dec. 26, 2023>
[This Article Added on Dec. 31, 2011]
 Article 23-3 (Order to Undergo Education)
(1) Where a person, who has committed a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, intends to establish and operate, or work for, a child care center because he or she is not disqualified under subparagraphs 5 through 8 of Article 16 or subparagraph 1 of Article 20 (limited to subparagraphs 5 through 8 of Article 16), the Minister of Education shall order such person to first undergo education for the prevention of child abuse. In such cases, expenses incurred in conducting education shall be borne by the person who undergoes education. <Amended on May 18, 2015; Dec. 26, 2023>
(2) Matters necessary for issuing an order to undergo education referred to in paragraph (1), such as procedures, educational institutions, method and curricula of education, shall be determined by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on Aug. 13, 2013]
CHAPTER IV OPERATION OF CHILD CARE CENTERS
 Article 24 (Standards for Operation of Child Care Centers)
(1) An establisher/operator of a child care center shall operate it pursuant to the standards for operation of child care centers prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
(2) The State or a local government may entrust the operation of a national or public child care center established under Article 12 to a corporation, organization, or individual. In such cases, the deliberation shall be conducted pursuant to the standards for selection and management of entities to which national or public child care centers are entrusted, which are prescribed by Ministerial Decree of Education, and the method of open tender shall apply to the first entrustment, except where any of the following persons is entrusted: <Amended on Jan. 17, 2008; Jun. 7, 2011; Aug. 4, 2011; Dec. 11, 2018; Dec. 29, 2020; Dec. 26, 2023>
1. When a private child care center is donated to the State or a local government to be converted into a national or public child care center, the establisher/operator of the child care center before the donation;
2. When establishing a national or public child care center, the person who has donated the relevant site or building to the State or a local government or has allowed the State or a local government to use it without compensation;
3. When a private child care center established under the Housing Act is converted into a national or public child care center, the establisher/operator of the child care center before the conversion.
(3) A business owner who has established a workplace child care center pursuant to Article 14 may entrust the operation thereof to a corporation, organization, or individual. <Amended on Jun. 7, 2011>
(4) Matters necessary for the entrustment of child care centers and cancellation thereof, etc. under paragraphs (2) and (3) shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 4, 2011; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 24-2 (Division of Child Care Hours)
(1) A child care center may be operated by dividing child care hours as follows: <Amended on Dec. 26, 2023>
1. Basic child care: A course essentially provided to all infants and young children using the child care center, in which child care services are provided for hours equal to or below the hours prescribed by Ministerial Decree of Education;
2. Extended child care: A child care service provided to meet the needs, etc. of guardians in excess of the basic child care.
(2) Matters concerning the standards for and details of operating child care hours under paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on Apr. 30, 2019]
 Article 25 (Child Care Center Operating Committees)
(1) The principal of each child care center may establish and operate a child care center operating committee within the child care center, to enhance autonomy and transparency in the operation of the child care center, and to provide child care services suitable for local conditions and characteristics by strengthening ties with the local community: Provided, That a child care center which shall preferentially provide child care services to the vulnerable under Article 26, and a child care center prescribed by Presidential Decree, shall establish and operate a child care center operating committee. <Amended on Jun. 7, 2011>
(2) A child care center operating committee shall be comprised of the principal of the relevant child care center, representatives of child care teachers, representatives of parents, and prominent persons of the local community (in cases of a workplace child care center, referring to the person in charge of the affairs of the child care center in the relevant workplace). In such cases, the representatives of parents shall account for at least a half of the members of the committee. <Amended on Jun. 7, 2011; May 18, 2015>
(3) The principal of a child care center shall determine the fixed number of members of a child care center operating committee, in consideration of the size, etc. of the relevant child care center, as prescribed by Presidential Decree, so that the committee consists of at least five but not exceeding 15 members. In such cases, the parents’ representatives shall be organized to increase the representation of the ages, etc. of infants and young children as much as possible. <Amended on Jun. 7, 2011; Dec. 29, 2020>
(4) Each child care center operating committee shall deliberate on the following: <Amended on Jun. 7, 2011; Aug. 4, 2011; Aug. 13, 2013; May 18, 2015; Dec. 29, 2020>
1. Matters concerning the establishment of, or amendment to, operating rules of the relevant child care center;
2. Matters concerning budget reporting and the settlement of accounts of the relevant child care center;
3. Matters concerning the health, nutrition, and safety of infants and young children;
3-2. Matters regarding the prevention of child abuse;
4. Matters concerning the operation of the child care center, such as hours of caring for infants and young children and the method of operating child care courses;
5. Matters concerning the improvement of working conditions of child care teachers and staff;
5-2. Matters concerning the protection of the rights and interests of child care teachers and staff;
6. Matters concerning the improvement of nursing environment for infants and young children;
7. Matters concerning cooperation between the child care center and local communities;
8. Matters concerning determination on the amount of expenses to be received within the limit under Article 38 (1), where the relevant child care center receives necessary expenses other than child care fees;
9. Other matters concerning proposals and recommendations on the operation of the child care center.
(5) Meetings of a child care center operating committee shall be held at least four times a year. <Added on May 18, 2015>
(6) Other matters necessary for the establishment and operation of child care center operating committees shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; May 18, 2015; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 25-2 (Parental Monitoring Groups)
(1) A Mayor/Do Governor or the head of a Si/Gun/Gu may establish and operate a monitoring group comprised of parents and child care and health care experts (hereafter in this Article, referred to as "parental monitoring group") to monitor the environment of child care centers and provide consultation for improving the environment thereof.
(2) Each parental monitoring group shall perform the following duties: <Amended on Dec. 26, 2023>
1. Monitoring the state of operation of child care centers, such as meals, hygiene, health, and safety management;
2. Consultation to improve the environment of child care centers;
3. Other matters related to child care prescribed by Ministerial Decree of Education.
(3) Each parental monitoring group shall be comprised of up to 10 persons and commissioned by the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu.
(4) A Mayor/Do Governor or the head of a Si/Gun/Gu may provide persons commissioned as members of a parental monitoring group with education necessary for performing their duties.
(5) The State and each local government may provide full or partial subsidies for expenses incurred in the organization, operation, education, etc. of parental monitoring groups, within the budget.
(6) Each parental monitoring group may visit child care centers to perform its duties listed under paragraph (2), and in such cases, after first obtaining approval from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu.
(7) Where a parental monitoring group visits a child care center after obtaining approval required in paragraph (6), it shall produce a written approval and an identification certificate to the relevant persons, such as the principal of the child care center.
(8) Where public officials visit a child care center to investigate its operating condition pursuant to Article 42, a parental monitoring group may visit the child care center together with such public officials. In such cases, it need not obtain approval from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu.
(9) Details necessary for the composition, operation, education, subsidization, duties, etc. of parental monitoring groups referred to in paragraphs (1) through (8), shall be determined by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on Jun. 4, 2013]
 Article 25-3 (Child Care Center Observation by Guardians)
(1) Guardians may request the principal of a child care center to allow their child care center observation to check its operation realities, such as the care environment for infants and young children and the details of child care. In such cases, the principal of a child care center shall comply with such request unless there is a compelling reason not to do so.
(2) Matters necessary for the standards, method, etc., for observation referred to in paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on May. 18, 2015]
 Article 26 (Preferential Provision of Child Care Services for the Vulnerable)
(1) The principals of child care centers established by the State, local governments, social welfare corporations, and other nonprofit corporations, and child care centers prescribed by Presidential Decree shall preferentially provide child care services for infants, children with disabilities, children of multicultural families, etc. defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act. (hereinafter referred to as "child care services for the vulnerable"). <Amended on Dec. 19, 2008; Jun. 7, 2011>
(2) The Minister of Education, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall formulate and implement various policies necessary to vitalize child care services for the vulnerable. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 26, 2023>
(3) Matters necessary for the type, provision, etc., of child care services for the vulnerable shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
 Article 26-2 (Part-Time Child Care Services)
(1) If necessary, the State or a local government may support part-time child care services for infants and young children who do not benefit from child care without compensation under Article 34, or free-of-charge education under Article 24 of the Early Childhood Education Act. In such cases, types, eligibility, supporting methods of part-time child care services, and other matters necessary for the provision of part-time child care services shall be determined by Ministerial Decree of Education. <Amended on Dec. 24, 2018; Dec. 26, 2023>
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may designate any of the following facilities as an institution providing part-time child care services (hereafter in this Article, referred to as "part-time child care services provider"): <Amended on Dec. 24, 2018; Dec. 26, 2023>
1. Child care support centers;
2. Child care centers;
3. Other facilities prescribed by Ministerial Decree of Education which can provide part-time child care services.
(3) The Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu may subsidize expenses incurred in providing part-time child care services to part-time child care services providers, within the budget. <Amended on Dec. 24, 2018; Dec. 26, 2023>
(4) Where a part-time child care service provider falls under any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may cancel designation referred to in paragraph (2): <Amended on Dec. 24, 2018; Dec. 29, 2020>
1. Where a part-time child care service provider uses a subsidy or expenses for other than the intended purpose;
2. Where a part-time child care service provider receives a subsidy or expenses by fraud or other improper means;
3. Where any other cause prescribed by Presidential Decree exists.
(5) Article 31-2 shall apply mutatis mutandis to the prevention of accidents at a part-time child care service provider and compensation for harm to the lives, bodies, etc. of infants and young children caused by an accident. In such cases, "child care center" shall be construed as "part-time child care service provider" and "principal of a child care center" as "head of a part-time child care service provider." <Amended on Dec. 24, 2018>
[This Article Added on Jun. 4, 2013]
[Title Amended on Dec. 24, 2018]
 Article 27 (Eligibility for Use of Child Care Centers)
Those eligible for using child care centers shall be infants and young children who need child care: Provided, That the principals of child care centers may, if necessary, extend their child care by up to 12 years in full. <Amended on Jun. 7, 2011>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 28 (Preferential Provision of Child Care)
(1) The principals of child care centers established by the State, local governments, social welfare corporations, and other non-profit corporations and the child care centers prescribed by Presidential Decree shall allow any of the following persons to preferentially use the child care centers: Provided, That the principals of child care centers established and operated by public organizations or non-profit corporations entrusted with the establishment and operation of the employment promotion facilities pursuant to Article 40 (2) of the Framework Act on Employment Policy may allow workers' children to preferentially use such child care centers: <Amended on Oct. 17, 2007; Feb. 29, 2008; Oct. 9, 2009; Jan. 18, 2010; Jun. 7, 2011; Aug. 13, 2013; Feb. 3, 2016; Mar. 14, 2017; Dec. 19, 2017; Dec. 11, 2018; Aug. 8, 2023; Dec. 26, 2023>
1. Beneficiaries designated under the National Basic Living Security Act;
2. Children of persons eligible for support under Article 5 of the Single-Parent Family Support Act;
2-2. Grandchildren of persons eligible for support under Article 5-2 (2) of the Single-Parent Family Support Act;
3. Children of the near-poverty class under Article 24 of the National Basic Living Security Act;
4. Children of persons with the degree of disability prescribed by Ministerial Decree of Education among persons with disabilities defined in Article 2 of the Act on Welfare of Persons with Disabilities;
4-2. Infants and young children whose sibling has the degree of disability prescribed by Ministerial Decree of Education among persons with disabilities defined in Article 2 of the Act on Welfare of Persons with Disabilities;
5. Children of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act;
6. Children of soldiers or police officers killed in action in subparagraph 3, soldiers, police officers, or persons wounded in action in subparagraph 4, 6, 12, 15, or 17 prescribed by Ministerial Decree of Education, and soldiers, police officers, or persons killed in the line of duty in subparagraph 5, 14, or 16, among persons of distinguished service to the State prescribed in Article 4 (1) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
7. Children who have type 1 diabetes and have no problem in caring, as they are easily treated medically and able to live a daily life normally;
8. Children of other persons prescribed by Ministerial Decree of Education, considering the level of income, demand for child care, etc.
(2) Each business owner shall enable children of workers of his or her place of business to preferentially use its workplace child care center. <Amended on Jun. 7, 2011>
(3) Matters concerning methods of application to, standards for, etc. of persons eligible for preferential use of child care centers prescribed in paragraph (1) shall be prescribed by Ministerial Decree of Education. <Added on Mar. 14, 2017; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
 Article 29 (Child Care Courses)
(1) Child care courses shall be comprised of curricula to promote the bodily, emotional, linguistic, social, and cognitive development of infants and young children.
(2) The Minister of Education shall develop and proliferate standard child care courses and, if necessary, modify and supplement such standard child care courses through the review of their curricula. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 26, 2023>
(3) The principals of child care centers shall endeavor to care for infants and young children by means of the standard child care courses pursuant to paragraph (2). <Amended on Jun. 7, 2011>
(4) The principals of child care centers may conduct extracurricular activity programs, other than the child care courses, for infants and young children of at least a certain age provided inside and outside of the child care centers within a certain time zone determined by Ministerial Decree of Education (hereinafter referred to as "extracurricular activity") after obtaining consent from their guardians. In such cases, the principals of such child care centers shall prepare programs as an alternative to the extracurricular activity for infants and young children not participating in the extracurricular activity. <Added on Aug. 13, 2013; Dec. 26, 2023>
(5) Matters necessary for child care courses in paragraph (1), the age of infants and young children eligible for, and details of, the extracurricular activity under paragraph (4), and other matters, shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 13, 2013; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
 Article 29-2 (Records of Life in Child Care Centers)
The principals of child care centers shall prepare and manage records of the lives of infants and young children pursuant to the standards prescribed by the Minister of Education by comprehensively observing and evaluating the conditions of development, etc. of the infants and young children so that the records may be used for living guidance of the infants and young children and for guidance linked with elementary school education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 30 (Evaluation of Child Care Centers)
(1) For the safety of infants and young children and the improvement of quality of child care services, the Minister of Education shall evaluate the environment of child care centers, operation of child care courses, expertise of child care workers, level of satisfaction of users, etc. on a regular basis. <Amended on Dec. 26, 2023>
(2) The Minister of Education may provide necessary support, such as management of child care services at child care centers and support for the operation of child care centers, based on the results of the evaluation under paragraph (1). <Amended on Dec. 26, 2023; Jan. 2, 2024>
(3) The Minister of Education shall publish the results of the evaluation of child care centers under paragraph (1) by area. <Amended on Dec. 26, 2023; Jan. 2, 2024>
(4) If any of the following grounds arises at a child care center evaluated pursuant to paragraph (1), the Minister of Education shall suspend the validity of the results of such evaluation and conduct re-evaluation. <Amended on Dec. 26, 2023; Jan. 2, 2024>
1. Where a child care center receives an evaluation by fraud or other improper means;
2. Where an establisher/operator of a child care center is sentenced to imprisonment without labor or a heavier punishment by violating this Act and such sentence is made final and conclusive;
3. Where a child care center is subject to an order to return a subsidy pursuant to subparagraph 2 or 3 of Article 40, or to an administrative disposition prescribed in Article 45, 45-2, or 46 through 48, which is prescribed by Ministerial Decree of Education;
4. Where the representative, or child care teachers and staff of a child care center violates Article 17 of the Child Welfare Act, or commits a sexual crime against children or youths defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses.
(5) The Minister of Education may provide necessary support after conducting evaluation in order to manage the quality of child care services provided by the child care centers that have been evaluated pursuant to paragraph (1). <Amended on Dec. 26, 2023; Jan. 2, 2024>
(6) Necessary matters, such as the timing and method of evaluation under paragraphs (1), (3), and (4), suspension of the validity of, and re-evaluation, of evaluation results, and the details and methods of the publication of the evaluation results shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023, Jan. 2, 2024>
[This Article Wholly Amended on Dec. 11, 2018]
 Article 30-2 (Designation of Quasi-Public Child Care Centers)
(1) In order to enhance the public nature and management system in operating child care centers, the Minister of Education may designate quasi-public child care centers, which meet the requirements prescribed by Ministerial Decree of Education, such as the type of child care centers. <Amended on Dec. 26, 2023; Jan. 2, 2024>
(2) A person who establishes and operates a quasi-public child care center designated pursuant to paragraph (1) shall comply with the operation standards for quasi-public child care centers prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
(3) The effective period of designation of the quasi-public child care centers referred to in paragraph (1) shall be three years, beginning on the first day of the month immediately following the month of designation, and the quasi-public child care centers may be re-designated every three years.
(4) Matters necessary for the procedures for designation under paragraph (1), and the standards, procedures, etc. for re-designation under paragraph (3) shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on Jun. 8, 2021]
 Article 30-3 (Revocation of Designation of Quasi-Public Child Care Centers)
(1) Where a quasi-public child care center designated pursuant to Article 30-2 (1) falls under any of the following subparagraphs, the Minister of Education may revoke the designation thereof: Provided, That where the quasi-public child care center falls under subparagraph 1, he or she shall revoke the designation thereof: <Amended on Dec. 26, 2023>
1. Where it is designated by fraud or other improper means;
2. Where it ceases to meet the requirements for designation specified in Article 30-2 (1) or the standards for re-designation under paragraph (4) of that Article;
3. Where it violates the operation standards for quasi-public child care centers prescribed in Article 30-2 (2).
(2) Matters necessary for the revocation of designation under paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on Jun. 8, 2021]
CHAPTER V HEALTH, NUTRITION AND SAFETY
 Article 31 (Health Care and Emergency Measures)
(1) The principal of a child care center shall conduct regular medical checkups of infants, young children, and child care teachers and staff, but may replace those with health examinations under Article 52 of the National Health Insurance Act and Article 14 of the Medical Care Assistance Act: Provided, That the principal shall care for the health of infants and young children by requiring their guardians to submit a notice of the result of the health examination, and by preparing and managing the records of the lives of infants and young children under Article 29-2 that include such result. <Amended on Dec. 29, 2020>
(2) The principals of child care centers shall, if any emergency situation affects an infant or young child due to a disease, accident, or disaster, immediately transport him or her to an emergency medical institution. <Amended on Jun. 7, 2011>
(3) Matters necessary for details of standards, matters, etc. of medical checkups, under paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 14, 2017; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
 Article 31-2 (Mutual Aid Business for Safety of Child Care Centers)
(1) Mutual aid business for safety of child care centers (hereinafter referred to as "mutual aid business") may be conducted through a cooperative organization of child care centers with permission of the Minister of Education in order to prevent accidents in child care centers and compensate infants, young children, and child care teachers and staff for loss of their lives, bodily harm, or property damage caused by accidents in child care centers. <Amended on Jan. 18, 2010; Jun. 7, 2011; Aug. 4, 2011; Dec. 26, 2023>
(2) A mutual aid association for safety of child care centers (hereinafter referred to as "mutual aid association") established for mutual aid business shall be a corporation and be duly formed by completing registration for corporation at the registry of its principal place of business. <Amended on Jun. 7, 2011>
(3) The principals of child care centers shall become members of a mutual aid association. <Amended on Aug. 4, 2011>
(4) The principal of a child care center who is a member of a mutual aid association shall pay money invested to conduct mutual aid business, the following mutual aid fees, etc. to the mutual aid association: Provided, That mutual aid fees referred to in subparagraphs 2 and 3 may be paid selectively by the principals of child care centers: <Added on Aug. 4, 2011>
1. Mutual aid fees to compensate for harm to the lives and bodies of infants and young children;
2. Mutual aid fees to compensate for harm to the lives and bodies of child care teachers and staff, etc.;
3. Mutual aid fees to compensate for loss to the property of child care centers.
(5) An endowment of the mutual aid association shall be created with investments, etc. of members: Provided, That the Minister of Education may partially subsidize expenses incurred in establishing and operating the head office of the mutual aid association. <Amended on Jan. 18, 2010; Aug. 4, 2011; Dec. 26, 2023>
(6) Qualifications for membership, matters concerning executive officers, and matters concerning the standards for a share in investments of the mutual aid association shall be prescribed by the articles of association. <Amended on Aug. 4, 2011>
(7) The standards and procedures for permission for establishment, particulars to be stated in the articles of association, matters necessary for operation and supervision, etc. of the mutual aid association shall be prescribed by Presidential Decree. <Amended on Aug. 4, 2011>
(8) The mutual aid association shall determine the regulations on mutual aid, including matters necessary for operating the mutual aid business, such as the scope of the mutual aid business, fees for mutual aid, and a liability reserve for appropriation to the mutual aid business, and obtain permission therefor from the Minister of Education. The same shall also apply when it intends to amend the regulations on mutual aid. <Amended on Jan. 18, 2010; Aug. 4, 2011; Dec. 26, 2023>
(9) Except as provided in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the mutual aid associations. <Amended on Aug. 4, 2011>
(10) The Insurance Business Act shall not apply to the mutual aid business of the mutual aid association under this Act. <Amended on Aug. 4, 2011>
(11) The principals of child care centers who pay the mutual aid fee referred to in paragraph (4) 3 shall be deemed to have performed the duty to subscribe to insurance pursuant to Article 34-3 of the Social Welfare Services Act. <Added on Aug. 4, 2011; Dec. 24, 2018>
(12) The head of a child care support center who is a member of a mutual aid association pursuant to Article 7 (6) may choose to pay the mutual aid fees referred to in the subparagraphs of paragraph (4): Provided, That the head of a child care support center that provides part-time child care services, or experience and play spaces for infants and young children shall be obligated to pay the mutual aid fees under paragraph (4) 1. <Added on Dec. 29, 2020; Dec. 21, 2021>
[This Article Added on Dec. 19, 2008]
[Title Amended on Jun. 7, 2011]
 Article 31-3 (Confirmation of Protective Inoculation)
(1) The principal of a child care center shall confirm facts about the protective inoculation of infants and young children by utilizing the integrated vaccination management system prescribed in Article 33-4 of the Infectious Disease Control and Prevention Act each year on a regular basis: Provided, That in cases of providing child care services to an infant or young child for the first time, he or she shall confirm such facts within 30 days from the date he or she provides the child care services. <Amended on Dec. 24, 2018; Dec. 29, 2020>
(2) The principal of a child care center may guide the guardians of infants and young children found to have failed to be vaccinated as a result of confirmation under paragraph (1) for vaccination, and when necessary, request the head of the competent public health center to render cooperation in terms of protective inoculation, etc.
(3) For the confirmation and management of vaccination of infants and young children, the principals of child care centers shall record and manage matters concerning protective inoculation and details thereof in the records of life in the child care center under Article 29-2.
[This Article Added on Aug. 4, 2011]
 Article 32 (Medical Treatment and Preventive Measures)
(1) If an infant or young child is infected or is feared to be infected by a disease as a result of a medical checkup under Article 31, the principal of a child care center shall take necessary measures to treat and prevent the disease in consultation with his or her guardian. <Amended on Jun. 7, 2011>
(2) The principal of a child care center may take necessary measures, such as isolating any of the following infants, residents of the child care center and child care teachers and staff from the child care center, as prescribed by Ministerial Decree of Education: <Added on Aug. 4, 2011; Dec. 29, 2020; Dec. 26, 2023>
1. A person who is suspected to be or have been infected with an infectious disease or is likely to be infected by such disease based on the result of a medical checkup under Article 31 or a doctor’s diagnosis;
2. A person suspected of contracting an infectious disease under subparagraph 15-2 of Article 2 of the Infectious Disease Control and Prevention Act.
(3) If necessary to take the measures under paragraph (1), the principal of a child care center may request a public health center or its branch under Articles 10 and 13 of the Regional Public Health Act or a medical institution under Article 3 of the Medical Service Act to provide cooperation. <Amended on Jun. 7, 2011; Aug. 4, 2011; May 18, 2015>
(4) The head of a public health center or its branch, or a medical institution in receipt of a request for cooperation pursuant to paragraph (2), shall take appropriate measures. <Amended on Aug. 4, 2011>
(5) The principal of each child care center may have nurses (including assistant nurses) render assistance when administering medicine to infants and young children by following doctor's prescriptions and directions. In such cases, the principal shall obtain consent from the guardians thereof. <Added on Feb. 3, 2016>
[This Article Wholly Amended Oct. 17, 2007]
 Article 33 (Management of Meal Program)
The principal of each child care center shall hygienically provide infants and young children with nutritionally balanced and safe meals, as prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
 Article 33-2 (Safety Management of Child Care Center Vehicles)
Where the principal of a child care center operates a vehicle to transport infants and young children to and from the child care center, he or she shall first report such vehicle to the head of the competent police station as a school bus for children pursuant to Article 52 of the Road Traffic Act.
[This Article Added on Aug. 13, 2013]
 Article 33-3 (Safety Management of Infants and Young Children for Going to and from Child Care Center)
(1) The principal of a child care center shall provide child care teachers and staff with education on the safety of infants and young children while they go to and from the child care center.
(2) The principal of a child care center shall take measures to ensure that infants and young children are safely released to their teacher, guardian, parent, etc. as they go to and from the child care center and shall check whether all infants and young children are safely released to their guardian.
(3) Matters necessary for education under paragraph (1) and the methods and procedures for the safe release, etc. under paragraph (2) shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on Dec. 29, 2020]
 Article 33-4 (Sanitary Control of Child Care Centers)
The principals of child care centers shall comply with the sanitary control standards for child care centers prescribed by Ministerial Decree of Education for the prevention of infectious diseases and others. <Amended on Dec. 26, 2023>
[This Article Added on Jun. 8, 2021]
CHAPTER VI EXPENSES
 Article 34 (Child Care without Compensation)
(1) The State and local governments shall provide child care without compensation, on condition that the details and scope thereof be prescribed by Presidential Decree.
(2) The State and local governments may provide child care without compensation for children with disabilities and children of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act, considering the situations in which they are and characteristics they have, as prescribed by Presidential Decree.
(3) Expenses incurred in providing child care without compensation under paragraph (1) shall be borne or covered by the State or local governments, as prescribed by Presidential Decree.
(4) The Minister of Education may survey standard child care costs, etc. of child care centers, and, based on the results thereof, determine expenses to be borne by the State and local governments under paragraph (3) in consultation with the heads of relevant administrative agencies, within the budget. <Amended on Dec. 26, 2023>
(5) The State and local governments may provide families with at least two children with additional subsidies.
(6) Notwithstanding the latter part of Article 12 (1), the State and local governments shall establish and operate child care centers for infants, young children, children with disabilities, and children of multicultural families who intend to receive child care without compensation under paragraphs (1) and (2). <Amended on Dec. 24, 2018>
(7) The Minister of Education shall conduct a survey to determine the standard child care costs prescribed in paragraph (4) every three years, and determine the standard child care costs every year after deliberation by the Central Child Care Policy Committee prescribed in Article 6, based on the results of the survey and taking into consideration matters determined by the Minister of Education, such as the inflation rate and the minimum wage growth rate. <Added on Jan. 15, 2019; Jun. 13, 2023; Dec. 26, 2023>
(8) Matters necessary for the methods, details, etc. of survey prescribed in paragraph (7) shall be prescribed by Ministerial Decree of Education. <Added on Jan. 15, 2019; Dec. 26, 2023>
[This Article Wholly Amended on Jan. 23, 2013]
 Article 34-2 (Child Home-Care Allowances)
(1) The State and a local government may provide child home-care allowances for infants and young children who do not use child care centers or kindergartens defined in Article 2 of the Early Childhood Education Act, taking into consideration the age of the relevant infants and young children. <Amended on Jun. 7, 2011; Dec. 24, 2018>
(2) Even if part-time child care services referred to in Article 26-2 are provided for infants and young children eligible under paragraph (1), child home-care allowances referred to in paragraph (1) may be paid for them. <Added on Jun. 4, 2013; Dec. 24, 2018>
(3) Where an infant or young child, for whom a child home-care allowance is provided pursuant to paragraph (1), stays overseas continuously for at least 90 days, the State and the relevant local government shall suspend the provision of such allowance during the relevant period. <Added on May 18, 2015>
(4) Where the Minister of Education or the head of a local government suspends the provision of a child home-care allowance pursuant to paragraph (3), he or she shall notify the relevant infant's or young child's guardian of such fact, expressly specifying the reason therefor. <Added on May 18, 2015; Dec. 26, 2023>
(5) Matters necessary for eligibility, criteria, etc. for child home-care allowances under paragraph (1), shall be prescribed by Presidential Decree. <Amended on Jun. 4, 2013; May 18, 2015>
[This Article Added on Dec. 19, 2008]
 Article 34-3 (Voucher for Care Services)
(1) The State and a local government may supply guardians of infants and young children with voucher for care services (hereinafter referred to as "voucher") to cover expenses under Articles 34 and 34-2. <Amended on Jun. 7, 2011; Aug. 4, 2011; Jan. 23, 2013>
(2) Deleted. <Aug. 4, 2011>
(3) Matters necessary for the provision, procedure for use, etc. of voucher shall be prescribed by Ministerial Decree of Education. <Amended on Jan. 18, 2010; Aug. 4, 2011; Dec. 26, 2023>
[This Article Added on Dec. 19, 2008]
 Article 34-4 (Applications for Subsidies and Allowances)
(1) A guardian of an infant or young child may file an application for subsidies and allowances under Articles 34 and 34-2. <Amended on Jun. 7, 2011; Jan. 23, 2013>
(2) Deleted. <Jun. 24, 2018>
(3) Methods of, and procedures for, filing applications for subsidies and allowances under paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Aug. 4, 2011; Dec. 26, 2023>
[This Article Added on Dec. 19, 2008]
 Article 34-5 (Examinations and Inquiries)
(1) The Minister of Education or the head of a local government may request an applicant under Article 34-4 (1) and a person for whom subsidization has been determined to provide documents necessary for verifying his or her entitlement to subsidization of expenses, or other data concerning activities to earn income, family relationships, etc., and assign public officials under his or her control to visit the residence or other necessary places of the applicant for subsidies and allowances and the person for whom subsidization has been determined to examine documents, etc. or inquire of relevant persons. <Amended on Jan. 18, 2010; Feb. 3, 2016; Dec. 24, 2018; Dec. 26, 2023>
(2) The Minister of Education or the head of a local government may request the head of a related agency to provide data concerning national tax, local tax, health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. necessary to conduct an examination under paragraph (1) to provide subsidies and allowances. In such cases, the head of a related agency in receipt of a request to provide data shall comply with such request unless there is a compelling reason not to do so. <Amended on Jan. 18, 2010; Dec. 24, 2018; Dec. 26, 2023>
(3) A person who makes a visit, examines, and inquires pursuant to paragraph (1) shall carry an identification indicating his or her authority and documents indicating the period, scope, and person in charge of examination, relevant statutes or regulations, etc. and produce them to relevant persons. <Amended on Feb. 3, 2016>
(4) Where an applicant for subsidies and allowances or a person for whom subsidization has been determined refuses to provide documents or data, or refuses, obstructs, or evades an examination and inquiry under paragraph (1), the Minister of Education or the head of a local government may dismiss the relevant application or cancel, discontinue, or change a decision to subsidize. <Amended on Jan. 18, 2010; Dec. 26, 2023>
(5) Matters necessary for scope, timing, and details of examinations and inquiries under paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Jan. 18, 2010; Dec. 26, 2023>
(6) Administrative data matching may be used under Article 36 (1) of the Electronic Government Act to ascertain the places of domicile of resident registration, etc. of persons eligible for subsidization of child care expenses. <Amended on Feb. 4, 2010>
(7) Except as provided in this Act, matters concerning the details, procedures, methods, etc. of examination or inquiry prescribed in paragraph (1) shall be governed by the Framework Act on Administrative Investigations. <Added on Feb. 3, 2016>
[This Article Added on Dec. 19, 2008]
 Article 34-6 Deleted. <Dec. 24, 2018>
 Article 34-7 (Notice of Information on Applications for Subsidies and Allowances)
(1) The Minister of Education or the head of a local government shall notify, in writing, the guardians of infants and young children of the information on applications for subsidies and allowances referred to in Article 34-4. <Amended on Dec. 26, 2023>
(2) Matters necessary for the method, timing, procedures for, and the details of, notice under paragraph (1) and other matters shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on May. 18, 2015]
 Article 35 Deleted. <Jan. 23, 2013>
 Article 36 (Subsidization)
The State and local governments shall, fully or partially, provide subsidies for expenses incurred in establishing child care centers specified in Article 10; operating expenses, such as personnel expenses for child care teachers (including substitute teachers), and expenses for extra child care; expenses incurred in implementing child care programs, such as establishment and operation of local child care support centers, welfare promotion of child care teachers and staff, provision of child care for the vulnerable; and expenses incurred in installing closed-circuit television cameras referred to in Article 15-4. <Amended on Jun. 7, 2011; Aug. 4, 2011; Jun. 4, 2013; May 18, 2015>
[This Article Wholly Amended Oct. 17, 2007]
 Article 37 (Obligation for Expenses by Business Owners)
Any business owner who has established a child care center under Article 14 shall fully or partially bear expenses incurred in operating the child care center and child care, as prescribed by Presidential Decree. <Amended on Jun. 7, 2011>
[This Article Wholly Amended Oct. 17, 2007]
 Article 38 (Collection of Child Care Fees)
(1) No establisher/operator of a child care center pursuant to Articles 12 through 14 shall collect child care fees and other necessary expenses, etc. from the persons who use the child care center within the limit prescribed by the Mayor/Do Governor having jurisdiction over the place of the child care center: Provided, That the Mayor/Do Governor may prescribe different standard, considering the type of the child care center and local conditions, when necessary. <Amended on Jun. 7, 2011; Dec. 29, 2020>
(2) When receiving child care fees, other necessary expenses, etc. under paragraph (1) for the first time, an establisher/operator of a child care center shall explain, to the guardians of infants and young children, the details of child care services provided by the relevant child care center, the purposes of receiving and using child care fees, other necessary expenses, etc., the plans for using such fees and expenses, matters to pay attention to in using the child care center, and other matters prescribed by Ministerial Decree of Education. In such cases, matters necessary for the method, procedure, etc. for the explanation shall be prescribed by Ministerial Decree of Education. <Added on Dec. 29, 2020; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Dec. 29, 2020]
 Article 38-2 (Use for Other Purposes Prohibited)
An establisher/operator of a child care center or the principal of a child care center shall not improperly use any property or income that belongs to the accounting of the child care center for any purpose other than for child care.
[This Article Added on Dec. 29, 2020]
 Article 39 (Taxation Support)
(1) Expenses borne by a business entity to establish and operate a workplace child care center referred to in Articles 14 and 37, child care fees paid by guardians for caring for infants and young children, and other expenses necessary for child care, are entitled to tax reduction or exemption, as prescribed by the Restriction of Special Taxation Act. <Amended on Jun. 7, 2011; May 20, 2014>
(2) Expenses incurred in operating child care centers, other than workplace child care centers referred to in subparagraph 4 of Article 10, are entitled to tax reduction or exemption, as prescribed by the Restriction of Special Taxation Act. <Amended on Jun. 7, 2011; Aug. 4, 2011>
[This Article Wholly Amended Oct. 17, 2007]
 Article 39-2 (Lending of State and Public Property)
If necessary to establish and operate the following child care centers, the State or local governments may lend state property or have state property used without compensation, in accordance with the Act on Regulation of Special Cases of State Property and lend public property or have public property used without compensation, notwithstanding the Public Property and Commodity Management Act:
1. A national or public child care center prescribed in Article 12;
2. A workplace child care center prescribed in Article 14, which is established and operated jointly by small and medium enterprises prescribed in Article 2 (1) of the Framework Act on Small and Medium Enterprises.
[This Article Added on Dec. 24, 2018]
 Article 40 (Orders to Refund Expenses and Subsidies)
Where an establisher/operator of a child care center, the head of a child care support center, a person entrusted with continuing education, etc. falls under any of the following cases, the State or a local government may issue orders to fully or partially refund the expenses and subsidy already paid: <Amended on Jun. 7, 2011; Aug. 4, 2011; Dec. 31, 2011; Jun. 4, 2013; Jan. 15, 2019; Dec. 29, 2020; Dec. 26, 2023>
1. Where the operation of the child care center is suspended, the child care center is closed or the license to operate the child care center is revoked;
2. Where he or she uses a subsidy for other than business purposes;
3. Where he or she obtains a subsidy by fraud or other improper means;
3-2. Where he or she is subsidized for costs prescribed in Article 34 by fraud or other improper means;
4. Where he or she improperly uses child care fees, other necessary expenses, etc. under Article 34 for any purpose other than for child care, in violation of Article 38-2;
5. Where he or she obtains a subsidy by mistake or slight negligence, which falls under a cause prescribed by Ministerial Decree of Education.
[This Article Wholly Amended Oct. 17, 2007]
 Article 40-2 (Recovery of Child Care Subsidies)
(1) When a guardian is subsidized for expenses under Articles 34 and 34-2 by fraud or other improper means, the State or the local government may fully or partially recover such subsidies. <Amended on Jan. 23, 2013>
(2) Where an establisher/operator of a child care center or the principal of a child care center falls under any of the following, the State or a local government may fully or partially recover the subsidies from such person on behalf of the guardian of an infant or young child. In such cases, the recovered subsidies shall be returned to the guardian:<Added on Dec. 29, 2020>
1. Where he or she receives child care fees, other necessary expenses, etc. under Article 38 (1) by fraud or other improper means;
2. Where he or she improperly uses child care fees, other necessary expenses, etc. under Article 38 (1) for any purpose other than for child care, in violation of Article 38-2.
(3) Where subsidies are recovered pursuant to paragraph (1) or (2) and if the person who is required to return the subsidies fails to do so within the deadline, the subsidies shall be collected in the same manner as delinquent national or local taxes are collected. <Newly amended on Dec. 29, 2020>
[This Article Added on Jun. 7, 2011]
[Title Amended on Dec. 29, 2020]
CHAPTER VII GUIDANCE AND SUPERVISION
 Article 41 (Guidance and Orders)
The Minister of Education, the Mayor/Do Governor and the head of a Si/Gun/Gu may guide and order the establisher/operator of child care centers, and child care teachers and staff to smoothly providing child care services. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
 Article 42 (Reporting and Examinations)
(1) The Minister of Education, the Mayor/Do Governor and the head of a Si/Gun/Gu may require the establisher/operator of child care centers to file necessary reports on their child care centers, and relevant public officials to investigate the operating conditions of child care centers and examine books and other documents. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
(2) Relevant public officials who perform their duties under paragraph (1) shall carry certificates indicating their authority and produce them to related persons.
[This Article Wholly Amended Oct. 17, 2007]
 Article 42-2 (Reporting of Violations and Protection of Reporters)
(1) Any person may file a report on, or an accusation of, any of the following persons with the relevant administrative or investigative agency: <Amended on Dec. 29, 2020; Jun. 8, 2021; Dec. 26, 2023>
1. A person who obtains a subsidy by fraud or other improper means, or misappropriates a subsidy;
2. A person who fails to comply with the standards for operation of child care centers referred to in Article 24 (1);
3. A person who fails to comply with the standards for management of meals referred to in Article 33;
4. A person who fails to comply with the standards for safety management of child care center vehicles referred to in Article 33-2;
4-2. A person who fails to comply with the sanitary control standards for child care centers prescribed in Article 33-4;
5. A person who is subsidized for costs prescribed in Article 34 by fraud or other improper means;
6. A person who receives child care fees, other necessary expenses, etc. under Article 38 (1), by fraud or other improper means;
7. A person who uses property or income that belongs to the accounting of a child care center for any purpose other than for child care, in violation of Article 38-2;
8. A person who commits child abuse referred to in subparagraph 7 of Article 3 of the Child Welfare Act;
9. Other persons prescribed by Ministerial Decree of Education.
(2) No establisher/operator of a child care center shall take disadvantageous measures defined in subparagraph 6 of Article 2 of the Protection of Public Interest Reporters Act against child care teachers and staff for filing a report or complaint referred to in paragraph (1).
(3) The Minister of Education, Mayors/Do Governors, and the heads of Sis/Guns/Gus may pay prize money to persons who file a report or complaint of matters referred to in paragraph (1) 1, and 3 through 8 within the budget. <Amended on Dec. 11, 2018; Dec. 29, 2020; Dec. 26, 2023>
(4) Matters necessary for the procedures, methods, etc., of reporting prescribed in paragraph (1) and standards, methods, procedures, etc. of paying prize money prescribed in paragraph (3) shall be prescribed by Presidential Decree. <Added on Dec. 11, 2018>
[This Article Added on May. 18, 2015]
 Article 43 (Reporting on Closure, Suspension, and Resumption of Operation of Child Care Centers)
(1) A person who intends to close a child care center authorized pursuant to Article 13 (1) or suspend its operation for a certain period, or resume the operation thereof shall report in advance to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 4, 2011; Dec. 29, 2020; Dec. 26, 2023>
(2) Where a child care center is closed or the operation thereof is suspended for a certain period, the principal of the child care center shall take measures to protect the rights and interests of infants and young children provided with child care services in such child care center by transferring them to other child care centers, as prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 43-2 (Order for Suspension of Operation of Child Care Centers)
(1) Where the Minister of Education, a City Mayor/Do Governor or the head of a Si/Gun/Gu deems that normal child care is impractical due to emergency, such as a natural disaster or infectious disease, he or she may issue an order for suspension of operation to the principals of child care centers. <Amended on Dec. 26, 2023>
(2) Upon receipt of an order prescribed in paragraph (1), the principal of each child care center shall suspend the operation of the child care center without delay, and in preparation for emergency child care needs where guardians cannot take care of their infants or young children at home when the child care center suspends its operation, the principal shall take necessary measures for the operation of the child care center by informing the guardians of emergency plan for child care through parents letters in advance.
(3) Matters necessary for standards for orders for suspension of operation in paragraph (1), and measures, etc. in paragraph (2) shall be prescribed by Ministerial Decree of Education. <Amended on Dec. 26, 2023>
[This Article Added on Dec. 29, 2015]
 Article 44 (Orders for Rectification and Modification)
Where a child care center falls under any of the following cases, the Minister of Education, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu may order the principal of the child care center or the founder and operator thereof to take measures for rectification or modification within a fixed period: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 4, 2011; Jun. 4, 2013; Aug. 13, 2013; May 18, 2015; Dec. 29, 2015; Dec. 11, 2018; Dec. 24, 2018; Apr. 30, 2019; Dec. 29, 2020; Jun. 8, 2021; Dec. 26, 2023; Jan. 2, 2024>
1. Where it is operated without authorization for modification pursuant to Article 13 (1);
2. Where it fails to comply with any standard for establishment of child care centers referred to in Article 15, 15-2, or 15-3;
2-2. Where it fails to comply with any standard for installation or management of a closed-circuit television camera, and for storage of video information referred to in Article 15-4;
3. Where it fails to comply with any standard for placement of child care teachers and staff referred to in Article 17 (5);
3-2. Where it fails to report the appointment or dismissal of a child care teachers and staff referred to in Article 19 (2), or files a false report thereon;
4. Where it fails to comply with any standard for operation of child care centers referred to in Article 24 (1);
4-2. Where it fails to establish or operate a child care center operating committee, in violation of the proviso of Article 25 (1);
4-3. Where it provides extracurricular activity programs to infants and young children, in violation of the former part of Article 29 (4);
4-4. Where it fails to provide an alternative program to infants and young children not participating in the extracurricular activity programs, in violation of the latter part of Article 29 (4);
4-5. Where it fails to prepare or manage records of daily life referred to in Article 29-2;
4-6. Where it refuses, obstructs, or evades an evaluation referred to in Article 30 (1) without good cause or receives an evaluation by fraud or other improper means;
4-7. Where it fails to take measures to treat and prevent diseases pursuant to Article 32 (1);
4-8. Where it fails to hygienically provide nutritionally-balanced and safe meals pursuant to Article 33;
4-9. Where it fails to comply with the sanitary control standards for child care centers referred to in Article 33-4;
5. Where it receives child care fees, other necessary expenses, etc. in excess of the limits prescribed in Article 38 (1);
6. Where it fails to file a report under Article 42 or files a false report, or where it refuses or evades any investigation or examination;
7. Where it is closed or operation thereof is suspended for a certain period, or resumed without reporting pursuant to Article 43 (1);
7-2. Where it fails to suspend its operation or take measures in preparation for emergency child care needs, in violation of Article 43-2 (2);
8. Where it violates any matter concerning the official announcement of information referred to in Article 49-2.
[This Article Wholly Amended Oct. 17, 2007]
 Article 44-2 (Execution Order against Business Entity Failing to Perform Duty to Establish Workplace Child Care Centers)
Where the business owner of a workplace referred to in Article 14 fails to perform his or her duty to establish a workplace child care center or other duty, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu may order him or her to execute such duty within a reasonable time.
[This Article Added on May 20, 2014]
 Article 44-3 (Charges for Compelling Compliance)
(1) A Mayor/Do Governor or the head of a Si/Gun/Gu may reissue against a person who has failed to comply with an order under Article 44-2, an order to execute such order within a reasonable period required for the compliance thereof, and may impose and collect a charge for compelling compliance not exceeding 100 million won each time, up to twice a year from the date on which the order under that Article was issued, if such person still fails to comply with the order.
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu may raise the amount prescribed in paragraph (1) within the scope of 50/100 in consideration of the period, grounds, etc. of failure in establishing workplace child care centers. <Added on Apr. 30, 2019>
(3) Before a charge for compelling compliance referred to in paragraphs (1) and (2) is imposed, a Mayor/Do Governor or the head of a relevant Si/Gun/Gu shall give an advance written warning stating that the charge for compelling compliance is to be imposed and collected if a person fails to comply with the order within a reasonable period determined. <Amended on Apr. 30, 2019>
(4) Where a Mayor/Do Governor or the head of a Si/Gun/Gu imposes a charge for compelling compliance pursuant to paragraphs (1) and (2), he or she shall give a written notice to the relevant person, specifying an amount of the charge for compelling compliance, the grounds for imposition, the deadline for payment, the receiving agency, the method of filing objections, etc. <Amended on Apr. 30, 2019>
(5) Where a person in receipt of the order referred to in Article 44-2 complies with such order, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall suspend imposition of a subsequent charge for compelling the execution, but shall collect the charge for compelling compliance already imposed. <Amended on Apr. 30, 2019>
(6) Where a person for whom a charge for compelling compliance has been imposed pursuant to paragraphs (1) and (2) fails to pay the charge for compelling compliance by the deadline for payment, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall collect the charge in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Apr. 30, 2019; Mar. 24, 2020>
(7) Matters necessary for standards for imposing charges for compelling compliance under paragraphs (1) and (2), and procedures, etc., for refunding charges for compelling compliance already imposed and collected, shall be prescribed by Presidential Decree. <Amended on Apr. 30, 2019>
[This Article Added on May 20, 2014]
 Article 45 (Closure of Child Care Centers)
(1) Where a person who has established or operates a child care center (hereafter in this Article, referred to as "establisher/operator"), falls under any of the following cases, the Minister of Education, the relevant Mayor/Do Governor, and the head of the relevant Si/Gun/Gu may order such person to suspend the operation of the child care center within one year or to close the child care center; in such cases, where persons under the control and supervision of an establisher/operator, such as child care teachers and staff, commit offenses falling under subparagraph 4 or 5 (b), such offenses shall be deemed committed by the establisher/operator (the same shall not apply where the establisher/operator has not been negligent in giving due attention and supervision to preventing such offenses): <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 13, 2013; May 28, 2014; May 18, 2015; Dec. 29, 2020; Dec. 26, 2023>
1. Where it obtains a subsidy by fraud or other improper means, or misappropriates a subsidy;
1-2. Where he or she is subsidized for costs prescribed in Article 34 by fraud or other improper means;
1-3. Where he or she receives child care fees, other necessary expenses, etc. under Article 38 (1) by fraud or other improper means;
1-4. Where he or she improperly uses any property or income that belongs to the accounting of a child care center for any purpose other than for child care, in violation of Article 38-2;
2. Where he or she is ordered to, but fails to, repay expenses or subsidies referred to in Article 40;
3. Where he or she violates an order for rectification or modification referred to in Article 44;
4. Where he or she commits child abuse defined in subparagraph 7 of Article 3 of the Child Welfare Act;
5. Where an infant or young child dies or suffers a serious bodily injury prescribed by Ministerial Decree of Education due to any of the following:
(a) Where a traffic accident occurs while a driver operates a school bus for children (including where he or she fails to report pursuant to Article 33-2, and Article 52 of the Road Traffic Act), without an accompanying guardian under Article 53 (3) of the Road Traffic Act, in violation of Article 53 (3) of the Road Traffic Act;
(b) Where a person fails to comply with the duty to check whether all infants and young children have alighted from a vehicle under Article 53 (3) through (5) of the Road Traffic Act.
(2) Deleted. <Jun. 7, 2011>
(3) Where any establisher/operator, or child care teachers and staff is suspected of committing child abuse referred to in paragraph (1) 4, the relevant Special Self-Governing City Mayor, the relevant Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu shall immediately receive a report thereon referred to in Article 42 or conduct investigation or examination. <Added on May 18, 2015>
(4) After receiving a report or conducting investigation or examination pursuant to paragraph (3), the relevant Special Self-Governing City Mayor, the relevant Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu shall determine, without delay, whether he or she takes an administrative disposition referred to in paragraph (1), after consulting with the National Center for the Rights of the Child established under Article 10-2 of the Child Welfare Act, specialized child protection agencies established under Article 45 of that Act, or other relevant institutions. <Added on May 18, 2015; Jan. 15, 2019>
(5) Where the operation of a child care center is suspended or a child care center is closed under paragraph (1), the relevant Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall take necessary measures to protect the rights and interests of infants and young children of the child care center, such as transferring infants and young children to another child care center. <Added on Aug. 4, 2011; May 18, 2015; Dec. 29, 2020>
(6) Detailed standards for administrative dispositions provided for in paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 4, 2011; May 18, 2015; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 45-2 (Imposition of Penalty Surcharges)
(1) When the Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall issue an order to suspend the operation of a child care center by the reason that the establisher/operator of the child care center falls under any subparagraph of Article 45 (1), he or she may impose a surcharge not exceeding 30 million won, in lieu of suspension of operation of the child care center, if such suspension of operation is feared to cause severe inconvenience to infants, young children, and their guardians, or threaten public interests. <Amended on Dec. 26, 2023>
(2) Matters necessary for types of offenses to which surcharges are imposed under paragraph (1), the amount of surcharges depending on the severity of the relevant violation, etc. shall be prescribed by Presidential Decree.
(3) When a person liable to pay a surcharge under paragraph (1) fails to do so by the deadline, the Minister of Education, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall collect it in the same manner as national taxes in arrears or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020; Dec. 26, 2023>
[This Article Added on Jun. 7, 2011]
[Previous Article 45-2 moved to Article 45-3 <Jun. 7, 2011>]
 Article 45-3 (Succession to Effect of Administrative Dispositions)
(1) When a person, who has established or operates a child care center, transfers the child care center or dies, or when a corporation is merged, the effect of an administrative disposition imposed on him or her or it due to the grounds specified in any subparagraph of Article 45 (1) shall succeed to a transferee, heir, or corporation newly established or surviving the merger for one year after the date of such disposition; and where proceedings for an administrative disposition are pending, the proceedings may continue against a transferee, heir, or corporation newly established or surviving the merger: Provided, That the same shall not apply where a transferee, heir, or corporation newly established or surviving the merger proves that he or she was not aware of such disposition or any violation as at the time of the transfer or merger. <Amended on Jun. 7, 2011; May 18, 2015>
(2) Where a transferee, heir, or corporation newly established or surviving the merger referred to in paragraph (1) transfers, inherits, or merges a child care center, he or she shall confirm whether the former establisher/operator of the child care center is undergoing proceedings for administrative disposition or has previously received any administrative disposition due to the grounds specified in any subparagraph of Article 45 (1), and the Minister of Education, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu may issue a confirmation document at the request of the transferee, heir, or corporation newly established or surviving the merger, as prescribed by Ministerial Decree of Education. <Added on May 18, 2015; Dec. 26, 2023>
[This Article Added on Jan. 17, 2008]
[Moved from Article 45-2 <Jun. 7, 2011>]
 Article 46 (Suspension of Qualification as Principals of Child Care Centers)
(1) If the principal of a child care center falls under any of the following cases, the Minister of Education may suspend his or her qualification for up to one year (or five years if he or she falls under subparagraph 1 (a) after committing a crime of child abuse defined in subparagraph 7 of Article 3 of the Child Welfare Act), as prescribed by Ministerial Decree of Education: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Jun. 4, 2013; May 18, 2015; Dec. 29, 2020; Jun. 8, 2021; Dec. 26, 2023>
1. Where he or she causes harm to an infant or young child by intention or gross negligence as follows, in the course of performing any of his or her duties:
(a) Where he or she threatens the life of an infant or young child or causes serious bodily or mental harm to an infant or young child;
(b) Where he or she causes harm, in violation of the standards for operation referred to in Article 24;
(c) Where he or she causes harm, in violation of the standards for meals determined by Ministerial Decree of Education pursuant to Article 33;
(d) Where he or she causes harm by violating the sanitary control standards prescribed by Ministerial Decree of Education pursuant to Article 33-4;
(e) Where he or she causes other harm;
2. Where he or she hires an unqualified employee to perform any of the duties of a child care teacher, nurse, nutritionist, etc.;
3. Where he or she fails to undergo continuing education referred to in Article 23 on at least three consecutive occasions;
4. Where he or she obtains a subsidy by fraud or other improper means, or misappropriates a subsidy;
5. Where he or she is subsidized for costs prescribed in Article 34 by fraud or other improper means;
6. Where he or she receives child care fees, other necessary expenses, etc. under Article 38 (1) by fraud or other improper means;
7. Where he or she improperly uses any property or income that belongs to the accounting of a child care center for any purpose other than for child care, in violation of Article 38-2;
8. Where he or she takes disadvantageous measures defined in subparagraph 6 of Article 2 of the Protection of Public Interest Reporters Act against child care teachers and staff, who have filed a public interest report under subparagraph 2 of that Article.
(2) Where an infant or young child dies or suffers a serious bodily injury prescribed by Ministerial Decree of Education as the principal of a child care center fails to comply with the duty to check whether all infants and young children have alighted from a vehicle pursuant to Article 53 (3) through (5) of the Road Traffic Act, the Minister of Education may suspend his or her qualification for up to two years, as prescribed by Ministerial Decree of Education. <Added on Dec. 29, 2020; Dec. 26, 2023>
(3) Where a person under the guidance and supervision of the principal of a child care center commits any of the following acts, such act shall be deemed conducted by the principal of the child care center (limited to matters concerning the suspension of qualification of the principal of the child care center): Provided, That the same shall not apply where the principal of the child care center has not been negligent in giving due attention and supervision to prevent such acts:<Added on Dec. 29, 2020; Dec. 26, 2023>
1. Where an infant or young child dies or suffers a serious bodily injury prescribed by Ministerial Decree of Education as he or she fails to comply with the duty to check whether all infants and young children have alighted from a vehicle pursuant to Article 53 (3) through (5) of the Road Traffic Act;
2. Where an infant or young child falls under paragraph (1) 1 (a) because he or she has committed child abuse defined in subparagraph 7 of Article 3 of the Child Welfare Act.
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 47 (Suspension of Qualifications as Child Care Teachers)
(1) Where a child care teacher falls under any of the following cases, the Minister of Education may suspend the qualification of the child care teacher for up to one year (or five years if he or she falls under subparagraph 1 due to child abuse defined in subparagraph 7 of Article 3 of the Child Welfare Act), as prescribed by Ministerial Decree of Education: <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 31, 2011; May 18, 2015; Dec. 29, 2020; Dec. 26, 2023>
1. Where he or she causes damage, by intention or gross negligence, while performing any of his or her duties in connection with his or her qualification;
2. Where he or she fails to undergo continuing education under Article 23-2 on at least three consecutive occasions.
(2) Where an infant or young child dies or suffers a serious bodily injury prescribed by Ministerial Decree of Education as a child care teacher fails to comply with the duty to check whether all infants and young children have alighted from a vehicle pursuant to Article 53 (3) through (5) of the Road Traffic Act, the Minister of Education may suspend his or her qualification for up to two years, as prescribed by Ministerial Decree of Education. <Added on Dec. 29, 2020; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
 Article 48 (Revocation of Qualification as Principals or Child Care Teachers of Child Care Centers)
(1) When the principal of a child care center or child care teacher falls under any of the following cases, the Minister of Education may revoke his or her qualification: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 4, 2011; May 18, 2015; Dec. 29, 2020; Dec. 26, 2023>
1. Where he or she is qualified by fraud or other improper means;
2. Where he or she has been sentenced to imprisonment without labor or heavier punishment for causing harm by intention or gross negligence, in the course of performing any of his or her duties in connection with his or her qualification;
3. Where he or she is punished for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act;
4. Where he or she lends his or her name, etc., in violation of Article 22-2;
5. Where he or she commits an offense incurring suspension of qualification within three years after the period for suspending his or her qualification expires;
6. Where he or she performs duties related to his or her qualification with a certificate of qualification during the period for suspending his or her qualification;
7. Where he or she is subject to a disposition of suspending his or her qualification, on at least three occasions;
8. Where he or she is sentenced to imprisonment without prison labor or heavier punishment because he or she falls under Article 46 (1) 4.
(2) The Minister of Education shall not reissue any qualification to a person whose qualification has been revoked pursuant to paragraph (1), within either of the following periods after revocation of his or her qualification, whichever is relevant: <Added on Aug. 13, 2013; May 18, 2015; Dec. 26, 2023>
1. Where he or she falls under any subparagraph of paragraph (1), other than subparagraph 3: Two years;
2. Where he or she falls under paragraph (1) 3: 10 years (Provided, That no qualification shall be reissued to a person for whom twenty years have not elapsed since his or her imprisonment without labor or heavier punishment, declared by a court for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, was completely executed or exempted; or a person for whom 20 years have not elapsed since a suspended sentence of imprisonment without labor or heavier punishment, given for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, was made final and conclusive).
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
[Decision of simple unconstitutionality, 2019Heon-Ma813, Sep. 29, 2022; the provisions concerning cases where a person is punished under Article 71 (1) 2 of the Child Welfare Act for violations of subparagraph 5 of Article 17 of the Child Care Act while falling in the latter part of subparagraph 8 of Article 16 of the Child Welfare Act (Amended by Act No. 13321 on May 18, 2015), the provisions concerning cases where a person is punished under Article 71 (1) 2 of the Child Welfare Act for violations of subparagraph 5 of Article 17 of the Child Welfare Act while falling in the latter part of subparagraph 8 of Article 16 that are prescribed in subparagraph 1 of Article 20 of the aforesaid Act, and the provisions concerning cases where a person is punished under Article 71 (1) 2 of the Child Welfare Act for violations of subparagraph 5 of Article 17 of the Child Welfare Act while falling in the main clause of Article 48 (2) 2 of the aforesaid Act violate the Constitution.]
 Article 49 (Hearings)
The Minister of Education, the Mayor/Do Governor, and the head of a Si/Gun/Gu shall hold a hearing before revoking the designation of the quasi-public childcare centers under Article 30-3 or imposing administrative dispositions under Articles 45 through 48. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 8, 2021; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
 Article 49-2 (Official Announcement of Information on Child Care Centers)
(1) The principal of a child care center shall officially announce the following information that the child care center retains and manages, at least once each year; in such cases, the principal of the child care center shall submit the officially-announced information (hereafter in this Article, referred to as "officially-announced information") to the relevant Special Self-Governing City Mayor, the relevant Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu, and the Minister of Education may require the submission of materials related to the officially-announced information: <Amended on Dec. 29, 2020; Dec. 26, 2023>
1. Basic information, such as facilities, the establisher/operator, child care teachers, and staff of the child care center;
2. Matters concerning the child care courses of the child care center referred to in Article 29;
3. Matters concerning child care fees collected pursuant to Article 38 (1) and other necessary expenses;
4. Matters concerning accounting, such as the budget and settlement of accounts of the child care center;
5. Matters concerning health, nutrition, and safety management for infants and young children;
6. Other matters concerning child care conditions and the operation of child care centers, prescribed by Presidential Decree.
(2) Matters necessary for the detailed scope of officially-announced information, the frequency, timing, and method of official announcement, and other matters, shall be determined by Presidential Decree.
(3) The Minister of Education may prepare and disseminate a form necessary for public announcement under paragraph (1) and may collect and manage officially-announced information. In such cases, the Minister of Education may connect and process such officially-announced information to use for formulating child care policy, promoting academic research, compiling statistics, etc. <Amended on Dec. 26, 2023>
(4) Where the principal of a child care center fails or neglects to officially announce the relevant information, the Minister of Education, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall recommend the principal to take corrective measures. <Amended on Dec. 26, 2023>
(5) Where the principal of a child care center publicizes the child care center or places a mark or advertisement under the Act on Fair Labeling and Advertising, he or she shall not give information inconsistent with the information officially announced pursuant to paragraph (1).
(6) If deemed necessary for confirming whether paragraph (5) has been violated, the Minister of Education, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu may request the principal of the relevant child care center to submit relevant materials. In such cases, upon receipt of such request, the principal of the relevant child care center shall submit the relevant materials to the Minister of Education, the Mayor/Do Governor, or the head of the Si/Gun/Gu without good cause. <Amended on Dec. 26, 2023>
[This Article Added on Jun. 4, 2013]
 Article 49-3 (Publication of Violations)
(1) Where a child care center that receives an administrative disposition under Article 45 or 45-2 falls under any of the following cases, the Minister of Education, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu shall publish the relevant violations, details of disposition, the name of the child care center, the name of its representative, the name of its principal (limited to cases where the principal is not the representative), and other matters prescribed by Presidential Decree that are necessary for distinguishing it from other child care centers: Provided, That in cases falling under subparagraphs 1 and 3 through 5, the publication shall be limited to the cases where an amount is at least the amount prescribed by Ministerial Decree of Education: <Amended on May 18, 2015; Dec. 29, 2020; Jun. 8, 2021; Dec. 26, 2023>
1. Where it obtains a subsidy by fraud or other improper means, or misappropriates a subsidy;
2. Where it endangers the life of an infant or young child or causes serious bodily or mental harm to an infant or young child, by violating the operation standards prescribed in Article 24, or the standards for meals and sanitary control standards prescribed by Ministerial Decree of Education pursuant to Articles 33 and 33-4;
3. Where he or she is subsidized for costs prescribed in Article 34 by fraud or other improper means;
4. Where he or she receives child care fees, other necessary expenses, etc. under Article 38 (1) by fraud or other improper means;
5. Where he or she improperly uses any property or income that belongs to the accounting of a child care center for any purpose other than for child care, in violation of Article 38-2;
(2) With respect to the principal or a child care teacher of a child care center for whom an administrative disposition referred to in Articles 46 through 48 has been taken and who has harmed the life of an infant or young child or has caused serious bodily or mental harm to an infant or young child by committing a child abuse-related crime defined in subparagraph 7 of Article 3 of the Child Welfare Act, the Minister of Education, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall publish the records and list of violations of laws and other matters determined by Presidential Decree. <Amended on May 18, 2015; Dec. 26, 2023>
(3) The Minister of Education, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall notify the person subject to publication prior to the publication referred to in paragraphs (1) and (2), thereby giving him or her an opportunity to submit explanatory materials or to attend and state his or her opinion. <Amended on Dec. 26, 2023>
(4) Procedures and methods for publication referred to in paragraphs (1) and (2), and other necessary matters shall be determined by Presidential Decree.
[This Article Added on Jun. 4, 2013]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 50 (Recognition of Career)
(1) With respect to an employee in a child care center qualified as a kindergarten teacher under the Early Childhood Education Act, his or her child care career experience in such child care center shall be recognized as teaching career experience under the Early Childhood Education Act. <Amended on Jun. 7, 2011>
(2) With respect to an employee in a kindergarten (referring to a kindergarten operating after-school classes under subparagraph 6 of Article 2 of the Early Childhood Education Act) qualified as a child care teacher under this Act, his or her teaching career experience in the kindergarten shall be recognized as child care career experience under this Act. <Amended on Mar. 21, 2012>
[This Article Wholly Amended Oct. 17, 2007]
 Article 51 (Delegation of Authority)
The authority of the Minister of Education or the Mayor/Do Governor under this Act may be partially delegated to the Mayor/Do Governor or to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Dec. 26, 2023>
[This Article Wholly Amended on Aug. 4, 2011]
 Article 51-2 (Entrustment of Affairs)
(1) The Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust the following affairs to a public institution, or civil institution or organization, etc., as prescribed by Presidential Decree; in such cases, he or she may entrust the affairs referred to in subparagraphs 2 and 4 to KCPI: <Amended on Dec. 31, 2011; Jun. 4, 2013; Dec. 11, 2018; Dec. 29, 2020; Dec. 21, 2021; Dec. 26, 2023; Jan. 2, 2024>
1. Affairs concerning the operation of local child care support centers under Article 7 (1);
1-2. Affairs concerning the establishment and operation of a child care information system under Article 9-3;
2. Affairs concerning the certification of qualification of principals and child care teachers of child care centers under Article 22 (1), and the issuance, etc. of certificates of qualification for child care;
3. Affairs concerning the provision of continuing education under Articles 23 (1) and 23-2 (1);
4. Evaluation under Article 30 (1);
5. Affairs concerning the provision of voucher under Article 34-3 (1).
(2) When the Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu entrusts affairs pursuant to paragraph (1), he or she may subsidize expenses incurred therein, within the budget. <Amended on Dec. 26, 2023>
(3) The Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu may revoke entrustment under paragraph (1), in any of the following cases: <Amended on Dec. 26, 2023>
1. Where an institution entrusted with affairs uses any subsidy provided pursuant to paragraph (2) for other than the intended purpose;
2. Where an institution entrusted with affairs is subsidized under paragraph (2) by fraud or other improper means;
3. Where any other cause prescribed by Presidential Decree exists.
[This Article Added on Aug. 4, 2011]
 Article 51-3 (Business Cooperation between Relevant Agencies)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of a relevant agency to inquire into criminal history records, etc. to check disqualification referred to in Article 16 or 20.
(2) To conduct affairs prescribed in Articles 22 (1) and 30 (1), the Minister of Education (including persons to whom authority of the Minister of Health and Welfare is entrusted) may request the heads of the relevant agencies, such as State agencies, local governments, and public institutions prescribed in Article 4 of the Act on the Management of Public Institutions, to provide necessary information and materials. <Added on Dec. 11, 2018; Dec. 26, 2023>
(3) Upon receipt of a request under paragraph (1) or (2), the head of the relevant agency shall not refuse such request without good cause. <Amended on Dec. 11, 2018>
[This Article Added on May 28, 2014]
 Article 52 (Child Care Centers on Islands, in Secluded Places, and in Agricultural and Fishing Communities)
(1) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it impracticable to apply the standards for the establishment of child care centers under Article 15, the standards for the placement of child care teachers and staff under Article 17 (5), and the standards for the operation of child care centers under Article 24, to the child care centers located on the islands, in secluded places, in agricultural and fishing communities, etc., he or she may apply different standards to such child care centers with approval from the competent Mayor/Do Governor, following deliberation by a local child care policy committee under Article 6. <Amended on Jun. 7, 2011; Aug. 4, 2011; Dec. 24, 2018; Apr. 30, 2019; Dec. 29, 2020; Aug. 16, 2023>
(2) The specific scope of islands, secluded places, agricultural and fishing communities, etc., the standards for the establishment and operation of child care centers, and the standards for the placement of child care teachers and staff under paragraph (1) shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 16, 2023; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
 Article 53 (Federation of Child Care Centers)
(1) A federation of child care centers may be established to facilitate child care services, balanced development of child care centers, and exchange of information, and promotion of mutual cooperation among child care centers. <Amended on Jun. 7, 2011>
(2) Matters necessary for the organizational structure, operation, function, etc. of the Federation of Child Care Centers shall be prescribed by Ministerial Decree of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]
CHAPTER IX PENALTY PROVISIONS
 Article 54 (Penalty Provisions)
(1) A person who divulges, alters, damages, or destroys video information, in violation of Article 15-5 (5), shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won. <Added on Aug. 8, 2023>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won: <Amended on May 18, 2015; Dec. 26, 2023>
1. A person who obtains a subsidy by fraud or other improper means, or misappropriates a subsidy;
2. A person who arbitrarily manipulates a closed-circuit television camera for other than its installation purpose, or makes it focus on a place other than the originally intended place, in violation of Article 15-5 (2) 1;
3. A person who uses a recording function, or stores video information in a device or apparatus other than the storage device prescribed by Ministerial Decree of Education, in violation of Article 15-5 (2) 2.
(3) A person who has video information lost, stolen, leaked, modulated, or damaged due to failure to take measures necessary to secure safety referred to in Article 15-5 (3), shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won. <Added on May 18, 2015>
(4) Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won: <Amended on Dec. 19, 2008; Jun. 7, 2011; Jan. 23, 2013; May 28, 2014; May 18, 2015; Apr. 7, 2020; Dec. 29, 2020>
1. A person who uses the word "child care center" in a trade name, or operates a child care center without authorization for establishment of a child care center pursuant to Article 13 (1);
2. A person who obtains authorization for establishment of a child care center or the modification thereof under Article 13 (1) by fraud or other improper means;
3. A person who permits a third person to perform any of the duties of the principal or child care teacher of a child care center by using his or her name or the title of a child care center, in violation of Article 22-2 (1), and his or her counterpart;
3-2. A person who lends to or borrows from another person a certificate of qualification, in violation of Article 22-2 (2);
3-3. A person who arranges lending or borrowing of a certificate of qualification, in violation of Article 22-2 (3);
4. A person who obtains a subsidy or helps a third person obtain a subsidy pursuant to Articles 34 and 34-2 by fraud or other improper means;
5. A person who unjustly uses a voucher for care services referred to in Article 34-3;
6. An establisher/operator of a child care center who receives child care fees, other necessary expenses, etc. under Article 38 (1) by fraud or other improper means;
7. A person who uses property or income that belongs to the accounting of a child care center for any purpose other than for child care, in violation of Article 38-2;
8. A person who continues to operate a child care center, in violation of an order to suspend the operation of the child care center or an order to close the child care center pursuant to Article 45 (1).
[This Article Wholly Amended Oct. 17, 2007]
 Article 54-2 Deleted. <May 18, 2015>
 Article 55 (Joint Penalty Provisions)
When the representative of a corporation or an agent or employee of, or any other person employed by, the corporation or an individual commits any violations described in Article 54 in conducting the affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violators accordingly, be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply when such corporation or individual has not been negligent in giving due attention and supervision regarding the relevant affairs to prevent such violation.
[This Article Wholly Amended on Jun. 7, 2011]
 Article 56 (Administrative Fines)
(1) Any person who fails to comply with the fact-finding survey in violation of Article 14-2 (1) shall be subject to an administrative fine not exceeding 100 million won. <Newly inserted on Jun. 10, 2022>
(2) Any person who closes a child care center or suspends operation thereof for a certain period or resumes operation thereof without reporting thereon pursuant to Article 43 (1) shall be subject to an administrative fine not exceeding five million won. <Amended on Jun. 7, 2011; Jun. 10, 2022>
(3) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on May 18, 2015; Dec. 29, 2020; Jun. 10, 2022>
1. A person who fails to preferentially provide child care services for the vulnerable pursuant to Article 26 (1);
2. A person who fails to preferentially provide child care services for any infants and young children falling under the subparagraphs of Article 28 (1);
3. A person who fails to conduct a medical checkup or to take emergency measures, etc. pursuant to Article 31: Provided, That in cases of a medical checkup for infants and young children, this shall not apply to cases where the person informs their guardians that the children must receive a medical checkup at least three times and requires the guardians to submit a notice of the result of medical checkup;
4. A person who fails to install closed-circuit television cameras or to fulfill his or her obligation to install or manage them pursuant to Article 15-4;
5. A person who fails to comply with a request for inspection pursuant to Article 15-5 (1).
(4) The administrative fines prescribed in paragraphs (1) through (3) shall be imposed and collected by the Minister of Education, the competent Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Jun. 10, 2022; Dec. 26, 2023>
(5) Deleted. <Jun. 7, 2011>
(6) Deleted. <Mar. 7, 2011>
[This Article Wholly Amended Oct. 17, 2007]
ADDENDA <Act No. 7153, Jan. 29, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures for Nursery Information Center and Nursery Instructors)
The nursery information centers and nursery instructors under the former provisions at the time this Act enters into force shall be deemed the child care information centers and child care specialists, respectively, under this Act.
Article 3 (Transitional Measures for Child Care Teacher, etc.)
(1) The qualifications of the heads of nursery facilities and child care teachers under the former provisions at the time this Act enters into force shall be deemed the qualifications thereof that are recognized under this Act.
(2) Anyone who is recognized to be qualified as a nursery teacher referred to in paragraph (1), anyone who completes subjects after having majored in such subjects provided for in Article 9 (2) 1 of the previous provisions and anyone who completes educational courses provided for in Article 9 (2) 2 after having studied them at the time this Act comes into force shall all be recognized to be qualified as nursery teachers under this Act.
(3) Anyone who is recognized to be qualified as a nursery teacher under the provisions of paragraph (1) or (2) may be eligible for the delivery of the certificate of qualifications provided for in Article 22.
Article 4 (Transitional Measures concerning Nurseries)
Any nursery on which a report was made in accordance with the previous provisions at the time this Act comes into force shall be deemed to have been granted authorization under this Act.
Article 5 (Transitional Measures concerning Nursery Federation)
The Nursery Federation that is established under the previous provisions at the time this Act comes into force shall be deemed the Nursery Federation that is established under this Act.
Article 6 (Transitional Measures concerning Administrative Disposition)
Any order issued by, any act performed by, any report made to any administrative agency, etc. under the previous provisions at the time this Act comes into force shall be deemed any act performed by and any act performed to any administrative agency, etc. under this Act.
Article 7 (Transitional Measures concerning Penalty Provisions)
The application of penalty provisions to any act performed prior to the enforcement of this Act shall be governed by the previous provisions.
Article 8 (Relations with Other Statutes)
Where other statutes or regulations cite the provisions of the previous Child Care Act and this Act includes the provisions corresponding thereto, the corresponding provisions of this Act shall be deemed to be cited in lieu of the previous provisions.
ADDENDUM <Act No. 7302, Dec. 31, 2004>
This Act shall enter into force on January 30, 2005.
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
1. Articles 2 through 4 of this Addenda shall enter into force on the date on which Presidential Decree concerning the organization of the Ministry of Gender Equality and Family under the amended provisions of Article 42 of the Government Organization Act enters into force within three months after the promulgation of this Act;
2. Omitted.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7785, Dec. 29, 2005>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 21 (1), 22 (1) and (2), 22-2, 46, 48 and 54 (2) shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures regarding Head of Nursery) Any person who qualified for the head of a nursery under the previous provisions at the time this Act enters into force shall be considered a person who has received a certificate of qualification for the head of a nursery under the amended provisions of Article 21 (1). In this case, he shall meet the requirements referred to in the amended provisions of Article 21 (1) within one year after the enforcement of the amended provisions of Article 21 (1).
ADDENDA <Act No. 8563, Jul. 27, 2007>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures for Administrative Disposition) The administrative disposition on a violation committed before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 8654, Oct. 17, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 36 and 45 (1) 1, (2) and (3), subparagraph 4 of Article 46, subparagraph 8 of Article 48 and Article 54 (1) and (2) 5 shall enter into force on July 28, 2008.
(2) Omitted.
ADDENDA <Act No. 8655, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8851, Jan. 17, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation; provided, that the amendments to the Acts to be amended under Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9165, Dec. 19, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 34-4 through 34-6 shall enter into force on April 1, 2009.
Article 2 (Model Project)
(1) The Minister for Health, Welfare and Family Affairs may implement a model project before this Act enters into force for the effective operation of the voucher system for nursing service.
(2) The Minister for Health, Wealth and Family Affairs or the head of a local government may support the model project under paragraph (1).
ADDENDA <Act No. 9511, Mar. 20, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 9792, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Article 2 Omitted.
Article 3 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
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 5 (3), 22, 28 (1), 30 (6) and (7), 35 (1) and (3), 40-2, 55 and 56 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Fact-Finding Surveys on Child Care)
The first fact-finding survey referred to in the amended provisions of Article 9 shall be conducted in 2012.
Article 3 (Applicability to Imposition of Surcharges)
The amended provisions of Article 45-2 shall apply, starting from the first order to suspend operation of a child care center that must be issued after this Act enters into force.
Article 4 (Transitional Measures concerning Persons Engaging in Child Care, etc.)
Persons engaging in nursery facilities, the heads of nursery facilities and other workers under the former provisions as at the time this Act enters into force shall be deemed child care teachers and staff, principals of child care centers and other employees under the amended provisions of subparagraph 5 of Article 2.
Article 5 (Transitional Measures concerning Child Care Facilities, etc.)
National or public nursery facilities, nursery facilities of corporations, workplace nursery facilities, home-based nursery facilities, parents association nursery facilities and private nursery facilities under the former provisions as at the time this Act enters into force shall be deemed national or public child care centers, child care centers of corporations, workplace child care centers, home-based child care centers, parents association child care centers and private child care centers under the amended provisions of Article 10.
Article 6 Omitted.
ADDENDA <Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10983, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11002, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11003, Aug. 4, 2011>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 30 (4) shall enter into force two years after the date of its promulgation.
ADDENDUM <Act No. 11144, Dec. 31, 2011>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 15 and 15-3 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11382, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11627, Jan. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2013.
Article 2 (Applicability to Standard Child Care Costs)
Matters concerning standard child care costs in the amended provisions of Article 34 shall first apply from January 1, 2014.
Article 3 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11858, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 46 shall enter into force three months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12068, Aug. 13, 2013>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 16, 20, 45, and 48 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12251, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 12619, May 20, 2014>
This Act shall enter into force on January 1, 2015: Provided, That the amended provisions of Articles 44-2 and 44-3 shall enter into force on January 1, 2016.
ADDENDA <Act No. 12697, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 45 (1) 5 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification)
The amended provisions of subparagraph 8 of Article 16 shall apply to persons for whom punishment of a fine is made final and conclusive for an offence committed after August 13, 2013.
Article 3 (Applicability to Closure, etc. of Child Care Centers)
(2) To conduct affairs prescribed in Articles 22 (1) and 30 (1), the Minister of Education (including persons to whom authority of the Minister of Education is entrusted) may request the heads of the relevant agencies, such as State agencies, local governments, and public institutions prescribed in Article 4 of the Act on the Management of Public Institutions, to provide necessary information and materials. <Added on Dec. 11, 2018; Dec. 26, 2023>
Article 4 (Transitional Measures concerning Incompetent Persons, etc.)
A person for whom the effect of adjudication of incompetence or quasi-incompetence is maintained under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429) shall be deemed included in incompetent persons under adult guardianship or quasi-incompetent persons under limited guardianship under the amended provisions of subparagraph 1 of Article 16.
Article 5 (Transitional Measures concerning Disqualification)
Notwithstanding the amended provisions of subparagraphs 6 and 7 of Article 16, the former provisions shall apply to persons to whom a suspended sentence of imprisonment without prison labor or heavier punishment was given for violating Article 17 of the Child Welfare Act and such suspended sentence was made final and conclusive and to persons who received an order for closure under Article 45 before this Act enters into force.
ADDENDA <Act No. 13321, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification)
The amended provisions of Article 16 shall apply, starting from a person whose punishment has been made final and conclusive for an offense committed after this Act enters into force, or against whom an order to close a child care center was first issued under Article 45.
Article 3 (Applicability to Period of Stay Overseas)
The period of stay overseas pursuant to the amended provisions of Article 34-2 (3) shall apply from the date on which an infant or young child stays overseas after this Act enters into force.
Article 4 (Transitional Measures concerning Installation of Closed-Circuit Televisions)
Each person, who has established or operates a child care center pursuant to the former provisions as at the time this Act enters into force, shall install a closed-circuit television referred to in the amended provisions of Article 15-4, within three months after the date this Act enters into force: Provided, That the same shall not apply where he or she has not installed a closed-circuit television or has installed a network camera pursuant to the proviso of Article 15-4 (1).
Article 5 (Transitional Measures concerning Administrative Disposition)
The former provisions shall apply to administrative dispositions on offenses committed before this Act enters into force.
Article 6 (Transitional Measures concerning Order to Undergo Education)
Notwithstanding the amended provisions of Article 23-3, the former provisions shall apply to an order to undergo education issued against a person to whom the former provisions of Article 16 apply pursuant to Article 2 of the Addenda.
Article 7 (Transitional Measures concerning Reporting of Violations and Protection of Reporting Persons)
Each person, who has filed a report on, or complaint against, a person falling under any subparagraph of Article 42-2 (1) with the relevant administrative or investigative agency before this Act enters into force, shall be deemed filed a report or complaint pursuant to the amended provisions of Article 42-2.
Article 8 (Transitional Measures concerning Penalties or Administrative Fines)
In applying the penal provisions or provisions of administrative fines to offenses committed before this Act enters into force, the former provisions shall govern.
ADDENDA <Act No. 13323, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13498, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13656, Dec. 29, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 43-2 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14001, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 32 (5) shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Child Care Centers at Parents Associations)
The child care centers at parents associations authorized under the former provisions as at the time this Act enters into force shall be considered as cooperative child care centers prescribed in the amended provisions of subparagraph 6 of Article 10.
ADDENDA <Act No. 14597, Mar. 14, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 10, and Article 12 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Types of Child Care Centers)
The amended provisions of subparagraph 4 of Article 10 shall also apply to workplace child care centers established and operated by the State or local governments under the former provisions as at the time the amended provisions enter 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. 15892, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 2 of Article 16 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning the Incorporation Foundation, Korea Childcare Promotion Institute)
(1) The incorporated foundation, Korea Childcare Promotion Institute (hereinafter referred to as the "former corporation") shall request the Minister of Health and Welfare to approve KCPI established under this Act to succeed all the property, rights, and obligations, following a resolution by the board of directors during the period from the date this Act is promulgated to the date this Act enters into force.
(2) Notwithstanding the provisions of the Civil Act governing the dissolution and liquidation of corporations, the former corporation that has obtained approval from the Minister of Health and Welfare pursuant to paragraph (1) shall be deemed dissolved in concurrence with the establishment of KCPI under this Act, and KCPI shall universally succeed all the property, rights, and obligations that have belonged to the former corporation.
(3) The executive officers and employees of the former corporation shall become executive officers and employees of KCPI.
(4) The value of property to be succeeded by KCPI pursuant to paragraph (2) shall be the book value of the date proceeding the date of establishment registration of KCPI.
Article 3 (Transitional Measures concerning Degree of Disability)
"Degree of disability" in the amended provisions of Article 28 (1) 4-2 shall be construed as "at least disability grade" before the partially amended Act on Welfare of Persons with Disabilities (Act No. 15270) enters into force.
Article 4 (Transitional Measures concerning Accredited Child Care Centers)
Notwithstanding the amended provisions of Article 30, child care centers accredited pursuant to the former provisions shall be governed by the former provisions during the period of validity of the accreditation.
Article 5 (Transitional Measures concerning Administrative Dispositions)
Notwithstanding the amended provisions of subparagraph 4-6 of Article 44, acts conducted before this Act enters into force shall be governed by the former provisions.
ADDENDA <Act No. 16078, Dec. 24, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 31-3 shall enter into force three months after the date of its promulgation, and the amended provisions of Articles 12, 34 (6), and 39-2 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Establishment of National or Public Child Care Centers in Multi-Family Housing)
The amended provisions of Article 12 shall begin to apply from the first multi-family housing which requests a pre-use inspection prescribed in Article 49 of the Housing Act three months after the same amended provisions enter into force.
Article 3 (Transitional Measures concerning Temporary Child Care Service Providers)
Temporary child care service providers designated pursuant to the former provisions as at the time this Act enters into force shall be deemed part-time child care service providers designated pursuant to the amended provisions of Article 26-2 (2).
ADDENDA <Act No. 16248, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16251, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 13 (2) shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Surveys of Standard Child Care Costs)
The first survey of standard child care costs pursuant to the amended provisions of Article 34 (7) shall be conducted in 2022.
Article 3 (Applicability to Order to Return Costs)
The amended provisions of Article 40 shall begin to apply from the first case where costs prescribed in Article 34 are subsidized by fraud or other improper means after this Act enters into force.
ADDENDA <Act No. 16404, Apr. 30, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2020: Provided, That the amended provisions of Article 44-3 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Imposition of Charges for Compelling Compliance)
The amended provisions of Article 44-3 (2) shall begin to apply from the first imposition of charges for compelling compliance after the same amended provisions enter into force.
Article 3 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 17209, Apr. 7, 2020>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 17785, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 33-3 shall enter into force three months after the date of its promulgation, and the amended provisions of Articles 9 and 9-3, subparagraph 7 of Article 16, Articles 16-2, 25 (4) 5-2 and 8, 38, 38-2, 40, 40-2, 42-2, 44, 45, 46 through 48, 49-2, 49-3, 51-2 and 54 shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification)
The amended provisions of subparagraph 7 of Article 16 shall begin to apply where an order to close a child care center is issued pursuant to Article 32 of the Early Childhood Education Act due to a violation committed after this Act enters into force.
Article 3 (Applicability to Separate Sentence of Punishment of Fines)
The amended provisions of Article 16-2 shall begin to apply to a person who commits a crime prescribed in Article 54 (2) through (4) after this Act enters into force.
Article 4 (Applicability to Organization of Child Care Center Operating Committee)
The amended provisions of Article 25 (3) shall begin to apply where a child care center operating committee is newly organized after this Act enters into force.
Article 5 (Applicability to Order to Return Expenses)
The amended provisions of Article 40 shall begin to apply where expenses under Article 34 are improperly used for purposes other than for child care in violation of the amended provisions of Article 38-2 after this Act enters into force.
Article 6 (Applicability to Recovery of Child Care Subsidies)
The amended provisions of Article 40-2 shall begin to apply where an establisher/operator of a child care center or the principal of a child care center falls under the amended provisions of Article 40-2 (2) 1 or 2 after this Act enters into force.
Article 7 (Applicability to Reporting of Violations and Protection of Reporting Persons)
The amended provisions of Article 42-2 shall also apply where a report or accusation is filed against any person who falls under the amended provisions of Article 42-2 (1) 5 or 6 before this Act enters into force.
Article 8 (Applicability to Closure of Child Care Centers)
The amended provisions of Article 45 (1) shall begin to apply where an establisher/operator of a child care center falls under the amended provisions of subparagraphs 1-2 through 1-4, or 5 of the same paragraph after this Act enters into force.
Article 9 (Applicability to Suspension of Qualification of Principals of Child Care Centers)
(1) The amended provisions of Article 46 (1) shall begin to apply where the principal of a child care center falls under any of the amended provisions of subparagraphs 5 through 7 of the same paragraph after this Act enters into force.
(2) The amended provisions of Article 46 (2) shall begin to apply where an infant or young child dies or suffers a serious bodily injury prescribed by Ministerial Decree of Health and Welfare as the principal of a child care center fails to comply with the duty to check whether all infants and young children have alighted from a vehicle pursuant to Article 53 (3) through (5) of the Road Traffic Act after this Act enters into force.
(3) The amended provisions of Article 46 (3) shall begin to apply where a person under the guidance and supervision of the principal of the child care center commits an act falling under subparagraph 1 or 2 of the same paragraph, after the Act enters into force.
Article 10 (Applicability to Suspension of Qualification of Child Care Teachers)
The amended provisions of Article 47 (2) shall begin to apply where an infant or young child dies or suffers a serious bodily injury prescribed by Ministerial Decree of Health and Welfare as a child care center teacher fails to comply with the duty to check whether all infants and young children have alighted from a vehicle pursuant to paragraphs (3) through (5) of Article 53 of the Road Traffic Act after this Act enters into force.
Article 11 (Applicability to Publication of Violations)
The amended provisions of Article 49-3 (1) shall begin to apply to the first violations committed after this Act enters into force.
Article 12 (Transitional Measures concerning Period of Suspension of Qualification of Principals and Child Care Teachers of Child Care Centers)
Notwithstanding the amended provisions, with the exception of the subparagraphs, of Articles 46 (1) and 47 (1), the previous provisions shall apply to the period of suspension of qualification against a violation committed before this Act enters into force.
ADDENDA <Act No. 18217, Jun. 8, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Quasi-Public Child Care Centers)
The quasi-public child care centers selected in each City/Do as at the time this Act enters into force shall be deemed the quasi-public child care centers designated pursuant to the amended provisions of Article 30-2: Provided, That the quasi-public child care centers shall comply with the requirements prescribed in this Act within one year after this Act enters into force.
ADDENDUM <Act No. 18415, Aug. 17, 2021>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 18523, Nov. 30, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDUM <Act No. 18620, Dec. 21, 2021>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18899, Jun. 10, 2022>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 19456, Jun. 13, 2023>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 19606, Aug. 8, 2023>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 2 and Article 28 (1) 2 and 2-2 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 19653, Aug. 16, 2023>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 19840, Dec. 26, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force 6 months after the date of its promulgation: Provided, That the amendments to the statutes to be amended pursuant to Article 4 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant statute.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 19898, Jan. 2, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Changes in Evaluation)
The amended provisions of Article 30 shall begin to apply to child care centers subject to evaluation after this Act enters into force.
Article 3 (Transitional Measures concerning Child Care Centers Accredited or Evaluated)
Child care centers accredited or evaluated pursuant to the previous provisions as at the time this Act enters into force and whose evaluation results are valid shall be deemed child care centers that has undergone evaluation during the period determined pursuant to the previous provisions.
ADDENDA <Act No. 19958, Jan. 9, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
Article 3 (Transitional Measures concerning Amendments to the Child Care Act)
Matters requested to be deliberated upon by the Deliberative Committee on Publication of the List of Workplace Child Care Centers pursuant to Article 14-2 (3) of the previous Child Care Act as at the time this Act enters into force shall be deemed requested to be deliberated upon by the Central Child Care Policy Committee pursuant to the amended provisions of Article 14-2 (3) of that Act.
Articles 4 through 6 Omitted.